Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
As Senator O. H. Platt in the copyright debate of 1891 said: "The
fundamental idea of a copyright is exclusive right to vend, and the
prohibition against importation from a foreign nation is necessary to
the enjoyment of that right. The privilege of controlling the market is
indeed essential." The copyright laws of foreign countries, and our own
copyright legislation previous to 1891, carefully safeguard this right.
When an author cannot assure to an American publisher the American
market he cannot get from that publisher the price he would otherwise
secure. In the "international copyright amendment" of 1891, Congress
accompanied the manufacturing clause, which prohibited the importation
of foreign copies even with the consent of the author, by a proviso
permitting certain importations even without the consent of the
author--on the homoeopathic principle of off-setting one restriction
upon authors' rights by another restriction upon authors' rights.
{Sidenote: General prohibitions}
{Sidenote: Exceptions permitted}
In general the law prohibits absolutely the importation of "piratical
copies" or of works bearing a false notice of United States copyright;
it also prohibits, even though with consent of the author and the
copyright proprietor, the importation in the case of works subject to
the manufacturing clause, of any copies not manufactured in this
country--but this prohibition does not apply to books in raised
characters for use of the blind; to foreign-made periodicals containing
authorized copyright matter; to authorized copies of a work in a foreign
language of which only an English translation has been copyrighted here;
or to authorized copies published abroad when imported under specified
exceptional circumstances. These exceptions permit the importation of
authorized copies for individual use and not for sale, not more than one
copy at a time (excepting a foreign reprint of a book by an American
author); or by or for the United States; or by or for stated educational
institutions, including libraries, not more than one copy at one time;
or when parts of collections or libraries purchased and imported _en
bloc_, or of personal baggage. Books imported under these exceptions
cannot be adduced in defense of infringements, as the law specifically
provides, _e.g._, as when such a book contains no proper United States
copyright notice. Copies unlawfully imported may be seized and forfeited
like other contraband importations under regulations of the United
States Treasury, but it is provided that importations through the mails
or otherwise may be returned to the country from which the importation
is made on petition to the Secretary of the Treasury when there is no
evidence of negligence or fraud. The Secretary of the Treasury and the
Postmaster-General are jointly required to make regulations against
unlawful importation through the mails.
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