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
Customs regulations as to importation of copyright articles and joint
customs and postal regulations as to such importation through the mails,
were issued under the law of 1909 under date of July 17, 1911, and are
given in the appendix. As the copyright law forbids importation of
copyright books not manufactured in this country, even with consent of
the copyright proprietor, the customs regulations provide that copies
imported with the copyright proprietor's assent shall be seized and
destroyed by the government, while copies imported without the copyright
proprietor's consent, being forfeited under the law to such proprietor,
must be held by the customs authorities pending suit for forfeiture by
the copyright owner or his abandonment of his right to such copies.
Duties collected on books thus unlawfully imported are not refunded.
{Sidenote: Supersedure of previous provisions}
In relation especially to questions of importation, and in general, it
is of first importance to note that the present code superseded by
repeal, from July 1, 1909, all conflicting provisions, which
practically means all previous copyright legislation, and that except as
to infringement cases actionable at that date, the present code is the
only copyright law.
The provision to this effect is (sec. 63): "That all laws or parts of
laws in conflict with the provisions of this Act are hereby repealed,
but nothing in this Act shall affect causes of action for infringement
of copyright heretofore committed now pending in courts of the United
States, or which may hereafter be instituted; but such causes shall be
prosecuted to a conclusion in the manner heretofore provided by law."
{Sidenote: Manufacturing clause affects earlier copyrights}
This principle as construed by the Treasury Department (Treas. dec. no.
30316) especially affects copies whose _status_ has been changed by the
new form of the manufacturing proviso (sec. 15). A modification adds the
condition that books must be printed from plates made from type set
within the United States and printed and bound in this country. The
Treasury Department has held in the case of an American edition of the
"Key of Heaven" copyrighted under the law of 1891, by Benziger Brothers,
of which sheets were sent abroad for binding, that the edition as bound
abroad cannot be re-imported into the United States, although the sheets
were manufactured here under the provisions of the law of 1891, previous
to July 1, 1909. These books were accordingly denied importation and had
to be returned to the country whence they were exported as bound. The
opinion of Attorney-General Wickersham of November 17, 1909, on which
the Treasury ruling was based, says:
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