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
"This language [of sec. 31] clearly embraces every American copyright in
a book, regardless of whether that copyright was obtained under the
copyright laws embodied in the Revised Statutes, or the act of 1891, or
the copyright act of 1909. If the statute were otherwise, it would have
produced the anomalous condition that books copyrighted prior to March
3, 1891, would not be prohibited from importation by any manufacturing
provision; that books copyrighted after March 3, 1891, and prior to July
1, 1909, the date upon which the act of March 4, 1909, became effective,
would be prohibited unless printed from type set in the United States or
from plates made from type set in the United States, while books
copyrighted after July 1, 1909, would be prohibited if not printed from
type set in the United States or from plates made from type set therein,
and the printing and _binding_ both performed within the limits of the
United States."
{Sidenote: Importation of foreign texts}
Where a work in a foreign language is copyrighted in the United States,
it was held by the Secretary of the Treasury (Treas. dec. no. 22751) in
1901, on advice of the Attorney-General, under the act of 1891, in the
case of Rostand's "L'Aiglon," that the original French edition must be
denied importation under the prohibition feature of the manufacturing
clause; but, as under the new code of 1909, "the original text of a work
of foreign origin in a language other than English," is excepted from
the manufacturing clause, it follows that such original text cannot be
denied importation on copyright grounds, though importation might be
restrained as a matter of equity by an assignee who had bought for the
American market the right to publish here. In the case, however, of
Liddel and Scott's Greek-English Lexicon, of which an American edition
was copyrighted previous to the law of 1891, on a question raised by the
American Book Co., the Secretary of the Treasury held in 1901 (Treas.
dec. no. 22781) that the English edition could not be denied
importation, as the law previous to 1891 did not contain the prohibition
incident to the manufacturing clause. The Attorney-General in this case
considered that while the clause against importation, being remedial,
might affect prior copyright, yet as it particularly applied to books
"so copyrighted" as not to be imported during the existence of "such
copyright," it should be inferred that only books copyrighted under that
act should be denied importation--the law in general being prospective
in its effect. These two earlier opinions were taken into consideration
in the opinion in 1909 by Attorney-General Wickersham, who held that the
language of the new code did not warrant the same construction.
{Sidenote: Printing within country}
Public-domain text, read in full here on John Shaqi.
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