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
Under the law of 1891, the Secretary of the Treasury held in 1903
(Treas. dec. no. 24742) that books printed abroad from type set or
plates made within the United States could not be prohibited importation
under the manufacturing clause; but the clause has been so amended in
the code of 1909 that printing in this country from type set within the
United States or from plates made within the country from type thus set,
is required as a condition of copyright, and copyright does not hold if
any of these three conditions be neglected. It follows that in the case
of books so copyrighted and manufactured, any other edition must be
prohibited importation.
{Sidenote: Innocent importation}
An English decision holds that an importer is not innocent because he
does not know that an importation includes copyright matter; and the
wording of our law implies the same, though an American decision held
that a partner or employer is not chargeable with statute penalties for
acts done without his knowledge by a partner or agent.
{Sidenote: Books not claiming copyright}
An indirect and significant effect of the manufacturing proviso, in the
nature of a "boomerang" to American industries, is to prevent the
copyrighting of works which might otherwise be partly manufactured in
America. Thus the American versions of the Book of Common Prayer and of
Church Hymnals no longer seek American copyright, because the thin paper
editions, as on "Oxford paper," are necessarily printed abroad and could
not be imported if there were copyright on other editions which might be
made in America. Baedeker's "United States," though dealing exclusively
with and chiefly sold in this country, is not copyrighted, being
protected rather by the cost of reproducing its German-made maps and
text, and by its repute as a guide book and characteristic form, which
might under the doctrine of "fair use" give its American publishers some
common law protection against imitators.
{Sidenote: Periodicals may be imported}
{Sidenote: Composite books not admitted}
Public-domain text, read in full here on John Shaqi.
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