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
The code of 1909 permits the importation of periodicals containing
copyright matter authorized by the copyright proprietor, though not
manufactured in the United States, but this permissive exception does
not extend to composite books; and under the law of 1891 the Treasury
Department held that in the case of a book of poems, some of which were
copyrighted in the United States, the book could not be imported unless
the parts containing copyrighted poems had been printed from type set
within the United States. Under this ruling, applied to the present law,
foreign-made copies of books containing American copyrighted poems or
other articles, must be denied importation, because these copyrighted
portions were not type-set, printed and bound in this country. It is
possible, however, that under the rule "_de minimis non curat lex_," a
court might not justify the prohibition of books incidentally containing
in small proportion poems, extracts or other negligible items of
American copyright. Thus if an English cyclopaedia contained copyrighted
contributions by American authors, such cyclopaedia would be denied
admission unless such contributions might be adjudged a negligible
proportion of the work.
{Sidenote: Rebinding abroad}
The prohibition of importation under the manufacturing proviso of
copyrighted books not bound in this country, has been construed by the
Attorney-General, in an opinion of March 1, 1910 (given in Treas. dec.
no. 30414), to refer to original bindings and not to rebindings.
"Manifestly a book is produced within the meaning of section 31 when it
is printed and bound; and the binding required to be done in the United
States is the original binding, the one which enters into the original
production of the book. When the manufacture of the book is thus
completed it is entitled to all the protection offered by the copyright
laws, and it may be exported and thereafter imported at the pleasure of
the owner. There is, furthermore, nothing in the act to indicate any
intention that a book may be deprived of this protection or right of
importation when it has once been acquired. If it shall become necessary
or proper that the book be rebound it is not thereby made a new book,
but remains the same book, the one that was printed and originally bound
in the United States as required by the statute."
{Sidenote: Importation of non-copyright translation}
Public-domain text, read in full here on John Shaqi.
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