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
A curious question as to the prohibition of importation arose in
connection with a Swedish translation of the "purity" books of the "Self
and sex" series, by Dr. Sylvanus Stall, of Philadelphia, author and
publisher of this series. The original works in this series are by an
American author written and printed in English and manufactured and
copyrighted in America; and there are translations into twenty or more
languages authorized by the author but not copyrighted in the United
States. The copyright proprietor made an importation of the Swedish
translation without question, but the second importation was stopped by
the customs authorities at Philadelphia on the ground that the Swedish
translation was a copy of the American copyrighted work and must
therefore be denied admission because not manufactured in America. On
appeal, the Treasury Department, June 23, 1910, overruled the local
authorities and admitted the translation made in Sweden, and bearing no
copyright notice, as a work "of foreign origin in a language other than
English."
{Sidenote: Books dutiable}
Copyright protection and tariff "protection" are often spoken of as
related with each other, chiefly because in this country the importation
of books for libraries is, to a limited extent, free from tariff duties
as well as from copyright restrictions. There is no real relation
between them, but the sections of the American tariff of 1910 dealing
with books and works of art may be cited for the convenience of
importers:
"(416) Books of all kinds, bound or unbound, including blank books,
slate books and pamphlets, engravings, photographs, etchings, maps,
charts, music in books or sheets, and printed matter, all the foregoing
wholly or in chief value of paper, and not specially provided for in
this section, twenty-five per centum ad valorem; views of any landscape,
scene, building, place, or locality in the United States on cardboard or
paper, not thinner than eight one-thousandths of one inch, by whatever
process printed or produced, including those wholly or in part produced
by either lithographic or photogelatin process (except show cards),
occupying thirty-five square inches or less of surface per view, bound
or unbound, or in any other form, fifteen cents per pound and
twenty-five per centum ad valorem; thinner than eight one-thousandths of
one inch, two dollars per thousand: Provided, That the rate or rates of
duty provided in the tariff Act approved July twenty-fourth, eighteen
hundred and ninety-seven, shall remain in force until October first,
nineteen hundred and nine, on all views of any landscape, scene,
building, place, or locality, provided for in this paragraph, which
shall have, prior to July first, nineteen hundred and nine, been ordered
or contracted to be delivered to bona fide purchasers in the United
States, and the Secretary of the Treasury shall make proper regulations
for the enforcement of this provision."
{Sidenote: Books on free list}
Public-domain text, read in full here on John Shaqi.
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