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 authorities as to the prohibition of importation in other countries
are fully given in a statement from the Librarian of Congress made part
of the printed record of the third hearing before the Patents Committees
at Washington, March 26-28, 1908, which includes the text of the opinion
in Pitt Pitts _v_. George as the leading English case.
{Sidenote: International practice}
The Berne convention of 1886 provided (art. XII) that "every infringing
(_contrefait_) work may be seized on importation into those countries of
the Union where the original work has right to legal protection," which
was modified by the amendatory act of Paris, 1896, to read "may be
seized by the competent authorities of the countries of the Union." The
Berlin convention continues in article 16 the later phraseology, and
adds, "in these countries seizure may also be made of reproductions
coming from a country where the work is not protected or protection has
ceased." All three conventions include also the proviso that the seizure
shall take place conformably to the domestic legislation of each
country. This phraseology apparently leaves the prohibition of editions
authorized for other countries as an open question to be determined
under the domestic legislation or practice of each country. The Pan
American convention of Buenos Aires, 1910, provides (art. 14): "Every
publication infringing a copyright may be confiscated in the signatory
countries in which the original work had the right to be legally
protected, without prejudice to the indemnities or penalties which the
counterfeiters may have incurred according to the laws of the country in
which the fraud may have been committed."
XVII
COPYRIGHT OFFICE: METHODS AND PRACTICE
{Sidenote: History of Copyright Office}
Under the early American copyright laws, copyright entries and deposits
were made in the clerk's office of the respective District courts and
there was no central copyright office. The deposit copies were not
properly cared for, but what remained were collected into the vaults of
the national Capitol when copyright administration was centralized in
the Library of Congress. Under the law of 1870, the Librarian of
Congress was made the copyright officer, and for many years Ainsworth R.
Spofford, occupying that position, personally recorded entries and did
much of the work. Before the close of his administration of the Library,
and while it was still housed in the Capitol, the copyright business
required the services of a staff including at the last twenty-four
persons. By a special act of 1897, the office of Register of Copyrights
was created, subject to the authority of the Librarian of Congress, who
remains the ultimate administrative authority. The code of 1909 provided
also for an assistant register of copyrights. The Copyright Office now
occupies the southern end of the ground floor in the new Library
building and the staff has increased to eighty-four persons.
{Sidenote: Routine of registration}
Public-domain text, read in full here on John Shaqi.
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