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 preparation of this work brings a recurring sense of the losses which
the copyright cause has suffered during the long campaign for copyright
reform, beginning in the American Copyright League, under the presidency of
James Russell Lowell, and continued under that of Edmund Clarence Stedman,
both of whom have passed over to the majority. Bronson Howard, always
active in the counsels of the League as a vice-president, and the foremost
advocate of dramatic copyright as president of the American Dramatists
Club, failed, like Stedman, to see the fulfillment of his labors in the
passage of the act of 1909. George Parsons Lathrop, Edward Eggleston,
Richard Watson Gilder, "Mark Twain" and other ardent advocates of the
rights of the author, gave large share of enthusiasm and effort to the
cause. Happily the two men who for the last twenty years and more have
labored at the working oar for the Authors League and for the Publishers
League, are still active in the good work, ready to defend the code against
attack and eager to forward every betterment that can be made; to Robert
Underwood Johnson, the successor of the lamented Gilder as editor of the
Century, and to George Haven Putnam, the head of the firm which still bears
the name of his honored father, authors the world over owe in great measure
the progress which has been made in America toward a higher ideal for the
protection of authors' rights.
{Sidenote: Copyright evolution}
It may be noted that while throughout the British Empire English precedent
is naturally followed, the more restrictive American copyright system has
unfortunately influenced legislation in Canada and Newfoundland, and in
Australia. France, open-handed to authors of other countries, has afforded
precedent for the widest international protection and for the international
term; while Spain, with the longest term and most liberal arrangements
otherwise, has been followed largely by Latin American countries. The
International Copyright Union has reached in the Berlin convention almost
the ideal of copyright legislation, and this has been closely followed in
the Buenos Aires convention of the Pan American Union. The world over,
there seems to have been a general evolution of copyright protection from
the rude and imperfect recognition of intellectual property as cognate to
other property, for a term indefinite and in a sense perpetual, almost
impossible of enforcement in the lack of statutory protection and
penalties. Systems of legislation, at first of very limited term and of
restricted scope, have led up to the comprehensive codes giving wide and
definite protection for all classes of intellectual property for a term of
years extending beyond life, with the least possible formalities compatible
with the necessities of legal procedure. Unfortunately in the United States
of America the forward movement which produced the "international copyright
amendment" of 1891 and the code of 1909, conspicuously excellent despite
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