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
This act followed the precedent of the English act of 1710, and gave to
authors who were citizens or residents, their heirs and assigns,
copyright in books, maps and charts for fourteen years, with renewal for
fourteen years more, if the author were living at expiration of the
first term. A printed title must be deposited before publication in the
clerk's office of the local United States District Court; notice must be
printed four times in a newspaper within two months after publication; a
copy must be deposited with the United States Secretary of State within
six months after publication; the penalties were forfeiture and a fine
of fifty cents for each sheet found, half to go to the United States; a
remedy was provided against unauthorized publication of manuscripts.
{Sidenote: 1802-1867}
{Sidenote: The revised act of 1870}
{Sidenote: 1874-1882}
This original and fundamental act was followed by others--in 1802,
requiring copyright record to be printed on or next the title-page, and
including designs, engravings and etchings; in 1819, giving United
States Circuit Courts original jurisdiction in copyright cases; in 1831
(a consolidation of previous acts), including musical compositions,
extending the term to twenty-eight years, with renewal for fourteen
years to author, widow, or children, doing away with the newspaper
notice except for renewals, and providing for the deposit of a copy with
the district clerk (for transmission to the Secretary of State) within
three months after publication; in 1834, requiring record of assignment
in the court of original entry; in 1846 (the act establishing the
Smithsonian Institution), requiring one copy to be delivered to that,
and one to the Library of Congress; in 1855, a postal provision for free
mailing of deposits; in 1856, securing to dramatists the right of
performance; in 1859, repealing the provision of 1846 for the deposit of
copies, and making the Interior Department instead of the State
Department the copyright custodian; in 1861, providing for appeal in all
copyright cases to the Supreme Court; in 1865, including photographs and
negatives, and again requiring deposit with the Library of Congress,
within one month from publication; in 1867, providing $25 penalty for
failure to deposit. This makes twelve acts bearing on copyright up to
1870, when a general act took the place of all, including "paintings,
drawings, chromos, statues, statuary, and models or designs intended to
be perfected as works of the fine arts." This did away with the local
District Court system of registry, and made the Librarian of Congress
the copyright officer, with whom printed title must be filed before, and
two copies deposited within ten days after, publication. In 1873-4 the
copyright act was included in the Revised Statutes as sections 4948 to
4971 (also see secs. 629 and 699), and in 1874 an amendatory act made
legal a short form of record, "Copyright, 18--, by A. B.," and relegated
labels to the Patent Office.
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