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
Citations of all these laws will be found in Appendix A of the report of
copyright legislation from the Register of Copyrights, included in the
report of the Librarian of Congress for 1904; and the full text of the
United States acts, except the later ones, are given in "Copyright
Enactments 1783-1904" issued from the Copyright Office in 1905 as
Bulletin No. 3, and in a second revised and enlarged edition, extending
to 1906, reissued in 1906. The Trade-Mark act of February 20, 1905,
supplemented by an act of May 4, 1906, covers the protection of labels,
etc., excluded from copyright by the copyright act, and is given, with a
list of trade-mark laws of foreign nations, and trade-mark treaties with
them, rules, indexes, etc., in a Government publication, entitled
"United States Statutes concerning the registry of trade-marks with the
rules of the Patent Office relating thereto."
{Sidenote: Common law relations}
The act of 1790 received an interpretation, in 1834, in the case of
Wheaton _v._ Peters (rival law reports), at the bar of the U. S. Supreme
Court, which placed copyright in the United States exactly in the
_status_ it held in England after the decision of the House of Lords in
1774. The court referred directly to that decision as the ruling
precedent, and declared that by the statute of 1790 Congress did not
affirm an existing right, but created a right. It stated also that there
was no common law of the United States and that (English) common law as
to copyright had not been adopted in Pennsylvania, where the case arose.
So late as 1880, in Putnam _v._ Pollard, claim was made that this ruling
decision did not apply in New York, which, in its statute of 1786,
expressly "provided, that nothing in this act shall extend to, affect,
prejudice, or confirm the rights which any person may have to the
printing or publishing of any books or pamphlets at common law, in cases
not mentioned in this act." But the N. Y. Supreme Court decided that the
precedent of Wheaton _v._ Peters nevertheless held. During the
discussion of the present copyright code, Edward Everett Hale consulted
with other veteran authors whose early works were passing out of
copyright, with the intention of bringing a test case for the extension
of copyright under common law after the expiration of the statutory
period. But on proposing such a case to legal counsel he became assured
that such a suit could not be maintained.
{Sidenote: Divided opinions}
Public-domain text, read in full here on John Shaqi.
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