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 common law of England became the common law of its colonies and
finally of the sovereign States of the United States, and common law is
therefore administered by the state rather than by the federal courts.
In the case of Wheaton _v._ Peters, the U. S. Supreme Court went so far
as to say "there is no common law of the United States," but federal
courts accept and apply in each State the common law as accepted in that
State, and in later years the U. S. Supreme Court has held, as in 1901,
in Western Union Tel. Co. _v._ Call Pub. Co., that where there is a
conflict between the common law as accepted by different States or where
the rule adopted is not in accord with federal courts, the United States
courts will recognize and enforce the common law of England. This use by
the federal courts, as here pointed out by Justice Brewer, is peculiarly
applicable to interstate transactions. The effect of section 2 of the
copyright code is to give the federal courts the special authority of
Congress to accept and enforce the principles of common law and of
equity in the case of unpublished works.
{Sidenote: Statutory limitations}
But in the case of a published work, the courts have denied to copyright
works some of the rights and remedies applicable previous to
publication, because not specifically granted by statute, in accordance
with the established rule that no rights or remedies will be allowed by
the courts unless specifically granted. But the common law right of the
author is recognized by the courts notwithstanding the publication of
his work, if that is done without the author's consent. In 1896, in the
case of Press Pub. Co. _v._ Monroe, the doctrine was specifically held
by the U. S. Circuit Court of Appeals through Judge Lacombe, that the
unauthorized publisher may be restrained and damages obtained by civil
action, and recovery in such an action will not divest the author of any
of his rights or invest any of his rights in the infringer or the
public.
{Sidenote: General rights}
Thus the owner of a copyrightable work may (before publication), as with
other personal property, preserve his work exclusively for his own use,
or he may (1) print, (2) reprint, (3) publish, (4) copy, or (5) vend it;
or
If it be a literary work he may (6) translate it, or (7) make any other
version thereof, or (8) dramatize it; or
If a work for oral delivery he may (9) deliver or authorize delivery in
public for profit; or
If it be a dramatic work he may (10) convert it into a novel or other
non-dramatic form or (11) perform or represent it, or (as in 5) vend any
manuscript or record thereof, or (12) make or cause to be made any
transcription or record thereof; or (13) exhibit, perform, produce, or
reproduce it in any manner or by any method; or
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