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
If it be a musical work he may (14) arrange or (15) adapt it, or (as in
11) perform it publicly for profit, or (16) make any arrangement or (17)
setting of the melody in any notation or by any form of record (the last
subject to the license provision of the statute); or
If a design for a work of art, he may (18) complete, execute, and finish
it,
--all these being specifically reserved and granted to the author,
although in somewhat complex and overlapping phraseology, by the new
American code.
{Sidenote: Inferential rights}
Or, in utilizing his rights at common law or as above granted by
statute, he may (19) give, (20) lend, (21) grant, (22) sell, (23)
manufacture, (24) lease or license, (25) mortgage, or (26) devise his
work or the use of it, or (27) it may pass by inheritance,--as pointed
out by Arthur Steuart, chairman of the Copyright Committee of the
American Bar Association, in his argument before the Congressional
Committees.
{Sidenote: Differentiated rights}
Or, as also pointed out by Mr. Steuart, he may "impose upon any of these
estates any condition or limit," as by limiting the use (28) for special
purposes, (29) at a special price, or (30) for a special time, or (31)
in a special locality, or (32) to a special person.
{Sidenote: Court protection}
The rights scheduled, adds Mr. Steuart, the courts will protect (a) "in
equity by injunction and the recovery of profits"; or (b) "at law by a
civil action for trespass or conversion, with a recovery of special
damages for actual injury or punitive damages for injury to reputation,
or by replevin for the recovery of possession of the work, as well as by
any other form of action known to the common law or statute law and
proper to the protection of this class of property."
{Sidenote: Division of rights}
The owner of the copyright of a book may thus publish a limited edition
of his book and sell it to whom he may please, or for a specified
market. Such specified or divided rights are recognized in Germany as
"_getheiltes Verlagsrecht_," in France as "_edition partagee_," and
there is specific reference to them in the German copyright law. Some of
the specified rights are cognate to the rights of a proprietor of land
to sell a piece of land subject to certain restrictions, agreed upon
with the purchaser or imposed upon the title in the deed of transfer. As
in the frequent practice of restricting use for the purposes of a stable
or a shop, or requiring that only one house shall be built on a
specified number of lots.
{Sidenote: Analysis of property rights}
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account