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 exclusive right to deliver orally addresses and similar productions
is now specifically included in the American law, as in the laws of some
other countries, and probably involves the right to register, before
publication, any literary production intended for oral delivery before
it is printed in a book or periodical. Thus if Mr. Cable desires to
include in his readings, especially if in public for profit, chapters
from an unpublished novel, or a poet desires to protect his copyright in
a poem which he publicly recites, it may be desirable that he should
register such unpublished work under the provisions of the act for that
purpose; although it is a generally accepted doctrine that oral delivery
does not constitute publication, and that the matter orally delivered
may thus be protected at common law.
{Sidenote: "Publicly and for profit"}
It should be noted that in the case of a lecture or other work for oral
delivery and of a musical composition, the exclusive right is given for
its delivery or performance "publicly and for profit," and in the case
of a drama, "publicly," the words for profit being, probably by
inadvertence, omitted. There is some question, therefore, whether a
copyrighted lecture, drama, or musical composition can be given without
consent of the author privately, or, except in the case of a drama,
gratuitously before the public. In view of the special exception (sec.
28) exempting oratorios, etc., performed for charitable or educational
purposes and not for profit, from authorization or payment, as well as
on general principles of construction, it would seem probable that the
courts would protect the author of a lecture, drama, or musical
composition, except in such instances as a private rendering in a
private house, to which there was not public admission and at which no
fee was charged or collection taken. The cases bearing on this point are
given in the later chapter on dramatic and musical copyright.
{Sidenote: Material and immaterial property}
The American code adopts into the law an important distinction as
between the property in the material and the immaterial rights, hitherto
somewhat uncertain, in the following provision (sec. 41): "That the
copyright is distinct from the property in the material object
copyrighted, and the sale, or conveyance, by gift or otherwise, of the
material object shall not of itself constitute a transfer of the
copyright, nor shall the assignment of the copyright constitute a
transfer of the title to the material object; but nothing in this Act
shall be deemed to forbid, prevent, or restrict the transfer of any copy
of a copyrighted work the possession of which has been lawfully
obtained."
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