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
"(Sec. 7.) That no copyright shall subsist in the original text of any
work which is in the public domain, or in any work which was published
in this country or any foreign country prior to the going into effect of
this Act and has not been already copyrighted in the United States, or
in any publication of the United States Government, or any reprint, in
whole or in part, thereof: _Provided, however_, That the publication or
republication by the Government, either separately or in a public
document, of any material in which copyright is subsisting shall not be
taken to cause any abridgment or annulment of the copyright or to
authorize any use or appropriation of such copyright material without
the consent of the copyright proprietor."
{Sidenote: Government use}
It is not to be inferred from the provision as to Government
publications, that the United States has itself a right to use copyright
material without consent of the copyright proprietor. The sovereignty of
the nation is not to transgress the rights of private property, unless
in the necessary exercise of war or police powers, as the sovereign
state cannot take land over which it is theoretically sovereign from a
private owner except for public purposes and then only by condemnation
proceedings at law and with fair remuneration to the proprietor. No
right of eminent domain in respect to copyrights is asserted by the
United States, and the provision means only that material, otherwise
copyrightable, furnished by a public officer or otherwise to the
Government, becoming the property of the Government, is put freely at
the service of the people.
{Sidenote: "Author" and "writing" definitions}
The constitutional provision is thus given the broadest interpretation
in the act. In the narrow sense the dictionaries define "author" as "one
who composes or writes a _book_" (Webster), and "writing" variously as
"a record made by _hand_," "a production of the _pen_," "any expression
of thought in _visible_ words" (Century); "anything expressed in
_letters_" (Webster, Stormonth, Standard); "a written paper," "a legal
instrument" (Johnson); "a literary production" (Chambers); "forming by
the hand letters or characters on paper or other suitable substance"
(Bouvier's Law Dictionary); "words made _legible_ by any device," "a
document, whether manuscript or printed, as opposed to mere spoken
words" (Rapalje and Lawrence, Law Dict.); "expression of ideas by
visible letters" (Anderson's Dict. of Law). For years Massachusetts
voters cast a handwriting ballot, until the courts held that a printed
ballot fulfilled the "written ballot" requirement of the Massachusetts
constitution. But in the wider sense an author is "a creator, an
originator" (Webster, Standard), and a writing is the record or
expression of a thought or idea.
{Sidenote: Interpretation by Congress and courts}
Public-domain text, read in full here on John Shaqi.
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