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
In the case of Everson _v._ Young, then Librarian of Congress, Judge
Cole, of the Supreme Court of the District of Columbia, in 1889, refused
a mandamus against the copyright officer while admitting that "the
librarian had no discretion" on the ground that mandamus "will not be
used to order a vain thing to be done" and that a blank book "containing
not a single English sentence" is not a subject of copyright.
"The copyright statutes," as is said in Circular Letter no. 32 of the
Copyright Office, "in designating the classes of articles which may be
registered in this office do not mention blank forms or blank books. The
United States courts which have jurisdiction in cases arising under the
copyright laws have held that blank forms or blank books or similar
articles _for use in themselves_ are not subject to copyright, and hence
are not registrable in this office. A bill was introduced in Congress in
1904 proposing to extend the protection of the copyright law to
vouchers, certificates, or other business forms, wholly or partly
printed. But the measure was not favorably acted upon and did not become
law." This exclusion does not refer to such publications as an insurance
policy or a legal document, on which blank spaces are to be filled in,
which are accepted as proper subject-matter for copyright by the
Copyright Office.
{Sidenote: Combinations and arrangements}
The copyright under certain categories above scheduled may be in the
combination and arrangement only, or it may be also in any original
material included with other material. Quantity is not an essential
element in copyright so much as "substantial importance." An English
court protected a passage of only sixty words.
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