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
appearing in several publications, some of them not copyrighted, could
only be protected in these latter by specific copyright notice, even
though covered in the copyrighted periodicals as a component part. The
Copyright Office can make no clear line of demarcation in advance as to
advertisements, but it has declined in a recent instance to accept for
registry recipes printed on tin and inserted in packages of flour to
advertise the flour, which could scarcely be accepted as a "book" or
other copyrightable matter.
{Sidenote: New editions}
New editions are protected under the American code as new works (sec.
6), to the extent that they include new material; and this is in accord
with the whole trend of court decisions. In 1852 Vice-Chancellor
Kindersley stated the doctrine that "if a man prints a second edition,
not being a mere reprint of the first edition, but containing
considerable and material alterations and additions, _quoad_ those, it
is a new work." So in 1870, in Black _v._ Murray & Son, Lockhart's
edition of Scott's "Border Minstrelsy" was protected, on Lord President
Inglis' decision, to the full extent of the notes: "Questions of great
nicety and difficulty may arise as to how far a new edition of a work is
a proper subject of copyright at all; but that must always depend upon
circumstances. A new edition of a book may be a mere reprint of an old
edition, and plainly that would not entitle the author to a new term of
copyright running from the date of the new edition. On the other hand,
the new edition of a book may be so enlarged and improved as to
constitute in reality a new work, and that just as clearly will entitle
the author to a copyright running from the date of the new edition." A
few colorable alterations or unimportant notes may not justify a new
copyright; a Scotch justice, however, contended that Walter Scott's
change of a single word in "Glenallan's Earl" authorized a copyright for
the new edition, though another law lord differed, and the case was
decided on other grounds. It is doubtful indeed whether there can be
protection of a single word, a question which arose in the _Belgravia_
case, unless having association in the public mind as a trade-mark. In
any event, the copyright on a new edition, whether made by rewriting,
extending, condensing, annotating, or otherwise altering, runs
independently of the term of the original or any other edition, covers
only the new parts, and cannot prevent the issue by others of the
original or any other edition on which copyright has expired. This is
made entirely clear in the new code (sec. 6).
{Sidenote: Copyright comprehensive}
Public-domain text, read in full here on John Shaqi.
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