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
"A book must include every part of the book; it must include every
print, design, or engraving which forms part of the book, as well as the
letterpress therein, which is another part of it," according to the
ruling decision of Vice-Chancellor Parker, in 1852, in the English case
of Bogue _v._ Houlston. To the same effect Drone says: "The copyright
protects the whole and all the parts and contents of a book: when the
book comprises a number of independent compositions, each of the latter
is as fully protected as the whole." The copyright under the new law
protects (sec. 3) "all the copyrightable component parts of the work
copyrighted." The practice of some publishers in copyrighting a magazine
and also specific articles or engravings seems, therefore, a work of
doubtful expediency. The new law specifically gives to the proprietor of
"composite works or periodicals" (sec. 3) "all the rights in respect
thereto which he would have if each part were individually copyrighted."
{Sidenote: Non-copyrightable parts excepted}
On the other hand, copyright cannot extend to any part of a book not
subject in itself to copyright, even under the old law, and the new law
(sec. 3) is perfectly plain. The general copyright is not, however,
vitiated as to copyrightable portions by its seeming to cover
non-copyrightable portions, as was held by Lord Kenyon, in 1801, in Cary
_v._ Longman. But when copyright is claimed on a work partly composed of
uncopyrightable matter the courts may require the claimant, on
interrogatories, to designate which parts are and which are not
original. "If the parts cannot be separated," says Drone, "it would seem
that copyright will not vest in any of it." The new code is to the same
effect.
{Sidenote: Book illustrations}
The application of these principles to the protection of a "new edition"
which is new only with respect to added illustrations, is very simple.
It is only the new illustrations which can be copyrighted, and it is
matter for question whether the endeavor to protect an edition of
unaltered text by a general copyright notice which really covers only a
few added illustrations would not be a false use of the copyright
notice. A proper copyright notice on an illustrated book will, however,
protect the illustrations against indirect as well as direct
reproduction; thus in 1908 in Harper _v._ Kalem, Judge Lacombe in the U.
S. Circuit Court in New York protected certain illustrations in "Ben
Hur" against their reproduction in moving pictures.
{Sidenote: Translations}
Public-domain text, read in full here on John Shaqi.
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