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 respect to abridgments, these are specifically mentioned (sec. 6) as
copyrightable works, and by inference from this clause and the provision
(sec. 1) giving an author the exclusive right to "make any other
version," the author or proprietor of a literary work may prevent
abridgment of his work. The courts had held to precedents which the best
writers, such as Curtis, Drone and Copinger, declare to be contradictory
to the true principles of copyright law. In 1740 Lord Hardwicke,
deciding against a mere reprint, "colorably shortened only," of Sir
Matthew Hale's "Pleas of the Crown," declared that he would not restrain
"a real and fair abridgment," and in 1774 Lord Chancellor Apsley, after
consultation with Blackstone, held that an abridgment of Hawkesworth's
"Voyages," involving understanding and skill, was not plagiarism or a
copyright wrong, but "an allowable and meritorious work." In the leading
American case of Story's "Commentaries," Story v. Holcombe, in 1847, in
the U. S. Supreme Court, Justice McLean, while expressing his own
opinion that "an abridgment, if fairly made, contains the principle of
the original work, and this constitutes its value," added, "but a
contrary doctrine has long been established in England ... and in this
country the same doctrine has prevailed. I am, therefore, bound by
precedent, and I yield to it in this instance, more as a principle of
law than a rule of reason or justice." Similarly, in Lawrence v. Dana,
in 1869, Judge Clifford, in the U. S. Circuit Court, declared that "an
abridgment ought to be regarded as an infringement ... but the opposite
doctrine has been too long established to be considered open to
controversy." The language of the new code frees the courts from these
precedents and settles the American law.
{Sidenote: Compilations}
In respect to compilations, these are protected by specific mention
(sec. 6) in the new law, and also by the classification as books (sec.
5, a) of "composite and cyclopaedic works, directories, gazetteers, and
other compilations." Compilations can be protected even if consisting
solely of non-copyright material, "because of the originality,
arrangement, selection, abridgment, or amplification of such simple
material," as stated in the Scotch Court of Session, in the case of
Lennie v. Pillans in 1843, with which later English and American
decisions are in accord.
{Sidenote: Collections}
Public-domain text, read in full here on John Shaqi.
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