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
Collections are copyrightable as compilations or otherwise, and where
the use of copyrighted poems or other copyright material is permitted,
these are protected by general copyright notice on the collection.
Permission to use a copyrighted poem, for instance, in a specified
collection does not grant a license to use it in other form, though it
could be used in a combination of such collections. In 1896, in Gabriel
_v._ McCabe, Judge Grosscup in the U. S. Circuit Court in Illinois held
that the licensor could not prevent the use of a song licensed for a
particular collection in a combination of this collection in another
collection or in an abridged edition of the collection, though an
"abridgment" involving a reprint of the song by itself would have been
an unfair use of the license.
{Sidenote: Titles}
As to titles, which are not mentioned in the new code, both English and
American court decisions are broadly and generally, though with some
exceptions, to the effect that there is no copyright protection for the
title of a book _per se_, but it may be considered an essential part of
the book. Judge Shepley held, in 1872, in his elaborate discussion of
the question of titles in Osgood _v._ Allen as to the periodical _Our
Young Folks_, that "the right secured is the property in the literary
composition--the product of the mind and genius of the author--and not
in the name or title given to it. The title does not necessarily involve
any literary composition; it may not be, and certainly the statute does
not require that it should be, the product of the author's mind.... It
is a mere appendage, which only identifies, and frequently does not in
any way describe, the literary composition itself.... If there were no
piracy of the copyrighted book there would be no remedy ... for the use
of a title which could not be copyrighted independently of the book."
Judge Lacombe accepted this view in his decision of the "Trilby" case,
cited beyond.
{Sidenote: Changed titles}
Conversely, the publication of a copyrighted work under a changed title,
with the original notice of copyright, would probably not invalidate the
copyright, though it would make identification more difficult and
prevent the copyright certificate being _prima facie_ proof; and change
of title is a practice altogether reprehensible. A new copyright of the
same book changed only in title, with a new copyright notice of later
date, could scarcely be construed as a new edition and in the absence of
the original copyright notice the copyright might thus be abandoned or
forfeited and the work be dedicated to the public.
{Sidenote: General titles}
General titles cannot in any way be protected. The publishers of the
"_Bibliographie Universelle_," in France, the "Post Office Directory,"
in England, and of "Irving's Works," in America, were all defeated in
attempts to prevent the use of those titles.
{Sidenote: Titles as trade-marks}
Public-domain text, read in full here on John Shaqi.
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