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
Designs for use in manufacture are, in the United States, subjects of
patent and not copyright. It is provided by the act of May 9, 1902, that
"any new, original, and ornamental design for an article of manufacture"
may be patented, and this classification inferentially excludes such
designs from copyright. This generalized description of design patents
replaced, at the suggestion of the Commissioner of Patents, the specific
descriptions in the design patents act of December 1, 1873, and adopted
instead the more comprehensive phraseology of the act of February 4,
1887, for the punishment of infringement of design patents. In like
manner the new British code excludes designs registrable under the
patents and designs act, 1907, "except designs which, though capable of
being so registered, are not used or intended to be used as models or
patterns to be multiplied by any industrial process."
{Sidenote: Foreign practice}
"The foreign copyright legislation," as is stated in Copyright Office
Bulletin, No. 9 of 1905, "instead of specifically naming the productions
which are subject-matter of copyright, generally uses some inclusive
expression, such as 'all writings,' 'every kind of literary work,'
'works of literature,' 'literary and scientific works,' 'every
production of literature and science,' and even such inclusive terms as
'every work of the intellect.'" Spain adds the inclusive phrase
"produced or published by ... any kind of impression or reproduction
known now or subsequently invented." Great Britain, most of her
colonies, and some other countries have set forth specific categories.
But the new British measure uses the general phrase "every original
literary dramatic musical and artistic work"--this replacing the several
categories in the several previous laws. In a few countries manuscripts,
personal letters and telegraphic messages, mostly in newspaper use, and
in Ecuador, titles of periodicals, are specifically scheduled as
subjects of copyright.
{Sidenote: International definition}
The Berlin convention uses the general expression "literary and artistic
works," which it defines as including "all productions in the literary,
scientific or artistic domain, whatever the mode or form of
reproduction," then specifying in detail categories of literary,
dramatic, musical and other artistic works, as set forth in the chapter
on international conventions and arrangements.
VII
OWNERSHIP OF COPYRIGHT: WHO MAY SECURE COPYRIGHT
{Sidenote: Persons named}
The American code of 1909 names (sec. 8) "the author or proprietor of
any work made the subject of copyright by this Act, or his executors,
administrators, or assigns" as the persons in whom the copyright may
lodge. It also provides specifically (sec. 62) that "the word 'author'
shall include an employer in the case of works made for hire."
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