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
The right of a contributor to have his name associated with his work in
the case of an encyclopaedia, at issue in Basil Jones _v._ American Law
Book Co., where the individual writer's name was replaced by that of a
distinguished jurist, though upheld in 1905 by Judge McCall in the N. Y.
Supreme Court, was denied in the reversal of this decision in 1908 by
the Appellate Division through Judge Houghton.
{Sidenote: Added material and alteration}
Where a publisher had affixed additional material to a copyrighted book,
the author was denied relief in Holloway _v._ Bradley, in 1886, by Judge
Butler in the U. S. Circuit Court; but this decision would not hold
where the added material was so placed as to give the false impression
that it was written by the author of the copyrighted work. Thus in 1910,
in Gilbert _v._ Workman, Sir W. S. Gilbert obtained an order in the
Chancery Division through Justice Neville against the interpolation of a
song into his copyrighted opera without his consent.
{Sidenote: Separate registration of contributions}
This would hold true to like extent in respect to alterations, which
might be permissible when in the nature of proof-reading correction or
editorial revision, but contrary to equity when they pervert, obscure,
or otherwise misrepresent the author.
In respect to composite works, the new American code indicates (sec. 23)
that there may be separate registration of contributions, inferentially
in the person of "an individual author," as distinguished from the
general entry for copyright of the composite work. This doubtless refers
to the practice, for instance, of the entry in his own name of his
specific work, by a novelist or other contributor to a periodical, in
addition to the general entry of the number of the periodical of which
it is a copyrightable component part. The only direct effect is to give
to the specific author _prima facie_ evidence of ownership in his
specific contribution, as distinguished from the right of the proprietor
of the general copyright, and in some respects the clause is ambiguous
and perhaps misleading, making it the more desirable that the relation
of the individual author should be defined by contract. It is not really
in conflict, however, with the principle that there cannot be two
copyrights in the same work, as the evident distinction implied is that
the proprietor of the general copyright holds the right for publication
in the periodical and that the specific author reserves the right of
publication in other form, which distinction is sufficiently provided
for as a matter of contract and does not depend upon specific entry of
the contribution. The wisest course may be for the proprietor of the
periodical or other composite work to reassign his interest in the
specific contribution, as was done by the proprietors of the _Smart Set_
as adjudicated in the case of Dam _v._ Kirke La Shelle Co., cited in the
chapter on dramatic and musical copyright, and thus remove possible
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