Papers and Proceedings of the Twenty-Third General Meeting of the American Library Association: Held at Waukesha, Wisconsin, July 4-10, 1901 — John Shaqi
Papers and Proceedings of the Twenty-Third General Meeting of the American Library Association: Held at Waukesha, Wisconsin, July 4-10, 1901
Science
Papers and Proceedings of the Twenty-Third General Meeting of the American Library Association: Held at Waukesha, Wisconsin, July 4-10, 1901
American Library Association; Library science -- Congresses
Librarians as librarians must watch with impartiality the struggles
among tendencies and schools of thought, and above all things, endeavor
to keep open a free way for new truth.
BOOK COPYRIGHT.
BY THORVALD SOLBERG, _Register of Copyright, Washington. D. C._
In order to keep within the time limit provided in the program I have
been obliged to refrain from even touching upon many points, but have
endeavored to present certain general principles governing copyright in
books. I shall, therefore, only attempt to make clear, as briefly as
possible:
1. What is copyrighted, _i.e._, what can properly be designated as a
"book" in order to secure copyright protection thereon;
2. What is the nature of the protection secured under the copyright law;
3. The limitation in time during which the protection applies, and its
territorial limitations;
4. Who may obtain protection--the difference between an "author" and a
"proprietor";
5. International copyright;
6. What conditions and formalities are required to be complied with in
order to secure copyright;
7. The functions of the Copyright Office; and
8. Possible copyright law amendment.
1. _What is copyrighted?_
The copyright statutes enumerate the articles or classes of articles
subject-matter of copyright, and first in the list stands "book." The
first consideration is, therefore, What is to be understood by the term
"book" as thus used? or, in other words, What is a "book," as that
designation is employed in the copyright law?
The answer is indicated in the provision of the federal constitution
upon which our copyright legislation is founded. This paragraph of the
constitution (section 8 of article 1) grants to Congress--"in order to
promote the progress of science and useful arts"--the right to enact
laws to secure "to authors ... the exclusive right to their ...
writings...." This provision is, of course, to be broadly interpreted,
but, using the exact wording of the law, it is the _writing_ of an
author--his literary composition--the prose or poetical expression of
his thought--which makes his "book," as the term is used in the
copyright law. In order to be a "book," subject to protection under the
copyright law, the author's production must have this literary
characteristic. The _quality_ of the literary ingredient is not tested,
but its presence is requisite. Hence not everything which may ordinarily
be called a book is fitly so nominated, in order to indicate the
subject-matter of copyright; while some productions not ordinarily
designated as "books" may properly be thus classified in order to be
registered as a preliminary to copyright protection.
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