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
It has occasionally been intimated that the efforts made by the public
libraries to secure the constant circulation of the same book is a
trespass upon the rights of the author, as he is presumably thus
subjected to the loss of readers who would otherwise also become
purchasers of his book. A case has just been decided to test an author's
right to object to having copies of his own copyright editions of his
books sold in a manner not indicated by himself as volumes of a
so-called collected edition of his works. The decision, on first
hearing, was adverse to the author's contention.
It is the _literary expression_ of the author's thoughts and ideas which
is the subject-matter of the protection, and not primarily the thoughts
and ideas themselves. These last may or may not be original with the
author, but once he has made public a thought or an idea he has given it
away; he cannot control its use or application. The author of a
translation of a book--the original work being in the public domain--may
obtain a copyright upon his own translation, but doing so will not debar
another from producing an original translation of his own of the same
work and obtaining copyright registration for the same.
Copyright does not give to any one monopoly in the use of the _title_ of
a book, nor can a title _per se_ be subject-matter of copyright. It is
the book itself, the literary substance which is protected, the title
being recorded for the identification of the work.
3. _Time and territorial limitations of copyright._
A few countries still grant copyright in perpetuity, but usually the
term of protection is limited either to a certain number of years, or to
a term of years beyond the date of the author's death. This last
provision is the more general, and the term varies from seven years
after the author's death in England, for instance, to eighty years after
the author's death in Spain. The two most common terms are thirty years
to fifty years beyond the life of the author. Our own legislation
provides for two possible terms of protection. The first being for
twenty-eight years from the date of the recording of the title in the
Copyright Office, and the second, an extension of fourteen years from
the expiration of the first term.
Besides the time limit, copyright--especially as far as the authors of
the United States are concerned--is limited territorially, not extending
beyond the boundaries of the United States. Whether the protection which
follows registration and deposit shall extend so as to include Porto
Rico, Hawaii and the Philippines is a matter of some question. Probably
as regards the Philippines the answer would be in the negative, but as
concerns Porto Rico, since the passage of the "Act temporarily to
provide revenue and a civil government for Porto Rico" (April 12, 1900)
and Hawaii, since the taking effect (June 14, 1900) of the "Act to
provide a government for the territory of Hawaii," the response would be
in the affirmative.
Public-domain text, read in full here on John Shaqi.
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