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
The obtaining of copyright protection by a compliance with the United
States statutory requirements as to registration of title, deposit of
copies, and printing of notice of copyright, does not secure extension
of this protection in the territory of any foreign country, the United
States not being a member of the International Copyright Union. An
American author must comply with the requirements of the copyright laws
of a foreign country, just as if he were a citizen or subject of that
country, in order to obtain copyright protection within its borders.
Presumably, however, the obtaining of valid copyright protection in one
of the countries of the International Copyright Union, England for
example, would secure protection throughout the various countries of
that Union.
4. _Who may obtain copyright._
It is the _author_ of the work who is privileged to obtain copyright
protection for it. As I have already pointed out, the constitutional
provision enacts that Congress is to legislate to secure to _authors_
the exclusive right to their _writings_. When, therefore, the law states
that the author "or proprietor" of any book may obtain a copyright for
it, the term "proprietor" must be construed to mean the author's
assignee, _i.e._, the person to whom he has legally transferred his
copyright privilege. It is not necessarily transferred by the sale of
the book, _i.e._, the manuscript of the author's work, as the purchase
alone of an author's manuscript does not secure to the proprietor of the
manuscript copyright privileges. Prior to July 1, 1891, no foreign
author could obtain copyright protection in the United States, hence the
purchase by a publisher of one of Dickens's novels in manuscript, for
example, would not enable the buyer to obtain copyright on the book in
this country. No author who has not the privilege of copyright in the
United States can transfer to another either a copyright or the right to
obtain one. He cannot sell what he does not himself possess. Under the
United States law copyright comes through _authorship_ only. It is not a
right attaching to the thing--the book--but is a right vested in the
creator of the literary production, hence does not pass to a second
person by the transference of the material thing, the book, and evidence
must be offered showing that the transference of the book carried with
it the author's consent to a conveyance of the privilege of copyright.
Public-domain text, read in full here on John Shaqi.
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