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 is well to point out, perhaps, that these copyright proclamations are
not equivalent to copyright treaties, but are only notices that certain
conditions exist. Only in the case of one country, _viz._, Germany, has
anything been entered into approaching a convention or treaty. Under
date of Jan. 15, 1892, an "agreement" was signed with that country to
issue a proclamation extending copyright in the United States to German
subjects upon an assurance that "Citizens of the United States of
America shall enjoy, in the German Empire, the protection of copyright
as regards works of literature and art, as well as photographs, against
illegal reproduction, on the same basis on which such protection is
granted to subjects of the empire."
In order to obtain copyright abroad, therefore, an American citizen must
ascertain the requirements of the law of each country in which he
desires to protect his book or other production and comply explicitly
with such requirements. He can, of course, only avail himself of the
legal protection accorded, so far as it is within his power to thus
comply, and therein lies the difference between the privileges secured
under the present international-copyright arrangements, and such as
would be obtainable under copyright conventions or treaties. A citizen
of the United States may find himself unable to meet the obligations or
conditions of the statutes, just as a foreign author may find it
practically impossible to comply with the requirements of the United
States law, and in either case there would be a failure to secure the
protection desired. In the case of a photograph, for example, the
English law requires that the "author" of the photograph must be a
British subject or actually "resident within the Dominions of the
Crown," and the United States law requires that the two copies of the
photograph to be deposited in the Copyright Office "shall be printed
from _negatives made within the limits_ of the United States," two sets
of conditions difficult of fulfilment. By means of a copyright
convention exemption could be obtained in either case from these onerous
conditions.
6. _Conditions and formalities required by the copyright law._
Two steps are made prerequisites to valid copyright by the laws now in
force in the United States. The first of these is the recording of the
title in the Copyright Office. For this purpose the statute requires the
deposit of "a _printed_ copy" of the title-page, "on or before the day
of publication in this or any foreign country." For a number of years it
has been the practice of the Copyright Office to accept a typewritten
title in lieu of the _printed_ title-page, but in this, as with all
other requirements of the law regarding copyright, the preferable course
is a strict compliance with the letter as well as the spirit of the law.
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