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 possible amendment of the copyright laws is a subject which my time
does not permit me to consider in detail, even were that deemed
desirable. The law now in force consists of the Act of July 8, 1870, as
edited to become title 60, chapter 3 of the Revised Statutes, and ten
amendatory acts passed subsequently. Naturally there is lacking the
consistency and homogeneousness of a single well-considered copyright
statute. It is possible that Congress will presently be willing to take
under consideration, if not the re-codification of the copyright laws,
then, at least, some amendment of them. An increase in the period of
protection has frequently been urged, with some advocacy of perpetual
copyright. As the Federal constitution, however, distinctly provides
that the protection granted the writings of an author is to be for a
_limited time_, an amendment of the constitution would be necessary
before Congress could enact perpetual copyright, and such alteration of
the fundamental law of the land is not probable.
Much might be said for an increase in the period of protection. It is
for a shorter term of years than that provided by most modern copyright
legislation, and the trend of such lawmaking has been in the direction
of an increase in the length of time during which the author or his
heirs could control the reproduction of his work. It should be borne in
mind that for books of little value the length of the term of protection
is of no great consequence. "Dead" books are not affected by the length
of the term of copyright. In the case also of popular new books, the
great sales and consequent disproportionate remuneration comes within a
short period of time after publication, and are not likely to continue
during a long term of copyright. On the other hand, many books of great
and permanent value not unfrequently make their way slowly into popular
favor, and are not fully appreciated until many years after publication.
For such books--the results, perhaps, of long years of study and
labor--an equitable return cannot be secured except by a long term of
protection.
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