Copyright: Its History and Its Law

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Bowker Richard Rogers. Copyright: Its History and Its Law

FOREWORD

CONSPECTUS OF COPYRIGHT BY COUNTRIES

COPYRIGHT. ITS HISTORY AND ITS LAW

I. THE NATURE AND ORIGIN OF COPYRIGHT

II. THE EARLY HISTORY OF COPYRIGHT

III. THE DEVELOPMENT OF STATUTORY COPYRIGHT IN ENGLAND

IV. THE HISTORY OF COPYRIGHT IN THE UNITED STATES

V. SCOPE OF COPYRIGHT: RIGHTS AND EXTENT

VI. SUBJECT-MATTER OF COPYRIGHT: WHAT MAY BE COPYRIGHTED

VII. OWNERSHIP OF COPYRIGHT: WHO MAY SECURE COPYRIGHT

VIII. DURATION OF COPYRIGHT: TERM AND RENEWAL

IX. FORMALITIES OF COPYRIGHT: PUBLICATION, NOTICE, REGISTRATION AND DEPOSIT

X. THE AMERICAN MANUFACTURING PROVISIONS

XI. DRAMATIC AND MUSICAL COPYRIGHT, INCLUDING PLAYRIGHT

XII. MECHANICAL MUSIC PROVISIONS

XIII. ARTISTIC COPYRIGHT

XIV. INFRINGEMENT OF COPYRIGHT: PIRACY, "FAIR USE" AND "UNFAIR COMPETITION"

XV. REMEDIES AND PROCEDURE

XVI. IMPORTATION OF COPYRIGHTED WORKS

XVII. COPYRIGHT OFFICE: METHODS AND PRACTICE

XVIII. INTERNATIONAL COPYRIGHT CONVENTIONS AND ARRANGEMENTS

XIX. THE INTERNATIONAL COPYRIGHT MOVEMENT IN AMERICA

XX. COPYRIGHT THROUGHOUT THE BRITISH EMPIRE

XXI. COPYRIGHT IN OTHER COUNTRIES

XXII. BUSINESS RELATIONS OF COPYRIGHT: AUTHOR AND PUBLISHER

XXIII. THE LITERATURE OF COPYRIGHT

APPENDIXES

I. UNITED STATES OF AMERICA: COPYRIGHT PROVISIONS

1. UNITED STATES COPYRIGHT CODE OF 1909

2. PRESIDENT'S PROCLAMATIONS

3. UNITED STATES SUPREME COURT RULES

4. UNITED STATES COPYRIGHT OFFICE. REGULATIONS

5. U. S. TREASURY AND POST OFFICE REGULATIONS

II. BRITISH EMPIRE: COPYRIGHT PROVISIONS

6. BRITISH COPYRIGHT ACT, 1911

6a. FINE ARTS COPYRIGHT ACT, 1862

6b. MUSICAL (SUMMARY PROCEEDINGS) COPYRIGHT ACT, 1902

6c. MUSICAL COPYRIGHT ACT, 1906

7. CANADIAN COPYRIGHT MEASURE, 1911

8. AUSTRALIAN COPYRIGHT ACT, 1905

III. INTERNATIONAL COPYRIGHT UNION: CONVENTIONS

9. BERNE CONVENTION, 1886, with Paris amendments, 1896, in italics [omissions bracketed]

10. BERLIN CONVENTION, 1908,

IV. PAN AMERICAN UNION: CONVENTIONS

11. MONTEVIDEO CONVENTION, 1889

12. MEXICO CITY CONVENTION, 1902

13. RIO DE JANEIRO CONVENTION, 1906

14. BUENOS AIRES CONVENTION, 1910

CHRONOLOGICAL TABLE OF LAWS AND CASES, ENGLISH AND AMERICAN

Отрывок из книги

The American copyright code of 1909, comprehensively replacing all previous laws, a gratifying advance in legislation despite its serious restrictions and minor defects, places American copyright practice on a new basis. The new British code, brought before Parliament in 1910, and finally adopted in December, 1911, to be effective July 1, 1912, marks a like forward step for the British Empire, enabling the mother country and its colonies to participate in the Berlin convention. Among the self-governing Dominions made free to accept the British code or legislate independently, Australia had already adopted in 1905 a complete new code, and Canada is following its example in the measure proposed in 1911, which will probably be conformed to the new British code for passage in 1912. Portugal has already in 1911 joined the family of nations by adherence to the Berlin convention, Russia has shaped and Holland is shaping domestic legislation to the same end, and even China in 1910 decreed copyright protection throughout its vast empire of ancient and reviving letters. The Berlin convention of 1908 strengthened and broadened the bond of the International Copyright Union, and the Buenos Aires convention of 1910, which the United States has already ratified, made a new basis for copyright protection throughout the Pan American Union, both freeing authors from formalities beyond those required in the country of origin. Thus the American dream of 1838 of "a universal republic of letters whose foundation shall be one just law" is well on the way toward realization.

In this new stage of copyright development, a comprehensive work on copyright seemed desirable, especially with reference to the new American code. Neither Eaton S. Drone nor George Haven Putnam were disposed to enter upon the task, which has therefore fallen to the present writer. He hopes that his participation for the last twenty-five years in copyright development, – during which, as editor of the Publishers' Weekly and of the Library Journal, he has had occasion to keep watch of copyright progress, and as vice-president of the American (Authors) Copyright League, he has taken part in the copyright conferences and hearings and in the drafting of the new code, – will serve to make the present volume of use to his fellow members of the Authors Club and to like craftsmen, as well as to publishers and others, and aid in clarifying relations and preventing the waste and cost of litigation among the coördinating factors in the making of books and other forms of intellectual property.

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The Scribners sought to accomplish the same purpose as to their copyright books by printing in their catalogues, invoices and bills of goods the following notice: "Copyrighted net books published after May 1, 1901, and copyrighted fiction published after February 1, 1902, are sold on condition that prices be maintained as provided by the regulations of the American Publishers' Association."

New dealers were required by the American Publishers' Association, in consideration of a discount allowed by the publisher in question, to enter into an agreement as indicated, but this agreement Macy & Co. refused to accept and they bought books as best they could and sold them at "cut rates," thus inducing dealers from whom the purchases were made to violate the agreement with the publishers.

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