Australasia otherwise, 395 — British India, 395 - South Africa, 396 — West coast colonies, 397 — Mediterranean islands, 397. - - - - - 398-429 France, 398 Belgium, 400 - Luxemburg, 400-Holland, 401 402 - Austria-Hungary, 405 - Switzerland, 406– Scandinavian countries, - Russia, 409 — Finland, 409 - Spain, 410 - Portugal, 411 Italy, 412 - San Marino, 413 - Monaco, 413-Greece, 414- Montenegro, 414 — Balkan states, 414 — Turkey, 415 — Japan, 415 — Korea, 416 — China, 417 — Siam, 417 - Asia otherwise, 418- Tunis, etc., 418 — Egypt, 418 — Liberia, 419- states, 421 - Interstate and international relations, 422- Panama, 423 — Haiti, 424 Dominican Republic, 424- West Indian colonies, Argentina, 425 · Paraguay and Uruguay, 426 - Chile, Peru, 427 — Bolivia, 427 — Ecuador, 428 — Colombia, 429 — Venezuela, XXII. BUSINESS Relations of COPYRIGHT: AUTHOR AND PUBLISHER 430-452 Copyrights in business relations, 430 — German publishing law of 1901, 430 The publisher as merchant, 434 · “Outright” transfer, 434 — “Joint adven- ture," 435 Risk and profit, 435-Long price and "net" price, 436- Equities, 436- The literary agent, 436 — Usual American contract, 437 - - Pub- lishers' obligations, 437 Reversion of contract, 438 Scope of contract, 438 -Other works of author, 439 · Standard contract, 439 Serial rights, 439- Republication of periodical articles, 440 Foreign markets, 440 Contract to Contract not to write, 441 - Implied obligations, 442 tract personal and mutual, 442 - Author's transfer to other publishers, 445 Proprietary name, 445 Copies remaining unsold, 446 - Renewal term, 447 License not assignment, 447 — Author's and publisher's profits, 447 — The pub- lisher's share, 448- Author's editions," 449 - Printer's lien, 449 — Compul- sory license system, 449 — License payments, 450 Saving through single pub- Bibliographical materials, 453 butions, 454 - Later American pamphleteers, 454 — American treatises, 455 — Copyright Office publications, 455 - Labor report, 456 — English contributions about 1840, 456 Later English contributions, 457 English legal treatises, 457 Birrell's lectures, 458 — MacGillivray's works, 458 — English special and digests, 460 - French works, 460 - German works, 460 - Italian works, 461 Spanish compendium, 461 — International compilations, 462. -- I. UNITED STATES OF AMERICA: COPYRIGHT PROVISIONS 1. United States Copyright Code of 1909, 465. 2. President's Proclamations, 489. 3. United States Supreme Court Rules, 491. 4. United States Copyright Office Regulations, 495. III. INTERNATIONAL COPYRIGHT UNION: CONVENTIONS 9. Berne-Paris Conventions, 1886, 1896, 603. 10. Berlin Convention, 1908, 603. IV. PAN AMERICAN UNION: CONVENTIONS 11. Montevideo Convention, 1889, 633. 12. Mexico City Convention, 1902, 637. 13. Rio de Janeiro Convention, 1906, 642. COPYRIGHT ITS HISTORY AND ITS LAW I THE NATURE AND ORIGIN OF COPYRIGHT COPYRIGHT (from the Latin copia, plenty) means, in Copyright, general, the right to copy, to make plenty. In its meaning specific application it means the right to multiply copies of those products of the human brain known as literature and art. There is another legal sense of the word "copyright" much emphasized by several English justices. Through the low Latin use of the word copia, our word "copy" has a secondary and reversed meaning, as the pattern to be copied or made plenty, in which sense the schoolboy copies from the "copy" set in his copy-book, and the modern printer calls for the author's "copy." Copyright, accordingly, may also mean the right Its two in copy made (whether the original work or a dupli- senses cation of it), as well as the right to make copies, which by no means goes with the work or any duplicate of it. Said Lord St. Leonards in the case of Jefferys v. Boosey in 1854: "When we are talking of the right of an author we must distinguish between the mere right to his manuscript, and to any copy which he may choose to make of it, as his property, just like any other personal chattel, and the right to multiply copies to the exclusion of every other person. Nothing can be more distinct than these two Blackstone things. The common law does give a man who has composed a work a right to that composition, just as he has a right to any other part of his personal property; but the question of the right of excluding all the world from copying, and of himself claiming the exclusive right of forever copying his own composition after he has published it to the world, is a totally different thing." Baron Parke, in the same case, pointed out expressly these two different legal senses of the word copyright, the right in copy, a right of possession, always fully protected by the common law, and the right to copy, a right of multiplication, which alone has been the subject of special statutory protection. Blackstone in his Commentaries of 1767, in which the word copyright seems to have been first used, lays down the fundamental principles of copyright as follows: "When a man, by the exertion of his rational powers, has produced an original work, he seems to have clearly a right to dispose of that identical work as he pleases, and any attempt to vary the disposition he has made of it appears to be an invasion of that right. Now the identity of a literary composition consists entirely in the sentiment and the language; the same conceptions, clothed in the same words, must necessarily be the same composition; and whatever method be taken of exhibiting that composition to the ear or the eye of another, by recital, by writing, or by printing, in any number of copies, or at any period of time, it is always the identical work of the author which is so exhibited; and no other man (it hath been thought) can have a right to exhibit it, especially for profit, without the author's consent. This consent may, perhaps, be tacitly given to all mankind, when an author suffers his work to be published by another hand, without any claim or reserve |