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Debates And Passage Of Copyright Revision Bill On Floors Of House And Senate, United States Congress

Legislative History – Copyright Act of 1909

CONGRESSIONAL RECORD.                        3779
SIXTIETH CONGRESS, SECOND SESSION
Vol. 43                                                           no . 67.
WASHINGTON, TUESDAY, MARCH 2, 1909.

COPYRIGHT LAWS.

Mr. CURRIER. Mr. Speaker, I move to suspend the rules, discharge the Committee of the Whole House on the state of the Union from the further consideration of the bill H. R. 28192, agree to the amendments proposed by the committee, and pass the bill.

The SPEAKER. The gentleman from New Hampshire moves to suspend the rules, discharge the Committee of the Whole House on the state of the Union from the further consideration of the bill, agree to the amendments …

Miscellaneous Copyright Bills And Act Of 1909, United States Congress

Legislative History – Copyright Act of 1909

60th CONGRESS, 1st Session.

H.R. 243.

IN THE HOUSE OF REPRESENTATIVES.
December 2, 1907.

Mr. Currier introduced the following bill; which was referred to the Committee on Patents and ordered to be printed.

A BILL
To amend and consolidate the Acts respecting copyright.

—————

60th CONGRESS, 1st Session.

S. 2499.

IN THE SENATE OF THE UNITED STATES.  December 16, 1907.

Mr. Smoot introduced the following bill; which was read twice and referred to the Committee on Patents.

A BILL
To amend and consolidate the Acts respecting copyright.

—————

60th CONGRESS, 1st Session.

S. 2900.

IN THE SENATE OF THE UNITED …

Hearings Before The Copyright Subcommittees Of The Committees On Patents, January 20, 1909, United States Congress

Legislative History – Copyright Act of 1909

MR. STEUART: Mr. Chairman and gentlemen of the committee, the immediate subject to which I have been asked to address myself to-day is a clause contained in the fourth section of the proposed Washburn bill, which is in these words: “That subject to the limitations and conditions of this act copyright secured hereunder shall be entitled to all the rights and remedies which would be accorded to any other species of property at common law.”

The Laws Of Jamaica, 1908, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1908

Published by authority

Characteristics And Constitutionality Of Medical Legislation, Harry B. Hutchins

Articles

Right to practice medicine regulated by statute.--In the absence of a statute upon the subject, any person is at liberty to practice medicine or surgery or both. This is the common law. And yet in the absence of a statute the physician necessarily assumes certain responsibilities that grow out of his relation to those whom he treats. He is bound to bring to the discharge of his duties the learning, skill and diligence usually possessed and exercised by physicians similarly situated. In other words, while in the absence of statutory regulation, the door of the profession is open to all, …

Combination Among Physicians To Fix Prices For Professional Services, Harry B. Hutchins

Articles

The case of Rohlf v. Kasemeer et al., decided by the Supreme Court of Iowa, November 18, 1908, and reported in 118 N. W. Rep., p. 276, although primarily upon the construction of a local statute, involves a question of general interest. The plaintiff therein, who is a physician, together with thirteen others of the same profession, all residing and practicing in the same county, entered into an agreement, combination or understanding, the terms of which are not given, but the object of which was to fix and maintain the fees and charges to be exacted for medical and surgical …

Some Miscellaneous Amendments To S. 6330 And Hr 19853 Proposed To The Copyright Office, United States Congress

Legislative History – Copyright Act of 1909

Wording revisions proposed by a variety of commenters on S.6330 and H.R.19853,

Limited Partnership In America And England, Francis M. Burdick

Michigan Law Review

At last Great Britain has legalized Limited Partnership. More than a quarter of a century ago, Sir Frederick Pollock called attention to the fact that the United Kingdom was almost the only civilized country of the world which had not adopted this institution. The remark was made in an address devoted to an explanation of a bill, which he had drafted, to cover the entire subject of partnership. Long before this, the economical advantages of limited partnership had been set forth by John Stuart Mill and other writers; and repeated attempts had been made to secure a statute legalizing this …

Hearings Before The (Joint) Committees On Patents, March 26-28, 1908, United States Congress

Legislative History – Copyright Act of 1909

THE CHAIRMAN: I should like to say to those who are interested in this proposed legislation that while no definite programme has been mapped out, there has been discussed and tentatively agreed to a plan of procedure We will take one of the bills for instance, Senate bill 2499 and we should like to have the parties who are interested in the different sections of the bill and have objections to that bill to make their objections known, and we will take up the sections so designated for consideration. All the other sections of the bill to which there may …

Labor Organizations In Legislation, Jerome C. Knowlton

Articles

During the first months of the current year, the Supreme Court of the United States handed down three decisions on important questions in labor legislation.1 The Employers' Liability Act was declared unconstitutional, but on grounds that may be avoided by subsequent legislation; the boycott was decided to be an unlawful conspiracy against interstate commerce, and in violation of the Anti-Trust Act and the congressional enactment providing criminal punishment for the discharge of an employee because of his membership in a labor organization was also held unconstitutional. These decisions have been unjustly spoken of by some, as unreasonably severe on labor …

Police Regulation Of Sleeping Car Berths, Edson R. Sunderland

Articles

From the time of the introduction of the sleeping car there has been a constant feud between the sleeping car companies and the travelling public in regard to the upper berths. The exigencies of the situation have, of course, made economy of space a prime requisite in sleeping car construction, and there is no doubt but that a high degree of success in this respect has attended the efforts of the sleeping car builders.

Note And Comment, Harry B. Hutchins, Frank B. Fox, Frank P. Helsell, Burns A. Henry, Clyde Dewitt

Michigan Law Review

Liability of Carriers for Injuries Arising from Failure to Have Waiting Rooms Properly Heated; Special Assessments and Railroad Rights of Way; State and Federal Regulation Rates; Duty Toward Trespassing Children Where a Dangerous Article is Left in the Street; Collateral Attack on Injunctional Orders;

The Constitutionality Of Federal Legislation Concerning Employer And Employee Engaged In Interstate And Foreign Commerce, Carl V. Wisner

Michigan Law Review

To what extent does the relation of employer and employee, when engaged in interstate or foreign commerce, come within the regulating power of Congress? The power of Congress to legislate concerning employer and employee, where the service is rendered in interstate or foreign commerce, has been recently questioned in several important Federal decisions. The ground on which such legislation has been challenged is that it is an attempt by Congress to regulate what is not commerce, that "creating new liabilities growing out of the relations of master and servant on the one hand and regulating commerce on the other are …

H. R. Report 7083, Pt. 2, March 2, 1907 (Minority Report) 59th Cong. 2d Session, United States Congress

Legislative History – Copyright Act of 1909

We disagree with a portion of the majority report submitted by the Committee on Patents on House bill 25133, reported on January 30, 1907.

The bill is a redraft of House bill 19853, which was introduced in this House on May 31, 1906. In its original form the bill had a provision (subdivision g, section 1) securing to musical composers the exclusive right to reproduce their compositions by mechanical means, such as perforated rolls and disk or cylinder records.

The greater part of the time given by the committee to public hearings on this bill was taken up by the …

S. Report 6187, Ft. 2, February 7, 1907 (Minority Report) 59th Cong. 2d Session, United States Congress

Legislative History – Copyright Act of 1909

We are opposed to certain portions of the majority report submitted by the Senate Committee on Patents on Senate bill No. 6330, and reported on January 29,1907, as Senate bill No. 8190.

The original bill was introduced in the Senate and House of Representatives on May 31, 1906, being Senate bill No. 6330 and House bill No. 19853.

It was immediately referred to the Patent Committees of the Senate and House, and it was arranged that the committees should hold joint public hearings on the bill, commencing June 6, 1906. At these hearings in June a great deal of opposition …

S. Report 6187, February 5, 1907, With S. 8190 Attached. 59th Cong. 2d Session, United States Congress

Legislative History – Copyright Act of 1909

The Committee on Patents, to whom was referred the bill (S. 8190) to consolidate and revise the acts respecting copyrights, recommend that said bill do pass.

H. R. Report 7083, January 30, 1907 With Hr25133 Attached. 59th Cong. 2d Session, United States Congress

Legislative History – Copyright Act of 1909

The Committee .on Patents, to whom was referred House bill 25133, respectfully report that they have had the same under consideration and recommend that it do pass.

Memorandum Dated January 22, 1907 In Support Of Copyright Office Substitute For Section 18 Of The Bill, United States Congress

Legislative History – Copyright Act of 1909

THE COPYRIGHT TERM:

Memorandum Accompanying Substitute Suggested by Copyright Office for Section 18 of the Bill

A. The provision ought at least- —
(1) to assure io the author provision for his old age;
(2) to assure to the community the benefit of his own revision of his works as long as he lives, (only a complete control, of them will do this;)
(3) to enable him to provide for his children until they reach the age where they are likely to be self-supporting, or, if daughters, married;
B. (In the effort to meet the above needs) the provision ought …

The Laws Of Jamaica, 1907, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1907

Published by authority

Founding Of The College Of Law Of The Ohio State University, Horace Lafayette Wilgus

Articles

It is proper for me to say, in the beginning, that I have been delegated to bear, and I have the honor to present to the College of Law of the Ohio State University, upon this occasion the sincere congratulations and most hearty good wishes of the largest University Law School in the United States--the Department of Law of the University of Michigan. In addition to this, it is with much satisfaction, and is a very great personal pleasure, that I have the privilege of joining in the festivities of this dedication of the beautiful Temple of Themis, wherein the …

The Standard Oil Fine, Horace Lafayette Wilgus

Articles

August 3, 1907, Judge Landis, in the United States District Court, for the Northern District of Illinois, sentenced the Standard Oil Co. to pay the largest fine ever inflicted upon any offender.1 The suit was an indictment on 1,903 counts for violations of the Elkins Rebate Law in receiving concessions on the movement of 1,903 cars of oil from Whiting, Indiana, to East St. Louis, Illinois, and from Chappell, Illinois, to St. Louis, Missouri, during the eighteen months between September I, 1903, and March 1, 1905. Four hundred and forty-one counts were withdrawn as not necessarily involved in this case. …

Revision Of The Laws Of The United States, Everett P. Wheeler

Michigan Law Review

June 22, 1874, President Grant put his signature to a great quarto volume which we know as the United States Revised Statutes. This has since been amended, and many additions have been made to the general laws of the United States which have not been incorporated in the Revised Statutes. These are scattered through the Statutes at Large, mingled with many temporary provisions. To convert this chaos into order, Congress in 1897 created a Commission to revise the Criminal and Penal Laws of the United States. In 1899 the duties of this Commission were extended to a revision of the …

Hearings Before The (Joint) Committees On Patents, December 7-11, 1906, United States Congress

Legislative History – Copyright Act of 1909

Text of S. 6330 and H.R. 19853

Page 116-7

STATEMENT OF MR. SAMUEL L. CLEMENS:

Necessarily I am interested particularly and especially in the part of the bill which concerns my trade. I like that bill, and I like that extension from the present limit of copyright life of forty-two years to the author's life and fifty years after. I think that will satisfy any reasonable author, because it will take care of his children. … I should like to have you encourage oyster culture and anything else. I have no illiberal feeling toward the bill. I like it. I …

Constitutional And Legislative Limitations Of The Home Rule Charter In Minnesota, Charles P. Hall

Michigan Law Review

I regret exceedingly that I am not able, in the scope of these observations, to include all the states of the American Union, where the home-rule charters have been permitted as a method of city government; but unfortunately my vision has not passed beyond the horizon of my own state, and the workings of the home­rule system in other states must be left as a subject for future study and comparison. With pardonable pride, however, it may be said that the State of Minnesota, while she has erred with her sister commonwealths in experimental over-legislation, has nevertheless recently placed upon …

Hearings Before The (Joint) Committees On Patents, June 6-9, 1906, United States Congress

Legislative History – Copyright Act of 1909

S. 6330 Proposed Text

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the copyright secured by this Act shall include the sole and exclusive right:

(a) For the purposes set forth in subsection (b) hereof, to make.any copy of any work or part thereof the subject of copyright under the provisions of this Act, or to abridge, adapt, or translate into another language or dialect any such work, or make any other version thereof;

(b) To sell, distribute, exhibit, or let for hire, or offer or keep for …

Supreme Court And Unconstitutional Acts Of Congress, Edwin S. Corwin

Michigan Law Review

The power of the Supreme Court of the United States to supervise Congressional legislation has been so generally assumed in the recent discussions, both in and out of Congress, of the proposed Rate Bill, and is indeed so apparently settled today that it becomes of interest to inquire into the intention of the Constitutional Fathers in this matter. Did the Fathers intend that the federal judiciary should have the right to declare an act of Congress of no effect because transgressing constitutional limits? It does not detract from the interest of this question that two recent authorities who attempt to …

Initial Revision Bills Of 1906, S. 6330 And Hr 19853, Compared With Copyright Law In Force In December, 1904, United States Congress

Legislative History – Copyright Act of 1909

PREFATORY NOTE

The official text of the copyright bill, presented to Congress on May 31, 1906, is reprinted in the following pages. Each separate section of the bill (in large type) is followed by the text of such parallel provisions as are found in the copyright laws now in force. These are supplemented by occasional notes referring to and quoting the earlier copyright statutes, and such other enactments as serve to elucidate either the present statutory provisions or the proposed legislation. All the provisions of the copyright laws in force are included, and it is hoped that this compilation may …

Arguments Before The Committee On Patents, May 3, 1906, United States Congress

Legislative History – Copyright Act of 1909

Mr. Chairman and gentlemen of the committee, during the last hundred years and more the inventors of the country have been liberally dealt with by the lawmakers, and the result is to-day no country m the world stands higher in everything in the line of mechanical and industrial development than the United States does, and I think you gentlemen who have this matter of patents in charge may justly take pride in yourselves that your committee in the past has done such magnificent work for the wealth, the prosperity, and the reputation, and the ability of the United States at …

Arguments Before The Committee On Patents, May 2, 1906, United States Congress

Legislative History – Copyright Act of 1909

CHAIRMAN. The bill seeks to amend section 4966 of the Revised Statutes, which in the original text is as follows:

Any person publicly performing or representing any dramatic composition for which a copyright has been obtained, without the consent of the proprietor thereof, or his heirs or assigns, shall be liable for damages therefor, such damages in all cases to be assessed at such sum, not less than one hundred dollars· for the first and fifty dollars for every subsequent performance, as to the court shall appear to be just.

On January 6, 1897, section 4966 was amended to read …

Letter Of April 17, 1906 From Register Of Copyrights Concerning Importation Clause Of Proposed Copyright Bill, United States Congress

Legislative History – Copyright Act of 1909

The enclosed copy of the importation clauses of the proposed Copyright bill, is sent to each member of the American Library Association at the request of the Executive Board and of Messrs. Hill and Bostwick, delegates of the Association at the recent conferences on Copyright.

The passages embraced in marginal lines are those supposed to be of particular concern to libraries.