Section 4 is absurdly broad and indefinite and covers pastry or

other works of a cook. It should be amended by inserting the word

"literary" before the word "works," or by substituting the word

"writings," which is used in the Constitution and is the

preferable word to employ, or by inserting after the word "works"

the words "mentioned in section 5 hereof."

In section 5 paragraph (h) should be eliminated. This paragraph

was intended to cover perforated music sheets or talking-machine

records which are to be otherwise provided for. As to other

matters it may be said that if the reproductions referred to are

copies of things already copyrighted, they are infringements; if

not copies, they are works of art in themselves under paragraph

(g) of section 5.

On page 4 "The above specifications shall," in line 8 and line 9

and line 10, to and including the words "nor shall," should be

canceled, and in line 11, after "classification," insert the words

"shall not."

It is obvious that an unlimited subject-matter of copyright is

highly undesirable from the standpoint of the public.

In section 6, line 15, after "compilations," insert "or," and in

the same line strike out "or other versions." These words are

plainly unnecessary and are intended to have a capability of

elastic interpretation unduly favorable to the author and

prejudicial to the public.

In section 7, paragraph (b), the words "of a work" and the rest of

line 6 and lines 7, 8, and 9, to and including the word "text,"

should be canceled. If a work has fallen into the public domain,

even though subsequent to 1891, it would be retroactive to now

bring it within the copyright law and deprive the public of its

use.

Section 8, paragraph (a), in the interest of clearness should be

amended by striking out the words "or cotemporaneously" in line

21, and by inserting after line 22 "shall publish his work within

the limits of the United States cotemporaneously with its first

publication elsewhere; or."

Arguments before the Committee on Patents of the House of Representatives, conjointly with the Senate Committee on Patents, on H.R. 19853, to amend and consolidate the acts respecting copyright June 6, 7, 8, and 9, 1906. · 第 2 / 26 章