Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-05-23
CANNOT BE DONE.
The State Not to Print copyrighted
Books for individuals.

Books Tor Individuals.
Some time ago s. P Maslin, Secretary of
the State Board of Examiners, compiled
book entitled 1.-THE Wards of the State"
and took it to the State Printer to be pub
lished. He requested that he be allowed
to copyright the book and the fact printed
in it. The State Printer said he had doubts
as to whether such thing would be
proper, and did not want to do it until the
Attorney-G General had expressed his opin.
ion. Accordingly Mr.. Maslin addressed
the following letter to Attorney. General
Johnson:
MR. MAsLIN's REQUEST
Attorney General Joltnson-DEAR SIR: The copy
right of q small book entitled, ''The Wards OF
OF California relating to the support of orphans,
aged persons, etc., decisions OF the Supreme
Court constituting the meaning of such, tables,
statistical, etc: }, belongs to me.
In my otncial position as Secretary of the
State Board of Examiners, / am often asked,
what the law is on this or that point in relation
TO orphans and other wards of the State, and
for that reason wish to have printed for gra.
tuitous distribution among those people who
have charge of asylums, and those who are in
terested in the support and care of orphans and
indigents by the State Board of Examiners an
edition of 500 copies
This is in the form of gift. present to the
State Board OF Examiners the right to print SEQ
copies OF the book, the copyright of which re-
sides in me. The State Printer has some doubts
as to whether he can print copyrighted book
! as the copyright makes the book the private
property of the person 10 whom it is issued, and
wishes your opinion upon that point. / can see
no grounds for an objection, for the permission
give TO the Board of Examiners makes the edi-
ton OF 5O0 copies public or State property, in
which have no interest whatsoever, though
the copyright still belongs to me. The page
bearing the copyright imprint will also bear
the words: Published by the authority of the
state Board of Examiners, with the permission
OF the author"
An early reply will greatly oblige me.
THE ATTORNEY GENERALS RESPONSE.
In reply, the Attorney, General supports
the State Printers views, and says,
Replying to yours Of the 5th inst, have to
say that Section 3Si of the Political Code states
what must be printed and in Section 526, under
the head of Duties of the Superintendent of
State Printing, 1t is stated that it is his duty to
print reports of State officers and subdivision
OF this section recognizes his duty to print 'all
printing required by any of the State Depart
ments, Boards or any state Office, for the State y
etc.
Where the copyright resides, not in the State
but in an individual, the work is not State prop
erty, except sub modo to the extent of the gift,
| but the whole thing must be State property.
Suppose the State should wish to print an indeti
mite number of copies hereafter, this could not
| be done under the proposed arrangement, and
yet it could be done in respect TO all the public
printing. Thus, you see, a precedent might be
established which could be appealed to here
| after, whenever any author of work should de-
sire to bring it into notice, by the official action
or imprimateur of the state. / do not think that
such printing is within the range of the duties OF
the State Printer, and we, as executive officers
cannot enlarge his duties. Personally, regre,
| that have to come to a conclusion against you.