The Washington weekly post. (Washington, D.C.) 1878-1916, 1899-08-29

/ both be classified as books" thus illus
| trating the scope and Importance of the
/ interpreta ton of the : ew IN this paTtic-
ular Each of the articles mentioned by
the law is thus susceptible of Il restrict
ed as well as a broad Interpretation,
which without explanatory enactments
can only be determined by decisions OF the
courts. Such decisions are, unfortunate
ly, comparatively rare.
Eligibility to Copyright.
In only one provision of the law Is there
found any indication as TO the interpreta-
ton. 1t is in section 1852, Revised Stat
utes which says: an the construction OF
this act the words engraving cut and
print shall be applied only to pictorial
Illustrations or works connected with the
fine arts, and no prints or labels designed
to be used for any other articles of manu-
factuTe shall be entered under the copy
right law, but may be registered in the
Patent Office" This paragraph, placed
in the statute for the express purpose of
constituting the act, is itself susceptible of
several interpretations. and has been the
subject of decisions. The contentious in
regard to it are something of this nature:
Is there comma understood after pie
torial Illustrations" In which case ALI
pictorial Illustrations as well as works of
the fine arts, would be included This
view could hardly be accepted for the
reason that the paragraph would then ex-
tend the nature and number of articles
included under the words cuts" prints"
and 'ensraYings." whereas the first line
Enthusiastically indicates, by the use of the
word only" that il is a restricting clause
Again, what is the meaning of the ex-
preston prints or labels designed 70 be
used for any other article of manufaet-
ure" That Congress did not intend the
word for 20 be read as II il were
upon Is view sustained by the deCis-
ion In the Mott case (s2 Federal Reporter,
p. 3l6), in which illustrations in a trade
catalogue, depicting merely goods in a
warehouse" were held not copyrightable
Such illustrations were regarded as being
used for articles OF manufacture within
the meaning OF the statute.
Law for the Librarian,
What authority the Librarian of Con-
gress or the Register of Copyrights would
have 10 reject aH application for an al
legged improper subject for copyright is a
point with which the law does not deal
II will be seen by one reading the entire
copyright Law that in every instance il
provides what the applicant shall do in
order 10 secure a copyright, and nowhere
is the Librarian OF Congress given au-
thority 10 reject title for registration or
copies for deposit. Yet il would be mani /
testify improper for the Librarian Of Con- /
sress to receive an article for copyright I
which. 10 the mind of the average man.
was not one Of those mentioned In the 4
law. In this position the Librarian was
sustained IN the ease Of Everson VS.. the
Librarian of Congress decided in the Su- 4
Dreme Court of the District OF Columbia I
N February, 1880. In which Everson 1
prayed for mandamus TO compel the Ii 4
1I arlan 20 Issue copyright certificate
vas refused, the court holding that as
blank books were clearly not subjects Tor
Copyright protection the Librarian hai
'ull right 10 reject for registration the
tile OF such.
In discussing the question of Copyright
ability IL must be borne in mind that COPY
rights IN this country depend upon the
constitutional provision referred to in the
opening sentence OF his article. There
ore only those subjects which are both
Included under the general terms used In
his provision and are specified in the law
IRE eligible 20 copyright. any act OF Con
sress 20 the contrary Notwithstanding
| ne rule Is indeed clear. but the difficulty
irises In determining the question OF its
DUPLICATION "a particular case.
The increasing Importance OF the suh
ect OF copyright may be fairly deter
mined by the growth Of the business OF
hat department. In 1871 there were ~ al
.ntries, while In 1886 the nurnEsr was
ISIS The correspondence received nv
he copyright Office Is very large. ayerag-
ng over 700 letters each week In the
anne period approximately eleven hundred
.opies o. copyrighted articles are received
or deposit in the Congressional Library.