The Washington herald., 1916-05-04
PUBLISHERS At
ODDS in HEARING
Representatives Of Leading
Houses Oppose Attack on
Good VIII Rights.
G. H. PUTNAM SPOKESMAN
c. 7. Brainard, Treasurer Of Harper &
Bros, Asks House Committee to
Protect Creative Work.

A hearing over good will' almost end
ed in blows before the House Patents
Committee yesterday morning, when rep
resentativss Of the most prominent pub
fishing houses in the country appeared
TO oppose a bill vacating superior rights
in a book after the expiration of
copyright or the renewal thereof.
The bill seeks to do away with
right now recognized by common law as
belonging to the publisher Of book
Of reference, which needs must be con-
stantly re-edited and added in order to
retain its value, to retain superior rights
20 the title used, thus captalizing the
good will and aCcumuiative advertising
value which the work has been given
through the labOrs Of the publisher in
keeping it up-to-date.
George Haven Putnam, president Of G.
P. Putnam's & Sons, made the princt-
pal argument for the older and estab-
Ished publishers with regulations for
original or creative work. J. S. Ogilvie,
q publisher Of several editions of die
tonaries based on the Noah Webster
compilation. urged the enactment of the
bill. In the course of Mr.. Ogilvte's tes-
timony, the committee and several wit
uesses became involved in a review of
q long series Of Htigations in connection
with Mr.. Ogilvie's efforts to publish
Noah webster dictionary without inform
ing the public that his house was not
the original publisher of the Webster
dictionary nor the successor thereto.
c. T. BraInard Opposes Bill.
c. T Brainard, treasurer OF Harper &
Brothers. called attention of the COM
mittee to the fact that the Webster con-
trOversy, which Mr.. Putnam had refused
to discuss, was only one case in point,
and that publishers that are putting out
original works Of references and backing
such works with their long established
regulations, were united against the bill,
which is favored principally by publishing
firms whose business is largely, if not
entirely. concerned in republishing after
the expiration Of copyrights, works of
reference upon which other authors or
publishers have done all the work and for
the advertising of which other firms have
paid.
Mr.. Brainard declared that the big pub
fishing houses which do the creative or
original work on books of reference.
houses like Lippincotts, Appleton's. Dodd
& Meade, Harper & Brothers, HoughtOn
& Mifflin, Funk & Wagnals, and Little
&, Brown, in putting out original works
not only place behind them the reputa-
tion and standing of their firms, and in
order to keep up that standard. expend
large sums in keeping the works up to
date. but also make the initial expendi-
lures for advertising which give the
represented, not in the subject matter,
but in the title Of such books as Bart
let's Familiar Quotations. "Crabb's
SynOnymes, "PUtnam's Tabular Views
Of Universal History" "Cushing's Man
Ual Of Procedure Roberts Rules of
Order" and similar works, and this
value. given them by the original pub
fishing house, constitutes the good will
which the common law recognizes as
the property Of the publisher even after
the expiration OF the copyright.
The contention Of these houses is that
those concerns favOring the bill are seek
Ing an opportunity to capitalize the work
and business reputation of other firms
without letting the buying public know
that it is not receiving the work of the
hrm which originally made the reference
work A thing of value
Original Publishers Ask Protection.
Mr.. Putnam said in part:
Insofar as this bill forbids the at
tempt to control beyond the term of copv-
night the matter which has been the sub
iect Of copyright, it constitutes. Of course.
pure surplusages to the existing statute.
No attempt has ever been made by
publishers, or by anybody else. to secure
an extension Of the exclusive control
or the material In other publica tions
beyond the term allowed BY the law A
term which is quite sufficient . it stands.
YOU Will understand that the material
belonging to the earlier editions Of con-
tinuinE works Of reference that is to
say Of books which, in order to keen
them useful must from time to time be
revised, reshaped and added to. has no
commercial value. There would be no
advantage in its republication either by
the original publisher or by any ap-
proPriating publisher. The only purpose,
therefore, Of securing the privilege of
utilizing the title that was first con-
nected with such material is to secure the
advantage Of the reputation not only of
the original issue of the work, but of
the latest issues. the material in which
10 stiH protected by copyright and of
this title, connected with material pos
sibly entirely different in character is
connected with work of assured reputa-
ton.
I emphasize with you. gentlemen. the
RbsUrdity Of confusing copyright law
with any superfluous phrases I ask
further that you will not undertake
through the form OF an amendment
(which is not germane to copyrighO to
undermine or to assail the policy of the
courts as expressed in a long series of
decisions which are increasingly and con-
sistently in favor of protecting the good
will. and Of heading OF unfair competi-
ton. and in so doing Of securing justice
for the producers and of encouraging the !
investment OF labor and money in articles
Of continuing and increasing value for
the community.