Hi. Copyright rules from that period are outside of my expertise. (And
that of most people's, even in copyrightland. ;-) )
The big book of US copyright, which does cover some of this historical
stuff, is by Melville & David Nimmer- but you may have to hunt around
for it in a law school library.
http://bookstore.lexis.com/bookstore/product/10441.html
My understanding is that _articles_ weren't usually thought of as under
copyright back in those days. (MT rewrote his materials from the form
they had appeared in journals for book publication, yes?) Today we would
call them something more like "a work made for hire." I.e., I write it,
you pay me, and you publish it in the newspaper/journal. End of
transaction.
If that guess is close to right, then Daddy Grant or Bonner or somebody
_may_ have been trying to preserve what they hoped would turn into book
rights on their text.
DDD
________________________________
From: Arianne [mailto:[log in to unmask]]
Sent: Saturday, April 05, 2008 2:13 AM
To: David Davis; Mark Twain Forum
Subject: Re: FW: Copyright question
Many thanks, David. Does anyone have an opinion (or knowledge!) whether
there would
be any consequences if someone didn't reespect this primitive version of
the copyright?
What could Bonner have been trying to protect? Reproduction of the
article?
Dana co-authored a biography of Grant which drew from the articles for
information about
Grant's youth, apparently the only source available.
Wondering,
Arianne.
On Fri, Apr 4, 2008 at 2:43 PM, David Davis <[log in to unmask]>
wrote:
Hi. I did ask around, and it appears that, for that early date (the
Copyright Office was not taking registrations yet) an author could, in
effect, "timestamp" there work at a courthouse. It sounds like that is
what is happening there. Essentially, "Entered in the Clerk's Office"
was that era's equivalent of copyright registration.
Does that help?
DDD
On Wed, Apr 2, 2008 at 2:08 PM, David Davis <[log in to unmask]>
wrote:
Hi. I don't know, but I will ask around and let you know if I
find
anything out!
My understanding (which may be wrong) is that copyright was not
normally
accorded to articles appearing only in the newspapers in those
days.
What are the exact words around - "...registered with the
district..."
(Can you give me the whole sentence?)
DDD
________________________________
From: Arianne [mailto:[log in to unmask]]
Sent: Wednesday, April 02, 2008 4:51 PM
To: Mark Twain Forum
Subject: Copyright question
Dear Mr. Davis,
Do you, or does anyone have knowledge about the reality of
copyright
protection back in 1868?
Robert Bonner of The Ledger in New York commissioned Jesse Grant
to
write
articles about his son, Ulysses. At the bottom of the first
column he
recorded that
they'd been registered with a district something. Am I correct
in
assuming this
was an effort to copyright the articles? (He did not add that
protection to articles by Greely or H.W. Beecher.)
And if so, what would infringe upon the copyright? Would there
be
consequences?
Charles Dana of the SUN published the Ledger Grant articles in
his paper
BEFORE they appeared in the Ledger!
Would this have any legal implications in those days?
All this is significant to me in connection with an issue
involving
Twain.
THANKS for any opinions or help,
Arianne Laidlaw
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