iRESS. (8wpUBWO!i or LOTTEBY TiArric.) 



That la the ease of anjMMh infHafMMOt by a new- 

 1 the tout MUD to be recovered 



infrinmd 



If of all the JbNfQinc penalty hall 

 Urn pcoprlHof* of the copyright aiiJUic other 

 i tfia IM* of the t'nlloii Htetas. 



t,A^*wr, In throve of any ^ 



.:. ....... .--..: .-..; n i m inj 



. . : ...,...-.'. > .' ' T. x.l.-l 

 . .... -,.,-.. -.'- 



metttt *!! h* DOlW 



r*r*M /***">, In cai* of any MU-)I in- 

 rijrht ofa ps DI ng, drawing, 



raviiur. etcfctaf , print, or model, or dwlgn 

 ofta*ru,ororpb<HofTmph'M) 

 tin* art*. the nun to be recovered in HI. v 

 .vbionsof Uib Metioi. 

 not be IM than $*0 and not more than $10,000." 



Mr. Covert, of New York, said in explanation 



, ,f ; :,, ;,. SjOm ; 



- Mr. Speaker, the objects and purposes of this 

 measure may be very concisely stat.-d. It i- in- 

 tended to reroedv a gross r\ il which has grown 

 up umli T the existing statute. i in- provisions of 

 which have brought about result* which I am 

 vonrsure were not contemplated when t In 

 rignt law was enacted some years ago. 'Hie 

 onlefest injury inflicted in the enforcement <>f 

 the statute as 'it stands has been and is suffered 

 by the newspaper press of every section of the 

 country. Under conditions as tin -y exist to-day, 



if any newspaper shall, through .\T-iu'lit or 

 otherwise, mibli-h in its columns anv copyrighted 

 photograph. th. n. wspaper mav be m'ade not 

 only to forfeit the plates of such copy, but the 

 sum of $1 for every copy in its possession. 



"And just here comes in 'the ununtiripated 

 wrong and injury inflicted upon the newspaper 

 prets under t he exist ing law. 1 call latt. -ntum to 

 the phraseology of the statute establishing penal- 

 ties for 'copies found in possession/ Without 

 question the intention was to have th 

 apply solelv to lithographic prints HIM! toother 

 prints of that character whi-n- the issue or pro- 

 duction was comparatively limited. The courts, 

 however, have placed their own const ruction 

 upon tin-* provision of the statute. Ti,.-y have 

 h Id that newspapers are liable to th. penalty 

 named, limit. .1 only in extent by the (imitation 

 reached by them : that is to say, that the phrase- 

 ology. 'copies found in pOOMMOoV im-nns the 

 copies of the newspapers printed and circulated. 



"I hi\e no critici-m to mak- . Mr. ^i .. aker, 

 upon this construct ion of the statute. I am in- 

 oftsjod to believe that it -,- the only oottftmotioa 

 that can properly be given to jt. Hut it is here 

 that the wrong comes in. and it is the purpose 

 of thi* measure to remedy the wrong bv a modi- 

 fication of th< extreme penalties established. I 

 may mll in thi connection that the courts hare 

 further held that 

 even 



er held that the penalties may be exacted 

 when the fact that the icture has been 



an very readily be seen how, under con- 

 ditions like these, it is more than hazanlous for 

 a newspaper to produce illustrations as a part of 

 newsartide* r. T :.'ty events. It is 



the freshness, the early publication of illustrated 

 news articles, which give them value and impor- 

 tance. It matters little how conscientious a 



newspaper publisher may be, or how careful may 



IK- lu> meiliixl.s in ih. Time i> the es- 



sence of the iiialt.-r 111 hi> ease. In tin- hutn of 

 the preparation ami piil>lienli<>n <.f an illu- 



article \i"l.m<.n- of the -xi>tinj; statute 

 may be made by the . I ami reputable 



of publishers, Penaltiefl aggrcpitini;. under the 

 eotislruetion <,f th,' | mentioned. 



.in h more than was contemplate. I 

 the present law was enacted may be sued for and 

 recove 



"Any number of i may be cited in 



support of this Matement. One of tin 

 stances may siiiliee as an illustration and an ob- 

 jeet lesson. One of the leading metropolitan 

 journals, through an oversight mi the j 

 one of its employees, printed a jiieture of a pleas- 

 ure yacht from a copyrighted photograph, tin 

 regular price of \\hieh. including the license to 

 print, was only $1. Suit has been brought and 

 is now pending to recover from the pr'.j,ri.-t..rs 

 of the newspaper $817.<Kx>, the penalties 



ing upon the total number of the editin>of the 

 paper in which the picture appeared. Nothing 

 need be added, it seems to me, to establish the 

 existence of the wrong here sought to be cor- 

 rooted 



"The measure now before the House makes 

 no change in the existing law except to moder- 

 ate the rigor of its penalties. The pur; 

 not by any means to free infrinp-rs of copyright 

 from substantial and proper penalties for* their 

 wrongful acts. It provides that in case of any 

 infringement of the copyright of a photograph 

 made from any object not a work of the fine 

 arts, the sum to be recovered in any acti<>; 

 be not less than $100 nor more than $5,(M" 

 the case of a painting, statue, print, or design 

 for a work of the line arts, or an infrini. 

 of the copyright of a work of the line arts, tin- 

 penalty shall be not less than $250 and not more 

 than $10,000. 



I U-g to say, in conclusion, Mr. Speaker, that 

 this measure has the stn.n^ indorsement of t he- 

 American Publisher- tion, which car- 

 n. -tly asks its enactment. The Amcricai, 

 right League and the Authors' Association join 

 in the concession that the modification I have 

 outlined should be made, and this amendment 

 meets their entire approval. 



"With the .-ibsolute assurance that this meas- 

 ure is in every way u con 

 modification of" the existing statute. I earnestly 

 ask that it may be enacted into law." 



The Senate passed the measure on the same 

 day and it was approved by the Preside nt. 



xnppr, ion of Lotterj Tnifllc. March 1. 

 1885, the House of I [ended 



the rule- and passed, with amendment >. t! 

 M for the suppression of lottery 

 through national and int. > and 



the postal s jeot to the jurisdiction and 



laws of the t'nited States: 



fif it ff !.o .-hall oai 



to be hmuirht within the I nited Mat > irom ul.r 

 ' '. of disposing ftl.- ;<-po8 



in r carried by the mail* <! the lnitl S< 

 Carrie* I fr"i -her in tin- l'nit 



any pnp-r. eertifie:tte. or instrument jiurj^trt 

 (<r representing a ticket, ej , 



:..-mlent upon the event of u lottery, no-call 

 jrift coneert. "r -irnilur enterprise, offering pr 



