Mr. CURRIER. Suppose in the case you have referred to you began to publish this book without any knowledge that it was protected by copyright? Could you not go right on and publish and sell that book?
Mr. OGILVIE. The courts have enjoined me.
Mr. CURRIER. If this law is passed, could you not do that? Let me read it. (Reading:)
"It's omission"--that is, notice of copyright--"by inadvertence from a particular copy or copies, though preventing recourse against an innocent infringer without notice."
You are an innocent infringer; you can go right along and dispose of the books. That is your case; that is your defense in any proceeding against you for selling these books.
Mr. CURRIER. But it does not invalidate the copyright as against all others, nor prevent recovery for an infringement against any person who, after actual notification of the copyright, begins an undertaking to infringe it.
Mr. OGILVIE. Well, will you tell me what this means--"shall not invalidate the copyright?"
Mr. CURRIER. Why, the copyright exists as against everybody but you in that edition of the book.
Mr. OGILVIE. Very well, if that is the case.
Mr. CURRIER. But if this bill passes, you would have a right to go on and complete the edition of the book and sell it.
Mr. OGILVIE. If that is the construction that the courts give it, very well.
Mr. CURRIER. There can not be any doubt about the construction. It is only the man who, after actual notice that the copyright exists, begins an undertaking to infringe it who is affected.
Mr. OGILVIE. I read that section very carefully, and I see the point that you raise; but I could not----
Mr. CURRIER. I think this gives you full protection.
Mr. OGILVIE. I could not get over the statement, however, that it did not invalidate the copyright.
Mr. CURRIER. But it does not invalidate the copyright.
Mr. OGILVIE. As applied to everybody else?
Mr. CURRIER. To anybody who has notice before he begins.
Mr. OGILVIE. Very well. Now, then, with regard to the insertion of notice, to get back to the subject, I consider that the insertion of the notice is essential. If we are ashamed of the United States, if we must cater to England, and France, and Germany, and other nations by the elimination of a notice that indicates the origin of our books, why do we desire to protect their authors?