Page:Copyright, Its History And Its Law (1912).djvu/140

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108
COPYRIGHT

United States, by proclamation made from time to time, as the purposes of this Act may require."

Earlier
provisions
Earlier The Revised Statutes formerly extended copyright provisions to "a citizen of the United States or resident therein or his widow or children," and the act of 1891 provided for a quasi international copyright on a basis similar to that in subsection (b), cited above, of the law of 1909, i.e. on a basis of reciprocity. The new American code practically adopts the features both of the Revised Statutes and the act of 1891, though with verbal and substantial differences. The word "domiciled" is new in the law and has yet to be construed in a copyright case, but it is presumably the equivalent of "resident." The new Rules and Regulations of the Copyright Office use the phrase "(2) a resident alien domiciled in the United States at the time of the first publication of his work."

ResidenceA resident, under the American decisions, is a person who intends to reside permanently in this country. It is decided by the intention of the resident. A person who is residing here without intention of permanence probably cannot maintain copyright under this clause. For English copyright, on the contrary, a person temporarily residing in His Majesty's dominions has been considered a resident." The United States" would doubtless be construed to include territories and dependencies, as specific jurisdiction is given (sec. 34) to stated courts in Alaska, Hawaii the Philippine Islands and Porto Rico, in addition to the general decisions of the U. S. Supreme Court.

Under the statute of Anne the English courts differed persistently on the question whether a non-resident foreigner could obtain British copyright by first publication within the British dominions, until in 1854, in the ultimate case of Jefferys v. Boosey, the House of Lords, after consulting the judges, of whom