per annum for services rendered on Sundays and holidays in connection with the lading or unlading of vessels under the act of February 13, 1911, and also invite attention to the provisions of the act of June 30, 1906 (T. D. 27467), which provides that annual compensation of officers and employees of the Government "shall be divided into twelve equal installments, one of which shall be the pay for each calendar month; and in making payments for a fractional part of a month one-thirtieth of one of such installments shall be the daily rate of pay." In order to avoid complicated computations you are hereby authorized to compute the extra compensation to be paid to officers and employees receiving a compensation per annum, upon the same basis, and said paragraph 3 of T. D. 31684 is hereby amended to read as follows: Officers and employees receiving compensation per annum will be paid one and one-half times one three-hundred-and-sixtieth of their regular annual salary for each day's work, or part thereof, performed during regular working hours on Sundays or holidays in connection with the lading or unlading of cargo under said act. Respectfully, COLLECTOR OF CUSTOMS, New York. JAMES F. CURTIS, (T. D. 31753.) Infant's socks. Infant's socks looped or knitted at the junction of the heel and sole dutiable under paragraph 328, tariff act of 1909. TREASURY DEPARTMENT, July 15, 1911. SIR: The department is in receipt of a report from the confidential agent at Berlin relative to an investigation made by him in regard to the method of manufacture of infant's socks commercially known as "cut," which develops the fact that while the larger quantity of these socks is dutiable under paragraph 327 of the tariff act at the rate of 30 per cent ad valorem, one kind, sample inclosed, which is shipped from Burkhardtsdorf and Chemnitz, Germany, consists of so-called infant's cut hose made on flat machines. These socks are distinguished from the ordinary so-called cut hose by being looped or knitted at the junction of the heel and sole, and, in the opinion of the department, are properly dutiable under paragraph 328 of the tariff act, and you are accordingly directed, 30 days from the date hereof, to assess duty upon infant's socks of the character represented by the sample submitted under paragraph 328, leaving to the importers, if dissatisfied, their remedy by protest. Samples of these socks are on file in the offices of the collectors of customs at New York, Boston, Baltimore, Philadelphia, Chicago, and St. Louis, and collectors who have not samples are directed to forward samples of cut hose to one of the collectors named, where they are in doubt as to the proper classification of such merchandise. JAMES F. CURTIS, Assistant Secretary. Respectfully, COLLECTOR OF CUSTOMS, Philadelphia, Pa. (T. D. 31754.) Copyright. Law and regulations governing the importation of copyrighted articles. TREASURY DEPARTMENT, July 17, 1911. Collectors and other officers of the customs: The following sections of the copyright law, approved March 4, 1909, effective July 1, 1909, together with the regulations made in pursuance thereof, are published for the information and guidance of customs officers and others concerned: SEC. 15. That of the printed book or periodical specified in section five, subsections (a) and (b) of this Act, except the original text of a book of foreign origin in a language or languages other than English, the text of all copies accorded protection under this Act, except as below provided, shall be printed from type set within the limits of the United States, either by hand or by the aid of any kind of typesetting machine, or from plates made within the limits of the United States from type set therein, or, if the text be produced by lithographic process, or photo-engraving process, then, by a process wholly performed within the limits of the United States, and the printing of the text and binding of the said book shall be performed within the limits of the United States; which requirements shall extend also to the illustrations within a book consisting of printed text and illustrations produced by lithographic process, or photo-engraving process, and also to separate lithographs or photo-engravings, except where in either case the subjects represented are located in a foreign country and illustrate a scientific work or reproduce a work of art; but they shall not apply to works in raised characters for the use of the blind, or to books of foreign origin in a language or languages other than English, or to books published abroad in the English language seeking ad interim protection under this Act. SEC. 30. That the importation into the United States of any article bearing a false notice of copyright when there is no existing copyright thereon in the United States, or of any piratical copies of any work copyrighted in the United States, is prohibited. SEC. 31. That during the existence of the American copyright in any book the importation into the United States of any piratical copies thereof or of any copies thereof (although authorized by the author or proprietor) which have not been produced in accordance with the manufacturing provisions specified in section fifteen of this Act, or any plates of the same not made from type set within the limits of the United States, or any copies thereof produced by lithographic or photo-engraving process not performed within the limits of the United States, in accordance with the provisions of section fifteen of this Act, shall be, and is hereby, prohibited: Provided, however, That, except as regards piratical copies, such prohibition shall not apply: (a) To works in raised characters for the use of the blind; (b) To a foreign newspaper or magazine, although containing matter copyrighted in the United States printed or reprinted by authority of the copyright proprietor, unless such newspaper or magazine contains also copyright matter printed or reprinted without such authorization; (c) To the authorized edition of a book in a foreign language or languages of which only a translation into English has been copyrighted in this country; (d) To any book published abroad with the authorization of the author or copyright proprietor when imported under the circumstances stated in one of the four subdivisions following, that is to say: First. When imported, not more than one copy at one time, for individual use and not for sale; but such privilege of importation shall not extend to a foreign reprint of a book by an American author copyrighted in the United States; Second. When imported by the authority or for the use of the United States; Third. When imported, for use and not for sale, not more than one copy of any such book in any one invoice, in good faith, by or for any society or institution incorporated for educational, literary, philosophical, scientific, or religious purposes, or for the encouragement of the fine arts, or for any college, academy, school, or seminary of learning, or for any State, school, college, university, or free public library in the United States; Fourth. When such books form parts of libraries or collections purchased en bloc for the use of societies, institutions, or libraries designated in the foregoing paragraph, or form parts of the libraries or personal baggage belonging to persons or families arriving from foreign countries and are not intended for sale: Provided, That copies imported as above may not lawfully be used in any way to violate the rights of the proprietor of the American copyright or annul or limit the copyright protection secured by this Act, and such unlawful use shall be deemed an infringement of copyright. SEC. 32. That any and all articles prohibited importation by this Act which are brought into the United States from any foreign country (except in the mails) shall be seized and forfeited by like proceedings as those provided by law for the seizure and condemnation of property imported into the United States in violation of the customs revenue laws. Such articles when forfeited shall be destroyed in such manner as the Secretary of the Treasury or the court, as the case may be, shall direct: - Provided, however, That all copies of authorized editions of copyright books imported in the mails or otherwise in violation of the provisions of this Act may be exported and returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury, in a written application, that such importation does not involve willful negligence or fraud. SEC. 33. That the Secretary of the Treasury and the Postmaster-General are hereby empowered and required to make and enforce such joint rules and regulations as shall prevent the importation into the United States in the mails of articles prohibited importation by this Act, and may require notice to be given to the Treasury Department or Post-Office Department, as the case may be, by copyright proprietors or injured parties, of the actual or contemplated importation of articles prohibited importation by this Act, and which infringe the rights of such copyright proprietors or injured parties. SEC. 18. That the notice of copyright required by section nine of this Act shall consist either. of the word "Copyright" or the abbreviation "Copr.", accompanied by the name of the copyright proprietor, and if the work be a printed literary, musical, or dramatic work, the notice shall include also the year in which the copyright was secured by publication. In the case of copies of maps, works of art, mod els or designs for works of art, reproductions of a work of art, drawings or plastic works of a scientific of technical character, photographs, prints and pictorial illustrations, the notice may consist of the letter C enclosed within a circle, thus, accompanied by the initials, monogram, mark, or symbol of the copyright proprietor: Provided, That on some accessible portion of such copies or of the margin, back, permanent base, or pedestal, or of the substance on which such copies shall be mounted, his name shall appear. Works in which copyright is subsisting when this Act shall go into effect may be either in one of the forms prescribed herein or in one of those prescribed by the Act of June 18, 1874. The register of copyrights is required by this act to print at periodic intervals a catalogue of the titles of articles deposited and registered for copyright, which printed catalogues, as they are issued, will be distributed to the collectors of customs of the United States and to the postmasters of all exchange offices of receipt of foreign mails. REGULATIONS. Under the copyright act the following articles are prohibited importation: 1. Piratical copies of any work copyrighted in the United States. By the term "piratical" is meant the printing, reprinting, publishing, copying, or reproducing without authority of the copyright proprietor of any article legally copyrighted and on which the copyright is still in force. 2. Articles bearing a false notice of copyright when there is no existing copyright thereon in the United States. 3. Authorized foreign reprints of books by an American author copyrighted in the United States. 4. Authorized copies of any book copyrighted in the United States not produced in accordance with the manufacturing provisions of section 15 of the copyright act, except such as are exempted in the said section 15 and section 31 of the act. All books on which there is an existing copyright in the United States are prohibited importation unless produced in accordance with the manufacturing provision of section 15, whether copyrighted under this act or previous acts. (Opinion of the Attorney General, T. D. 30136, Nov. 24, 1909.) Copyrighted books produced in accordance with the manufacturing provisions of section 16 of the copyright act, when exported and rebound abroad may be admitted to entry on their return to the United States. (Opinion of the Attorney General, T. D. 30414.) As copyrighted books are required to be printed and bound in the United States, evidence should be required on entry that such books were exported in a bound condition and not as loose sheets, and that the printing and binding were both performed within the limits of the United States. Imported articles found to bear a false notice of copyright will be detained and forfeiture proceedings instituted as provided in Schedule 32. If satisfactory evidence is not produced to the collector that such imported books were produced in accordance with the manufacturing provisions of section 15, or are exempt therefrom, the books will be seized and forfeiture proceedings instituted as provided in section 32. Forfeiture proceedings instituted under the copyright act will be conducted in the same manner as in case of merchandise seized for violation of the customs laws, section 32, supra. (Arts. 1266 to 1269, Customs Regulations, 1908.) Authorized editions of copyright books imported through the mails or otherwise in violation of the copyright act may, under customs supervision, be returned to the country of exportation whenever it is shown in a written application to the satisfaction of the Secretary of the Treasury that such importation was not due to willful negligence or fraud. (Sec. 32, supra.) In any case in which a customs officer is in doubt as to whether an article is prohibited importation under the copyright act the articles should be detained and the facts reported to the department for instruction. FRANKLIN MACVEAGH, Secretary. JOINT REGULATIONS Governing treatment of letters and packages received in the mails from foreign countries containing or supposed to contain articles prohibited importation by the copyright act of March 4, 1909. The "Joint regulations governing the treatment of dutiable and supposed dutiable articles received in the mails from foreign countries" are also applicable in the treatment of articles which contain or which are supposed to contain matter prohibited importation by the copyright act, except as hereinafter modified: Unsealed correspondence and packages (registered and unregistered) of all kinds which upon examination prove to contain articles prohibited importation by the copyright act shall be retained by customs officers, who will notify the addressee of the facts of the case. If an application is not made within a reasonable time to the Secretary of the Treasury for permission to return such articles to the country of export, the customs officers shall take appropriate steps to forfeit the articles as provided in section 32 of the copyright act. Sealed articles supposed to contain matter prohibited importation by the copyright act must be appropriately marked to indicate that fact at the exchange office of receipt. The same conditions shall apply in regard to the marking, opening, and disposition of such sealed articles by the addressee or authorized agent as are required in the case of the opening and treatment of sealed "Supposed liable to customs duty" |