dramatic composition of the story, while the first dramatic assignee would have no right to make another dramatization. Harper & Bros. v. Kalem Co. (1909) 169 Fed. 61, 94 C. C. A. 429, decree affirmed Kalem Co. v. Harper Bros. (1911) 32 Sup. Ct. 20, 222 U. S. 55, 56 L. Ed. 92, Ann. Cas. 1913A, 1285. A sale by the author of a story to a magazine and delivery of the manuscript, and the acceptance of money "in full payment for story" without any further agreement, was an absolute sale without reservation, carrying with it the exclusive right to dramatize the story when copyrighted under this section as formerly enacted. Dam v. Kirk La Shelle Co. (1910) 175 Fed. 902, 99 C. C. A. 392, 20 Ann. Cas. 1173, affirming decree Same v. Kirke La Shelle Co. (C. C. 1908) 166 Fed. 589. A nonresident alien author cannot, by assignment of his work to a resident of the United States, give the latter a right therein subject to the protection of the copyright act. Keene v. Wheatley (C. C. 1861) Fed. Cas. No. 7,644. Arrangement of an opera score with the consent of the nonresident foreign composers, which was transferred to a fellow citizen, and by him copyrighted, is not an evasion or violation of law, and the assignee of the copyright, acting as agent of the original composers, was entitled to the protection of the court against infringers. Carte v. Evans (C. C. 1886) 27 Fed. 861. The rights of an assignee of a copyright are limited to the rights originally obtained by the filing of the copyright, the assignee being bound as the original author by failure to follow the statutory requirements, or through a publication of such a portion of the work as may require a repetition of the statutory notice if the material is not to be released. West Pub. Co. v. Edward Thompson Co. (C. C. 1909) 169 Fed. 833, decree modified (1910) 176 Fed. 833, 100 C. C. A. 303. a story Where complainant wrote which was published in a copyrighted newspaper, (the publishers of which later assigned their rights under the copyright to complainant, his rights as against an alleged infringer were limited Davies v. to those of his assignor. Bowes (D. C. 1913) 209 Fed. 53. An assignment of a part of the rights protected by a copyright, as of the right of serial publication, operates merely as a license, and does not carry the right to sue for infringement given to the New Fiction "copyright proprietor." Pub. Co. v. Star Co. (D. C. 1915) 220 Fed. 994. Where a composer vests by valid contract in a musical publisher the exclusive publishing rights to all his works, neither he nor an assignee with notice may sue the publisher for infringement. T. B. Harms & Francis, Day & Hunter v. Stern (D. C. 1915) 222 Fed. 581. Recording. See notes under § 9565, post. Licenses. The copyright law does not prohibit a licensee of the owner of a copyright for books from selling the same in unbound sheets, nor can the rights of a purchaser of such sheets with respect to binding and reselling the same be affected by any private agreement between the licensee and owner. Kipling v. G. P. Putnam's Sons (1903) 120 Fed. 631, 57 C. C. A. 295, 65 L. R. A. 873. Putting a copyrighted book on the market and selling it does not constitute a license to the purchaser to use and sell the same, which the publisher is entitled to restrict by a notice brought to the attention of the purchaser that the sale of the book at retail for less than the price fixed by the publisher shall be considered an infringement of the copyright. Bobbs-Merrill Co. v. Straus (C. C. 1905) 139 Fed. 155, decree affirmed (1906) 147 Fed. 15, 77 C. C. A. 607, 15 L. R. A. (N. S.) 766, which is affirmed (1908) 28 Sup. Ct. 722, 210 U. S. 339, 52 L. Ed. 1086. License agreement for use of copyrighted musical composition in manufacture of sound records does not permit licensee to distribute on separate sheets the words of the composition. F. A. Mills, Inc., v. Standard Music Roll Co. (D. C. 1915) 223 Fed. 849. A licensee of the right to use a play for a specific purpose cannot confer on a printer and publisher of the play the power to copyright it, and a copyright so attempted to be taken out is invalid. Koppel v. Downing (1897) 11 App. D. C. 93. A license given by one joint owner of a copyrighted musical play to reproduce the scenes in moving pictures is not a physical destruction of the property, amounting to a conversion, which the joint owner can restrain. Herbert v. Fields (Sup. 1915) 152 N. Y. Supp. 487. An assignment of a copyright as to a particular territory amounts to nothing more than a license to sell within that territory. Davis V. Vories (1897) 141 Mo. 234, 42 S. W. 707. Contracts relating to copyrights.Where an artist contracts away his copyright in a painting, and there is no evidence that he intends to retain any further interest, it will be deemed a complete transfer of the property right of copyright in the painting, and not a mere license or personal privilege. American Tobacco Co. v. Werckmeister (1907) 28 Sup. Ct. 72, 76, 207 U. S. 284, 52 L. Ed. 208, 12 Ann. Cas. 595, affirming judgment (1906) 146 Fed. 375, 76 C. C. A. 647. A contract in respect to copyright between publisher and author will be construed liberally in favor of the author. Pierpont v. Fowle (C. C. 1846) Fed. Cas. No. 11,152. Where an author gave to a publisher the right to publish and sell the work upon a royalty basis, he has no right to print an edition for himself, and take out a copyright, so long as the publisher complies with his contract. Pulte v. Derby (C. C. 1852) Fed. Cas. No. 11,465. An author who renews the copyright for his own benefit cannot sue for infringement one who originally published the work under an agreement with him that he should have the copyright forever. Paige v. Banks (C. C. 1870) Fed. Cas. No. 10,671. Where by contract defendant agreed to print and publish certain copyrighted books, owned jointly by plaintiff and F., and contribute $2,000 as further capital, to be returned at the termination of the contract, plaintiff was bound to return the $2,000 to defendant, though the latter had acquired F.'s rights under the copyright, and had equal rights with plaintiff to publish it, and was receiving the benefit of the extra capital. Holt v. Silver (1897) 48 N. E. 837, 169 Mass. 435. Contracts for sale or use of copyrighted works.-An agreement between publishers and booksellers to maintain retail prices on copyrighted books presents a claim of federal right which is necessarily denied when the highest state court affirms a judgment below in favor of defendant, so as to sustain the appellate jurisdiction of the federal Supreme Court, under section 1214, ante, governing writs of error to a state court. Straus v. American Publishers' Ass'n (1913) 34 Sup. Ct. 84, 231 U. S. 222, 58 L. Ed. 192, L. R. A. 1915A, 1099, Ann. Cas. 1915A, 369. A contract by which a foreign author of a dramatic composition granted the stage rights in the United States to another, and agreed to copyright the play in this country, did not convey the author's right of copyright. Saake v. Lederer (1909) 174 Fed. 135, 98 C. C. A. 571, reversing judgment Lederer v. Saake (C. C. 1909) 166 Fed. 810. The law governing contracts in the sale of copyrights being like the law which obtains in any case of contract, the minds of the parties must meet in a definite understanding of all the elements. Hubbard v. Thompson (C. C. 1885) 25 Fed. 188, decree reversed (1889) 9 Sup. Ct. 710, 131 U. S. 123, 33 L. Ed. 76. Notice in a copyrighted book restricting the purchaser's title did not, without communication to the purchaser, become a part of the contract of sale so as to bind the purchaser with its provisions. Authors & Newspapers Ass'n v. O'Gorman Co. (C. C. 1906) 147 Fed. 616. Under this section it is not necessary that an author should himself have taken out a copyright of his book in order to preserve the right of dramatizing it, but it is sufficient if a copyright has been secured by any one having the right to obtain it, and the author may reserve the right of dramatization while selling the right to publish the book to another, who, as proprietor, may copyright it in his own name. Ford v. Charles E. Blaney Amusement Co. (C. C. 1906) 148 Fed. 642. The sale of the sole right of printing and publishing a novellette, reserving all rights of dramatization probably implies a sale of the copyright, although a mere contract authorizing the publication of a story in a magazine does not. Id. A contract granting the stage right to produce the play in the United States does not vest the licensee with the right to sue in his own name for penalties for infringement. Lederer v. Saake (C. C. 1909) 166 Fed. 810, judgment reversed Saake v. Lederer (1909) 174 Fed. 135, 98 C. C. A. 571. A contract that "plainly bound copies" should not be sold below a certain price means that the cheapest edition shall not be sold below such price, and prevents better books being sold for less. Murphy v. Christian Press Ass'n Pub. Co. (1899) 56 N. Y. Supp. 597, 38 App. Div. 426. Where the owner of the copyright of a book sells a set of the plates and the right to publish the book from such set, an agreement that the book shall not be sold at less than a certain price is binding on one who thereafter buys the copyright and other plates. Id. As regards copyrighted books, an agreement between publishers and others to maintain fixed retail prices thereof, no retailer cutting prices to be allowed to handle them, is not subject to a state statute against monopolies and restraint of trade. Straus v. American Publishers' Ass'n (1908) 86 N. E. 525, 193 N. Y. 496, affirming judgment (1908) 111 N. Y. Supp. 830, 127 App. Div. 935. That the licensee of the right to perform certain musical compositions had given no performances for profit, did not relieve him from his liability for the agreed monthly compensation. Maxwell v. Faust Co. (1915) 154 N. Y. Supp. 224, 90 Misc. Rep. 702. Right to injunction.-See notes under § 9546, ante. Cited without definite application, Ager v. Murray (1881) 105 U. S. 126, 128, 26 L. Ed. 942; Empire City Amusement Co. v. Wilton (C. C. 1903) 134 Fed. 132. § 9564. (Act March 4, 1909, c. 320, § 43.) Assignments executed in foreign country; acknowledgment and certificate thereof. Every assignment of copyright executed in a foreign country shall be acknowledged by the assignor before a consular officer or secretary of legation of the United States authorized by law to administer oaths or perform notarial acts. The certificate of such acknowledgment under the hand and official seal of such consular officer or secretary of legation shall be prima facie evidence of the execution of the instrument. (35 Stat. 1084.) See notes to section 1 of this act, ante, § 9517. § 9565. (Act March 4, 1909, c. 320, § 44.) Recording assignments. Every assignment of copyright shall be recorded in the copyright office within three calendar months after its execution in the United States or within six calendar months after its execution without the limits of the United States, in default of which it shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, whose assignment has been duly recorded. (35 Stat. 1084.) See notes to section 1 of this act, ante, § 9517. Notes of Decisions Record of assignments.-A formal transfer of a copyright by the act is required to be proved and recorded as deeds for the conveyance of land, and such record operates as notice. Little v. Hall (1855) 18 How. 165, 171, 15 L. Ed. 328. Assignment of moving picture rights in copyrighted novel, not recorded pursuant to this section, held void as to subsequent assignee. Photo-Drama Motion Picture Co. v. Social Uplift Film Corporation (C. C. A. 1915) 220 Fed. 448, affirming order (D. C. 1914) 213 Fed. 374. The owner of the dramatic and motion picture rights in a copyrighted book may sell and assign the two separately, and notice to a purchaser of the motion picture rights alone that his assignor had previously sold the dramatic rights does not charge him with notice of an unrecorded assignment conveying both. Photo Drama Motion Picture Co. v. Social Uplift Film Corporation (D. C. 1914) 213 Fed. 374. An instrument purporting to convey the dramatic and motion picture rights in a copyrighted book, to be valid as against a subsequent purchaser without notice, must have been recorded in the copyright office. Id. The recording of an assignment of a copyright as provided for by this section, is not necessary to the protection of the rights of the assignee against an infringer. New Fiction Pub. Co. v. Star Co. (D. C. 1915) 220 Fed. 994. § 9566. (Act March 4, 1909, c. 320, § 45.) Certificate of record of assignment. The register of copyrights shall, upon payment of the prescribed fee, record such assignment, and shall return it to the sender with a certificate of record attached under seal of the copyright office, and upon the payment of the fee prescribed by this Act he shall furnish to any person requesting the same a certified copy thereof under the said seal. (35 Stat. 1085.) See notes to section 1 of this act, ante, § 9517. § 9567. (Act March 4, 1909, c. 320, § 46.) Use of name of assignee in notice of copyright. When an assignment of the copyright in a specified book or other work has been recorded the assignee may substitute his name for that of the assignor in the statutory notice of copyright prescribed by this Act. (35 Stat. 1085.) See notes to section 1 of this act, ante, § 9517. § 9568. (Act March 4, 1909, c. 320, § 47.) Copyright Office; preservation therein of records, etc. All records and other things relating to copyrights required by law to be preserved shall be kept and preserved in the copyright office, Library of Congress, District of Columbia, and shall be under the control of the register of copyrights, who shall, under the direction and supervision of the Librarian of Congress, perform all the duties relating to the registration of copyrights. (35 Stat. 1085.) See notes to section 1 of this act, ante, § 9517. § 9569. (Act March 4, 1909, c. 320, § 48.) Register of Copyrights; appointment; salary; assistant register; subordinate assistants. There shall be appointed by the Librarian of Congress a register of copyrights, at a salary of four thousand dollars per annum, and one assistant register of copyrights, at a salary of three thousand dollars per annum, who shall have authority during the absence of the register of copyrights to attach the copyright office seal to all papers issued from the said office and to sign such certificates and other papers as may be necessary. There shall also be appointed by the Librarian such subordinate assistants to the register as may from time to time be authorized by law. (35 Stat. 1085.) See notes to section 1 of this act, ante, § 9517. § 9570. (Act March 4, 1909, c. 320, § 49.) Deposit by Register of Copyrights of moneys received as copyright fees; reports thereof. The register of copyrights shall make daily deposits in some bank in the District of Columbia, designated for this purpose by the Secretary of the Treasury as a national depository, of all moneys received to be applied as copyright fees, and shall make weekly deposits with the Secretary of the Treasury, in such manner as the latter shall direct, of all copyright fees actually applied under the provisions of this Act, and annual deposits of sums received which it has not been possible to apply as copyright fees or to return to the remitters, and shall also make monthly reports to the Secretary of the Treasury and to the Librarian of Congress of the applied copyright fees for each calendar month, together with a statement of all remittances received, trust funds on hand, moneys refunded, and unapplied balances. (35 Stat. 1085.) See notes to section 1 of this act, ante, § 9517. § 9571. (Act March 4, 1909, c. 320, § 50.) Bond of Register of Copyrights. The register of copyrights shall give bond to the United States in the sum of twenty thousand dollars, in form to be approved by the Solicitor of the Treasury and with sureties satisfactory to the Secretary of the Treasury, for the faithful discharge of his duties. (35 Stat. 1085.) See notes to section 1 of this act, ante, § 9517. R. S. § 4950, which provided that the Librarian should give a bond in the sum of $5,000, conditioned to render to the proper officers a true account of moneys received by virtue of his office, was superseded by Act Feb. 19, 1897, c. 265, § 1, ante, § 131. § 9572. (Act March 4, 1909, c. 320, § 51.) Annual report of Register of Copyrights. The register of copyrights shall make an annual report to the Librarian of Congress, to be printed in the annual report on the Library of Congress, of all copyright business for the previous fiscal year, including the number and kind of works which have been deposited in the copyright office during the fiscal year, under the provisions of this Act. (35 Stat. 1085.) See notes to section 1 of this act, ante, § 9517. § 9573. (Act March 4, 1909, c. 320, § 52.) Seal of Copyright Office. The seal provided under the Act of July eighth, eighteen hundred and seventy, and at present used in the copyright office, shall continue to be the seal thereof, and by it all papers issued from the copyright office requiring authentication shall be authenticated. (35 Stat. 1085.) See notes to section 1 of this act, ante, § 9517. Act July 8, 1870, c. 230, § 85, mentioned in this section, which provided for a seal for the office of the Librarian of Congress, was incorporated into the Revised Statutes as section 4949 thereof, which was superseded by this act. § 9574. (Act March 4, 1909, c. 320, § 53.) Rules for registration of claims to copyright. Subject to the approval of the Librarian of Congress, the register of copyrights shall be authorized to make rules and regulations for the registration of claims to copyright as provided by this Act. (35 Stat. 1085.) See notes to section 1 of this act, ante, § 9517. § 9575. (Act March 4, 1909, c. 320, § 54.) Record books in Copyright Office. The register of copyrights shall provide and keep such record. books in the copyright office as are required to carry out the provisions of this Act, and whenever deposit has been made in the copyright office of a copy of any work under the provisions of this Act he shall make entry thereof. (35 Stat. 1086.) See notes to section 1 of this act, ante, § 9517. Notes of Entries. An entry, according to the usual custom of the office business, in the office of the clerk of the district court, showing the deposit, to obtain copyright under Act Feb. 3, 1831, of a copyright work, was in the absence of any proof to the contrary, sufficient Decisions evidence of such deposit, although such entry was not required by express statute or order of court, but by direction of his superior officers, and the rules and practice of the office. Daly v. Webster (1892) 56 Fed. 483, 4 C. C. A. 10. § 9576. (Act March 4, 1909, c. 320, § 55, as amended, Act March 2, 1913, c. 97.) Certificate of registration; effect as evidence; receipt for copies of work deposited. In the case of each entry the person recorded as the claimant of the copyright shall be entitled to a certificate of registration under seal of the copyright office, to contain the name and address of said claimant, the name of the country of which the author of the work is a citizen or subject, and when an alien author domiciled in the United States at the time of said registration, then a statement of that fact, including his place of domicile, the name of the author (when the records of the copyright office shall show the same), the title of the work which is registered for which copyright is claimed, the date of the deposit of the copies of such work, the date of publication if the work has been reproduced in copies. for sale, or publicly distributed, and such marks as to class designation and entry number as shall fully identify the entry. In the case of a book, the certificate shall also state the receipt of the affidavit, as provided by section sixteen of this Act, and the date of the completion of the printing, or the date of the publication of the book, as stated in the said affidavit. The register of copyrights shall prepare a printed form for the said certificate, to be filled out in each case as above provided for in the case of all registrations made after this Act goes into effect, and in the case of all previous registrations so far as the copyright office record books shall show such facts, which certificate, sealed with the seal of the copyright office, shall, upon payment of the prescribed fee, be given to any person making application for the same. Said certificate shall be admitted in any court as prima facie evidence of the facts stated therein. In addition to such certificate the register of copyrights shall furnish, upon request, without additional fee, a receipt for the copies of the work deposited to complete the registration. (35 Stat. 1086. 37 Stat. 724.) See notes to section 1 of this act, ante, § 9517. This section, as originally enacted, was as follows: "In the case of each entry the person recorded as the claimant of the copyright shall be entitled to a certificate of registration under seal of the copyright office, to contain his name and address, the title of the work upon which |