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copyright is claimed, the date of the deposit of the copies of such work, 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, 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, and the 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."
It was amended by Act March 2, 1913, c. 97, cited above, to read as set forth here.
Section 16 of this act, mentioned in this section, is set forth ante, $ 9537.
Notes of Decisions Certificate as evidence.-A certificate were deposited with him is competent by the librarian of congress that two evidence of such fact, and is sufficient copies of a book mailed by the publish- where the identity of such copies with er were received at a date which was the book in suit is shown. Lederer v. within the 10 days from publication al- Saake (C. C. 1909) 166 Fed. 810, judglowed by the copyright law is admis- ment reversed Saake v. Lederer (1909) sible in evidence, though not under seal. 174 Fed. 135, 98 C. C. A. 571. Belford, Clarke & Co. V.
Scribner Where a printed lecture was copy(1892) 12 Sup. Ct. 734, 739, 144 U, S. righted, such copyright was shown 488, 36 L. Ed. 514.
prima facie by the certificate with seal The librarian's certificate does not of the copyright registration and the per se establish the copyright; but the receipt card stating that the register burden rests on the plaintiff to show
had received the affidavit conforming to compliance with the statutory require- the requirements of section 9537, ante. ments as conditions precedent. Saake Chautauqua School of Nursing v. Nav. Lederer (1909) 174 Fed. 135, 98 C. tional School of Nursing (D. C. 1914) C. A. 571.
211 Fed. 1014, The certificate of the Librarian of The certificate of the librarian of Congress is no proof of compliance with congress, which, after giving the title the law. Bosselman v. Richardson to a book of “Recipes," which title he (1909) 174 Fed. 622, 98 C. C. A. 127. certified had been deposited in his of
Certificate of Register of Copyrights fice, stated “2 of the above publication that copies of publication were receive deposited July 8, 1878," was not evied June 24th held not to show deliy- dence that the copies deposited were ery or mailing on June 23d, the date of copies of the publication for which publication, within section 9533, ante, plaintiff claimed to have the copyright. notwithstanding this section. Davies v. McMurty v. Popham (1887) 8 Ky. Law Bowes (1914) 219 Fed. 178, 134 C. C. Rep. 704. A. 552, affirming decree (D. C. 1913) 209 Fed. 53.
Cited without definite application, Under this section certificate of Reg- Merrell v. Tice (1881) 104 U. S. 557, ister of Copyrights held not prima facie 26 L. Ed. 854; Bennett v. Carr (1899) evidence that copies of publication were 96 Fed. 213, 215, 37 C. C. A. 453; received in time, but only that they Donnelley v. Ivers (C. C. 1882) 18 were delivered in attempted compliance Fed. 592, 593; Rosenbach v. Dreyfuss with the statute on the date specified. (D. C. 1880) 2 Fed. 217, 219; ChauId.
tauqua School of Nursing v. National The certificate of the Librarian of School of Nursing (D. C. 1914) 211 Congress that two copies of a book Fed. 1014, 1015.
§ 9577. (Act March 4, 1909, c. 320, § 56.) Catalogues of copyright
entries; effect of catalogues as evidence. The register of copyrights shall fully index all copyright registrations and assignments and shall print at periodic intervals a catalogue of the titles of articles deposited and registered for copyright, together with suitable indexes, and at stated intervals shall print complete and indexed catalogues for each class of copyright entries, and may thereupon, if expedient, destroy the original manuscript catalogue cards containing the titles included in such printed volumes and representing the entries made during such intervals. The current catalogues of copyright entries and the index volumes herein provided for shall be admitted in any court as prima facie evidence
of the facts stated therein as regards any copyright registration. (35 Stat. 1086.)
See notes to section 1 of this act, ante, $ 9517. § 9578. (Act March 4, 1909, c. 320, § 57.) Distribution and sale
of catalogues of copyright entries; disposal of proceeds. The said printed current catalogues as they are issued shall be promptly distributed by the copyright office to the collectors of customs of the United States and to the postmasters of all exchange offices of receipt of foreign mails, in accordance with revised lists of such collectors of customs and postmasters prepared by the Secretary of the Treasury and the Postmaster-General, and they shall also be furnished to all parties desiring them at a price to be determined by the register of copyrights, not exceeding five dollars per annum for the complete catalogue of copyright entries and not exceeding one dollar per annum for the catalogues issued during the year for any one class of subjects. The consolidated catalogues and indexes shall also be supplied to all persons ordering them at such prices as may be determined to be reasonable, and all subscriptions for the catalogues shall be received by the Superintendent of Public Documents, who shall forward the said publications; and the moneys thus received shall be paid into the Treasury of the United States and accounted for under such laws and Treasury regulations as shall be in force at the time. (35 Stat. 1086.)
See notes to section 1 of this act, ante, $ 9517. § 9579. (Act March 4, 1909, c. 320, § 58.) Records and works
deposited in Copyright Office open to public inspection; taking copies of copyright entries. The record books of the copyright office, together with the indexes to such record books, and all works deposited and retained in the copyright office, shall be open to public inspection; and copies may be taken of the copyright entries actually made in such record books, subject to such safeguards and regulations as shall be prescribed by the register of copyrights and approved by the Librarian of Congress. (35 Stat. 1086.)
See notes to section 1 of this act, ante, $ 9517. $ 9580. (Act March 4, 1909, c. 320, § 59.) Disposition of articles
deposited in Copyright Office. Of the articles deposited in the copyright office under the provisions of the copyright laws of the United States or of this Act, the Librarian of Congress shall determine what books and other articles shall be transferred to the permanent collections of the Library of Congress, including the law library, and what other books or articles shall be placed in the reserve collections of the Library of Congress for sale or exchange, or be transferred to other governmental libraries in the District of Columbia for use therein. (35 Stat. 1087.)
See notes to section 1 of this act, ante, & 9517. § 9581. (Act March 4, 1909, c. 320, § 60.) Destruction of articles
deposited in Copyright Office remaining undisposed of; removal of such articles by author, proprietor, etc.; manuscripts
of unpublished works. Of any articles undisposed of as above provided, together with all titles and correspondence relating thereto, the Librarian of Congress and the register of copyrights jointly shall, at suitable intervals, determine what of these received during any period of years it is desirable or useful to preserve in the permanent files of the copyright office, and, after due notice as hereinafter provided, may within their discretion cause the remaining articles and other things
to be destroyed : Provided, That there shall be printed in the Catalogue of Copyright Entries from February to November, inclusive, a statement of the years of receipt of such articles and a notice to permit any author, copyright proprietor, or other lawful claimant to claim and remove before the expiration of the month of December of that year anything found which relates to any of his productions deposited or registered for copyright within the period of years stated, not reserved or disposed of as provided for in this Act: And provided further, That no manuscript of an unpublished work shall be destroyed during its term of copyright without specific notice to the copyright proprietor of record, permitting him to claim and remove it. (35 Stat. 1087.)
See notes to section 1 of this act, ante, § 9517. $ 9582. (Act March 4, 1909, c. 320, § 61.) Fees.
The register of copyrights shall receive, and the persons to whom the services designated are rendered shall pay, the following fees: For the registration of any work subject to copyright, deposited under the provisions of this Act, one dollar, which sum is to include a certificate of registration under seal: Provided, That in the case of photographs the fee shall be fifty cents where a certificate is not demanded. For every additional certificate of registration made, fifty cents. For recording and certifying any instrument of writing for the assignment of copyright, or any such license specified in section one, subsection (e), or for any copy of such assignment or license, duly certified, if not over three hundred words in length, one dollar; if more than three hundred and less than one thousand words in length, two dollars; if more than one thousand words in length, one dollar additional for each one thousand words or fraction thereof over three hundred words. For recording the notice of user or acquiescence specified in section one, subsection (e), twenty-five cents for each notice if not over fifty words, and an additional twenty-five cents for each additional one hundred words. For comparing any copy of an assignment with the record of such document in the copyright office and certifying the same under seal, one dollar. For recording the extension or renewal of copyright provided for in sections twenty-three and twenty-four of this Act, fifty cents. For recording the transfer of the proprietorship of copyrighted articles, ten cents for each title of a book or other article, in addition to the fee prescribed for recording the instrument of assignment. For any requested search of copyright office records, indexes, or deposits, fifty cents for each full hour of time consumed in making such search: Provided, That only one registration at one fee shall be required in the case of several volumes of the same book deposited at the same time. (35 Stat. 1087.)
See notes to section 1 of this act, ante, $ 9517. Secti 1, 23, and 24 of this act, mentioned in this section, are set forth ante, $$ 9517, 9544, 9545.
Notes of Decisions Feo as dependent on citizenship.- citizen resident of the United The Librarian of Congress, in deter- States.” (1904) 25 Op. Atty. Gen. 179. mining what fees should be charged for Cited without definite application, the recording, etc., of copyrights, Merrell v. Tice (1881) 104 U. S. 557, should treat a citizen or resident of the 26 L. Ed. 854; Pentlarge v. Kirby (D. Philippine Islands as "a person not a C. 1884) 19 Fed. 501, 507. § 9583. (Act March 4, 1909, c. 320, § 62.) Definition of terms "the
date of publication" and "author" in construction of act. In the interpretation and construction of this Act "the date of publication” shall in the case of a work of which copies are reproduced for sale or distribution be held to be the earliest date when copies of the first authorized edition were placed on sale, sold, or publicly distributed by the proprietor of the copyright or under his
authority, and the word "author" shall include an employer in the case of works made for hire. (35 Stat. 1087.) See notes to section 1 of this act, ante, $ 9517.
Notes of Decisions Publication.-Delivering to the secre actual publication is presumed from a tary of state, for the use of the state, sale. Baker v. Taylor (C. C. 1848) the number of copies of a volume of Fed. Cas. No. 782. law reports required by law to be so Public representation of a drama is delivered, is a publication of that vol not a publication, within the meaning of ume, duly evidenced by certificates of the act requiring a copy to be deposited the auditor of public accounts and of within a certain time. Roberts v. Mythe secretary of state that on such a ers (C. C. 1860) Fed. Cas. No. 11,906. date the reporter made such delivery. The work must be published within Callaghan v. Myers (1888) 128 U. S. a reasonable time after filing the title 617, 9 Sup. Ct. 177, 32 L. Ed. 547.
page. Carillo v. Shook (C. C. 1876) Sale of book prior to deposit of copy Fed. Cas. No. 2,407. of title page will defeat copyright, as § 9584. (Act March 4, 1909, c. 320, § 63.) Repeal; causes of ac
tion for infringements committed before act not affected. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed, but nothing in this Act shall affect causes of action for infringement of copyright heretofore committed now pending in courts of the United States, or which may hereafter be instituted; but such causes shall be prosecuted to a conclusion in the manner heretofore provided by law. (35 Stat. 1088.)
See notes to section 1 of this act, ante, $ 9517.
This Title, as enacted in the Revised Statūtes, included sections 4972–5132. in which were incorporated the provisions of the Bankruptcy Act of March 2, 1867, c. 176, 14 Stat. 517, with amendments thereof and additional provisions. That act, this Title of the Revised Statutes, and all acts in amendment or supplementary thereto or in explanation thereof, were repealed by Act June 7, 1878, c. 160, 20 Stat. 99, to take effect September 1, 1878. Said repealing act, however, provided that pending cases were not to be affected by the repeal; but no bankruptcy law was in force otherwise until the passage of the Bankruptcy Act of July 1, 1898, c. 541.
This Title includes said Bankruptcy Act of July 1, 1898, c. 541, as amended by Act Feb. 5, 1903, c. 487, Act June 15, 1906, c. 3333, and Act June 25, 1910, c. 412.
(R. S. $$ 4972-5132. Repealed.) These sections of the Revised Statutes incorporated the provisions of the bankruptcy laws in force at the time of the Revision. They were repealed by Act June 7, 1878, c. 160, 20 Stat. 99.
(Act July 1, 1898, c. 541, and its amendments) Chap.
Sec. 1. Dofinitions
9585 Moaning of words and phrases ($ 1).......
9585 2 Creation of courts of bankruptcy and their jurisdiction.....
9586 Courts of bankruptcy; jurisdiction and powers ($ 2, as amd. Act Feb. 5, 1903, § 1, and Act June 25, 1910, 88 1, 2)...
9587 cts of bankruptcy (8 3, as amd. Act Feb. 5, 1903, & 2)
9587 Vho may become bankrupts ($ 4, as amd. Act Feb. 5, 1903, § 3, and Act June 25, 1910, 88 3, 4).
9583 artners (8 5)
9589 Exemptions of bankrupts (8 6).
9590 Duties of bankrupts ($ 7)...
9591 Death or insanity of bankrupts ($ 8).
9592 Protection and detention of bankrupts ($ 9)
9593 Extradition of bankrupts ($ 10).....
9594 Suits by and against bankrupts (8 11).
9595 Compositions, when confirmed ($ 12, as amd. Act June 25, 1910, § 5)
9596 Compositions, when set aside ($ 13).
9597 Discharges, when granted (8 14, as amd. Act Feb. 5, 1903, § 4, and Act June 25, 1910, 8 6)...
9598 Discharges, when revoked ($ 15)
9599 Co-debtors of bankrupts ($ 16).
9600 Debts not affected by a discharge ($ 17, as amd. Act Feb. 5, 1903, 8 5) ...
9601 Courts and procedure therein....
9602 Process, pleadings, and adjudications ($ 18, as amd. Act. Feb. 5, 1903, § 6)
9602 Jury trials (8 19).
9603 Oaths, affirmations ($ 20).
9604 Evidence ($ 21, as amd. Act Feb. 5, 1903, $ 7)
9605 Reference of cases after adjudication ($ 22)..
9606 Jurisdiction of United States and State courts ($ 23, as amd. Act Feb. 5, 1903, § 8, and Act June 25, 1910, $ 7).
9607 Jurisdiction of appellate courts (824).
9608 Appeals and writs of error ($ 25).
9609 Arbitration of controversies ($ 26).
9610 Compromisos ($ 27)......
9611 Designation of newspapers ($ 28)
9612 Offenses (829)