2D SESSION 51ST CONGRESS, sec. 3 and the words printed from type set within the limits of the United States," in sec. 4, lines 26-27. This latter amendment was altered on February 13th (see next note), and finally lost on February 14th. (Cong. Record, v. 22, pt. 3, pp. 2540, 2559.) See page 303. ΝΟΤΕ 21. 1891 (February 13), Senate.-The further amendment of Mr. Reagan to H. R. bill no. 10881, which was decided in the negative on February 14, was to strike out lines 28-29 of sec. 4, in addition to lines 26-27, already proposed to be stricken out. (Cong. Record, v. 22, pt. 3, pp. 2606-2607.) See page 303 and also page 305 for action on these amendments. NOTE 22. 1891 (February 17), Senate.-The amendments proposed by Mr. Edmunds to H. R. bill no. 10881, which were agreed to, were as follows: (a) To insert the words "or subject" after the word "citizen," in sec. 13, line 1. (b) To strike out all after the word "citizens," in sec. 13, line 4, to the end, and in lieu thereof to insert: "The existence of the condition aforesaid shall be determined by the President of the United States by proclamation made from time to time, as the purpose of this act may require.” (c) To insert the word "or" after the word "dramatic," in line 5 of sec. 8, which latter amendment was merely textual. (Cong. Record, v. 22, pt. 3, pp. 2793-2794.) See page 306. NOTE 23. 1891 (February 17), Senate.—Mr. Vance also proposed a second amendment to H. R. bill no. 10881, which was afterwards withdrawn, namely, at the end of sec. 3, after the word "permitted," to add as a proviso the clause: "And provided further, That copies of any book printed abroad, in any country which becomes a party to this law, and which had been duly copyrighted thereunder in such country, may be imported into the United States on payment of the duties required by law.' (Cong. Record, v. 22, pt. 3, pp. 2795.) See page 306. NOTE 24. 1891 (February 18), Senate.-Mr. Hoar also offered an amendment to H. R. bill no. 10881, which was an amendment to Mr. Frye's amendment, namely: In sec. 3, line 23, after the word "book," to insert the words "photograph, chromo, or lithograph;' in sec. 3, line 26, after the word "therefrom," to insert " or from negatives or drawings on stone made within the limits of the United States, or from transfers made therefrom;" in sec. 3, line 28, after the word "book," to insert "chromo or lithograph or photograph;" in sec. 3, line 29, after the word “set," to insert "negatives or drawings on stone," and in sec. 3, line 35, after the word "book," to insert "photograph, chromo, or lithograph." This amendment, after further discussion, was withdrawn. (Cong. Record, v. 22, pt. 3, p. 2838.) See page 307. NOTE 25. 1891 (February 18), Senate.—The amendments further proposed to H. R. bill no. 10881 on this day were as follows: The amendment of Mr. Ingalls was to strike out lines 38-41 of sec. 3 and to insert the words "and except in the case of newspapers and periodicals, which are hereby exempted from prohibition of importation." The amendment was agreed to. 2D SESSION The amendment of Mr. Daniel was to strike out in sec. 3, line 34, 5IST CONGRESS, the words beginning with "who import" to and including "importation" in line 38. The amendment was agreed to. The amendment of Mr. Platt was to strike out after the word "prohibited" to and including the words United States," lines 31-33 in sec. 3. The amendment was agreed to. The amendment of Mr. Carlisle was to strike out the words " copyrighted under this act during the term of the copyright" in lines 40-41, sec. 4, and to insert in lieu thereof the words "prohibited by this act." The amendment was agreed to. (Cong. Record, v. 22, pt. 3, pp. 2840–2842.) See page 307. NOTE 26. 1891 (February 18), Senate.-The Congressional Record, v. 22, pt. 3, p. 2843, in alluding to the amendment of Mr. Daniel to sec. 3, line 14, of H. R. bill no. 10881, gives the amendment simply as the insertion of the words "six months after," so as to make the clause read, "nor unless he shall also, not later than six months after the day of publication thereof," etc. See page 307. NOTE 27. 1893 (March 3), Senate.—The amendment to S. bill no. 52D CONGRESS, 3881 reported from the Committee on Patents on March 2d and 2D SESSION agreed to on March 3d was to strike out all after the enacting clause and to insert: "Any author, inventor, designer, or proprietor of any book or other article entitled to copyright, who has heretofore failed to deliver in the office of the Librarian of Congress, or in the mail addressed to the Librarian of Congress, two complete copies of such book, or description or photograph of such article, within the time limited by Title LX, chapter 3, of the Revised Statutes, relating to copyrights, and the acts in amendment thereof, and has complied with all other provisions thereof, who has, before the 1st day of March, A. D. 1893, delivered at the office of the Librarian of Congress, or deposited in the mail addressed to the Librarian of Congress, two complete printed copies of such book, or description or photograph of such article, shall be entitled to all rights and privileges of said Title LX, chapter 3, of the Revised Statutes and the acts in amendment thereof. (Cong. Record, v. 24, pt. 3, p. 2501.) See page 326. NOTE 28. 1896 (May 8), Senate.-In the account of the day's pro- 54TH CONGRESS ceedings for May 8th the Record states as follows: The bill (S. No. 1ST SESSION 425) to provide for the register of copyrights was announced as next in order, but, on motion of Mr. Cockrell, it was allowed to pass over without losing its place. (Cong. Record, v. 28, pt. 5, p. 4965.) See page 338. NOTE 29. 1896 (May 20), Senate.-The amendments of the Committee on Patents to S. bill no. 2306 reported on April 24th and agreed to on May 20th were as follows: In line 7, before the word "composition," to strike out “ operatic" and to insert "musical;" in line 9, before "composition," to strike out "operatic" and insert "musical;" in line 14, to strike out "and if it be determined that such unlawful performing and representation was willful and for profit, in addition thereto," and to insert "if the unlawful performance and representation be willful and for profit;" in line 18, after the word “and," 10469 No. 8-05-25 IST SESSION 54TH CONGRESS, to strike out "liable to imprisonment" and insert "upon conviction be imprisoned;" in line 21, before the word "judge," strike out “ "any" and insert "a;" in line 23, before the word "composition," to strike out "operatic" and insert "musical;" in line 31, before the word composition," to strike out "operatic" and insert “musical;" and in line 32, before the word "such," to insert "upon." (Cong. Record, v. 28, pt. 6, p. 5464.) See page 338. NOTE 30. 1896 (June 8), House of Representatives. In the account of the day's proceedings for June 8th the Record states that Mr. Draper moved to suspend the rules and pass S. bill no. 2306. The bill was read at length. No action was recorded because the original bill was not at the desk. (Cong. Record, v. 28, pt. 7, p. 6292.) See page 338. NOTE 31. 1897 (February 9), House of Representatives.-The 54TH CONGRESS, amendment recommended by the Committee on Patents to H. R. bill no. 10223, which was agreed to, was to strike out sec. 3 of the bill, reading: That this bill shall go into effect on the 1st day of July, 1897." (Cong. Rec., v. 29, pt. 2, p. 1685.) See page 342. 2D SESSION 55TH CONGRESS, 2D SESSION 58TH CONGRESS, 3D SESSION NOTE 32. 1897 (December 17), House of Representatives.-The amendments of the Committee on Patents to H. R. bill no. 4847, which were agreed to, were to insert in line 13, after the word " copyright," the words "obtained thereon;" in line 14, to strike out the word "succeeding;" and also in the same line to strike out the words "obtained thereon and to insert "following the said 11th day of January, 1893." (Cong. Record, v. 31, pt. 1, p. 284.) See page 346. NOTE 33. 1898 (February 11), Senate.-The amendments from the Committee on Patents to H. R. bill no. 4847, reported on February 2d and agreed to February 11th, were: In line 11, after the word "time," to strike out between" and to insert within ninety days after," and in line 12, after the word "act," to strike out "and the 11th day of January, 1898;" which amendments, summed up, provide for a period of ninety days after the passage of the act within which filing of the title of the book in question would be considered valid. (Cong. Record, v. 31, pt. 2, p. 1667.) See page 348. NOTE 34. Senate report, no. 3380, 58th Congress, 3d session. Amending section 4952 of the Revised Statutes. (January 27, 1905.-Ordered to be printed.) Mr. Kittredge, from the Committee on Patents, submitted the following report to accompany H. R. 6487: The Committee on Patents, to whom was referred the bill (H. R. 6487) for the amendment of section 4952 of the Revised Statutes, recommend that said bill do pass with the following amendment: Strike out the words "benefit of copyright on the same basis as is given to its citizens by this act," lines 1 and 2, page 3 of the printed bill, and insert in lieu thereof the words "benefit of copyright on substantially the same basis as to its own citizens." The following letter is submitted in support of this favorable report: SIR: In compliance with your request of January 23 for an expression of opinion from this office on House bill 6487, to amend section 4952 of the Revised Statutes, relating to copy- 58TH CONGRESS, rights, I beg to report as follows: 1. That the purpose of this bill appears to this office equitable and unobjectionable. 2. That the proviso passed by the House in the way of an amendment to the original bill would seem to require some slight alteration in order to bring its provisions into harmony with the act of March 3, 1891. This alteration should be that in lines 1 and 2, on page 3, the words "benefit of copyright on the same basis as is given to its citizens by this act," should be changed to read, "benefit of copyright on substantially the same basis as to its own citizens." 3. The bill provides for a period of one year within which to comply with the requirement that the work shall be typeset within the limits of the United States, but this term of twelve months is allowed only when the book is originally published in a foreign language. In equity there would seem to be no reason why the allowance should not equally extend to all books originally published abroad. 4. That the words in lines 16 and 17, page 2, reading "which shall be the first copyright in this country for a translation of such book," would cause difficulty of construction, and, if construed literally, are calculated to nullify the benefit proposed by the bill. They should, we think, be stricken out. Conflicting claims between translations entered for copyright would require to be settled by the courts as other matters of dispute. This is not to object to the present bill, but to suggest that it might go further with advantage. Very respectfully, Hon. ALFRED B. KITTREDGE, THORVALD Solberg, Chairman Committee on Patents, United States Senate. Approved and transmitted. HERBERT PUTNAM, Your committee deem it inadvisable at this session to enlarge the scope of this bill to extend to ali books originally published abroad. It is the purpose of your committee to attempt a codification of the copyright laws at the next session of Congress. (Senate Rept. no. 3380, 58th Cong., 3d sess.) 3D SESSION |