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artist, they are equally inviolable while they remain unpublished, and the author possesses an absolute right to publish them or not as he sees fit, and (if he does not desire to publish them) to hinder their publication, either in whole or in part, by any one else" (4).
§ 3. Right under statutes. The right of an author or proprietor of a literary work to multiply copies of it to the exclusion of others (or to publish it exclusively), is the creature of statute. It is the right secured by the copyright laws of the different countries. It is the right which an author or proprietor has, upon complying with the statutory requirements, to prevent others from publishing his works, even after he has published them himself; and it is known, in contradistinction to the right above noted, as "statutory copyright,” or “copyright after publication.'
§ 4. Constitutional provision. The statutory copyright law of the United States is based on the acts of Congress passed in pursuance of the constitutional provision giving to Congress power“to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" (5). In pursuance of such power, the first Congress passed an act for protecting the authors and proprietors of maps, charts, and books; and succeeding Congresses have extended the protection by many other acts passed since.
§ 5. Copyright law of the United States. The United
(4) Shortt, Law of Lit., 48. (5) Const. Art. 1, Sec. 8.
States statute, relating to copyright, at present in force, is the act of March 4, 1909 which has just gone into effect (6). It provides, in general, for the publication of the work with a notice of copyright, and the deposit promptly thereafter of two copies of the work in the Copyright Office with a registration fee of $1.00. This act secures for the work the full copyright protection for a period of twenty-eight years, with a privilege of renewal for the same period. The United States courts are given jurisdiction to enforce the rights arising under the copyright acts.
§ 6. Scope of Act. Section 4 of the Copyright Act, following the words of the Constitution, provides that the works for which copyright may be secured shall include all the writings of an author. In other words, the Act is intended to cover everything which Congress can protect under the power given it by the Constitution, and, in this respect, the Act is the broadest of any copyright act so far enacted by Congress.
$ 7. What are “writings of authors." From some of the provisions of previous copyright acts, which carefully enumerated all the works which could be included within their protection, and from the decisions construing the latter, it is apparent that the following works may be copyrighted as the writings of authors:
1. Books, including composite and cyclopædic works, directories, gazeteers, and other compilations. By the term "book” in the copyright law is understood a liter
(6) The text of this Act is printed by the Copyright Office of the Library of Congress for gratuitous distribution.
ary composition. All copyright legislation is based on the Constitutional provision granting to Congress the power to legislate for the protection of the writings of authors. For this reason, the mere fact that an article is printed, such as a mere list of words, or a sheet of disjointed phrases or sentences, or a blank form, or a blank book, does not entitle it to protection. Nor does the fact that an article is made up to resemble a book in form justify its registration for copyright protection. It must be a book in literary substance. A book prepared for use in itself, such as a book of blank forms, certificates, receipts, score sheets, or other similar productions, is not a proper subject for copyright protection and is not registrable.
2. Periodicals. This term includes all magazines, newspapers, or serial publications partaking of the nature of periodicals.
3. Lectures, sermons and addresses prepared for oral delivery.
4. Dramatic and dramatico-musical compositions. These terms must be understood to mean literary and musical compositions in dramatic form, and cannot be understood to mean mere stage business, specialty acts, stage names, stage curtains, scenarios, etc.
5. Musical compositions. 6. Maps.
7. Works of art, models and designs for, and reproductions of works of art.
8. Drawings or plastic works of a scientific or technical character.
11. Compilations or abridgments, adaptations, arrangements, dramatizations, translations, or other versions of works in the public domain, or of coyprighted works when produced with the consent of the proprietor of the copyright in such works, or works published with new matter.
12. Anything else which can be reasonably construed as the writing of an author.
§ 8. Extent of protection given. The proprietor of any such copyrighted work is given, under section 1 of the Act, the exclusive right, during the term of the copyright:
(a) To print, reprint, publish, copy, and vend the copyrighted work;
(b) To translate it into other languages or dialects, or make any other version of it, if it be a literary work; to dramatize it if it be a non-dramatic work; to convert it into a novel or other non-dramatic work if it be a drama; to arrange or adapt it if it be a musical work; to complete, execute, and finish it if it be a model or design for a work of art;
(c) To deliver or authorize the delivery of the copyrighted work in public for profit if it be a lecture, sermon, address, or similar production;
(d) To perform or represent the copyrighted work publicly if it be a drama or, if it be a dramatic work and not reproduced in copies for sale, to vend any manuscript or any record whatever thereof; to make or to procure the making of any transcription or record thereof by or from which, in whole or in part, it may in any manner or by any method be exhibited, performed, represented, produced, or reproduced; and to exhibit, perform, represent, produce, or reproduce it in any manner or by any method whatever;
(e) To perform the copyrighted work publicly for profit if it be a musical composition and for the purpose of public performance for profit; ånd for the purpose set forth in subsection (a) above, to make any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced; with the exception however, that copyright protection may be secured for only such parts of instruments serving to reproduce the musical work mechanically (i. e. phonographic rolls and discs, perforated rolls, metal discs, etc.) as produce compositions published and copyrighted after the Act went into effect (July 1, 1909); and not for such as produce the works of a foreign author or composer unless the foreign state or nation of which he is a citizen or subject affords similar rights to citizens of the United States.
§ 9. Same: Illustrations. An article forming part of an encyclopædia may be copyrighted by itself; and a fair abridgment of any book is considered a new work, as it requires labor and the exercise of judgment (7); also a composition, the materials of which were procured by another. There may be a valid copyright in the plan of a book as connected with the arrangement and combina
(7) Storr v. Holcombe, 4 McLean 306.