Lapas attēli
PDF
ePub

tion of the material and the mode of displaying and illustrating the subject, although all the materials employed and the subject of the work may be common to all other writers (8). Compilations of railroad time-tables, or from voluminous public documents may be copyrighted. New editions of maps may be copyrighted. Labels on vials to designate medicines, etc., are not books within the Act. Legal blanks drawn in pursuance of the statutes so as to make a complete form, possess sufficient originality to be the subject of a copyright. No copyright can be secured for the publication of statutes alone, but there may be sufficient skill and judgment displayed in their combination and analysis to entitle the author to a copyright (9). No copyright can be secured in written opinions delivered by the courts, these being public documents; but a reporter is entitled to a copyright in the syllabi, and the statements and arguments of counsel prepared by him, but not in the statement of facts which form the basis of the decision reported (10).

Dramatic compositions may be copyrighted, but it has been held that a stage dance telling no story, portraying no character, and depicting no emotion, is not a “dramatic composition” within the meaning of the act; and that a mere exhibition, spectacle or scene, such as “The Black Crook," is not a dramatic composition, entitled to protection (11) within the meaning of the copyright laws. But a combination of dramatic events portraying a per

(8) Greene v. Bishop, Fed. Cas. No. 5763.
(9) Davidson v. Wheelock, 27 Fed. R. 61.
(10) Little v. Gould, Fed. Cas. 8394.
(11) Martinette v. Maguire, Fed. Cas. 9173.

son tied to a railroad track and rescued at the last moment before an approaching train, was held entitled to protection, although its success was largely dependent on what was seen irrespective of the dialogue (12).

A musical composition as an idea or intellectual conception is not subject to copyright, but only in its material embodiment in the form of a writing or print.

Engravings, cuts, prints, and photographs are entitled to protection, and include pictorial illustrations drawn from real life; colored photographs or pictures of natural scenery; and films for moving picture machines (13). Likewise, paintings, drawings, chromos, and chromo lithographs, even though used for gratuitous distribution as an advertisement for the purpose of attracting business.

§ 10. Right of alien to secure copyright. Copyright may be secured under the Act by an alien author or proprietor only if he is domiciled within the United States at the time of the first publication of his work; or if he is a citizen or subject of a foreign state or nation which grants similar privileges to citizens of the United States.

§ 11. Steps necessary to secure copyright registration: Where copies of work are to be reproduced. In order to secure copyright protection for a work which is to be published, it is necessary, first: to publish it with a notice of copyright in the form prescribed by the act; and second: promptly after publication to send to the Copyright Office two copies of the best edition of the work, with an application for registration and a remittance of

(12) Daly v. Webster, 56 Fed. R. 483.
(13) Edison v. Lubin, 122 Fed. R. 240,

$1.00 (except in the case of photographs, for which, if a certificate of registration is not desired, the fee is only 50 cents), (14).

In the case of books or periodicals the two copies so deposited must have been printed from type set within the limits of the United States, or from plates made within, or by a process wholly performed within the United States, and the entire operation of printing, binding, and preparing illustrations must have been performed within the United States. And in the case of books, the copies deposited must be accompanied by an affidavit to such effect. Forms for the application and affidavit are supplied by the Copyright Office on request (15).

§ 12. Same: Where copies of work are not to be reproduced. When the protection is desired for a work of which copies are not to be reproduced for sale, it is secured by filing in the Copyright Office an application for registration, with the statutory fee of $1.00, and sending therewith:

(a) In the case of lectures or other oral addresses or of dramatic or musical compositions, one complete manuscript or typewritten copy of the work;

(b) In the case of photographs not intended for general circulation, one photographic print;

(c) In the case of works of art (paintings, drawings, sculpture); or of drawings or plastic works of a scientific or technical character, one photograph or other identifying reproduction of the work.

(14) Copyright Act, Secs. 9, 10, 12. (15) Id. Secs. 12, 15, 16.

In any such case, however, if the work is later reproduced in copies for sale, there must be deposited two copies of the best edition of the work as specified in $ 11, above (16).

§ 13. Registration fee and certificate. In the case of several volumes of the same book deposited at the same time, only one registration, with one fee, is required.

The registration fee of $1.00 entitles the registrant to a certificate under the seal of the Copyright Office of the fact of registration, and such certificate the act declares shall be admitted in any court as prima facie evidence of the facts therein stated (17).

§ 14. Penalty for failure to deposit copies of work. Failure on the part of any proprietor of a copyright to deposit the two copies, above noted, from any part of the United States, except an outlying territorial possession, within three months (or, from an outlying territorial possession, within six months) after notice from the Register of Copyrights is punishable by a fine of $100, the payment to the Library of Congress of twice the amount of the retail price of the best edition of the work, and the forfeiture of the copyright (18).

If the two copies are delivered to a postmaster with a proper request, he will give a receipt for them, and will mail them to their destination without cost to the copyright claimant (19).

§ 15. Form of copyright notice prescribed. The form

(16) Id. Sec. 11.
(17) Id. Secs. 10, 55.
(18) Id. Sec. 13.
(19) Id. Sec. 14.

of copyright notice prescribed by the Act is as follows:

"Copyright (or, Copr.), 19... (year date of publication) by

(name of copyright proprietor).” But in the case of copies of works specified in paragraphs 6 to 10, both inclusive, of 7 above, the notice may consist of the mark thus C, accompanied by the initials, monogram, mark, or symbol of the copyright proprietor: Provided his name appears on some accessible portion of such copies or of the margin, back, permanent base, or pedestal, or of the substance on which such copies are mounted (20).

§ 16. Notice of Copyright. Upon each copy of the published work there must be inscribed a notice of copyright in the form specified in § 15, above. If the work is a book or other printed publication this should appear upon the title-page or the page immediately following; if a periodical, either upon the title-page or upon the first page of text of each separate number or under the title heading; or if a musical work, either upon the titlepage or the first page of music. But, one notice of copyright in each volume or in each number of a newspaper or periodical published is sufficient (21).

§ 17. Term, renewal, and assignment. The term of a copyright is twenty-eight years, and it may be once renewed for a further term of twenty-eight years (22).

A copyright may be assigned, granted, or mortgaged by an instrument in writing signed by the proprietor

(20) Id. Sec. 18.
(21) Id. Secs. 9, 18, 19.
(22) Id. Secs. 23, 24.

« iepriekšējāTurpināt »