document, of any material in which copyright is subsisting shall not be taken to cause any abridgement or annulment of the copyright or to authorize any use or appropriation of such copyright material without the consent of the copyright proprietor.

SEC. 8. That the author or proprietor of any work made the subject of copyright by this Act, or his executors, administrators or assigns, shall have copyright for such work under the conditions and for the terms specified in this Act; Provided, however, That the copyright secured by this Act shall extend to the work of an author or proprietor who is a citizen or subject of a foreign State or nation, only:

(a) When such foreign author or proprietor shall reside within the United States at the time of the first publication of his work, or shall first or contemporaneously with its first publication in a foreign country publish his work within the limits of the United States; or

(b) When the foreign State or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this Act or by treaty; or when such foreign State or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto.

The existence of the reciprocal conditions aforesaid shall be determined by the President of the United States, by proclamation made from time to time, as the purposes of this Act may require.

SEC. 9. That any person entitled thereto by this Act may secure copyright for his work by publication thereof with the notice of copyright required by this Act; and such notice shall be affixed to each copy thereof published or offered for sale in the United States by authority of the copyright proprietor, except in the case of books seeking ad interim protection under section twenty-two of this Act. In the case of a work of art or a plastic.

work or drawing, such notice shall be affixed to the original also before publication thereof within the United States.

SEC. 10. That such person may obtain registration of his claim to copyright by complying with the provisions of this Act, and upon such compliance the register of copyrights shall issue to him the certificate provided for in section fifty-seven of this Act.

SEC. 11. That registration may also be had of the works of an author of which copies are not reproduced for sale, by the deposit, with claim of copyright, of one complete copy of such work if it be a lecture or similar production or a dramatic or musical composition; of a photographic print if the work be a photograph; or of a photograph or other identifying reproduction thereof if it be a work of art or a plastic work or drawing; the notice of copyright in these latter cases being affixed to the original before publication, as required by section nine of this Act. But the privilege of registration secured hereunder shall not exempt the copyright proprietor from the deposit of copies under sections twelve and thirteen of this Act where the work is later reproduced in copies for sale.

SEC. 12. That after copyright has been secured by publication of the work with the notice of copyright as provided in section nine of this Act, there shall be promptly deposited in the copyright office or in the mail addressed to the register of copyrights, Washington, District of Columbia, two complete copies of the best edition thereof then published, which copies, if the work be a book or periodical, shall have been produced in accordance with the manufacturing provisions specified in section fifteen of this Act; or if such work be a contribution to a periodical, for which contribution special registration is requested, one copy of the issue or issues containing such contribution; or if the work is not reproduced in copies for sale, there shall be deposited a copy, print, photograph or other identifying reproduction provided by section eleven of this Act, such copies or copy, print, photograph or other reproduction to be accompanied in each case by a claim of copyright. No action or proceeding shall be maintained for infringement of copyright in

any work until the provisions of this Act with respect to the deposit of copies and registration of such work shall have been complied with.

SEC. 13. That should the copies called for by section twelve of this Act not be promptly deposited as herein provided, the register of copyrights may at any time after the publication of the work, upon specific written demand, require the proprietor of the copyright to deposit them, and after the said demand shall have been made, in default of the deposit of copies of the work within one month from any part of the United States, except an outlying territorial possession of the United States, or within three months from any outlying territorial possession of the United States, or from any foreign country, the proprietor of the copyright shall be liable to a fine of one hundred dollars and to pay to the Library of Congress twice the amount of the retail price of the best edition of the work.

SEC. 14. That the postmaster to whom are delivered the articles deposited as provided in sections eleven and twelve of this Act shall, if requested, give a receipt therefor and shall mail them to their destination without cost to the copyright claimant.

SEC. 15. That of the printed book or periodical specified in section five, subsections (a) and (b) of this Act, the text of all copies accorded protection under this Act, except as below provided, shall be printed from type set within the limits of the United States, either by hand or by the aid of any kind of typesetting machine, or from plates made within the limits of the United States from type set therein, or, if the text be produced by lithographic process, then by a process wholly performed within the limits of the United States, and the printing of the text and binding of the said book shall be performed within the limits of the United States; which requirements shall extend also to the illustrations within a book consisting of printed text and illustrations produced by lithographic process, and also to separate lithographs, except where in either case the subjects represented are located in a foreign country; but they shall not apply to works in raised characters for the use of the blind or to books published abroad seeking ad interim protection under this Act.

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SEC. 16. That in the case of the book the copies so deposited shall be accompanied by an affidavit, under the official seal of any officer authorized to administer oaths within the United States, duly made by the person claiming copyright or by his duly authorized agent or representative residing in the United States, or by the printer who has printed the book, setting forth that the copies deposited have been printed from type set within the limits of the United States or from plates made within the limits of the United States from type set therein; or, if the text be produced by lithographic process, that such process was wholly performed within the limits of the United States, and that the printing of the text and binding of the said book have also been performed within the limits of the United States. Such affidavit shall state also the place where and the establishment or establishments in which such type was set or plates were made or lithographic process or printing and binding were performed and the date of the completion of the printing of the book on the date of publication.

SEC. 17. That any person who, for the purpose of obtaining registration of a claim to copyright, shall knowingly make a false affidavit as to his having complied with the above conditions shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, and all of his rights and privileges under said copyright shall thereafter be forfeited.

SEC. 18. That the notice of copyright required by section nine of this Act shall consist either of the word "Copyright," or the abbreviation "Copr.," or, in the case of copies of the works specified in subsections (f) to (k), inclusive, of section five of this Act, the letter C inclosed within a circle, thus: accompanied in every case by the name of the copyright proprietor; or, in the case of copies of works specified in subsections (f) to (k), inclusive, of section five of this Act, by his initials, monogram, mark or symbol: Provided, That on some accessible portion of such copies or of the margin, back, permanent base or pedestal, or of the substance on which such copies shall be

mounted, his name shall appear. If the work be a printed literary, musical or dramatic work, the notice shall include also the year in which the copyright was secured by publication. But in the case of works in which copyright is subsisting when this Act shall go into effect, the notice of copyright may be either in one of the forms prescribed herein or in one of those prescribed by the Act of June eighteenth, eighteen hundred and seventy-four.

SEC. 19. That the notice of copyright shall be applied, in the case of a book or other printed publication, upon its title-page or the page immediately following, or 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 its title-page or the first page of music; or if a copy of a work specified in subsections (f) to (k), inclusive, of section five of this Act, upon some accessible portion thereof or of the margin, back, permanent base or pedestal, or of the substance on which such copy shall be mounted.

One notice of copyright in each volume published shall suffice. SEC. 20. That upon every copy of a published musical composition in which the right of public performance for profit is reserved there shall be imprinted under the notice of copyright the words "Right of public performance for profit reserved," in default of which no action shall be maintained nor recovery be had for any such performance, although without the consent of the copyright proprietor.

SEC. 21. That where the copyright proprietor has sought to comply with the provisions of this Act with respect to notice, the omission by accident or mistake of the prescribed notice from a particular copy or copies shall not invalidate the copyright or prevent recovery for infringement against any person who, after actual notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an innocent infringer who has been misled by the omission of the notice; and in a suit for infringement no permanent injunction shall be had unless the copyright proprietor shall reimburse to the innocent infringer his reasonable outlay innocently incurred if the court, in its discretion, shall so direct.