Sec. 5 (a).

DEFINITE AMENDMENTS PROPOSED.

Sec. 5 (1).

Sec. 6. American (Authors') Copyright League,-Change to read:

"SEC. 6. That additions to copyrighted works and alterations, revisions, abridgments, dramatizations, translations, compilations, arrangements, or other versions of works, whether copyrighted or in the public domain, shall be regarded as new works subject to copyright under the provisions of this Act; but no such copyright

SUGGESTIONS AND CRITICISMS NOT ACCOMPANIED BY DEFINITE PROPOSALS FOR PHRASEOLOGY.

Sec. 5 (a).

Edmund A. Whitman-Continued. meant by the word as used in the new Act, because, in the first place, it is differentiated from the word "periodical," and, in the second place, in Sec. 18 (c) it is differentiated from a number of other articles. The question is of great practical importance, for a vast number of questions will arise, not only as to the term of copyright but as to other so-called requirements. Take, for instance, Dr. Hale's "Man Without a Country." This originally appeared as a short story in a periodical, and some years after was published in book form. Was it a book when first published? Does the term of that copyright extend for fifty years under Sec. 18 (b) or for the life of the author and fifty years (under c)? Take, again, poems which have appeared from time to time in various publications, newspapers, or periodicals, what term of copyright does the author get when they are collected in one volume? Inasmuch as they have been published on their first appearance, there can be no new term of copyright beginning with the collection into book form.

In Sec. 16 the word "book" is used. Is there meant book in the technical sense or book in the broad sense of any printed article? In Sec. 13 book seems to be differentiated from periodical in the first line; but in the first line of the second paragraph does the word book include periodical, and if not, why not?

In Sec. 30, line 2, the word "book" is again used, but in what sense it is not quite clear. See also the use of the word" book" in Sec. 54, line 8.

Sec. 5 (1). Robt. H. Parkinson.

I do not regard commercial labels as the proper subject of copyright.

Sec. 6,

DEFINITE AMENDMENTS PROPOSED.

Sec. 6. American (Authors') Copyright League-Continued.

shall affect the force or validity of any subsisting copyright upon the matter employed or any part thereof, or be construed to grant an exclusive right to such use of the original works, or to secure or extend copyright in such original works." (Copyright Hearings, December, 1906, p. 402.)

Sec. 6. Herman Fromme and A. Tams,-Strike out the word "arrangements," to read:

"SEC. 6. That additions to copyrighted works and alterations, revisions, abridgments, dramatizations, translations, compilations, or other versions of works, whether copyrighted or in the public domain, shall be regarded as new works subject to copyright under the provisions of this Act; but no such copyright shall affect the force or validity of any subsisting copyright upon the matter employed or any part thereof, or be construed to grant an exclusive right to such use of the original works." (Copyright Hearings, December, 1906, pp. 172, 375.) Sec. 8 (a). American (Authors') Copyright League,Omit "making and," to read:

66

(a) Shall be living within the United States at the time of the first publication of his work, or shall first or cotemporaneously publish his work within the limits of the United States; or" (Copyright Hearings, December, 1906, p. 402.)

Sec. 9. Geo. W. Ogilvie,-Change to read:

"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 by authority or with the consent of the copyright proprietor, and no copyright shall be valid if taken out in the name of one person in a foreign country and the name of another person in the United States. 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. In the case of a lecture or similar work intended only for oral delivery, notice of copyright shall be given at each public delivery thereof."

SUGGESTIONS AND CRITICISMS NOT ACCOMPANIED BY DEFINITE

Sec. 6.

PROPOSALS FOR PHRASEOLOGY.

Sec. 8 (a).

Sec. 9. Edmund A. Whitman.

Sec. 9 provides a simple requirement for obtaining copyright, namely, to publish the work with notice of copyright attached. This, I understood, was the intention of all the parties to make the only requirement of copyright.

When we get to Sec. 17, however, we find that a number of other requirements are called for in the case of foreign books, such as the deposit of copies, registration and filing of affidavit, none of which are conditions precedent to the vesting of copyright in the case of domestic publications, but which seem clearly to be such in the case of foreign publications.

It is true that these things are in one sense of the word "requirements" for domestic works, but very clearly are not conditions precedent to vesting the copyright as they are to-day.

It is not clear from the terms of the Act what is the penalty for failure to comply with the statutory requirements. For instance, in Sec. 10 registration is primâ

Sec. 9.

DEFINITE AMENDMENTS PROPOSED.

Sec. 9, par. 1. William H. Babcock,-Change the first sentence to read:

"SEC. 9. That any person entitled thereto by this Act may secure copyright for his work by registering the title thereof with the Register of Copyrights, as herein provided, such copyright being perfected by the publication of such work. The notice of copyright required by this Act shall be affixed by the publisher or publishers of such work to each copy thereof published or offered for sale by the said publisher or publishers or under the authority or control thereof in the United States." [Remainder of paragraph unchanged.] (Copyright Hearings, December, 1906, p. 387.)

Sec. 10, par. 1. Edward S. Rogers,-Change the word "requirements" to "directions," to read:

"SEC. 10. That such person may obtain registration of his claim to copyright by complying with the directions prescribed in this Act; and such registration shall be prima facie evidence of ownership."