DEFINITE AMENDMENTS PROPOSED, Sec. 11. Edward S. Rogers. It seems to me that Secs. 11 and 15 could well be consolidated and the section substituted for both be made to read as follows: "After copyright has been secured by publication of the work with the notice of copyright, as provided in section nine hereof, there shall be deposited in the Copyright Office or in the mail addressed to the Register of Copyrights, Washington, D. C., two complete copies of the best edition thereof, or if the work be a label or print for an article of manufacture, one such copy; or if 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 the copy, print, photograph or other identifying reproduction required by section ten above, 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 section with respect to the deposit of copies of such work shall have been complied with. The Register of Copyrights may, upon specific written demand, require the proprietor of the copyright in any article to deposit the copies specified above, and after the said demand shall have been made, in default of the deposit of ropies 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," SUGGESTIONS AND CRITICISMS NOT ACCOMPANIED BY DEFINITE PROPOSALS FOR PHRASEOLOGY. Sec. 13. The Print Publishers' Association of America. We understand an amendment to section 13 of the proposed copyright bill will be handed in by the Typographical Union for the purpose of extending the requirements of American manufacture to other component parts of the book than that of the text. Without seeing such amendment, we of course can not judge of its scope, but we feel it necessary to protest against any extension of the manufacturing clause which would carry its restrictions beyond the text of the book, and which is already covered by section 13. (Copyright Hearings, December, 1906, p. 110.) Sec. 13. Edmund A. Whitman. I notice also in Sec. 13 both a book and periodical must be printed from type set in this country, but the affidavit is necessary only in the case of the book. Another requirement seems to be that the type shall be set in this country, but the validity of the copyright is not necessarily affected by failure to do so. The only penalty is put upon the person who makes the false affidavit, and inasmuch as the printer is allowed to make that affidavit, it is impossible that he should forfeit any of his rights and privileges under the copyright, because he (the printer) hasn't any. It is very far from clear in the wording of Sec. 13 whether the author or publisher loses his copyright because his authorized agent or representative makes a false affidavit. With many workssuch, for instance, as an encyclopedia-it would be good business to have a printer fined $1,000, and pay it if thereby the requirements of type-setting in this country might be avoided. In Sec. 13, paragraph 4, first line, it says: "Any person who for the purpose of obtaining a copyright" shall make false affidavit. There is nothing in the Act which specifically makes the obtaining of copyright depend upon any such affidavit. The first three lines of Sec. 9 are entirely independent of any such requirement. The affidavit either is or is not a condition precedent, and that should be stated clearly. DEFINITE AMENDMENTS PROPOSED. Sec. 13, par. 1. American (Authors') Copyright League,Add "within the United States," and substitute "therein" for "within the limits of the United States," to read: "SEC. 13. That of a printed book or periodical the text of the copies deposited under section eleven above 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, er from plates made within 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; which requirements shall extend also to the illustrations produced by lithographic process within a printed book consisting of text and illustrations, and also to separate lithographs, except where in either case the subjects represented are located in a foreign country;" [remainder of section unchanged.] (Copyright Hearings, December, 1906, p. 402.) Sec. 13, par. 1. International Typographical Union, International Brotherhood of Bookbinders, and International Printing Pressmen and Assistants' Union of North America,-Change to read: "SEC. 13. That of a printed book or periodical the text of the copies deposited under section eleven above 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 within the limits of the United States, or if the text be produced by lithographic process, then by a process wholly performed within the limits of the United States, and that the printing and binding of the said book have been performed within the limits of the United States;" [Remainder of paragraph unchanged.] (Copyright Hearings, December, 1906, p. 188.) |