EXISTING LAW (TO BE REPEALED)

Act March 4, 1909 (ch. 320, sec. 9, 35 Stat. 1077 (17 U. S. C., 1940 ed., sec. 9))

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-one of this Act.

Act March 4, 1909 (ch. 320, sec. 10, 35 Stat. 1078 (17 U. S. C., 1940 ed., sec. 10))

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

Act March 4, 1909 (ch. 320, sec. 11, 35 Stat. 1078 (17 U. S. C., 1940 ed., sec. 11))

12. WORKS NOT REPRODUCED FOR SEC. 11. That copyright may also be SALE. Copyright may also be had of had of the works of an author of which the works of an author, of which copies copies are not reproduced for sale, by are not reproduced for sale, by the the deposit, with claim of copyright, of deposit, with claim of copyright, of one one complete copy of such work if it be complete copy of such work if it be a a lecture or similar production or a lecture or similar production or a dra- dramatic or musical composition; of a matic, musical, or dramatico-musical photographic print if the work be a composition; of a title and description, photograph; or of a photograph or other with one print taken from each scene or identifying reproduction thereof if it be act, if the work be a motion-picture a work of art or a plastic work or drawphotoplay; of a photographic print if ing. But the privilege of registration of the work be a photograph; of a title and copyright secured hereunder shall not description, with not less than two prints exempt the copyright proprietor from taken from different sections of a com- the deposit of copies under sections plete motion picture, if the work be a twelve and thirteen of this Act where motion picture other than a photo- the work is later reproduced in copies play; or of a photograph or other identi- for sale. fying reproduction thereof, if it be a work of art or a plastic work or drawing. But the privilege of registration of copyright secured hereunder shall not exempt the copyright proprietor from the deposit of copies, under sections 13 and 14 of this title, where the work is later reproduced in copies for sale.

As amended by act August 24, 1912 (ch. 356, 37 Stat. 488)

SEC. 11. That copyright 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

PROPOSED LAW

EXISTING LAW (TO BE REPEALED)

Act to amend and consolidate the Acts respecting copyright," approved March fourth, nineteen hundred and nine, be, and the same is hereby, amended so as to read as follows:

"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, or if the work is by an author who is a citizen or subject of a foreign state or nation and has been published in a foreign country, one complete copy of the best edition then published in such foreign country, which copies or copy, 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 the 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."

Act March 4, 1909 (ch. 320, sec. 13, 35 Stat. 1078 (17 U. S. C., 1940 ed., sec. 13))

14. SAME; FAILURE ΤΟ DEPOSIT; SEC. 13. That should the copies called DEMAND; PENALTY.-Should the copies for by section twelve of this Act not be called for by section 13 of this title not promptly deposited as herein provided, be promptly deposited as provided in the register of copyrights may at any this title, the Register of Copyrights time after the publication of the work, may at any time after the publication upon actual notice, require the proof the work, upon actual notice, prietor of the copyright to deposit require the proprietor of the copyright them, and after the said demand shall to deposit them, and after the said have been made, in default of the deposit demand shall have been made, in default of copies of the work within three of the deposit of copies of the work months from any part of the United within three months from any part of States, except an outlying territorial the United States, except an outlying possession of the United States, or territorial possession of the United within six months from any outlying States, or within six months from any territorial possession of the United outlying territorial possession of the United States, or from any foreign country, the proprietor of the copyright shall be liable to a fine of $100 and to

H. Repts., 79–1, vol. 1- -57

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

PROPOSED LAW

pay to the Library of Congress twice the amount of the retail price of the best edition of the work, and the copyright shall become void.

§ 15. SAME; POSTMASTER'S RECEIPT;

TRANSMISSION BY MAIL WITHOUT COST.

The postmaster to whom are delivered the articles deposited as provided in sections 12 and 13 of this title shall, if requested, give a receipt therefor and shall mail them to their destination without cost to the copyright claimant.

IN

EXISTING LAW (TO BE REPEALED)

twice the amount of the retail price of the best edition of the work, and the copyright shall become void.

Act March 4, 1909 (ch. 320, sec. 14, 35 Stat. 1078 (17 U. S. C., 1940 ed., sec. 14))

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.

Act March 4, 1909 (ch. 320, sec. 15, 35 Stat. 1078 (17 U. S. C., 1940 ed., sec. 15))

§ 16. MECHANICAL WORK TO BE DONE SEC. 15. That of the printed book or UNITED STATES.-Of the printed periodical specified in section five, subbook or periodical specified in section 5, sections (a) and (b) of this Act, except subsections (a) and (b), of this title, the original text of a book of foreign except the original text of a book of origin in a language or languages other foreign origin in a language or languages than English, the text of all copies other than English, the text of all copies accorded protection under this Act, accorded protection under this title, except as below provided, shall be except as below provided, shall be printed from type set within the limits printed from type set within the limits of the United States, either by hand or of the United States, either by hand or by the aid of any kind of typesetting by the aid of any kind of typesetting machine, or from plates made within the machine, or from plates made within the limits of the United States from type limits of the United States from type set therein, or, if the text be produced set therein, or, if the text be produced by lithographic process, or photoby lithographic process, or photoen- engraving process, then by a process graving process, then by a process wholly performed within the limits of wholly performed within the limits of the United States, and the printing of the United States, and the printing of the text and binding of the said book the text and binding of the said book shall be performed within the limits of shall be performed within the limits of the United States; which requirements the United States; which requirements shall extend also to the illustrations shall extend also to the illustrations within a book consisting of printed text within a book consisting of printed text and illustrations produced by lithoand illustrations produced by litho- graphic process, or photoengraving graphic process, or photoengraving process, and also to separate lithographs process, and also to separate litho- or photo-engravings, except where in graphs or photoengravings, except where either case the subjects represented are in either case the subjects represented located in a foreign country and illusare located in a foreign country and trate a scientific work or reproduce a illustrate a scientific work or reproduce work of art; but they shall not apply to a work of art: Provided, however, That works in raised characters for the use of said requirements shall not apply to the blind, or to books of foreign origin works in raised characters for the use of in a language or languages other than the blind, or to books of foreign origin English, or to books published abroad in a language or languages other than in the English language seeking ad English, or to books published abroad interim protection under this Act.