§ 17. PROPOSED LAW EXISTING LAW (TO BE REPEALED) Act March 4, 1909 (ch. 320, sec. 16, 35 Stat. 1079 (17 U. S. C., 1940 ed., sec. 16)). AFFIDAVIT TO ACCOMPANY SEC. 16. That in the case of the book COPIES. In the case of the book the the copies so deposited shall be accomcopies so deposited shall be accompanied panied by an affidavit, under the official by an affidavit under the official seal of seal of any officer authorized to adany officer authorized to administer minister oaths within the United States, oaths within the United States, duly duly made by the person claiming made by the person claiming copyright copyright or by his duly authorized or by his duly authorized agent or agent or representative residing in the representative residing in the United United States, or by the printer who has States, or by the printer who has printed the book, setting forth that the printed the book, setting forth that the copies deposited have been printed from copies deposited have been printed from type set within the limits of the United type set within the limits of the United States or from plates made within the States or from plates made within the limits of the United States from type limits of the United States from type set set therein; or, if the text be produced therein; or, if the text be produced by by lithographic process, or photo-enlithographic process, or photoengraving graving process, that such process was process, that such process was wholly wholly performed within the limits of performed within the limits of the the United States, and that the printing United States and that the printing of of the text and binding of the said book the text and binding of the said book have also been performed within the have also been performed within the limits of the United States. Such limits of the United States. Such affi- affidavit shall state also the place where davit shall state also the place where and the establishment or establishments and the establishment or establishments in which such type was set or plates in which such type was set or plates were made or lithographic process, or were made or lithographic process, or photo-engraving process or printing and photoengraving process or printing and binding were performed and the date of binding were performed and the date of the completion of the printing of the the completion of the printing of the book or the date of publication. book or the date of publication. § 18. MAKING FALSE AFFIDAVIT.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 $1,000, and all of his rights and privileges under said copyright shall thereafter be forfeited. § 19. NOTICE; FORM.-The notice of copyright required by section 10 of this title shall consist either of the word "Copyright" or the abbreviation "Copr.", accompanied by the name of the copyright proprietor, and 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. In the case, however, of copies of works specified in subsections (f) to (k), inclusive, Act March 4, 1909 (ch. 320, sec. 17, 35 Stat. 1079 (17 U. S. C., 1940 ed., sec. 17)) 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. Act June 18, 1874 (ch. 301, sec. 1, 18 Stat. 78 (17 U. S. C., 1940 ed., sec. 18)) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title page or the page immediately following, if it be a book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, . PROPOSED LAW EXISTING LAW (TO BE REPEALED) of section 5 of this title, the notice may or model or design intended to be perconsist of the letter C ́enclosed within fected and completed as a work of the a circle, thus, accompanied by the fine arts, by inscribing upon some initials, monogram, mark, or symbol of visible portion thereof, or of the subthe copyright proprietor: Provided, stance on which the same shall be That on some accessible portion of such mounted, the following words, viz: copies or of the margin, back, perma- "Entered according to act of Congress, nent base, or pedestal, or of the sub- in the year -, by A. B., in the office stance on which such copies shall be of the Librarian of Congress, at Washmounted, his name shall appear. But ington"; or,, at his option the word in the case of works in which copyright "Copyright," together with the year was subsisting on July 1, 1909, the the copyright was entered, and the notice of copyright may be either in name of the party by whom it was one of the forms prescribed herein or taken out; thus-"Copyright, 18—, by may consist of the following words: A. B." "Entered according to Act of Congress, in the year by A. B., in the office of the Librarian of Congress, at Washington"; or, at his option, the word "Copyright", together with the year the copyright was entered and the name of the party by whom it was taken out; thus, "Copyright, 19, by A. B." As affected by act March 4, 1909 (ch. 320, sec. 18, 35 Stat. 1079) 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.", accompanied by the name of the copyright proprietor, and 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. In the case, however, of copies of works specified in subsections (f) to (k), inclusive, of section five of this Act, the notice may consist of the letter C inclosed within a circle, thus: , accompanied by the initials, monogram, mark, or symbol of the copyright proprietor: 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. 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. Act March 4, 1909 (ch. 320, sec. 19, 35 Stat. 1079 (17 U. S. C., 1940 ed., sec. 19)) § 20. SAME; PLACE OF APPLICATION SEC. 19. That the notice of copyright OF; ONE NOTICE IN EACH VOLUME OR shall be applied, in the case of a book NUMBER OF NEWSPAPER OR PERIODI or other printed publication, upon its CAL. The notice of copyright shall be title-page or the page immediately applied, in the case of a book or other following, or if a periodical either upon printed publication, upon its title page the title-page or upon the first page of or the page immediately following, or if text of each separate number or under a periodical either upon the title page the title heading, or if a musical work or upon the first page of text of each either upon its title-page or the first separate number or under the title page of music: Provided, That one heading, or if a musical work either notice of copyright in each volume or upon its title page or the first page of in each number of a newspaper or pemusic. One notice of copyright in riodical published shall suffice. each volume or in each number of a newspaper or periodical published shall suffice. PROPOSED LAW 21. SAME; EFFECT OF ACCIDENTAL OMISSION FROM COPY OR COPIES. Where the copyright proprietor has copy OF § 22. AD INTERIM PROTECTION BOOK PUBLISHED ABROAD. In the case of a book first published abroad in the English language, the deposit in the copyright office, not later than sixty days after its publication abroad, of one complete copy of the foreign edition, with a request for the reservation of the copyright and a statement of the name and nationality of the author and of the copyright proprietor and of the date of publication of the said book, shall secure to the author or proprietor an ad interim copyright, which shall have all the force and effect given to copyright by this title, and shall endure until the expiration of four months after such deposit in the copyright office. EXISTING LAW (TO BE REPEALED) Act March 4, 1909 (ch. 320, sec. 20, 35 Stat. 1080 (17 U. S. C., 1940 ed., sec. 20)) SEC. 20. 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. *35 Act March 4, 1909 (ch. 320, sec. 21, Stat. 1080 (17 U. S. C., 1940 ed., sec. 21)) SEC. 21. That in the case of a book published abroad in the English language before publication in this country, the deposit in the copyright office, not later than thirty days after its publication abroad, of one complete copy of the foreign edition, with a request for the reservation of the copyright and a statement of the name and nationality of the author and of the copyright proprietor and of the date of publication of the said book, shall secure to the author or proprietor an ad interim copyright, which shall have all the force and effect given to copyright by this Act, and shall endure until the expiration of thirty days after such deposit in the copyright office. As amended by act December 18, 1919 (ch. 11, 41 Stat. 369) SEC. 21. That in the case of a book first published abroad in the English language on or after the date of the President's proclamation of peace, the deposit in the copyright office, not later than sixty days after its publication abroad, of one complete copy of the foreign edition, with a request for the reservation of the copyright and a statement of the name and nationality of the author and of the copyright proprietor and of the date of publication of the said book, shall secure to the author or proprietor an ad interim copyright, which shall have all the force and effect given to copyright by this Act, and shall endure until the expiration of four months after such deposit in the copyright office. PROPOSED LAW 23. SAME; EXTENSION то FULL TERM. Whenever within the period of such ad interim protection an authorized edition of such book shall be published within the United States, in accordance with the manufacturing provisions specified in section 16 of this title, and whenever the provisions of this title as to deposit of copies, registra tion, filing of affidavit, and the printing of the copyright notice shall have been duly complied with, the copyright shall be extended to endure in such book for the term provided in this title. § 24. DURATION; RENEWAL AND EXTENSION. The copyright secured by this title shall endure for twenty-eight years from the date of first publication, whether the copyrighted work bears the author's true name or is published anonymously or under an assumed name: Provided, That in the case of any posthumous work or of any periodical, cyclopedic, or other composite work upon which the copyright was originally secured by the proprietor thereof, or of any work copyrighted by a corporate body (otherwise than as assignee or licensee of the individual author) or by an employer for whom such work is made for hire, the proprietor of such copyright shall be entitled to a renewal and extension of the copyright in such work for the further term of twentyeight years when application for such renewal and extension shall have been made to the copyright office and duly registered therein within one year prior to the expiration of the original term of copyright: And provided further, That in the case of any other copyrighted work, including a contribution by an individual author to a periodical or to a cyclopedic or other composite work, the author of such work, if still living, or the widow, widower, or children of the author, if the author be not living, or if such author, widow, widower, or children be not living, then the author's executors, or in the absence of a will, his next of kin shall be entitled to a renewal and extension of the copyright in such work for a further term of twenty-eight years when application for such renewal and extension shall have been made to the copyright office and duly registered therein within one year prior to the expiration of the original term of copyright: And provided further, That in default of the registration of EXISTING LAW (TO BE REPEALED) Act March 4, 1909 (ch. S20, sec. 22, 35 Stat. 1080 (17 U. S. C., 1940 ed., sec. 28)) SEC. 22. That whenever within the period of such ad interim protection an authorized edition of such book shall be published within the United States, in accordance with the manufacturing provisions specified in section fifteen of this Act, and whenever the provisions of this Act as to deposit of copies, registration, filing of affidavit, and the printing of the copyright notice shall have been duly complied with, the copyright shall be extended to endure in such book for the full term elsewhere provided in this Act. Act March 4, 1909 (ch. 320, sec. 23, 35 Stat. 1080 (17 U. S. C., 1940 ed., sec. 23)) SEC. 23. That the copyright secured by this Act shall endure for twentyeight years from the date of first publication, whether the copyrighted work bears the author's true name or is published anonymously or under an assumed name: Provided, That in the case of any posthumous work or of any periodical, cyclopedic, or other composite work upon which the copyright was originally secured by the proprietor thereof, or of any work copyrighted by a corporate body (otherwise than as assignee or licensee of the individual author) or by an employer for whom such work is made for hire, the proprietor of such copyright shall be entitled to a renewal and extension of the copyright in such work for the further term of twenty-eight years when application for such renewal and extension shall have been made to the copyright office and duly registered therein within one year prior to the expiration of the original term of copyright: And provided further, That in the case of any other copyrighted work, including a contribution by an individual author to a periodical or to a cyclopedic or other composite work when such contribution has been separately registered, the author of such work, if still living, or the widow, widower, or children of the author, if the author be not living, or if such author, widow, widower, or children be not living, then the author's executors, or in the absence of a will, his next of kin shall be entitled to a renewal and extension of the copyright in such work for a further term of twenty-eight years when application for such renewal and extension shall have been made to the copyright office and duly registered therein within one year prior to the expiration of the original term of copyright: And provided further, That in PROPOSED LAW such application for renewal and extension, the copyright in any work shall determine at the expiration of twentyeight years from first publication. [Section omitted as obsolete.] EXISTING LAW (TO BE REPEALED) default of the registration of such application for renewal and extension, the copyright in any work shall determine at the expiration of twenty-eight years from first publication. As amended by act March 15, 1940 (ch. 57, 54 Stat. 51) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 23 of the Act of March 4, 1909 (35 Stat. 1080; U. S. C., title 17, sec. 23), is hereby amended by deleting from the second proviso clause thereof the words "when such contribution has been separately registered". Act March 4, 1909 (ch. 320, sec. 24, 35 Stat. 1080 (17 U. S. C., 1940 ed., sec. 24)) SEC. 24. That the copyright subsisting in any work at the time when this Act goes into effect may, at the expiration of the term provided for under existing law, be renewed and extended by the author of such work if still living, or the widow, widower, or children of the author, if the author be not living, or if such author, widow, widower, or children be not living, then y the author's executors, or in the absence of a will, his next of kin, for a further period such that the entire term shall be equal to that secured by this Act, including the renewal period: Provided, however, That if the work be a composite work upon which copyright was originally secured by the proprietor thereof, then such proprietor shall be entitled to the privi lege of renewal and extension granted under this section: Provided, That application for such renewal and extension shall be made to the copyright office and duly registered therein within one year prior to the expiration of the existing term. As affected by Revised Statutes 4953 SEC. 4953. Copyrights shall be granted for the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed. As affected by act March 4,1909 (ch. 320, sec. 64, 35 Stat. 1088) SEC. 64. That this Act shall go into effect on the first day of July, nineteen hundred and nine. |