Lapas attēli
PDF
ePub

PROPOSED Law

EXISTING LAW (TO BE REPEALED) the registration of claims to copyright properly presented, in all prints and properly presented, in all prints and labels published in connection with the labels published in connection with the sale or advertisement of articles of mersale or advertisement of articles of mer- chandise, including all claims to copychandise, including all claims to copy- right in prints and labels pending in the right in prints and labels pending Patent Office and uncleared at the close Patent Office and uncleared at the close of business June 30, 1940. All such of business June 30, 1940. There shall pending applications and all fees which be paid for registering a claim of copy- have been submitted or paid to or into right in any such print or label not a the Patent Office for such pending applitrade-mark $6, which sum shall cover cations, and all funds deposited and at the expense of furnishing a certificate the close of business June 30, 1940, held of such registration, under the seal of in the Patent Office to be applied to the Copyright Office, to the claimant copyright business in that Office, shall of copyright.

be returned by the Commissioner of Patents to the applicants. There shall be paid for registering a claim of copyright in any such print or label not a trade-mark $6, which sum shall cover the expense of furnishing a certificate of such registration, under the seal of the Copyright Office, to the claimant of copyright.

Act March 4, 1909 (ch. 320, sec. 6, 35

Stat. 1077 (17 U. S. C., 1940 ed., sec. 6))

87. COPYRIGHT ON COMPILATIONS OF Sec. 6. That compilations or abridgeWORKS IN PUBLIC DOMAIN OR OF COPY- ments, adaptations, arrangements, RIGHTED WORKS; SUBSISTING COPY, dramatizations, translations, or other RIGHTS NOT AFFECTED. -Compilations versions of works in the public domain, or abridgments, adaptations, arrange- or of copyrighted works when produced ments, dramatizations, translations, or with the consent of the proprietor of the other versions of works in the public copyright in such works, or works domain or of copyrighted works when republished with new matter, shall be produced with the consent of the pro- regarded as new works subject to copyprietor of the copyright in such works, right under the provisions of this Act; or works republished with new matter, but the publication of any such new shall be regarded as new works subject works shall not affect the force or to copyright under the provisions of this validity of any subsisting copyright title; but the publication of any such upon the matter employed or any part new works shall not affect the force or thereof, or be construed to imply an validity of any subsisting copyright exclusive right to such use of the upon the matter employed or any part original works, or to secure or extend thereof or be construed to imply an copyright in such original works. exclusive right to such use of the original works or to secure or extend copyright in such original works.

Act March 4, 1909 (ch. 320, sec. 7, 35 Stat. 1077 (17 U. S. 'C., 1940

ed., sec. 7)) 8 8. COPYRIGHT NOT TO SUBSIST IN Sec. 7. That no copyright shall subWORKS IN PUBLIC DOMAIN, OR PUBLISHED sist in the original text of any work PRIOR TO JULY 1, 1909, AND NOT ALREADY which is in the public domain, or in any COPYRIGHTED, GOVERNMENT PUB- work which was published in this LICATIONS; PUBLICATION GOVERN- country or any foreign country prior to MENT OF COPYRIGHTED MATERIAL.--No the going into effect of this Act and has copyright shall subsist in the original not been already copyrighted in the text of any work which is in the public United States, or in any publication of domain, or in any work which was pub- the United States Government, or any lished in this country or any foreign reprint, in whole or in part, thereof: country prior to July 1, 1909, and has Provided, however, That the publication not been already copyrighted in the or republication by the Government,

OR

BY

[graphic]

PROPOSED LAW

Existing Law (To Be REPEALED) United States, or in any publication of either separately or in a public docuthe United States Government, or any ment, of any material in which copyreprint, in whole or in part, thereof: right is subsisting shall not be taken to Provided, That copyright may be se- cause any abridgement or annulment cured by the Postmaster General on of the copyright or to authorize any use behalf of the United States in the whole or appropriation of such copyright or any part of the publication authorized material without the consent of the by section 371 of title 39 (Act June 27, copyright proprietor. 1938, ch. 10, § 1, 52 Stat. 6).

The publication or republication by As affected by last proviso of section 1 the Government, either separately or of act June 27, 1938 (ch. 10, 52 Stat. in a public document, of any material 6 (39 U. S. C., 1940 ed., sec. 371, last in which copyright is subsisting shall not proviso)) be taken to cause any abridgement or annulment of the copyright or to au- And provided further, That notwiththorize any use or appropriation of such standing the provisions of section 7 of copyright material without the consent the Copyright Act of March 4, 1909 of the copyright proprietor.

(U. S. C., 1934 edition, title 17, sec. 7), or any other provision of law, copyright may be secured by the Postmaster General on behalf of the United States in the whole or any part of the publication authorized by this section.

[ocr errors]
[ocr errors]
[blocks in formation]

PULJ TIVI !!

$ 9. AUTHORS OR PROPRIETORS, EN- SEC. 8. That the author or proprietor TITLED; ALIENS.—The author or pro- of any work made the subject of copyprietor of any work made the subject of right by this Act, or his executors, adcopyright by this title, or his executors, ministrators, or assigns, shall have copyadministrators, or assigns, shall have right for such work under the conditions copyright for such work under the con- and for the terms specified in this Act: ditions and for the terms specified in Provided, however, That the copyright this title: Provided, however, That the secured by this Act shall extend to the copyright secured by this title shall ex- work of an author or proprietor who is a tend to the work of an author or pro- citizen or subject of a foreign state or prietor who is a citizen or subject of a nation, only: foreign state or nation only:

(a) When an alien author or proprie- (a) When an alien author or proprietor shall be domiciled within the United tor shall be domiciled within the United States at the time of the first publica- States at the time of the first publication of his work; or

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

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.

PROPOSED LAW

EXISTING Law (To BE REPEALED)
As amended by act December 18, 1919

(ch. 11, 41 Stat. 369)
SEC. 8. That the author or proprietor
of any work made the subject of copy-
right by this Act, or his executors, ad-
ministrators, or assigns, shall have copy-
right 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 an alien author or proprie-
tor shall be domiciled within the United
States at the time of the first publication
of his work; 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 con- The existence of the reciprocal conditions aforesaid shall be determined by ditions aforesaid shall be determined by the President of the United States, by the President of the United States, by proclamation made from time to time, proclamation made from time to time, as the purposes of this title may require: as the purposes of this Act may require: Provided, That whenever the President Provided, however, That all works made shall find that the authors, copyright the subject of copyright by the laws of owners, or proprietors of works first the United States first produced or produced or published abroad and sub- published abroad after August 1, 1914, ject to copyright or to renewal of copy- and before the date of the President's right under the laws of the United proclamation of peace, of which the States, including works subject to ad authors or proprietors are citizens or interim copyright, are or may have been subjects of any foreign State or nation temporarily unable to comply with the granting similar protection for works conditions and formalities prescribed by citizens of the United States, the with respect to such works by the copy- existence of which shall be determined right laws of the United States, because by a copyright proclamation issued by of the disruption or suspension of facili- the President of the United States, ties essential for such compliance, he shall be entitled to the protection conmay by proclamation grant such ex- ferred by the copyright laws of the tension of time as he may deem appro- United States from and after the acpriate for the fulfillment of such condi- complishment, before the expiration of tions or formalities by authors, copy- fifteen months after the date of the right owners, or proprietors who are President's proclamation of peace, of citizens of the United States or who are the conditions and formalities prescribed nationals of countries which accord sub- with respect to such works by the copystantially equal treatment in this respect right laws of the United States: Proto authors, copyright owners, or pro- vided further, That nothing herein conprietors who are citizens of the United tained shall be construed to deprive any States: Provided further, That no liabil- person of any right which he may have ity shall attach under this title for law- acquired by the republication of such

[ocr errors][ocr errors]
[graphic]

PROPOSED LAW

Existing Law (To Be REPEALED) ful uses made or acts done prior to the foreign work in the United States prior effective date of such proclamation in to the approval of this Act. connection with such works, or in respect to the continuance for one year subse- As further amended by act September 25, quent to such date of any business un- 1941 (ch. 421, 55 Stat. 732) dertaking or enterprise lawfully undertaken prior to such date involving ex

Be it enacted by the Senate and House penditure or contractual obligation in of Representatives of the United States of connection with the exploitation, pro- America in Congress assembled, That duction, reproduction, circulation, or section 8 of the Act entitled "An Act performance of any such work.

to amend and consolidate the Acts reThe President may at any time termi- specting copyright," approved March 4, nate any proclamation authorized herein 1909, as amended, is hereby amended by or any part thereof or suspend or extend striking out the period at the end of its operation for such period or periods the section, inserting a colon and adding of time as in his judgment the interests “Provided,”, followed by the following of the United States may require.

paragraphs: “That whenever the President shall find that the authors, copyright owners, or proprietors of works first produced or published abroad and subject to copyright or to renewal of copyright under the laws of the United States, including works subject to ad interim copyright, are or may have been temporarily unable to comply with the conditions and formalities prescribed with respect to such works by the copyright laws of the United States, because of the disruption or suspension of facilities essential for such compliance, he may by proclamation grant such extension of time as he may deem appropriate for the fulfillment of such conditions or formalities by authors, copyright owners, or proprietors woh are citizens of the United States or who are nationals of countries which accord substantially equal treatment in this respect to authors, copyright owners, or proprietors who are citizens of the United States: Provided further, That no liability shall attach under the Copyright Act for lawful uses made or acts done prior to the effective date of such proclamation in connection with such works, or in respect to the continuance for one year subsequent to such date of any business undertaking or enterprise lawfully undertaken prior to such date involving expenditure or contractual obligation in connection with the exploitation, production, reproduction, circulation, or performance of any such work.

The President may at any time terminate any proclamation authorized herein or any part thereof or sụspend or extend its operation for such period or periods of time as in his judgment the interests of the United States may require.”

WORK

WITH

AND

PROPOSED LAW

Existing Law (To Be REPEALED)
Act March 4, 1909 (ch. 320, sec. 9, 35

Stat. 1077 (17 U. S. C., 1940 ed.,

sec. 9)) § 10. PUBLICATION OF

Sec. 9. That any person entitled NOTICE.-Any person entitled thereto thereto by this Act may secure copyby this title may secure copyright for right for his work by publication thereof his work by publication thereof with with the notice of copyright required by the notice of copyright required by this this Act; and such notice shall be affixed title; and such notice shall be affixed to to each copy thereof published or offered each copy thereof published or offered for sale in the United States by authorfor sale in the United States by author- ity of the copyright proprietor, except ity of the copyright proprietor, except in the case of books seeking ad'interim in the case of books seeking ad interim protection under section twenty-one of protection under section 22 of this title. this Act.

Act March 4, 1909 (ch. 320, sec. 10, 35

Stat. 1078 (17 U. S. C., 1940 ed.,'

sec. 10)) $ 11. REGISTRATION OF CLAIM

Sec. 10. That such person may obISSUANCE OF CERTIFICATE.-Such per- tain registration of his claim to copyright son may obtain registration of his claim by complying with the provisions of to copyright by complying with the pro- this Act, including the deposit of copies, visions of this title, including the deposit and upon such compliance the register of copies, and upon such compliance the of copyrights shall issue to him the Register of Copyrights shall issue to certificate provided for in section fiftyhim the certificates provided for in five of this Act. section 209 of this title.

Ac 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 draw- As amended by act August 24, 1912 (ch. ing. But the privilege of registration of

356, 37 Stat. 488) copyright secured hereunder shall not exempt the copyright proprietor from Sec. 11. That copyright may also be the deposit of copies, under sections 13 had of the works of an author, of which and 14 of this title, where the work is copies are not reproduced for sale, by later reproduced in copies for sale. the deposit, with claim of copyright, of

1

« iepriekšējāTurpināt »