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may be found. The new provision “or in which he may be found” was inserted for the reason that to limit the institution of actions to the district of which the defendant is an inhabitant would fail to reach the case of an infringer of the copyright of dramatic works or of city directories, etc., who travels from State to State and whose real habitation it might be difficult to locate.

Section 36 practically reenacts section 4966 of the Revised Statutes, as amended by the act of January 6, 1897, except for one important change. The act of January 6, 1897, provides that the defendants, or any or either of them, may make a motion in any other circuit in which he or they may be engaged in performing or representing a dramatic or musical composition to dissolve or set aside an injunction. That provision has been omitted in this bill for reasons which are well stated in a report to the American Bar Association of its committee of copyright:

For some reason the act of 1897 provided (and this provision has been repeated) that where a defendant was brought before a circuit court in the district where the violation of the injunction was alleged to have been committed, that he might not only excuse his contempt, if he could, but he might also, at the same time and before the same court, move to dissolve the original injunction. If the court was satisfied that, although the defendant was in contempt of the original injunction, the original injunction should never have been granted, the court hearing the motion for contempt was given the power to dissolve the original injunction, and thus reverse the decision of the original trial court, not on appeal, but on a motion from the defendant remote from the place of the original trial, in the absence of the evidence presented at the original trial, before a different judge, in a different court, and under circumstances and conditions which would make it quite impossible that the judge asked to dissolve the injunction could have as complete, intelligent, and satisfactory a comprehension of the situation as the original court which granted the injunction.

Section 37 is a reenactment of a provision found in the act of January 6, 1897, with the omission of the words “to dissolve."

Section 38 is a reenactment of section 699 of the Revised Statutes.

Section 39 is a reenactment of section 4968 of the Revised Statutes, except that the time limit for the bringing of proceedings is made three years instead of two.

Section 40 reenacts section 972 of the Revised Statutes. The provision for full costs, which is found in the existing law, is necessary in view of the provisions of section 968 of the Revised Statutes, for under that statute when a plaintiff brings an action in a circuit court and recovers less than the sum or value of $500, exclusive of costs, in a case which can not be brought there unless the amount in dispute, exclusive of costs, exceeds said sum or value, he shall not be allowed, but at the discretion of the court shall be adjudged to pay, costs. This section further provides that the court may award to the prevailing party a reasonable counsel fee as part of the costs.

Section 41 is not intended to change in any way existing law, but simply to recognize the distinction, long established, between the material object and the right to produce copies thereof. The concluding clause in the section, that “nothing in this act shall be deemed to forbid, prevent, or restrict the transfer of any copy of a work copyrighted under this act the possession of which has been lawfully obtained,” is inserted in order to make it clear that there is no intention to enlarge in any way the construction to be given to the word “vend” in the first section of the bill. Your committee feel that it would be most unwise to permit the copyright proprietor to exercise any control whatever over the article which is the subject of copyright after said proprietor has made the first sale.

Section 42 deals with the matter of the transfer of the copyright. Some doubt has been expressed as to the right to convey a copyright in mortgage. Your committee saw no reason why such a right should not be recognized.

Section 43 refers to assignments executed in foreign countries. It was thought better in such case to provide that the assignment should be acknowledged before a consular officer or secretary of legation of the United States and that the certificate of such acknowledgment should be made prima facie evidence of the execution of the instrument.

Section 44 provides for the recording of such assignments and makes such record constructive notice.

Section 45 provides for the issuing of a certificate under the seal of the 'copyright office.

Section 46 allows the purchaser of the copyright to substitute his name for the name of the author in the notice, and is new legislation.

Section 47 reenacts, with slight change of phraseology, section 4948 of the Revised Statutes.

Section 48 reenacts existing law, but increases the salary of the register of copyrights, which is now at the rate of $3,000 per annum, to $4,000, and the assistant register of copyrights from $2,500 per annum to $3,000 per annum, 10 and specifically authorizes by law the librarian to appoint such subordinate assistants to the register as may from time to time be authorized by law.

Section 49 is new legislation and provides for the deposit of all moneys received by the register and a monthly report of the same and permits the register to deposit in the Treasury annually any sums received which it has not been possible to apply as copyright fees or to return to the remitters.

Section 50 changes existing law by providing that the bond now given by the register of copyrights to the librarian shall be given to the United States.

Section 51 simply provides for the making and printing of an annual report.

Section 52 continues in use the present seal of the copyright office.

Section 53 provides for the making of rules and regulations and does not confer upon the register any judicial functions.

Section 54 provides for the keeping of record books and to make entry in said books of all deposits of copies or works.

Section 55 11 is an administrative section covering the work of the copyright office under this act, and provides for the form and issuance of a certificate and that said certificate shall be deemed in any court as prima facie evidence of the facts stated therein.

Section 56 provides for fully indexing all copyright registrations and assignments and the printing at periodic intervals of a catalogue of the titles of articles deposited and registered, and such catalogues of copyright entries and the index volumes shall be deemed in any court as prima facie evidence of the facts stated therein as regards any copyright registration. The section further provides that the register of copyrights, if he deem it expedient, may then destroy the original manuscript and catalogue cards.

Ed. Note-Salaries regulated now by the Reclassification Act.
Ed. Note-Amended by Act of March 2, 1913.


Section 57 12 provides for the distribution to the collectors of customs and to the postmasters of all offices receiving foreign mails copies of such catalogues, and provides for the sale to parties desiring them of copies of such catalogues. All money derived from such sales must, under this section, be accounted for and paid into the Treasury of the United States.

Section 58 provides that the public may have the right to inspect the record books and works deposited in the copyright office and may make copies of entries made in such record books.

Section 59 provides for a transfer of books and other articles not needed in the copyright office to certain government libraries.

Section 60 is inserted for the following reason: The Librarian of Congress states that the volume of the copyright deposits is now enormous and more than 200,000 articles a year are now being added to the great accumulation. Many of these aticles are valuable to the library and are used by it. The rest remain in the cellar, and the accumulations there number two millions of articles. There are many articles there that would be useful in other government libraries. Some might be used in exchange for other articles. The remainder are a heavy charge upon the Government for storage and care, without any corresponding benefit.

The impression that the deposited articles are a part of the record and are necessary evidence of the thing copyrighted is not well founded. In the last thirty-eight years there have been only five cases in which articles deposited have been taken into court, and it is said that in none of these cases was there any necessity for such use of the deposited article. It is believed by your committee that the suggestions of the Librarian of Congress embodied in these two sections are wise ones and that the rights of all parties interested are carefully safeguarded.

Section 61 13 provides for fees. Under existing law the fee for recording title, etc., is 50 cents and the fee for the certificate, if called for, is also 50 cents. Section 61 provides for the issuing of a certificate as a matter of course and makes the fee just what it would be under existing law if the certificate was called for.

It was felt by your committee that this fee of $1 would be a burden to photographic establishments, which applied for many thousand copyrights, and so we provided that in the case of photographs the entire fee should be 50 cei unless a certificate was requested. Under existing law the fee for recording and certifying any instrument was $1. The provision in the present bill makes that fee depend upon the length of the instrument. Certain other fees, for search, etc., are new, as is the fee for recording notice required to be furnished by the provisions of the bill regarding the reproduction of music by mechanical means. The proviso regarding one registration fee in case of several volumes of any work is new, but is believed to be in the interest of the public.

Section 62 places an interpretation and construction upon the use of certain words.

Section 63, the repealing clause, allows actions now pending in the courts of the United States or actions which may be hereafter instituted for any infringement of a copyright committed before the passage of this act to be instituted, and in both such cases to be prosecuted to a conclusion in the manner heretofore provided by law. [Since replaced by new provision, U. S. Code, Title 17.]


Ed. Note--Amended by Act of May 23, 1928.
Ed. Note-Amended as to rate of fees by Act of May 23, 1928.

Regulations of the Copyright Office Chapter II, Title 37, of Code of Federal Regulations, as amended to October 1, 1941.


Sec. Method of securing copyright.

201.1 Who may secure copyright. 201.2 Registration.

201.3 Subject matter of copyright.. 201.4 How to secure registration. 201.5 Unpublished works.

201.6 Published works.

201.7 (a) Deposit of copies.

(b) Definition. Notice of copyright..

201.8 (a) Ordinary form. (b) Maps, photographs,

etc. (c) Foreign books printed

abroad seeking ad

interim protection. American manufacture of copyright books...

201.9 Books in foreign languages; ad interim term of


201.10 Application for registration... 201.11 Application forms.


Sec. Affidavit of manufacture.

201.13 Making of affidavit....

201.14 Who may make affidavit.

201.15 Affidavit for ad interim term.. 201.16 Periodicals (Form B).... 201.17 Contributions to periodicals (Form A5)

201.18 Ad interim applications (Form A4)

201.19 Mailing applications and copies.

201.20 Fees.

201.21 Assignment of copyright. 201.22

(a) Procedure.
(b) Fee.
(c) Substitution of assign-

ee's name.
Notice of

of musical compositions.

201.23 Application for the renewal

of subsisting copyrights..... 201.24 (a) Renewal claimants.

(b) Fee. Searches.



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Registration of Claims to Copyright NOTE-$$201.1 to 201.25, inclusive, issued under the authority contained in sec. 53, 35 Stat. 1085; 17 U. S. C. 53. The source of $ $201.1 to 201.25, is Rules and Regulations for the Registration of Claims to Copyright, Library of Congress, November 1926, as amended to Oct. 1, 1941.

Section 201.1—Method of securing copyright. Copyright under the Act of Congress entitled: “An Act to amend and consolidate the Acts respecting copyright,” approved March 4, 1909 (35 Stat. 1075; 17 U. S. C. 1-65), is ordinarily secured by printing and publishing a copyrightable work with a notice of claim in the form prescribed by the statute. Registration can be made after such publication, but the statute expressly provides, in certain cases, for registration of manuscript works.' [Rule 1]

201.2—Who may secure copyright. The persons entitled by the Act to copyright protection for their works are:

(a) The author of the work if he is:
(1) A citizen of the United States, or

(2) An alien author domiciled in the United States at the time of the first publication of his work, or

(3) A citizen or subject of any country which 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. The existence of reciprocal copyright conditions is determined by presidential proclamation.

(b) The proprietor of a work. The word "proprietor” is here used to indicate a person who derives his title to the work from the author. If the author of the work should be a person who could not himself claim the benefit of the Copyright Act, the proprietor cannot claim it.

(c) The executors, administrators, or assigns of the above-mentioned author or proprietor. [Rule 2]

201.3—Registration. Promptly after the publication of any work entitled to copyright, the claimant of copyright should register his claim in the Copyright Office. An action for infringement of copyright cannot be maintained in court until the provisions with respect to the deposit of copies and registration of such work shall have been complied with.

A certificate of registration is issued to the claimant and duplicates thereof may be obtained on payment of the statutory fee of $1. [Rule 3]

201.4–Subject matter of copyright. (a) The Act provides that no copyright shall subsist in the original text of any work published prior to July 1, 1909, which has not been already copyrighted in the United States, “or in any publication of the United States Government, or any reprint, in whole or in part, thereof” (Sec. 7, 35 Stat. 1077; 17 U. S. C. 7).

(b) Section 5 of the Act (35 Stat. 1076; 17 U. S. C. 5) names the thirteen classes of works for which copyright may be secured, as follows:

(1) Books. This term includes "composite and cyclopaedic works, directories, gazetteers, and other compilations,” and, generally, all printed literary works (except dramatic compositions), whether published in the ordinary shape of a book or pamphlet, or printed as a leaflet, card, or single page. The term "book” as used in the law includes tabulated forms of information, frequently called charts; tables of figures showing the results of mathematical computations, such as logarithmic tables; interest, cost, and wage tables, etc.; single poems, and the words of a song when printed and published without music; descriptions of motion pictures or spectacles; catalogues; circulars or folders containing information in the form of reading matter, and literary contributions to periodicals or newspapers.

The term “book” cannot be applied to blank books for use in business or in carrying out any system of transacting affairs, such as record books, account books, memorandum ks, blank diaries or journals, bank leposit and check books; forms of contracts or leases which do not contain original copyrightable matter; coupons; forms for use in commercial, legal, or financial transactions, which are wholly or partly blank and whose value lies in their usefulness.

For the purpose of clarifying the above paragraph as well as numbered paragraph (7) of this Section:

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