Expressions of mechanical principles taking the form of the slide rule, revolving disk and like devices or other "instruments or tools of any kind" (Code of Federal Regulations of Copyright Office, 201.4 (7)) sometimes submitted for copyright registration as "books" are not registrable as such. This is also true with respect to words, figures, symbols, etc., essential to the operation of such devices and instructions concerning their use if physically incorporated in such devices.

Provided, That such instructions if not so incorporated and other material of itself copyrightable appearing on such instrument or tool but not essential to the operation thereof, will be registered in the Copyright Office if published with a copyright notice which does not purport to copyright the instrument or tool as such. (See Section 29 of the Copyright Act.)

(2) Periodicals. This term includes newspapers, magazines, reviews, and serial publications appearing oftener. than once a year; bulletins or proceedings of societies, etc., which appear regularly at intervals of less than a year; and, generally, periodical publications which would be registered as second-class matter at the post office. Serial publications which are not clearly "periodicals" should be registered as books and the application for registration should be accompanied by the required affidavit.

(3) Lectures, sermons, addresses. Lectures, sermons, addresses, or similar productions, prepared for oral delivery.

(4) Dramatic and dramatico-musical compositions. Dramatic and dramatico-musical compositions, such as dramas, comedies, operas, operettas, and similar works.

The designation "dramatic composition" does not include the following: Dances, motion-picture shows; stage settings or mechanical devices by which dramatic effects are produced, or "stage business"; animal shows, sleight-of-hand performances, acrobatic or circus tricks of any kind; scenarios for, or descriptions of motion pictures or of settings for the production of motion pictures. (These, however, when printed and published, may be registrable as "books.")

Dramatico-musical compositions include principally operas, operettas, and musical comedies, or similar productions which are to be acted as well as sung.

(5) Musical compositions. Musical compositions, including vocal and instrumental compositions, with or without words and separately published songs from operas and operettas, when not intended to be acted.

The words of a song printed alone should be registered as a "book," not as a "musical composition."

"Adaptations" and "arrangements" may be registered as new works under the provisions of section 6 (35 Stat. 1077; 17 U.S.C. 6). Registration may also be made under this section of "works republished with new matter," but this does not include mere "editing," "fingering," or "phrasing," which are not provided for in the Copyright Act.

(6) Maps. This term includes all cartographical works, such as terrestrial maps, plats, marine charts, star maps, but not diagrams, astrological charts, or landscapes.

(7) Works of art and models or designs for works of art. This term includes all works belonging fairly to the so-called fine arts. (Paintings, drawings, and sculpture.)

The protection of productions of the industrial arts utilitarian in purpose and character even if artistically made or ornamented depends upon action

under the patent law; but registration in the Copyright Office has been made to protect artistic drawings notwithstanding they may afterwards be utilized for articles of manufacture.

Toys, games, dolls, advertising novelties, instruments, or tools of any kind, glassware, embroideries, garments, laces, woven fabrics, or similar articles, are examples. The exclusive right to make and sell such articles should not be sought by copyright registration.

(8) Reproductions of works of art. This term refers to such reproductions (engravings, woodcuts, etchings, casts, etc.) as contain in themselves an artistic element distinct from that of the original work of art which has been reproduced.

(9) Drawings or plastic works of a scientific or technical character. This term includes diagrams or models illustrating scientific or technical works, architects' plans, designs for engineering work, relief maps, etc. (10) Photographs. This term covers all photographic prints, but not half tones or other photo-engravings.

(11) Prints and pictorial illustrations.

This term comprises printed

pictures, such as lithographs, photo-engravings, etc.

(12) Motion-picture photoplays.

(13) Motion pictures other than photoplays.

(c) Postal cards can not be copyrighted as such. The pictures thereon may be registered as "prints or pictorial illustrations” or as "photographs." Text matter on a postal card may be of such a character that it may be registered as a "book."

(d) Trade-marks can not be registered in the Copyright Office. Application should be made to the Commissioner of Patents.

(e) By virtue of Public Act No. 244-Seventy-sixth Congress-approved July 31, 1939, jurisdiction over commercial prints and labels for the purpose of copyright registration was transferred to the Register of Copyrights effective July 1, 1940.

201.5-How to secure registration. Copyright registration may be secured for:

201.6-Unpublished works. Unpublished works are such as have not at the time of registration been printed or reproduced in copies for sale or been publicly distributed. They include only the works enumerated in section 11 (35 Stat. 1078; 17 U.S.C. 11): Lectures, sermons, addresses, or similar productions for oral delivery; dramatic, musical, and dramaticomusical compositions; photographs; works of art (paintings, drawings, and sculptures); plastic works; motion-picture photoplays; and motion pictures other than photoplays.

In order to secure copyright in such unpublished works, the following steps are necessary:

(a) In the case of lectures, sermons, addresses, and dramatic, musical, and dramatico-musical compositions, deposit one complete copy of the work. This copy (which may be written or typewritten) should be in convenient form, clean and legible, the leaves securely fastened together, and should bear the title of the work corresponding to that given in the application. The entire work in each case should be deposited. It is not sufficient to

deposit a mere outline or epitome, or, in the case of a play, a mere scenario, or a scenario with the synopsis of the dialogue.

(b) In the case of unpublished photographs, deposit one copy of the work. (Photo-engravings or photogravures are not photographs within the meaning of this provision.)

(c) In the case of works of art, models or designs for works of art, or drawings or plastic works of a scientific or technical character, deposit a photograph or other identifying reproduction.

(d) In the case of motion-picture photoplays, deposit a title and description, with one print taken from each scene or act.

(e) In the case of motion pictures other than photoplays, deposit a title and description, with not less than two prints taken from different sections of the complete motion picture.

In each case the deposited article must be accompanied by a claim of copyright (an application for registration) and a money order for the amount of the statutory fee.

(f) Any work which has been registered under section 11, if published, i. e., reproduced in copies for sale or distribution, must be deposited a second time (accompanied by an application for registration and the statutory fee) in the same manner as is required in the case of works published in the first place. [Rules 19-23]

201.7-Published works-(a) Deposit of copies. Promptly after first publication of the work with the copyright notice inscribed, two complete copies (or one copy if the work is by a foreign author and has been first published in a foreign country) of the best edition of the work then published must be sent to the Copyright Office, with a proper application for registration correctly filled out and a money order for the amount of the legal fee.

The statute requires that the deposit of the copyright work shall be made "promptly," which has been defined as "without unnecessary delay." It is not essential, however, that the deposit be made on the very day of publication.

Provided, that if copies in the form prescribed by Section 12 and by this Rule are deposited prior to the date of publication, they will be retained to await the date of publication, and registration will be made on receipt of a corresponding application for registration duly executed, and the prescribed fee.

(b) Definition. Published works are such as are printed or otherwise produced and "placed on sale, sold, or publicly distributed." Works intended for sale or general distribution should first be printed with the statutory form of copyright notice inscribed on every copy published or offered for sale in the United States.

The following works cannot be registered until after they have been published: Books, periodicals, maps, prints and pictorial illustrations. [Rules 24, 25]

201.8-Notice of copyright-(a) Ordinary form. The ordinary form of copyright notice for books, periodicals, dramatic and musical compositions is "Copyright, 19.. (the year of publication), by A. B. (the name of the claimant)." The name of the claimant printed in the notice should be the real name of a living person, or his trade name if he always uses one, or the name of the firm or corporation claiming to own the copyright.

(b) Maps, photographs, etc. In the case of maps, photographs, reproductions of works of art, prints or pictorial illustrations, works of art, models or designs for works of art, and plastic works of a scientific or technical character, 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. But in such cases the name itself of the proprietor must appear on some accessible portion of the work, or on the mount of the picture or map, or on the margin, back, permanent base or pedestal of the work.

(c) Foreign books printed abroad seeking ad interim protection. The prescribed notice must be affixed to each copy of the work published or offered for sale in the United States. But no notice is required in the case of foreign books printed abroad seeking ad interim protection in the United States, as provided in section 21 of the Copyright Act (35 Stat. 1080; 17 U. S. C. 21). [Rules 26, 28]

201.9-American manufacture of copyright books. The following works must be manufactured in the United States in order to secure copyright:

(a) All "books" in the English language and books in any language by a citizen or domiciled resident of the United States must 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 therein, or, if the text of such books be produced by lithographic process or photo-engraving process, then by a process wholly performed within the limits of the United States; and the printing of the text and binding of the book must be performed within the limits of the United States; but see amendatory Act of July 3, 1926 (41 Stat. 368; 17 U. S. C. 8, 21).

(b) All illustrations within a book produced by lithographic process or photo-engraving process and all separate lithographs or photo-engravings must be produced by lithographic or photo-engraving process wholly performed within the limits of the United States, except when the subjects represented in such illustrations in a book or such separate lithographs or photo-engravings "are located in a foreign country and illustrate a scientific work or reproduce a work of art." [Rule 29]

201.10-Books in foreign languages; ad interim term of copyright. Books by foreign authors in any language other than English are not required to be printed in the United States.

In the case of books printed abroad in the English language an ad interim term of copyright of 4 months from registration made in the Copyright Office within 60 days after publication abroad may be secured; but in order to extend the copyright to the full term of protection, an edition of the work must be published in the United States within the 4 months ad interim term, printed or produced within the limits of the United States as required in section 15 of the Copyright Act (35 Stat. 1078; 17 U. S. C. 15). [Rule 30]

201.11-Application for registration. The application for copyright registration required to be sent with each work must state the following facts: (a) The name, nationality, and exact address of the claimant of copyright.

(b) The name of the country of which the author of the work is a citizen or subject.

(c) The title of the work.

(d) The name and address of person to whom certificate is to be sent.

(e) In the case of works reproduced in copies for sale or publicly distributed, the actual date (year, month, and day) when the work was published.

In addition, it is desirable that the application should state for record the name of the author. If, however, the work is published anonymously or under a pseudonym and it is not desired to place on record the real name of the author, this may be omitted. By the nationality of the author is meant citizenship, not race; a person naturalized in the United States should be described as a citizen. An author, a citizen of a foreign country having no copyright relations with the United States, may only secure copyright in this country, if at the time of publication of his work he is domiciled in the United States. The fact of such domicile in the United States should be expressly stated in the application, including a statement of this place of domicile. Care should be taken that the title of the work, the name of the author, and the name of the copyright claimant should be correctly stated in the application, and that they should agree exactly with the same statements made in the work itself. [Rules 31, 32]

201.12-Application forms. The Copyright Office has issued the following application forms, which will be furnished on request, and should be used when applying for copyright registration:

A1. New book printed and published for the first time in the United States.

A2. Book reprinted in the United States with new copyright matter.

A3. Book by foreign author in foreign language.

A4. Ad interim copyright for 4 months for book published abroad in the English language.

A5. Contribution to a newspaper or periodical.

A6. Serial republished as book with new matter.

A7. Book produced by other process than printing.
B1. Periodical. For registration of single issue.
B2. Periodical. For use with trust fund.

C. Lecture, sermon, or address.

D1. Published dramatic composition.

D2. Dramatic composition not reproduced for sale.

D3. Published dramatico-musical composition.

D4. Unpublished dramatico-musical composition.

E. New musical composition published for the first time.

E1. Musical composition republished with new copyright matter.

E2. Musical composition not reproduced for sale.

E3. Musical composition not reproduced for sale with new matter.

F. Published map.

G. Design for work of art reproduced in copies for sale.

G1. Work of art reproduced in copies for sale.

G2. Work of art or design for work of art not reproduced in copies for sale. Reproduction of a work of art.

H.

11. Published drawing or plastic work of a scientific or technical character. Unpublished drawing or plastic work of a scientific or technical character. Photograph published for sale.

12.

J1.

J2.

Photograph not reproduced for sale.

K. Print or pictorial illustration.

KK. Commercial print or label.

L1. Motion-picture photoplay reproduced for sale.

L2. Motion-picture photoplay not reproduced for sale.

M1. Motion picture, not a photoplay, reproduced for sale.

M2. Motion picture, not a photoplay, not reproduced for sale.

R.

Renewal of a copyright for 28 years.

RR. Renewal for commercial print or label.

U. Notice of use of music on mechanical instruments.

[Rule 33]

201.13-Affidavit of manufacture. In the case of books by American