CONSTRUCTION OF SPECIFIC SECTIONS OF
COPYRIGHT ACT-Contd.
§ 62, definition of "the date of pub- lication" not intended as a general definition of publi- cation, 57
CONTRACTS INVOLVING LITERARY PROPERTY
alteration of story for motion pic- ture production, 139, 140 author may reserve right to ap- prove changes, 140 bankruptcy of publisher does not rescind, 158
reservation of rights, 81
right to enjoy renewal term, 104, 108
CONTRIBUTIONS TO PERIODICALS advertisements, see Prints and Labels
assignments of, 81, 82 protected as component parts when owned by proprietor, 80, 82 published in instalments, rule gov- erning registration, 81
indivisible with respect to right to sue or assign, 157, 158 lost by failure to observe statutory requirements as to notice, 62 may be bequeathed by will, 53, 157 may be held in trust, 51 method of securing for published works, 56
method of securing for unpublished works, 94
origin and development of Ameri- can system, see Ch. I persons entitled to secure, 50 policy of Congress in granting, 199 renewal of, 102
rights embraced in, 111
vests on publication with notice, or deposit of unpublished work, 50, 94
when secured, supersedes common- law right, 97
DEPOSIT OF COPIES OF PUBLISHED
"accompanied in each case by a claim of copyright", 79
after registration as unpublished, 98 delayed deposit not necessarily fatal to copyright, 75, 76 disposal of deposits, 191 failure to deposit after demand may void copyright, 87, 88 foreign work, only one copy re- quired, 77
mailing, no postage required, 88 premature deposit, registration de-
ferred until publication, 80 prerequisite to issuance of certifi- cate of registration, 80 prerequisite to maintain suit for in- fringement, 82, 83
primary purpose of deposit, 98
DESIGNS FOR ARTICLES OF MANUFACTURE come within sphere of design patent law, 20, 121
common-law protection lost on gen- eral sale of article, 124 Copyright Office ruling, 121, 216, 217 dress designs, piracy of, 124, 125 DESIGNS FOR WORKS OF ART
include works belonging to fine arts. 20, 121
MATTER NOT SUBJECT TO COPYRIGHT- Contd.
devices, implements, tools, 49 fabrics, 46
government publications, 40 ideas, except as to literary expres- sion, 11, 43
key symbols for maps, 20 labels which are merely trade marks, 35
news, other than literary expres- sion, 117
obscene, libelous, seditious works, 43
opinions of courts and statutes, 40 phonograph records, piano rolls, 19 scenarios, 216
slogans, mottoes devoid of literary merit, 16
spoken words, not reduced to writ- ing, 11
standardized clauses in contracts, 38 systems, plans, methods, as such, 43 titles or names, as such, 44 toys, dolls, games, 48, 123 works in public domain, 39 works published but not copy- righted prior to July 1, 1909, 39
"MEIN KAMPF" CASE
"stateless" authors, 54 MONOLOGUES
registrable as addresses for oral de- livery, 17
of author to prevent misuse of name or mutilization of story, 139, 140
copyright secured before publica- tion held valid, 96 deposit of complete copies essential after publication, 98 elaboration of story for picturiza- tion purposes, 139
exhibition in social club held not "public" performance, 127 exhibition not in itself general pub- lication, 58
leasing copies for commercial use, deemed publication, 60 loaning of copies for non-commer- cial use, not general publica- tion, 60
notice of copyright, form and posi- tion of, 67, 71, 99
notice of copyright on first of sev- eral reels sufficient, 71
other than photoplays, infringed by unauthorized exhibition, 113,
performance of music in, 133 photoplays are "dramatic works" even though not founded on dramas, 128
projecting on screen results in copy- ing, 113, 129
public and private exhibition dis- tinguished, 127
rule governing use of pre-empted titles, 45
"shorts" or "fill-ins" displaying ac- tion, photoplays, 23
unauthorized exhibition in violation of contract, 129
unauthorized use of story or drama, liability for profits, appor- tionment, 145, 146
MUSICAL COMPOSITIONS
adaptations and arrangements copy- rightable as new works, 120 Broadcasters vs. ASCAP, 135, 136 broadcasting for commercial pur- poses, restricted licenses, 133 coin-operated machines, perform- ance by, 134
devices for mechanical reproduc- tion, not "copies" of, 19 editing, fingering, phrasing, trans- posing into other keys, 120, 216
in public domain, must be trans- forming to sustain copyright claim, 13
include songs with musical accom- paniment, 18
intention or foreknowledge of selec- tions immaterial as to in- fringement, 113, 132 license to record does not carry right to perform, 137, 138 licensee must make his own record from the original composition, 138
mechanical reproduction, notice of use to be filed in Copright Office, 137
mechanical reproduction,
quere whether provisions apply to unpublished works, 138
notice of copyright, form and posi- tion, 63, 65, 70
performance for charitable or edu- cational purposes, 134
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