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Proiessor J. Laurence Laughlin, of the University of Chicago, has announced the conditions for the sixth annual competition ior the best papers on topics of commerce and industry for prizes offered by Hart, Schaffner, & Marx. Prizes amounting to $1,500 will be given to successful competitors of three classes — persons who have received their bachelor's degree from American college in 1896 or thereafter, college undergraduates, and persons without academic training. Manuscripts must be received by Professor Laughlin by June 1, 1910.

The Cassells have begun in London the publication of their new monthly, the New Magazine. The first number contains 112 pages of fiction, including fourteen short stories.

The Optimist Publishing Company, New York, which is connected with the Optimist Club of America, is to publish the Optimists' Magazine, which will be edited by Rev. Dr. Thomas R. Slicer. Dr. Slicer says : Our editorial group will have distinction as writers, but we shall proclaim optimism, which is the best any man can wish for his fellowmen, and we shall not admit a writer to our pages who sings false when he sings, or sneers when he speaks."

America is to be the name of a Catholic weekly review which is to be issued near Easter under the auspices of the Jesuits. Its title indicates its broad scope, for it is to represent the Catholic point of view in North and South America. In tone America will resemble the Tablet of London, and it will retain some of the features of the Messenger, which it will absorb. The chief editor will be Rev. Fr. John J. Wynne.

The Metropolitan Magazine ( New York ), for six years conducted by Robert H. Russell, has passed into the hands of Melville E. Stone, Jr., son of the general manager of the Associated Press. Mr. Stone says that he will try to maintain the same general policy which the magazine has had, and that his only aim is to make it the most interesting and the most readable magazine published.

Charities and the Commons (New York) has changed its name to the Survey.

Noah Webster's “ History of the United States” is published as No. 198 of the Old South Leaflets.

Although the past year has been a bad one for playwrights in France, the statistics just issued by the French Society of Authors show that in the last twelve months seven playwrights have earned more than $20,000 each, eight more than $10,000, twenty-seven between $5,000 and $10,000, twenty-eight between $2,500 and $5,000, and of 430 others, none has earned less than $1,000.

It is said that Rostand's two plays, “ Cyrano de Bergerac” and “L’Aiglon," have paid him $2,500,000 in royalties.

Trollope rarely received more than $5,000 for a novel, but his remarkably sustained prolificness enabled him to earn a large income. The Bookman estimates his royalties from 1847 to 1879 as amounting to about $340,000. In three years he wrote fourteen books.

The Popular Science Monthly for April is a Darwin number.

George Selwyn Kimball died at Waverley, Mass., March 1, aged sixty-two.

Rev. Daniel March died March at Woburn, Mass., aged ninety-two.

Sara King Wiley Drummond died at East Orange, N. J., March 7, aged thirty-seven.

Charles Currier Beale died at West Medford, Mass., March 9, aged forty-four.

Hinton Rowan Helper died in Washington March 9, aged eighty years.

Mrs. Elinor Macartney Lane died at Lynchburg, Va., March 15, aged forty-five.

George T. Angell died in Boston March 16, aged eighty-two.

Mrs. Sallie Joy White died at Dedham, Mass., March 25, aged sixty-three.

Rev. James E. Gilbert, D. D., died in Washington March 26, aged sixty-nine.

Henry Wood died in Brookline March 28, aged seventy-five.

Dr. James H. Canfield died in New York March 29, aged sixty-two.




Vol. XXI.

BOSTON, MAY, 1909.

No. 5.

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79 80


An Act to Amend and Consolidate the Acts

Respecting Copyright. Be it enacted by the Senate and House of Representatices of the United States of America in Congress assembled, That any person entitled thereto, upon complying with the provisions of this Act, shall have the exclusive right :

(a) To print, reprint, publish, copy, and vend the copyrighted work ;

(b) To translate the copyrighted work into other languages or dialects, or make any other version thereof, if it be a literary work ; to dramatize it if it be dramatic work ; to convert it into a novel or other non-dramatic work if it be a drama ; to arrange or adapt it if it be a musical work ; to complete, execute, and finish it if it be a model or design for a work of art ;

(c) To deliver or authorize the delivery of the copyrighted work in public for profit if it be a lecture, sermon, address, or similar production ;

(d) To perform or represent the copy

righted work publicly if it be a drama, or, if it be a dramatic work and not reproduced in copies for sale, to vend any manuscript or any record whatsoever thereof; to make or to procure the making of any transcription or record thereof by or from which, in whole or in part, it may in any manner or by any method be exhibited, performed, represented, produced, or reproduced ; and to exhibit, perform, represent, produce, or produce it in any manner or by any method whatsoever ;

(e) To perform the copyrighted work publicly for profit if it be a musical composition, and for the purpose of public performance for profit; and for the purposes set forth in sub-section (a) hereof, to make any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced : Provided, That the provisions of this Act, so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighte! after this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States similar rights : And provided further, and as a condition of extending the copyright control to such mechanical reproductions, That whenever the owner of a musical copyright has used or permitted or knowingly acquiesced in the use of the copyrighted




work upon the parts of instruments serving

Sec. 2.

That nothing in this Act shall be to reproduce mechanically the musical work, construed to annul or limit the right of the any other person may make similar use of author or proprietor of an unpublished the copyrighted work upon the payment to work, at common law or in equity, to prevent the copyright proprietor of a royalty of two the copying, publication, or use of such uncents on each such part manufactured, to be published work without his consent, and to paid by the manufacturer thereof; and the obtain damages therefor. copyright proprietor may require, and if so Sec. 3. That the copyright provided by the manufacturer shall furnish, a report this Act shall protect all the copyrightable under oath on the twentieth day of each component parts of the work copyrighted, month on the number of parts of instru- and all matter therein in which copyright is ments manufactured during the previous already subsisting, but without extending month serving to reproduce mechanically the duration or scope of such copyright. said musical work, and royalties shall be due The copyright upon composite works on the parts manufactured during any month periodicals shall give to the proprietor upon the twentieth of the next succeeding thereof all the rights in respect thereto month. The payment of the royalty pro- which he would have if each part were individed for by this section shall free the arti- vidually copyrighted under this Act. cles or devices for which such royalty has SEC. 4. That the works for which copybeen paid from further contribution to the right may be secured under this Act shall incopyright, except in case of public perform- clude all the writings of an author. ance for profit : And provided further, That it SEC. 5. That the application for registrashall be the duty of the copyright owner, if tion shall specify to which of the following he uses the musical composition himself for classes the work in which copyright is the manufacture of parts of instruments serv- claimed belongs : ing to reproduce mechanically the musical (a) Books, including composite and work, or licenses others to do so, to file cyclopædic works, directories, gazetteers, notice thereof, accompanied by a recording and other compilations ; fee, in the copyright office, and any failure (b) Periodicals, including newspapers ; to file such notice shall be a complete de- (c) Lectures, sermons, addresses, prefence to any suit, action, or proceeding for pared for oral delivery ; any infringement of such copyright.

(d) Dramatic or dramatico-musical comIn case of the failure of such manufacturer positions ; to pay to the copyright proprietor within (e) Musical compositions ; thirty days after demand in writing the full (f) Maps ; sum of royalties due at said rate at the date (g) Works of art ; models or designs for of such demand, the court may award tax

works of art ; able costs to the plaintiff and a reasonable (h) Reproductions of a work of art ; counsel fee, and the court may, in its dis- (i) Drawings or plastic works of a sciencretion, enter judgment therein for any sum tific or technical character ; in addition over the amount found to be due (j) Photographs ; as royalty in accordance with the terms of (k) Prints and pictorial illustrations : this Act, not exceeding three times such Provided, nevertheless, That the above speci. amount.

fications shall not be held to limit the subThe reproduction or rendition of a musical ject-matter of copyright as defined in seccomposition by upon

coin-operated tion four of this Act, nor shall any error in machines shall not be deemed a public per- classification invalidate or impair the copyformance for profit unless a fee is charged right protection secured under this Act. for admission to the place where such repro- Sec. 6. That compilations or abridg. duction or rendition occurs.

ments, adaptations, arrangements, dramati


zations, translations, or other versions of United States the benefit of copyright on works in the public domain, or of copy- substantially the same basis as to its own righted works when produced with the con- citizens, or copyright protection substansent of the proprietor of the copyright in tially equal to the protection secured to such such work, or works republished with new foreign author under this Act or by treaty ; matter, shall be regarded as new works sub- or when such foreign state or nation is a ject to copyright under the provisions of party to an international agreement which this Act; but the publication of any such provides for reciprocity in the granting of new works shall not affect the force or copyright, by the terms of which agreement validity of any subsisting copyright upon the the United States may, at its pleasure, bematter employed or any part thereof, or be come a party thereto. construed to imply an exclusive right to such The existence of the reciprocal conditions use of the original works, or to secure or aforesaid shall be determined by the Presiextend copyright in such original works. dent of the United States, by proclamation

SEC. 7. That no copyright shall subsist in made from time to time, as the purposes of the original text of any work which is in the this Act may require. public domain, or in any work which was Sec. 9. That any person entitled thereto published in this country or any foreign by this Act may secure copyright for his country prior to the going into effect of this work by publication thereof with the notice Act, and has not been already copyrighted of copyright required by this Act ; and such in the United States, or in any publication notice shall be affixed to each copy thereof of the United States Government, or any published or offered for sale in the United reprint, in whole or in part, thereof : Pro- States by authority of the copyright provided, however, That the publication or re- prietor, except in the case of books seeking publication by the Government, either sepa- ad interim protection under section twentyrately or in a public document, of any mate- one of this Act. rial in which copyright is subsisting shall not Sec. 10. That such person may obtain regbe taken to cause any abridgment or annul- istration of his claim to copyright by comment of the copyright, or to authorize any plying with the provisions of this Act, inuse or appropriation of such copyright mate- cluding the deposit of copies, and upon such rial without the consent of the copyright compliance the register of copyrights shall proprietor.

issue to him the certificate provided for in Sec. 8. That the author or proprietor of section fifty-five of this Act. any work made the subject of copyright by Sec. II. That copyright may also be had this Act, or his executors, administrators, of the works of an author of which copies or assigns, shall have copyright for such are not reproduced for sale, by the deposit, work under the conditions and for the terms with claim of copyright, of one complete specified in this Act : Provided, however, That copy of such work if it be a lecture or similar the copyright secured by this Act shall ex- production or a dramatic or musical comtend to the work of an author or proprietor position; of a photographic print if the who is a citizen or subject of a foreign state work be a photograph ; or of a photograph or nation, only :

or other identifying reproduction thereof if (a) When an alien author or proprietor it be a work of art or a plastic work or shall be domiciled within the United States drawing But the privilege of registration at the time of the first publication of his of copyright secured hereunder shall not exwork; or

empt the copyright proprietor from the de(b) When the foreign state or nation of posit of copies under sections twelve and which such author or proprietor is a citizen thirteen of this Act where the work is later or subject grants, either by treaty, conven- reproduced in copies for sale. tion, agreement, or law, to citizens of the Sec. 12. That after copyright has been se.



cured by publication of the work with the and shall mail them their destination notice of copyright, as provided in section without cost to the copyright claimant. nine of this Act, there shall be promptly de- SEC. 15. That of the printed book or periposited in the copyright office or in the mail odical specified in section five, subsections addressed the register of copyrights, (a) and (b) of this Act, except the original Washington, District of Columbia, two com- text of a book of foreign origin in a lanplete copies of the best edition thereof then guage or languages other than English, the published, which copies, if the work be a text of all copies accorded protection under book or periodical, shall have been produced this Act, except as below provided, shall be in accordance with the manufacturing pro- printed from type set within the limits of visions specified in section fifteen of this the United States, either by hand or by the Act; or if such work be a contribution to a aid of any kind of typesetting machine, or periodical, for which contribution special from plates made within the limits of the registration is requested, one copy of the United States from type set therein, or, if issue or issues containing such contribution ; the text be produced by lithographic process, or if the work is not reproduced in copies or photo-engraving process, then by a for sale, there shall be deposited the copy, process wholly performed within the limits print, photograph, or other identifying repro- of the United States, and the printing of the duction provided by section eleven of this text and binding of the said book shall be Act, such copies or copy, print, photograph, performed within the limits of the United or other reproduction to be accompanied in States ; which requirements shall extend, each case by a claim of copyright. No also, to the illustrations within a book conaction or proceeding shall be maintained for sisting of printed text and illustrations proinfringement of copyright in any work until duced by lithographic process, or photothe provisions of this Act with respect to the engraving process, and also to separate deposit' of copies and registration of such lithographs or photo-engravings, except work shall have been complied with.

where in either case the subjects represented SEC. 13. That should the copies called for are located in a foreign country and illustrate by section twelve of this Act not be promptly a scientific work or reproduce a work of art ; deposited as herein provided, the register of but they shall not apply to works in raised copyrights may at any time after the publi- characters for the use of the blind, or to cation of the work, upon actual notice, re- books of foreign origin in a language or lanquire the proprietor of the copyright to de- guages other than English, or to books pubposit them, and after the said demand shall lished abroad in the English language seekhave been made, in default of the deposit of ing ad

interim protection under this copies of the work within three months from Act. any part of the United States, except an out- SEC. 16. That in the case of the book the lying territorial possession of the United copies so deposited shall be accompanied by States, or within six months from any out- an affidavit, under the official seal of any lying territorial possession of the United officer authorized to administer oaths within States, or from any foreign country, the pro- the United States, duly made by the person prietor of the copyright shall be liable to a claiming copyright or by his duly authorized fine of one hundred dollars, and to pay to agent representative residing in the the Library of Congress twice the amount United States, or by the printer who has of the retail price of the best edition of the printed the book, setting forth that the work, and the copyright shall become void. copies deposited have been printed from

SEC. 14. That the postmaster to whom are type set within the limits of the United delivered the articles deposited as provided States or from plates made within the limits in sections eleven and twelve of this Act of the United States from type set therein ; shall, if requested, give a receipt therefor, or, if the text be produced by lithographic


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