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of music on coin

chines.

The reproduction or rendition of a musical composition Reproduction by or upon coin-operated machines shall not be deemed a operated mapublic performance for profit unless a fee is charged for admission to the place where such reproduction or rendi

5 tion occurs.

mon law or in

parts of copy

SEC. 2. That nothing in this Act shall be construed to Right at comannul or limit the right of the author or proprietor of an equity. unpublished work, at common law or in equity, to prevent the copying, publication, or use of such unpublished 10 work without his consent, and to obtain damages therefor. SEC. 3. That the copyright provided by this Act shall Component protect all the copyrightable component parts of the rightable work. work copyrighted, and all matter therein in which copyright is already subsisting, but without extending the 15 duration or scope of such copyright. The copyright Composite upon composite works or periodicals shall give to the pro- icals. prietor thereof all the rights in respect thereto which he would have if each part were individually copyrighted under this Act.

works or period

tected.

20 SEC. 4. That the works for which copyright may be Works prosecured under this Act shall include all the writings of an author.

copyright works.

SEC. 5. That the application for registration shall spec- Classification of ify to which of the following classes the work in which 25 copyright is claimed belongs:

(a) Books, including composite and cyclopædic works,, Books, composdirectories, gazetteers, and other compilations;

(b) Periodicals, including newspapers;

(c) Lectures, sermons, addresses (prepared for oral

30 delivery);

35

(d) Dramatic or dramatico-musical compositions;

(e) Musical compositions;

(f) Maps;

(g) Works of art; models or designs for works of art;
(h) Reproductions of a work of art;

(i) Drawings or plastic works of a scientific or tech

nical character;

(j) Photographs;

(k) Prints and pictorial illustrations;

40 (1) Motion-picture photoplays;

(m) Motion pictures other than photoplays:1

ite, cyclopædic works, directories, gazeteers,etc.

does not limit

Provided, nevertheless, That the above specifications Classification shall not be held to limit the subject-matter of copyright copyright.

1 The changes marked, and the addition of the words printed in italics are authorized by the amendatory Act of August 24, 1912.

[blocks in formation]

abridgments,

translations, new

as defined in section four of this Act, nor shall any error in classification invalidate or impair the copyright protection secured under this Act.

5

Compilations, SEC. 6. That compilations or abridgements, adaptadramatizations, tions, arrangements, dramatizations, translations, or editions. other versions of works in the public domain, or of copyrighted works when produced with the consent of the proprietor of the copyright in such works, or works republished with new matter, shall be regarded as new works subject to copyright under the provisions of this Act; but 10 the publication of any such new works shall not affect Subsisting the force or validity of any subsisting copyright upon the matter employed or any part thereof, or be construed to imply an exclusive right to such use of the original works, or to secure or extend copyright in such original 15 works.

copyright not af

fected.

Not subjectmatter of copy

public domain;

lications.

SEC. 7. That no copyright shall subsist in the original right; works in text of any work which is in the public domain, or in any Government pub-work which was published in this country or any foreign country prior to the going into effect of this Act and has 20 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: Provided, however, That the publication or republication by the Government, either separately or in a public document, of any material 25 in which copyright is subsisting shall not be taken to cause any abridgement or annulment of the copyright or to authorize any use or appropriation of such copyright material without the consent of the copyright proprietor.

Copyright

to

author or proprie

ified in Act.

SEC. 8. That the author or proprietor of any work made 30 tor for terms spec- the subject of copyright by this Act, or his executors, administrators, or assigns, shall have copyright for such work under the conditions and for the terms specified in this Act: Provided, however, That the copyright secured Foreign authors by this Act shall extend to the work of an author or pro- 35 copyright protec-prietor who is a citizen or subject of a foreign state or

who may secure

tion.

Alien authors domiciled in U. S.

citizens of coun

ciprocal rights.

nation, only:

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

40

Authors, when (b) When the foreign state or nation of which such tries granting re-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 pro- 45

International agreement.

tection 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 5 of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto. The existence of the reciprocal conditions aforesaid Presidential shall be determined by the President of the United States, by proclamation made from time to time, as the purposes and 36.1 10 of this Act may require.

proclamation.

[See pages 29

with notice initi

SEC. 9. That any person entitled thereto by this Act Publication may secure copyright for his work by publication thereof ates copyright. with the notice of copyright required by this Act; and such notice shall be affixed to each copy thereof published 15 or offered for sale in the United States by authority of the copyright proprietor, except in the case of books seeking ad interim protection under section twenty-one of this Act.

Registration of

tificate.

lished works: lec

sic, etc.

SEC. 10. That such person may obtain registration of copyright. 20 his claim to copyright by complying with the provisions of this Act, including the deposit of copies, and upon such compliance the register of copyrights shall issue to him the certificate provided for in section fifty-five of this Act. Copyright cerSEC. 11. That copyright may also be had of the works tection of unpub25 of an author of which copies are not reproduced for sale, tures, dramas, muby the deposit, with claim of copyright, of one complete copy of such work if it be a lecture or similar production or a dramatic, musical, or dramatico-musical composition; of a title and description, with one print taken from each 30 scene or act, if the work be a motion-picture photoplay; of a photographic print if the work be a photograph; of a title and description, with not less than two prints taken from different sections of a complete motion picture, if the work be a motion picture other than a photoplay; or of a 35 photograph or other identifying reproduction thereof, if it be a work of art or a plastic work or drawing. But after publication. the privilege of registration of copyright secured here-, under shall not exempt the copyright proprietor from the deposit of copies, under sections twelve and thirteen 40 of this Act, where the work is later reproduced in copies for sale.

1

Deposit of copies

SEC. 12. That after copyright has been secured by pub-Two complete lication of the work with the notice of copyright as pro- tion.

1 The words printed in italics indicate the amendments authorized by the amendatory Act of August 24, 1912.

see page 40.

tributions.

5

Label and print, vided in section nine of this Act, there shall be promptly deposited in the copyright office or in the mail addressed to the register of copyrights, Washington, District of Columbia, two complete copies of the best edition thereof then published, which copies, if the work be a book or periodical, shall have been produced in accordance with the manufacturing provisions specified in section fifteen Periodical con- of this Act; or if such work be a contribution to a periodical, for which contribution special registration is requested, one copy of the issue or issues containing such 10 Work not re-contribution; or if the work is not reproduced in copies produced in copies for sale. for sale, there shall be deposited the copy, print, photograph, or other identifying reproduction provided by section eleven of this Act, such copies or copy, print, photograph, or other reproduction to be accompanied in 15 No action for each case by a claim of copyright. No action or proceedtil deposit of ing shall be maintained for infringement of copyright in any work until the provisions of this Act with respect to the deposit of copies and registration of such work shall have been complied with.

infringement un

copies.

Failure to deposit copies.

posit on demand.

20

SEC. 13. That should the copies called for by section twelve of this Act not be promptly deposited as herein Register of provided, the register of copyrights may at any time after copyrights may demand copies. the publication of the work, upon actual notice, require the proprietor of the copyright to deposit them, and after 25 the said demand shall have been made, in default of the Failure to de- deposit of copies of the work within three months from any part of the United States, except an outlying territorial possession of the United States, or within six months from any outlying territorial possession of the 30 United States, or from any foreign country, the proprieretail price of 2 tor of the copyright shall be liable to a fine of one huncopies, best edi-dred dollars and to pay to the Library of Congress twice of the amount of the retail price of the best edition of the work, and the copyright shall become void.

Fine $100 and

tion.

Forfeiture

copyright.

Postmaster's re

ceipt.

Printed from

type set within

SEC. 14. That the postmaster to whom are delivered the articles deposited as provided in sections eleven and twelve of this act shall, if requested, give a receipt therefor and shall mail them to their destination without cost to the copyright claimant.

35

40

SEC. 15. That of the printed book or periodical specithe United States. fied in section five, subsections (a) and (b) of this act, Book in foreign except the original text of a book of foreign origin in a language or languages other than English, the text of all copies accorded protection under this act, except as below 45

language

cepted.

ex

provided, shall 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,

and

Illustrations in

5 if the text be produced by lithographic process, or photo-Lithographic or engraving process, then by a process wholly performed process. within the limits of the United States, and the printing binding of the of the text and binding of the said book shall be per- book. formed within the limits of the United States; which 10 requirements shall extend also to the illustrations within a book. a book consisting of printed text and illustrations produced by lithographic process, or photo-engraving process, and also to separate lithographs or photo-engravings, ex- Separate lithocept where in either case the subjects represented are engravings. 15 located in a foreign country and illustrate a scientific work or reproduce a work of art; but they shall not apply to works in raised characters for the use of the blind, or to books of foreign origin in a language or languages Books in forother than English, or to books published abroad in the cepted. 20 English language seeking ad interim protection under

this act.

graphs and photo

Books for blind excepted.

eign languages ex

American manu

SEC. 16. That in the case of the book the copies so de-Affidavit of posited shall be accompanied by an affidavit, under the facture. official seal of any officer authorized to administer oaths 25 within the United States, duly made by the person claiming copyright or by his duly authorized agent or representative residing in the United States, or by the printer who has printed the book, setting forth that the copies deposited have been printed from type set within the 30 limits of the United States or from plates made within the limits of the United States from type set therein; or if the text be produced by lithographic process, or photoengraving process, that such process was wholly performed within the limits of the United States, and that 35 the printing of the text and binding of the said book Printing have also been performed within the limits of the United book. States. Such affidavit shall state also the place where and the establishment or establishments in which such Establishment where printing type was set or plates were made or lithographic process, was done. 40 or photo-engraving process or printing and binding were performed and the date of the completion of the printing Date of publica of the book or the date of publication.

and binding of the

tion.

a misdemeanor;

SEC. 17. That any person who, for the purpose of ob- False affidavit, taining registration of a claim to copyright, shall know- fine, $1,000 and 45 ingly make a false affidavit as to his having complied right.

forfeiture of copy

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