mations under section 1 (e) of the act of March 4, 1909, securing copyright controlling the parts of instruments serving to reproduce mechanically a musical work, namely for Belgium, Cuba, Germany, Luxemburg, and Norway. The copyright convention with Hungary, in force October 16, 1912, also includes protection of music under section 1 (e). The full text of the convention will be found on pages 38-39. JANUARY 11, 1913. THORVALD SOLBERG, Register of Copyrights. NOTE. According to the opinion of the Attorney General, of December 22, 1909, section 3 of the act of 1874 is still in force; see page 40. CONTENTS. Constitutional provision respecting copyright (art. 1, sec. 8)....... Nature and extent of copyright (secs. 1–3). Subject matter of copyright (secs. 4–7). Classification of copyright works (sec. 5)... Who may obtain copyright (sec. 8).................... Publication of work with notice (sec. 9).... Registration of copyright work (secs. 10-11). Deposit of copies of copyright work (secs. 12-14). Rules for practice and procedure under section 25, adopted and promul- gated by the Supreme Court of the United States, June 1, 1909...... 5 CONSTITUTION, 1787. ART. 1, SEC. 8. The Congress shall have power: To promote the progress of science and useful arts, BY SECURING FOR LIMITED TIMES TO AUTHORS and inventors THE EXCLUSIVE RIGHT TO THEIR respective WRITINGS and discoveries. 6 5 AN ACT TO AMEND AND CONSOLIDATE THE ACTS RESPECTING COPYRIGHT. to print, publish, and vend. Be it enacted by the Senate and House of Representatives 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 Exclusive right copyrighted work; (b) To translate the copyrighted work into other lan-, Exclusive right guages or dialects, or make any other version thereof, if it dramatize, be a literary work; to dramatize it if it be a nondramatic etc. 10 work; to convert it into a novel or other nondramatic 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; to translate, ar range, and adapt, Exclusive right deliver lectures, sermons, То dramatic works, or exhibit or per (c) To deliver or authorize the delivery of the copy-to' 15 righted work in public for profit if it be a lecture, sermon, etc. address, or similar production; (d) To perform or represent the copyrighted work represent publicly if it be a drama or, if it be a dramatic work and or make record, not reproduced in copies for sale, to vend any manuscript form, etc. 20 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, repre25 sent, produce, or reproduce it in any manner or by any method whatsoever; sic and make arrangement, setting, or record. (e) To perform the copyrighted work publicly for To perform muprofit if it be a musical composition and for the purpose of public performance for profit; and for the purposes 30 set forth in subsection (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 not retroac35 Act, so far as they secure copyright controlling the parts tive. 7 eign author. [See page 30.] chanical musical of music on records, etc. of instruments serving to reproduce mechanically the musical work, shall include only compositions published Music by for- and copyrighted 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 5 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 meControl of mechanical reproductions, That whenever the owner of a 10 reproduction. musical copyright has used or permitted or knowingly acquiesced in the use of the copyrighted work upon the parts of instruments serving to reproduce mechanically the musical work, any other person may make similar use of the copyrighted work upon the payment to the copy- 15 Royalty for use right proprietor of a royalty of two cents on each such part manufactured, to be paid by the manufacturer thereof; and the copyright proprietor may require, and if so the manufacturer shall furnish, a report under oath on the twentieth day of each month on the number of parts 20 of instruments manufactured during the previous month serving to reproduce mechanically said musical work, and royalties shall be due on the parts manufactured during any month upon the twentieth of the next succeeding month. The payment of the royalty provided for by this 25 section shall free the articles or devices for which such royalty has been paid from further contribution to the copyright except in case of public performance for profit: Notice of use of And provided further, That it shall be the duty of the copyright owner, if he uses the musical composition him- 30 self for the manufacture of parts of instruments serving License to use to reproduce mechanically the musical work, or licenses music on records. others to do so, to file notice thereof, accompanied by a music on records. royalties. recording fee, in the copyright office, and any failure to file such notice shall be a complete defense to any suit, 35 action, or proceeding for any infringement of such copyright. Failure to pay In case of the failure of such manufacturer to pay to the copyright proprietor within thirty days after demand in writing the full sum of royalties due at said rate at the 40 date of such demand the court may award taxable costs to the plaintiff and a reasonable counsel fee, and the court may, in its discretion, enter judgment therein for any sum in addition over the amount found to be due as royalty in accordance with the terms of this Act, not 45 exceeding three times such amount. |