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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.
Register of Copyrights. JANUARY 11, 1913.
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.
Constitutional provision respecting copyright (art. 1, sec. 8).
ACT OF MARCH 4, 1909.
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.
AN ACT TO AMEND AND CONSOLIDATE THE ACTS
represent dramatic works,
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: 5
(a) To print, reprint, publish, copy, and vend the to Exclusive right copyrighted work;
(b) To translate the copyrighted work into other lan-to Exclusive right guages or dialects, or make any other version thereof, if it dramatize,
range, and adapt, 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;
(c) To deliver or authorize the delivery of the copy- to deliver fee15 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 dram 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;
(e) To perform the copyrighted work publicly for To perform muprofit if it be a musical composition and for the purpose fing, concretord.
of public performance for profit; and for the purposes 30 set forth in subsection (a) hereof, to make any arrange
ment 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
of music on records, etc.
of instruments serving to reproduce mechanically the
musical work, shall include only compositions published Musich bey 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 [See page 30.) 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
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 there-
copyright except in case of public performance for profit: Notion records! 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 uspense records to reproduce mechanically the musical work, or licenses
others to do so, to file notice thereof, accompanied by a
Failure to pay royalties.