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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.




and vend


right sermons,

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




eign author


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-
of; 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: 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
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 copy-
In case of the failure of such manufacturer to pay

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.

Failure to pay royalties.

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