Lapas attēli
PDF
ePub

shall furnish, upon request, without additional fee, a receipt for the copy or copies of any work deposited under this or previous Acts of the United States. Said certificate and receipt shall be admitted in any court as prima facie evidence of the facts stated therein.

SEC. 47. Subject to this act, the Supreme Court of the District of Columbia of a judge thereof, may, on the application of any person aggrieved, by writ of mandamus upon due cause shown, order that any registration or record made under this act may be canceled, annulled, and expunged, or similarly order the correction of any omission, error, or any defect in any registration or attempted registration. An appeal shall lie to the Court of Appeals of the District of Columbia from any final order made under this section.

SEC. 48. The register of copyrights shall fully index all registrations of claims to copyright or rights therein and all assignments, grants, licenses, mortgages, or other instruments recorded, and shall print at periodic intervals a catalogue of the names of the authors, where known, and of the titles of works deposited and registered, together with suitable indices, and at stated intervals shall print complete and indexed catalogues for each class of copyright entries. Both the current catalogues and the complete and indexed catalogues for each class of copyright entries shall be furnished to all persons desiring them at reasonable prices.

SEC. 49. The record books of the Copyright Office, together with the indices to such record books, and all works deposited and retained in the Copyright Office, shall be open to public inspection, and copies may be taken of the entries actually made in such record books, subject to such safeguards and regulations as shall be prescribed by the register of copyrights and approved by the Librarian of Congress.

SEC. 50. That of the articles deposited in the Copyright Office under the provisions of the previous copyright laws of the United States or of this act, the Librarian of Congress shall determine what books and other articles shall be transferred to the permanent collections of the Library of Congress, including the law library, and what other books or articles shall be placed in the reserve collections of the Library of Congress for sale or exchange, or be transferred to other governmental libraries in the District of Columbia for use therein.

SEC. 51. That of any articles undisposed of as above provided, together with all titles and correspondence relating thereto, the Librarian of Congress and the register of copyrights jointly shall, at suitable intervals, determine what of these received during any period of years it is desirable or useful to preserve in the permanent files of the Copyright Office, and after due notice as hereinafter provided may within their discretion cause the remaining articles and other things to be destroyed : Provided, That there shall be printed in the Catalogue of Copyright Entries from January to November, inclusive, a statement of the year of receipt of such articles and a notice to permit any author, copyright owner, or other lawful claimant to claim and remove, before the expiration of the month of December of that year, anything found which relates to any of his productions deposited or registered for copyright within the period of years not reserved or disposed of as provided for in this act : And provided further, That no manuscript of an unpublished work shall be destroyed during its term of copyright without specific notice to the copyright owner of record, permitting him to claim and remove it.

COPYRIGHT OFFICE

SEC. 52. All records and other things relating to copyrights required by law to be preserved shall be kept and preserved in the Copyright Office, Library of Congress, Washington, District of Columbia, and shall be under the control of the register of copyrights, who shall, under the supervision and approval of the Librarian of Congress, perform all the duties relating to the optional registration of copyrights and shall be authorized to make rules and regulations for the registration of claims to copyright as provided by this act and to prescribe the form of application for such registration.

SEC. 53. There shall be appointed by the Librarian of Congress a register of copyrights at a salary of $ per annum and one assistant register of copyrights at a salary of $ per annum, who shall have authority during the absence of the register of copyrights to attach the Copyright Office seal to all papers issued from the said office and to sign such certificates and other papers

as may be necessary. There shall also be appointed by the Librarian such subordinate assistants to the register as may from time to time be authorized by law.

SEC. 54. The register of copyrights shall make daily deposits with the Treasurer of the United States of all moneys received to be applied as copyright fees and shall make weekly transfers to the Treasurer of the United States. in such manner as the latter shall direct, of all copyright fees actually applied under the provisions of this act and annual deposits of sums received which it has not been possible to apply as copyright fees or to return to the remitters; and he shall make monthly reports to the Comptroller General of the United States and to the Librarian of Congress of the applied copyright fees for each calendar month, together with a statement of all remittances received, trust funds on hand, moneys refunded, and unapplied balances.

SEC. 55. The register of copyrights shall give bond to the United States in the sum of $20,000 in form to be approved by the Solicitor of the Treasury and with sureties satisfactory to the Secretary of the Treasury for the faithful discharge of his duties.

SEC. 56. The register of copyrights shall make an annual report to the Librarian of Congress of all copyright business for the previous fiscal year. which report shall be printed promptly after the close of the fiscal year, and also be printed in the annual report on the Library of Congress.

Sec. 57. The register of copyrights shall provide and keep such record books in the copyright office as are required to carry out the provisions of this act.

SEC. 58. The register of copyrights shall, upon payment of the prescribed fee, record any assignment of copyright, or any grant, license, or-mortgage of any right pertaining to the copyright in any work protected under this act or any previous acts of the United States, and shall return it after recordation to the sender with a certificate of record attached under seal of the copyright office, and upon the payment of the fee prescribed by this act he shall furnish to any person requesting the same a certified copy thereof under said seal. The register of copyrights shall have no discretion to refuse to record any instrument presented to him for record as aforesaid.

SEC. 59. The register of copyrights shall receive, and the persons to whom the services designated are rendered shall pay, the following fees : For the registration of a claim to copyright or rights therein under the provisions of this act, $1, which sum is to include a certificate of registration under seal: Provided, That in the case of photographs the fee shall be 50 cents where a certificate is not demanded, and only one registration at one fee shall be required in the case of several volumes of the same book deposited at the same time. For every additional certificate of registration made, 50 cents. For recording and certifying any written instrument provided for in sections 10 or 11 of this act, or for any copy of such assignment, grant, mortgage, or license, duly certified, if not over three hundred words in length, $1; if more than three hundred and less than one thousand words in length, $2; if more than one thousand words in length, $1 additional for each additional one thousand words or fraction thereof over three hundred words. For comparing any copy of an assignment with the record of such document in the Copyright Office and certifying the same under seal, $1. For indexing the transfer of the ownership of copyrighted works or of any right therein, 10 cents for each title of a book or other article, in addition to the fee prescribed for recording the instrument evidencing the same. For any requested search of copyright office records, indices, or deposits, 50 cents for each full hour of time consumed in making such search.

SEC. 60. A seal shall be provided and used in the copyright office and be the seal thereof, and by it all papers issued from the copyright office requiring authentication shall be authenticated.

ENTRY OF THE UNITED STATES INTO THE INTERNATIONAL COPYRIGHT UNION

SEC. 61. The President of the United States be, and is hereby, authorized to effect and proclaim the adhesion of the United States to the convention creating an international union for the protection of literary and artistic works, known also as the International Copyright Union, signed at Berne, Switzerland, September 9, 1886, and revised at Berlin, Germany, November 13, 1908, and to the "additional protocol” to the said convention executed at Berne, Switzerland, March 20, 1914.

SEC. 62. It is hereby declared that the United States desires to be placed in the first class of the International Copyright Union, as provided in article 20 of the said convention of 1908.

SEC. 63. Copyright shall subsist in the work of foreign authors as provided by this act. On and after the date of the President's proclamation, as provided in section 62 of this act: Provided, however, That the duration of copyright in the United States shall not in the case of any foreign work extend beyond the date at which such work has fallen into the public domain in the country of origin: Provided further, That as to copyrights in works not previously copyrighted in the United States no right or remedy given pursuant to this act shall prejudice lawful acts done or rights in copies lawfully made or the continuance of enterprises lawfully undertaken within the United States prior to the date of said proclamation, and the author or other owner of such copyrights or persons claiming under him shall not be entitled to bring action against any person who has prior to such date taken any action in connection with the reproduction or performance (in a manner which at the time was not unlawful) of any such work whereby he has incurred any substantial expenditure or liability.

SEC. 64. In the interpretation and construction of this act, date of “publication " shall in the case of a work of which copies are reproduced for sale or public distribution be held to be the earliest date when copies of the first authorized edition were placed on sale, sold, or publicly distributed by the owner of the copyright or under his authority, and the performance of a dramatic, musical, or dramatico-musical work, the delivery of a lecture, sermon, or address, the exhibition of a motion picture or of a work of art, and the construction of an architectural work or the issue of photographs or other reproductions of such work shall not be held to be publication.

SEC. 65. This act shall not apply to designs capable of being patented, except designs which though capable of being so patented are not used or intended to be used as models or patterns to be multiplied by any industrial process other than the printing press processes referred to in section 28 of this Act.

Sec. 66. The provisions of this act apply to existing copyrights save as expressuy indicated in this act. All other acts or parts of acts relating to copyrights are hereby repealed, as well as all other laws or parts of laws in conflict with the provisions of this act, but nothing in this act shall affect suits, actions, or proceedings for infringement of copyright heretofore committed now pending in the courts of the United States; but such suits, actions, or proceedings shall be prosecuted to a conclusion in the manner heretofore provided by law.

SEC. 67. That this act shall go into effect on the 1st day of January, 1927.

The CHAIRMAN. This bill, which was introduced by me at this session, is the result of many conferences, as I understand, between the various parties interested wherein they attempted to iron out their differences as far as they could. I do not want to leave the impression that I understand them to be together on all the propositions, but some of the difficulties have been eliminated.

I shall ask Mr. Osborne, who is probably more responsible for this bill than anyone else, to make a brief statement relative to the same, and shall leave it to him to call the people that he wants to be heard, so far as the Authors' League is concerned.

STATEMENT OF WILLIAM HAMILTON OSBORNE, NEWARK, N. J.

Mr. OSBORNE. Mr. Chairman and gentlemen, my name is William Hamilton Osborne

The CHAIRMAN. Just before you start, I would like to make this observation and suggestion—that all of the witnesses who are to testify here shall be given the opportunity to finish their statements entirely before there is any interruption. After they have concluded their statements, then members of the committee who desire to ask

the witnesses questions, will have the opportunity. I think if that orderly arrangement is carried out we can speed up these hearings and get through in much less time.

Mr. Bloom. Mr. Chairman, I object to that. I reserve the right to ask any question at any time that I see fit.

Mr. OSBORNE. Mr. Chairman, I reside at Newark, N. J., and I am counsel for the Authors' League of America, and a member of the council of that body.

Since this committee as then constituted rose from the deliberations of the Perkins bill a year ago, what is known as a copyright revision committee was organized and operated in the city of New York, where most of the interests were collected. Mr. F. A. Silcox, who is the manager of the employing printers and of the United Typothetae of America, is the chairman of that committee, and I desire to introduce Mr. Silcox so that he may tell you briefly what was done under the ministrations of that committee connected with the copyright bill.

STATEMENT OF F. A. SILCOX, NEW YORK CITY

Mr. Silcox. Mr. Chairman and gentlemen of the committee, I have been acting in the capacity voluntarily selected by this committee on copyright revision, the group in most of the hearings last year, to attempt to get together and see whether or not certain differences which arose in the hearings last year could be reconciled and in a way to save this committee long drawn out hearings. That committee was in session in New York, meeting almost all the time at the bar association, for a period of nearly a year. There were about 25 interests represented. I have a list of those names here which I will read :

MAILING LIST, DECEMBER 1, 1925, ORGANIZATIONS IN CONFERENCE ON COPYRIGHT

REVISION

Actor's Equity Asosciation : 45 West Forty-seventh Street, New York City.

Frank Gilmore; telephone, Bryant 3550 and 9179.
American Library Association :

Dr. M. Llewellyn Raney, Johns Hopkins University, Baltimore, Md.
Carl L. Cannon, 476 Fifth Avenue, New York City; telephone, Long 8100.

E. F. Stevens, Pratt Institute Free Library, Brooklyn, N. Y.
American Newspaper Publishers' Association : 270 Madison Avenue, New York

City. L. B. Palmer; telephone, Cal. 2000. American Society of Composers, Authors and Publishers : 56 West Forty-fifth Street, New York City. E. Č. Mills (see Music Publishers' Protective Association) ; telephone

Van. 4327. Gene Buck (president), Kensington, Great Neck, N. Y. William Jerome, 340 West Fifty-seventh Street, New York City. J. C. Rosenthal, 56 West Forty-fifth Street, New York City. Nathan Burkan, 1451 Broadway, New York City ; telephone, Van. 4325.

Silvio Hein (do not send bulletins), telephone, Van. 4325. Artists, Art Dealers, and Art Publishers :

Miss Esther Hunt, 142 East Eighteenth Street, New York City; telephone,

Stuy. 2760.
A. E. Reinthal, Reinthal & Newman, 57 West Nineteenth Street, New York

City.
S. L. Newman (do not send bulletins).

Authors' League of America : 2 East Twenty-third Street, New York City; telephone, Ash. 6467.

Miss Luise M. Sillcox.
William Hamilton Osborne.
C. S. Thompson, 30 East Forty-second Street, New York City; telephone,

Murray Hill 8717.
George Creel, 105 East Thirty-ninth Street, New York City.
Orson Lowell, 501 Fifth Avenue, New York City.
Ellis Parker Butler, 242 State Street, Flushing, N. Y..
Albert T. Reid, 160 Broms Street, Forest Hills, Long Island, N. Y.

J. Hartley Manners, Lotus Club, New York City. Christian Science Committee on Publication : 836 Munsey Building, Washington, D. C.

Philip King.
Clifford P. Smith, 236 Huntington Avenue, Boston, Mass., Committee on

Publications, First Church, Scientist.
Hearst Organization:

Geoffrey Konta, 150 Broadway, New York City; telephone, Rector 0655.

Carl W. Kirchney, 150 Broadway, New York City; telephone, Rector 0655. Hotel Association of New York City : 221 West Fifty-seventh Street, New

York City. Frank A. K. Boland, 9 East Forty-first Street, New York City;

telephone, Van. 8967. International Printing Trades Union: American Federation of Labor Building,

Washington, D. C. Matthew Woll, 166 West Washington Street, Chicago, Ill. International Theatrical Association : 1540 Broadway, New York City. Ligon

Johnson; telephone, Bryant 6241.
Jewish Theatrical Guild of America : August Dreyer, 1482 Broadway, New

York City; telephone, Bryant 8928.
League of American Penwomen: Shoreham Hotel, Washington, D. C.

Mrs. Edna Colman, national president.
Mrs. Alice McKay Kelly, 1200 Madison Avenue, New York City; telephone,

Len. 3839.
Motion Picture Producers and Distributors of America : 469 Fifth Avenue,
New York City.

Will Hays, Courtland Smith; telephone, Van. 2110.
Gabriel L. Hess, telephone, Van. 2110.
Arthur W. Weil, 185 Madison Avenue, New York City; telephone, Ash.

6420.
Louis E. Swarts, 485 Fifth Avenue, New York City.

Jack S. Connolly, 607 Albee Building, Washington, D. C. Motion Picture Exhibitors. Fulton Brylawski, Jenifer Building, Washing

ton, D. C. Motion Picture Theater Owners of Michigan and Allied State Organizations.

H. M. Richey, Hotel Wolverine, Detroit, Mich. Motion Picture Theater Owners of America : 25 West Forty-third Street, New York City. R. F. Woodhull, president, 25 West Forty-third Street; telephone, Murray

Hill 4150. Sydney Cohen, secretary, 25 West Forty-third Street; telephone, Murray

Hill 4150.
Music Industries Chamber of Commerce: 45 West Forty-fifth Street, New
York City:

Alfred L. Smith; telephone, Bryant 1712.
John G. Paine, Victor Talking Machine Co., Camden, N. J.
Henry Lanahan, Thos. A. Edison (Inc.), Edison Office Building, Orange,

N. J.
A. E. Garmaize, Columbia Phonograph Co., 1819 Broadway, New York

City. G. D. Beattys, Aeolian Co., 29 West Forty-second Street, New York City. David Goldman, General Phonograph Corporation, 25 West Forty-fifth

Street, New York City. Walter Douglas, Cameo Record Corporation, 249 West Thirty-fourth

Street, New York City.

« iepriekšējāTurpināt »