executed. Assignments SEC. 43. That every assignment of copyright executed abroad. in a foreign country shall be acknowledged by the assignor before a consular officer or secretary of legation of the United States authorized by law to administer oaths Certificate of or perform notarial acts. The certificate of such acknowlment, etc. edgement under the hand and official seal of such consular officer or secretary of legation shall be prima facie evidence of the execution of the instrument. acknowledge Recording assignments. SEC. 44. That every assignment of copyright shall be Time limit. recorded in the copyright office within three calendar months after its execution in the United States or within six calendar months after its execution without the limits of the United States, in default of which it shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, whose assignment has been duly recorded. Certificate of record, etc. Use of assignee's name in notice. fice. in. SEC. 45. That the register of copyrights shall, upon payment of the prescribed fee, record such assignment, and shall return it 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 the said seal. SEC. 46. That when an assignment of the copyright in copyright a specified book or other work has been recorded the assignee may substitute his name for that of the assignor in the statutory notice of copyright prescribed by this Act. Copyright of SEC. 47. That all records and other things relating to Preservation Copyrights required by law to be preserved shall be kept of records, etc., and preserved in the copyright office, Library of Congress. R. S., sec. District of Columbia, and shall be under the control of 4948, amended. the register of copyrights, who shall, under the direction and supervision of the Librarian of Congress, perform all the duties relating to the registration of copyrights. Register of copyrights, as of, etc. SEC. 48. That there shall be appointed by the Librarian sistant, etc. of Congress a register of copyrights, at a salary of four Appointment thousand dollars per annum, and one assistant register of copyrights, at a salary of three thousand dollars 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. Deposit of receipts. SEC. 49. That the register of copyrights shall make daily deposits in some bank in the District of Columbia, designated for this purpose by the Secretary of the Treasury as a national depository, of all moneys received to be applied as copyright fees, and shall make weekly deposits with the Secretary of the Treasury, 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 shall also make monthly reports to the Secretary of the Treasury Reports. 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. Bond. Annual re SEC. 50. That the register of copyrights shall give bond RS, sec. to the United States in the sum of twenty thousand dol- 4950, amended. lars, 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. 51. That the register of copyrights shall make an annual report to the Librarian of Congress, to be printed R. S., sec. in the annual report on the Library of Congress, of all 4951, amended. copyright business for the previous fiscal year, including the number and kind of works which have been deposited in the copyright office during the fiscal year, under the provisions of this Act. SEC. 52. That the seal provided under the Act of July eighth, eighteen hundred and seventy, and at present used in the copyright office, shall continue to be the seal thereof, and by it all papers issued from the copyright office requiring authentication shall be authenticated. port. RS. sec. 4949, amended. Seal, etc. Rules and regulations. SEC. 53. That, subject to the approval of the Librarian of Congress, the register of copyrights shall be authorized to make rules and regulations for the registration of claims to copyright as provided by this Act. SEC. 54. That the register of copyrights shall provide Record books and keep such record books in the copyright office as are required to carry out the provisions of this Act, and whenever deposit has been made in the copyright office of a copy of any work under the provisions of this Act he shall make entry thereof. required. Certificate of registration. of. SEC. 55. That in the case of each entry the person recorded as the claimant of the copyright shall be entitled Legal effect to a certificate of registration under seal of the copyright office, to contain his name and address, the title of the work upon which copyright is claimed, the date of the deposit of the copies of such work, and such marks as to class designation and entry number as shall fully identify the entry. In the case of a book the certificate shall also state the receipt of the affidavit as provided by section sixteen of this Act, and the date of the completion of the printing, or the date of the publication of the book, as stated in the said affidavit. The register of copyrights hall prepare a printed form for the said certificate, to be filled out in each case as above provided for, which certificate, sealed with the seal of the copyright office, shall, upon payment of the prescribed fee, be given to any person making application for the same, and the said certificate shall be admitted in any court as prima facie evidence copyright en-. tries. etc. Receipt for of the facts stated therein. In addition to such certificate deposited copies. the register of copyrights shall furnish, upon request, without additional fee, a receipt for the copies of the work deposited to complete the registration. Catalogue of SEC. 56. That the register of copyrights shall fully index all copyright registrations and assignments and Preparation, shall print at periodic intervals a catalogue of the titles of articles deposited and registered for copyright, together with suitable indexes, and at stated intervals shall print complete and indexed catalogues for each class of copyright entries, and may thereupon, if expedient, destroy the original manuscript catalogue cards containing the titles included in such printed volumes and representLegal effect ing the entries made during such intervals. The current catalogues of copyright entries and the index volumes. herein provided for shall be admitted in any court as prima facie evidence of the facts stated therein as regards any copyright registration. of. and sale of logues, etc. Price. Distribution SEC. 57. That the said printed current catalogues as current cata-they are issued shall be promptly distributed by the copyright office to the collectors of customs of the United States and to the postmasters of all exchange offices of receipt of foreign mails, in accordance with revised lists of such collectors of customs and postmasters prepared by the Secretary of the Treasury and the Postmaster-General, and they shall also be furnished to all parties desiring them at a price to be determined by the register of copyright, not exceeding five dollars per annum for the complete catalogue of copyright entries and not exceeding one dollar per annum for the catalogues issued during the year for any one class of subjects. The consolidated catalogues and indexes shall also be supplied to all persons ordering them at such prices as may be determined to be reasonable, and all subscriptions for the catalogues shall be received by the Superintendent of Public Documents, who shall forward the said publicaUse of pro- tions; and the moneys thus received shall be paid into the Treasury of the United States and accounted for under such laws and Treasury regulations as shall be in force at the time. ceeds. Records open to inspection. Disposition of deposited articles. SEC. 58. That the record books of the copyright office. together with the indexes 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 copyright 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. 59. That of the articles deposited in the copyright office under the provisions of the 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. of articles un Notice to SEC. 60. That of any articles undisposed of as above Destruction provided, together with all titles and correspondence re- disposed of. lating 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, Provisos. That there shall be printed in the Catalogue of Copyright owners before Entries from February to November, inclusive, a state- destroying. ment of the years of receipt of such articles and a notice to permit any author, copyright proprietor, 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 stated, 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 copy- works, etc. right without specific notice to the copyright proprietor of record, permitting him to claim and remove it. For Manuscripts of unpublished Fees. With certifi Photographs SEC. 61. That the register of copyrights shall receive, R. sec. and the persons to whom the services designated are ren- 4958, amended. dered shall pay, the following fees: For the registration cate. of any work subject to copyright, deposited under the provisions of this Act, one dollar, which sum is to include a certificate of registration under seal: Provided, Provisos. That in the case of photographs the fee shall be fifty cents without certiwhere a certificate is not demanded. For every addi- ficates, etc. tional certificate of registration made, fifty cents. recording and certifying any instrument of writing for the assignment of copyright, or any such license specified ir section one, subsection (e), or for any copy of such assignment or license, duly certified, if not over three hundred words in length, one dollar; if more than three hundred and less than one thousand words in length, two dollars; if more than one thousand words in length, one dollar additional for each one thousand words or fraction thereof over three hundred words. For recording the notice of user or acquiescence specified in section one, subsection (e), twenty-five cents for each notice if not over fifty words, and an additional twenty-five cents for each additional one 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, one dollar. For recording the extension or renewal of copyright provided for in sections twenty-three and twenty-four of this Act, fifty cents. For recording the transfer of the proprietorship of copyrighted articles, ten 12607-09-16 cents for each title of a book or other article, in addition to the fee prescribed for recording the instrument of assignment. For any requested search of copyright office records, indexes, or deposits, fifty cents for each full hour One registra of time consumed in making such search: Provided, That only one registration at one fee shall be required in the case of several volumes of the same book deposited at the same time. tion fee, etc. Construction of "date of SEC. 62. That in the interpretation and construction of publication." this Act "the date of publication" shall in the case of a work of which copies are reproduced for sale or 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 proprietor of the copyright or under his authority, and the word "author" shall include an employer in the case of works made for hire. "Author." not affected. Repeal of con- SEC. 63. That all laws or parts of laws in conflict with flicting laws. Pending cases the provisions of this Act are hereby repealed, but nothing in this Act shall affect causes of action for infringement of copyright heretofore committed now pending in courts of the United States, or which may hereafter be instituted; but such causes shall be prosecuted to a conclusion in the manner heretofore provided by law. In effect July 1, 1909. SEC. 64. That this Act shall go into effect on the first day of July, nineteen hundred and nine. Mar. 4, 1909. [S. 2982.] [Public, No. 350.] pt. 1, p. 1088. CHAP. 321.-An Act To codify, revise, and amend the penal laws of the United States. Be it enacted by the Senate and House of Representa 35 Statio tives of the United States of America in Congress assem Criminalbled, That the penal laws of the United States be, and they hereby are, codified, revised, and amended, with title chapters, headnotes, and sections, entitled, numbered, and to read as follows: Code. Treason defined. R. S., sec. 5331. 1. Treason. 2. Punishment of treason. 3. Misprision of treason. 4. Inciting or engaging in rebel- 5. Criminal correspondence with Sec. SEC. 1. Whoever, owing allegiance to the United State levies war against them or adheres to their enemies, giv ing them aid and comfort within the United States or els where, is guilty of treason. |