AS AMENDED BY THE ACTS OF AUGUST 24, 1912, TOGETHER WITH RULES FOR PRACTICE AND PROCEDURE UNDER SECTION 25 BY THE SUPREME COURT OF THE With Supplementary Page: Act of December 18, 1919 Copyright Office Bulletin No. 14 [1,000, June, 1928] UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON 1928 ADDITIONAL COPIES OF THIS PUBLICATION MAY BE PROCURED FROM THE SUPERINTENDENT OF DOCUMENTS U. S. GOVERNMENT PRINTING OFFICE WASHINGTON, D. C. AT 10 CENTS PER COPY The Act here printed passed both Houses of Congress on March 3 and was signed by the President on March 4, 1909. (Statutes at Large, vol. 35, part 1, pp. 1075-1088.) The Act went into effect on July 1, 1909. As stated in its title, it is "An Act to Amend and Consolidate the Acts respecting Copyright," and it takes the place of the copyright enactments formerly in force, the repealing clause reading as follows: "That all laws or parts of laws in conflict with the provisions of this Act are hereby repealed, but nothing in this Act shall affect causes of action for infringement of copyright heretofore committed now pending in courts of the United States, or which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." (Section 63.) Section 25 provides that "Rules and regulations for practice and procedure under this section shall be prescribed by the Supreme Court of the United States." In compliance with this requirement "Rules for Practice and Procedure" were adopted and promulgated by the Supreme Court on June 1, 1909, and they are, for convenience, reprinted in this edition of the law, pages 35–37. The first Act amendatory of the new copyright law was approved on August 24, 1912. This Act, known as the "Townsend Bill," amends section 5 by adding two new classes of copyright works, namely, “(1) Motion-picture photoplays,” and “(m) Motion-pictures other than photoplays." It amends section 11 by including express directions for the deposit of the title and description and of a certain number of prints from the scenes, acts, or sections of each motion picture; and also by adding "dramatico-musical compositions" to the list of unpublished works enumerated in section 11 as subject matter of copyright. The Act further amends section 25 by providing special `limited damages in the case of infringement by means of motion pictures, where the infringer shows that he was not aware that he was infringing and that such infringement could not reasonably have been foreseen. The Act approved March 2, 1913, amends section 55 to require certain changes in the certificate of copyright registration. The Act approved March 28, 1914, amends section 12 so as to require the deposit of ONE copy only, in lieu of two copies, in the case of all works by an author who is a citizen or subject of a foreign. state or nation and has been published in a foreign country. 3 681511 The Act approved July 3, 1926, amends section 15, so as to secure copyright protection for published books not printed from type set or produced by lithographic process or photo-engraving process. This Act will afford a much desired relief to university professors, and other teachers in higher educational institutions, as well as to many commercial book publishers who produce books and periodicals by other methods. The Act approved May 23, 1928, amends sections 57 and 61 and increases the fees for registrations (etc.), and also the subscription price of the Catalogue of Copyright Entries. In this issue of the law the provisions of the new amendatory Acts have been substituted and the change in text is shown by using italic type in sections 5, 11, 12, 15, 21, 25, and 55 to show the new language. The full text of the amendatory Acts is printed on pages 29–34. This print also contains notice (pages 39-40) of the Presidential proclamations issued under provisions of law in relation to copyright in the United States for works of foreign authors, and the special proclamations 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 Australia and the territories of Papua and Norfolk Island, Austria, Belgium, Canada, Chile, Cuba, Czechoslovakia, Denmark, France, Germany, Great Britain, Italy, Luxemburg, Netherlands, New Zealand, Norway, Poland, Sweden, Switzerland, and the Union of South Africa. 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 49-50. The text of the Fourth Pan American Copyright Convention, proclaimed on July 13, 1914, is printed on pages 43-47. It is now in effect between the United States and Bolivia, Brazil, Costa Rica, the Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Nicaragua, Panama, Paraguay, and Uruguay. THORVALD SOLBERG, 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 38. P. S.-Of the act approved December 18, 1919, to amend sections 8 and 21 of the copyright act of March 4, 1909, section 21, all that is now in effect, is printed on page 34A. Constitutional provision respecting copyright (art. 1, sec. 8).. ACT OF MARCH 4, 1909. 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). Act of August 24, 1912, amending sections 5, 11, and 25, re motion pictures... Act of March 2, 1913, amending section 55, re certificate of copyright.. Act of March 28, 1914, amending section 12, re deposit of foreign books.. Act of July 3, 1926, amending section 15, re manufacture of books and periodicals. Act of May 23, 1928, amending sections 57 and 61, re fees... Rules for practice and procedure under section 25, adopted and promul- gated by the Supreme Court of the United States, June 1, 1909... Copyright convention between the United States and other American Republics, signed August 11, 1910, proclaimed July 13, 1914.... Copyright convention between the United States and Hungary, in force British order in council, February 3, 1915, and presidential proclamation, January 1, 1915; explanatory letter of Rt. Hon. A. Balfour... New Zealand order in council, February 2, 1916, and presidential procla- mation, February 9, 1917, both effective December 1, 1916..... Australia order in council, May 24, 1918, and presidential proclamation, April 3, 1918, both effective March 15, 1918.. |