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COPYRIGHT IN CONGRESS

1789-1904

A Bibliography, and Chronological Record of all
Proceedings in Congress in relation to Copyright
from April 15, 1789, to April 28, 1904, First Con-
gress, 1st session, to Fifty-eighth Congress, 2d session

Prepared by

THORVALD SOLBERG

Register of Copyrights

Copyright Office Bulletin No. 8

PURDUE
UNIVERSITY
LIBRARY

WASHINGTON

GOVERNMENT PRINTING OFFICE

FEBRUARY, 1905

S.E..

DOL
LC 3.518

YTIGGVINU
YRABBLI

EDITION, 3500

(2)

Library of Congress,

Copyright Office.

FIFTY-EIGHTH CONGRESS, THIRD SESSION.

An Act to amend Section forty-nine hundred and fifty-two of the Revised Statutes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section forty-nine hundred and fifty-two of the Revised Statutes be, and the same is hereby, amended so as to read as follows:

"SEC. 4952. The author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph, or negative thereof, or of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts, and the executors, administrators, or assigns of any such person shall, upon complying with the provisions of this chapter, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending the same; and, in the case of a dramatic composition, of publicly performing or representing it, or causing it to be performed or represented by others. And authors or their assigns shall have exclusive right to dramatize or translate any of their works for which copyright shall have been obtained under the laws of the United States.

"Whenever the author or proprietor of a book in a foreign language, which shall be published in a foreign country before the day of publication in this country, or his executors, administrators, or assigns, shall deposit one complete copy of the same, including all maps and other illustrations, in the Library of Congress, Washington, District of Columbia, within thirty days after the first publication of such book in a foreign country, and shall insert in such copy, and in all copies of such book sold or distributed in the United

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Senate bill, no. 2894.

Senate bills, nos. 849 and 2229.

H. R. bill, no. 6487.

States, on the title page or the page immediately following, a notice of the reservation of copyright in the name of the proprietor, together with the true date of first publication of such book, in the following words: Published nineteen hundred and

Privilege of copyright in the United States reserved under the Act approved March third, nineteen hundred and five, by ,' and shall within twelve months after the first publication of such book in a foreign country, file the title of such book and deposit two copies of it in the original language or, at his option, of a translation of it in the English language, printed from type set within the limits of the United States, or from plates made therefrom, containing a notice of copyright, as provided by the copyright laws now in force, he and they shall have during the term of twenty-eight years from the date of recording the title of the book or of the English translation of it, as provided for above, the sole liberty of printing, reprinting, publishing, vending, translating and dramatizing the said book: Provided, That this Act shall only apply to a citizen or subject of a foreign State or nation when such foreign State or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as to its own citizens."

Approved, March 3, 1905.

SUMMARY.

The act which became law on March 3, 1905, originated in a measure introduced during the 57th Congress, 1st session, on January 15, 1902, by Senator O. H. Platt, of Connecticut, and was printed as Senate bill no. 2894. It was referred to the Senate Committee on Patents, but no further action on it is recorded. (See Bulletin No. 8, p. 69, Bibliography, I. Bills, no. 201.) During the 58th Congress, 1st session, on November 16, 1903, Senator O. H. Platt presented a substitute measure for Senate bill no. 2894, considerably altered, as Senate bill no. 849 (see Bulletin No. 8, p. 69, Bibliography, I. Bills, no. 203), but to correct an error it was reintroduced by Senator O. H. Platt in the next session, on December 8, 1903, as Senate bill no. 2229. On January 8, 1904, bill no. 2229 was reported from the Senate Committee on Patents (Senate report, no. 188) without amendment. (See Bulletin No. 8, pp. 70 and 83, Bibliography, I. Bills, nos. 207 and 210; II. Reports, no. 41, and, for full text of bill and report, .pp. 12-13.) On January 30, 1905, Senator O. H. Platt moved that in lieu of this bill H. R. bill no. 6487, introduced in the House on December 9, 1903, be taken up and considered, which was agreed to.

As already stated, in the 58th Congress, 2d session, on December 9, 1903, Mr. F. D. Currier, of New Hampshire, introduced H. R. bill no. 6487,

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to amend section forty-nine hundred and fifty-two of the Revised Statutes. (See Bulletin No. 8, p. 70, Bibliography, I. Bills, no. 208.) On March 1, 1904, it was reported with an amendment from the House Committee on Patents (House report, no. 1287). During the next session, on December 14, 1904, the bill passed the House and was presented to the Senate the next day. (See Bulletin No. 8, pp. 71, 72, 83, Bibliography, I. Bills, nos. 214 and 220; II. Reports, no. 42, and, for the full texts of bill and report, pp. 14-18.) It was favorably reported to the Senate (Senate report, no. 3380) by the Senate Committee on Patents, on January 27, 1905. (For full text of report see Bulletin No. 8, pp. 386–387.) On January 30, 1905, it was reached by the Senate and, after discussion participated in by Senators O. H. Platt, H. C. Lodge, A. O. Bacon and A. P. Gorman, an amendment to the bill was suggested by Senator Bacon to provide for the printing of a notice of the reservation of copyright in all copies of the first foreign edition of the works sought to be protected by the act. Senator O. H. Platt submitted such an amendment as a substitute on February 2, 1905, and the bill, thus materially changed, was taken up, read and agreed to, and passed by the Senate on February 25th following. The House concurred in the Senate amendments on Tuesday, February 28th, and on Wednesday, March 1st, the measure was duly enrolled and signed by the Speaker and the President of the Senate. On Thursday, March 2, 1905, it was laid before the President of the United States for his signature, and was approved by him on the following day. (See full text above.)

HOUSE OF REPRESENTATIVES BILL NO. 13355.

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During the 58th Congress, 2d session, on March 2, 1904, Mr. James H. R. bill, no. A. Tawney, of Minnesota, introduced a bill (H. R. 13355) to amend the copyright laws, which was referred to the House Committee on Patents. (See Bulletin No. 8, p. 71, Bibliography, I. Bills, no. 215.) On April 26, 1904, it was reported by Mr. N. P. Otis, from the Committee on Patents, with amendments (House report, no. 2857) and was passed, and during the next session, on December 6, 1904, it was presented to the Senate and referred to the Committee on Patents. (See Bulletin No. 8, pp. 72, 83, Bibliography, I. Bills, nos. 217 and 218; II. Reports, no. 43, and, for full text of bill, pp. 22-24, and of report, pp. 24-26.)

Subsequently (beyond the record contained in Bulletin No. 8) Senator T. C. Platt, of New York, presented a memorial of the American [Authors'] Copyright League, of New York City, remonstrating against the passage of H. R. bill no. 13355, which was referred to the Committee on Patents. On February 15, 1905, Senator A. B. Kittredge, from the Committee on Patents,

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