That protection to the men engaged in the work of setting type, making plates, printing and binding books is given by this section, which also carries the penalty provision for knowlingly making a false affidavit as to compliance with those provisions.

But however the discrepancies may have arisen, I do not think they are such as to justify a modification of the plain and unequivocal meaning of the clause in section 15 which relates to "separate" lithographs and photoengravings, and therefore find against the applicants' first contention.

Second. The second question is whether or not the cards in question fall within the exception

Where in either case the subjects represented are located in a foreign country and illustrate a scientific work or reproduce a work of art.

It is insisted on the part of the applicants that the phrase "or reproduce a work of art " should be treated as separate and distinct from the preceding phrases, and that the exception should read as if written, "except where in either case the subjects represented are located in a foreign country and illustrate a scientific work, and except where they reproduce a work of art."

In my judgment such a construction of the exception is not warranted and this is clearly shown by the comments of the committee having the bill in charge, and by the history of the bill in Congress. The bill as originally reported omitted the phrase "and illustrate a scientific work or reproduce a work of art," which left the exception reading "except where in either case the subjects represented are located in a foreign country." (Cong. Rec., vol. 43, 60th Cong., p. 3702.)

Upon this subject the committee in its comments said:

An exception, so far as lithographs and photo-engravings are concerned, is made in case "the subjects represented are located in a foreign country."

It was contended with much force in the hearings before the committee that the color scheme in lithographs to illustrate a scientific work, particularly a work on surgery, must be worked out under the eye of the author. It was further said that a lithograph reproducing a painting must be worked out in front of the painting, and that possibly the same theory would apply to a lithograph of scenery or any lithograph intended to accurately represent the color scheme of any object. The committee finally decided to leave this matter as it is now found in the bill, although it was contended that the exception might well be confined to lithographs illustrating a scientific work or reproducing a work of art.

And in accordance with the last suggestion, the committee subsequently added the phrases making the limitation mentioned, as an amendment to the bill. (Cong. Rec., vol. 43, 60th Cong., p. 3704.)

There can therefore be no doubt that the meaning of this exception is that the subject represented in the lithograph or photo-engraving must be located in a foreign country, whether that subject be something the representation of which is used to illustrate a scientific work or a work of art.

It is true that the clause when thus interpreted is not strictly grammatical, but in fact, by any interpretation, the words "lithographs or photo-engravings " must be understood as subjects of "illustrate " and "reproduce," as it is quite clear that it is not "the subjects" that "illustrate a scientific work or reproduce a work of art," but the lithographs or photo-engravings of such subjects.

Therefore the exception is not so broad as is contended for by the applicants; but as here construed, since the paintings are located in a foreign country, these cards fall within the exception, provided the paintings are "works of art "; and since they have been copyrighted as such, and possess artistic beauty, I know of no reason why they should not be so considered.

It has been suggested that if it be held that lithographs and photo-engravings of all works of art located in a foreign country may be made abroad, the purpose of the law to protect American workmen might be evaded by carrying works of art from this country into a foreign country and there having them lithographed, and also by having paintings made in a foreign country for the purpose of lithographing. Whether or not Congress had such grounds of objection in mind when this act was passed, does not appear from its language; and I am not now called upon to determine whether a painting carried from this country into a foreign country for the purpose of evading the spirit of the law and in fraud of the law, would be considered as located in a foreign country in the sense of the statute; but there is certainly nothing in the act to indicate that Congress intended to make any distinction between works of art based upon the purposes for which they are created. If Congress had not intended to embrace in the exception paintings

1515-28- -17

created in a foreign country for the purpose of lithographing or photo-engraving, it could easily have expressed such intent; and since it failed to do so by the use of any language from which such a restriction may be implied, it is not within the province of a judicial officer called upon to interpret this statute to read into the act a provision of such a vital character.

On both questions presented I think the plain, common-sense meaning of the terms of the statute should be followed, a modification thereof not being warranted by any other provisions in the art or by extrinsic facts.

Therefore, since the original paintings have already been classified by the Register of Copyrights as works of art and have been registered as such, I am of the opinion that the cards in question should be admitted to registration for copyright as reproductions of works of

art.

Respectfully,

GEO. W. WICKERSHAM,

Attorney General.

THE PRESIDENT.

["Official Opinions of the Attorneys General of the United States" Vol. 28, pp. 150-158.]

7

COPYRIGHTED BOOKS.

Rebinding abroad of books copyrighted in the United States does not operate to exclude such books from reimportation. Opinion of Attorney General, March 1, 1910. TREASURY DEPARTMENT,

March 10, 1910.

SIR: Referring to your letter of January 18 and the department's reply of January 27 last, relative to certain copyrighted books which had been printed and bound in the United States, as required by section 15 of the copyright act of March 4, 1909, and subsequently sent abroad and rebound and returned to the United States, and detained by you as a prohibited importation under section 31 of the copyright act, I have to advise you that the matter was submitted to the Attorney General for an expression of his views as to whether such books are prohibited importations under the copyright act.

The department is in receipt of an opinion by the Attorney General dated March 1, 1910 (copy herewith), in which it is held that the rebinding abroad of a book copyrighted in the United States does not operate to exclude such book from reimportation.

In view of the opinion of the Attorney General, you are hereby authorized to permit entry of the books in question.

Respectfully,
(70199.)

JAMES F. CURTIS,

Assistant Secretary.

COLLECTOR OF CUSTOMS, Chicago, Ill.

[OPINION OF THE ATTORNEY GENERAL]

REIMPORTATION OF COPYRIGHTED BOOKS REBOUND ABROAD.

Copyrighted books which have been printed from type set within the United States, and the printing and binding both performed within the limits thereof, may be rebound abroad and reimported without violating section 31 of the copyright act of March 4, 1909 (35 Stat. 1082).

A book is "produced" within the meaning of section 31 of the copyright act when it is printed and bound. Its manufacture is then completed, and it becomes entitled to all the protection offered by the copyright laws.

DEPARTMENT OF JUSTICE,

Washington, March 1, 1910. SIR: I have the honor to acknowledge receipt of your communication of the 10th ultimo, in which you request my opinion (1) as to whether copyrighted books which have been printed from type set within the United States, and the printing and binding both performed within the limits thereof, if sent abroad and rebound, are prohibited importations under the provisions of section 31 of the copyright act of March 4, 1909 (35 Stat. 1075), and if so (2) whether such books may be admitted to entry when not more than one copy is imported at one time for individual use and not for sale, under the first exception of subsection (d) of said section 31.

By section 15 of said act it is provided:

*

That of the printed book * * all copies accorded protection under this act * * * shall be printed from type set within the limits of the United States * * * and the printing of the text and binding of the said book shall be performed within the limits of the United States. * **

By section 31 it is provided:

*

That during the existence of the American copyright in any book the importation into the United States * * of any copies thereof (although authorized by the author or proprietor) which have not been produced in accordance with the manufacturing provisions specified in section fifteen of this act * * is hereby prohibited.

Manifestly a book is produced within the meaning of section 31 when it is printed and bound; and the binding required to be done in the United States is the original binding, the one which enters into the original production of the book. When the manufacture of the book is thus completed it is entitled to all the protection offered by the copyright laws, and it may be exported and thereafter imported at the pleasure of the owner and without any violation of section 31 of the act.

There is, furthermore, nothing in the act to indicate any intention that a book may be deprived of this protection or right of importation when it has once been acquired. If it shall become necessary or proper that the book be rebound it is not thereby made a new book, but remains the same book, the one that was printed and originally bound in the United States as required by the statute.

I am of the opinion, therefore, that the rebinding abroad of a book copyrighted in the United States does not operate to exclude such book from reimportation. This conclusion renders it unnecessary to discuss the second proposition.

Respectfully,

GEO. W. WICKERSHAM,
Attorney General.

The SECRETARY OF THE TREASURY.

66

8°.

["Treasury Decisions," vol. 19, No. 11, March 17, 1910. Washington, Government Printing Office, 1910, pp. 4–5. Official Opinions of the Attorneys General of the United States," vol. 28, pp. 209-211.]

8

COPYRIGHT-RENEWALS AND EXTENSIONS.

The renewal or extension of copyrights under section 24 of the act of March 4, 1909 (35 Stat. 1080), can be secured only by the person or persons specifically designated in the statute, and can not, therefore, be granted to the assignee of the copyright.