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quired to protect sculpture, engravings and musical compositions and in respect to oral lectures.

The new British code bases copyright for all pub- The new lished works on first publication within "the parts of British code His Majesty's dominions to which this Act extends"

or as provided for in colonial or international ar

rangements

copyright of unpublished works depending upon British citizenship or residence at the time of making. Delivery of copies to the British Museum and on demand to the other libraries is required from the publisher of every book published in the United Kingdom, but on penalty of five pounds and the value of the book and not of forfeiture of copyright. The National Library of Wales is entitled to a sixth copy, in prescribed classes of books. Registration is no longer made a condition or circumstance of copyright.

Most of the British colonies have followed the precedent of the mother country, with slight variation, in their domestic legislation. Canada and Newfoundland, following the precedent of the United States, require copyright notice in statutory form.

France requires deposit of two copies upon publi- Other cation, and registration is required prior to a suit for countries infringement. Germany requires the registration of the name of the author of anonymous or pseudonymous works as the condition for copyright, but otherwise grants copyright practically as natural right without requiring formalities. The greater number of copyright countries do not impose any formalities except for specific privileges as the right of translation, of representation or of reproduction in the case of periodical contributions; or for special subjects as works of art, musical compositions, telegraphic messages, where these are protected, and oral lectures. Deposit of copies is, however, generally re

International provisions

quired, either before putting the book on the market or before circulation, or upon publication, or else within a specified time after publication, ranging from ten days in the case of Greece to two years in the case of Brazil, while in several countries no specific time is mentioned. In Italy, if no deposit of a registered work is made within ten years, the copyright is considered to be abandoned. The number of copies required varies in the several countries from one to six. In some countries specific formalities are required to establish the beginning of the term of protection for collective or posthumous works, etc., or in connection with the disclosure of the author's name on anonymous or pseudonymous works. Spain, Colombia and Panama, and Costa Rica have a curious provision that if a work is not registered within one year from publication the copyright is forfeited for ten years, at the end of which period it may be recovered by registration. Canada and Newfoundland, following the United States precedent, Australia, Holland and the Dutch colonies, and Siam require manufacture within the country. In several countries penalty for failure to deposit is provided, the limit being usually the value of a book and a sum not exceeding £5, or in France 300 francs. The deposit of a photograph or sketch of a work of art is in many countries required for purposes of identification.

International copyright throughout the countries of the International Copyright Union and the Pan American Union, if the Berlin and Buenos Aires conventions are ratified throughout, will depend, as now it depends for most countries, entirely on the formalities in the country of origin.

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THE AMERICAN MANUFACTURING PROVISIONS

In the American law of 1891, embodying the "inter- Manufacturnational copyright amendment" which for the first ing provision of 1891 time permitted the copyright in the United States of works by foreign authors not resident in this country, the copyright of books was conditioned on the manufacture within the United States, and this condition was made applicable also to American authors.

The American code of 1909 follows this precedent Text in 1909 in making manufacture within the United States a code sine qua non of copyright for printed books and periodicals, lithographs and photo-engravings, under the following provision (sec. 15), commonly cited as the manufacturing provision: "That of the printed book or periodical specified in section five, subsections (a) and (b) of this Act, except the original text of a book of foreign origin in a language or languages other than English, the text of all copies accorded protection under this Act, except as below provided, shall be printed from type set within the limits of the United States, either by hand or by the aid of any kind of typesetting machine, or from plates made within the limits of the United States from type set therein, or, if the text be produced by lithographic process, or photo-engraving process, then by a process wholly performed 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; which requirements shall extend also to the illustrations within a book consisting of

Scope and exceptions

Changes 1891-1909

printed text and illustrations produced by lithographic process, or photo-engraving process, and also to separate lithographs or photo-engravings, except where in either case the subjects represented are located in a foreign country and illustrate a scientific work or reproduce a work of art; but they shall not apply to works in raised characters for the use of the blind, or to books of foreign origin in a language or languages other than English, or to books published abroad in the English language seeking ad interim protection under this Act."

This manufacturing provision requires that every "book" except the original text of a book of foreign origin, i. e., not by an American writer in a language or languages other than English, or a book published abroad in the English language seeking ad interim protection, or a book in raised characters for the use of the blind, can obtain American copyright whether by an American or foreign author, only in case the type is set, the plates made and lithographic or photoengraving text or illustrations produced and the work printed and bound within the limits of the United States-inclusive, presumably, of the outlying dependencies. The provision extends to periodicals, though these are not subjected to the affidavit clause, and periodicals containing authorized copyrighted material are not prohibited from importation. The provisions extend also to lithographs or photo-engravings, issued separately as well as for book illustration, unless these represent foreign subjects or illustrate a scientific work or reproduce a work of art.

The provision of 1909 differs from the provision of 1891 in requiring that a book should be from plates type-set as well as made, and be printed and bound, within the United States, in adding periodicals and by omitting photographs and dropping the word

American

instances

chromo, and including photo-engravings as well as
lithographs. The inclusion of binding in the manu-
facturing provision met with especial opposition, on
the ground that binding is not an integral part of,
but an incidental addition to, a completed book.
The effect of these provisions, to cite specific in- German-
stances, is that an original German text by a non-
American author is exempt from the manufacturing
provisions, but that a French translation or an Eng-
lish translation is not, and that an original German
work by an American author must be manufactured
in this country to obtain protection, and that the
American author printing his work in English abroad
may claim ad interim protection but can obtain no
substantial benefit from it. In case a German-Ameri-
can citizen, or German resident of this country, writes
a book in the German language and prints it first
in Berlin, he can have no American copyright in
the German edition; and if copies of such an edition,
without copyright notice, should reach the United
States previous to manufacture and publication of
the work here, any one would have the right to re-
print it, and the work would be practically dedicated
to the public, while the copyright notice could not be
affixed to such foreign printed edition without viola-
tion of the law. If, however, the German work were
a translation made by or for the author of a work
written in English, the general copyright of the Eng-
lish work would cover the German edition, but the
German copies could not then be imported.

A drama copyrightable as such under subsection Dramas
(d) is not subject to the manufacturing provision, excepted
unless classified as a book under subsection (a). A
printed drama was held not to be subject as a
book to the manufacturing provision in Hervieu v.

Ogilvie, in the U. S. Circuit Court, by Judge Martin 167 K 978

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