Bulletin

Senate bill, no. 2894.

Senate bills, nos. 849 and 2229.

H. R. bill, no.

0487.

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 lib-
erty 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 substan-
tially 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 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.

no. 2229.

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,

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.

13355

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, J. 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,

Senate report, no. 3908.

reported the bill with amendments and submitted the following report thereon, indicating the proposed changes in the text of the bill, which virtually restrict the provision as to an affidavit solely to books:

Senate report, no. 3908, 58th Congress, 3d session. To amend the copyright laws. (February 15, 1905.-Ordered to be printed.) Mr. Kittredge, from the Committee on Patents, submitted the following report, to accompany H. R. 13355:

The Committee on Patents, to whom was referred the bill (H. R. 13355) to amend the copyright laws, recommend that said bill do pass with the following amendments:

Strike out the words "photo, chromo, or lithograph" in line 15, page 3, of the printed bill.

Strike out the words "or from negatives or drawings on stone made within the limits of the United States or from transfers made therefrom" in lines 24 and 25, page 3, and line 1, page 4, of the printed bill.

Strike out the words "or negatives" in line 2, page 4, printed bill.

At the end of section 1 (page 4, printed bill), insert the words "the affidavit herein required does not apply to periodicals."

Strike out the words "violating any of the provisions of this act or" appearing in lines 4 and 5 section 2, page 4, of the printed bill.

In line 6, page 4, of the printed bill, strike out the word "thereof" and insert the words "of this Act."

This bill is a reenactment of section 4956 of the Revised Statutes to the words "And provided further," in line 13, page 3, of the printed bill. The remainder of the bill requires that an affidavit accompany the two copies of the book mentioned in said section, stating that such book has been printed from type set within the limits of the United States or from plates made therefrom. The second section of the bill declares that the making of a false affidavit is a misdemeanor and punishes the offender by a fine, and his rights and privileges under the copyright are forfeited. It has seemed best to the committee to limit the proposed addition to existing law to books, except periodicals.

The reason for the amendment to existing law is that, in the judgment of your committee, it is not only possible but in some instances it has been made clear that the present law has been evaded and violated, to the injury of American labor. Under existing law this can be done, and there is no remedy or practical way of enforcing the condition requiring that the type be set within the United States or from plates made therefrom.

On March 3, 1905, the bill H. R. 13355 was called as next in order; but was voted to go over.

ADDENDA TO

bringing it up to the end of the 58th Con

gress, March 3, 1905.

(30, iii, 1905-3,500.)

CONTENTS

PREFATORY NOTE.

INTRODUCTION:

1. REVISION OF THE COPYRIGHT LAWS

2. PROPOSED LEGISLATION

3. FULL TEXTS OF PENDING COPYRIGHT BILLS AND AC-

COMPANYING REPORTS