The copyright of works of the fine arts and cognate American works is specifically provided for in the code of 1909 provisions by including as subject-matter of copyright (sec. 5) the following divisions: “(f) Maps; (g) Works of art; models or designs for works of art; (h) Reproductions of a work of art; (i) Drawings or plastic works of a scientific or technical character; (j) Photographs; (k) Prints and pictorial illustrations." It is not intended to include under subsection (k) labels or prints of advertising or commercial character which may be registered as trade-marks under the Trade-Mark law in the Patent Office. The proprietor of a work of art is given in addition to the general rights (sec. I, a) the specific rights (sec. I, b) "to complete, execute, and finish it if it be a model or design for a work of art." The new Coypright Office Rules and Regulations, Copyright promulgated 1910, define these classifications in the Office classifollowing language: "11. (f) Maps. - This term includes all cartographical works, such as terrestrial maps, plats, marine charts, star maps, but not diagrams, astrological charts, landscapes, or drawings of imaginary regions which do not have a real existence. "12. (g) Works of art. This term includes all works belonging fairly to the so-called fine arts. (Paintings, drawings, and sculpture.) "Productions of the industrial arts utilitarian in purpose and character are not subject to copyright registration, even if artistically made or ornamented. "No copyright exists in toys, games, dolls, advertising novelties, instruments or tools of any kind, glassware, embroideries, garments, laces, woven fabrics, or any similar articles. - "13. (h) Reproductions of works of art. This term refers to such reproductions (engravings, woodcuts, etchings, casts, etc.) as contain in themselves an fication defi nitions artistic element distinct from that of the original work of art which has been reproduced. "14. (i) Drawings or plastic works of a scientific or technical character. This term includes diagrams or models illustrating scientific or technical works, architects' plans, designs for engineering work, etc. "15. (j) Photographs. - This term covers all positive prints from photographic negatives, including those from moving-picture films (the entire series being counted as a single photograph), but not photogravures, half tones, and other photo-engravings. "16. (k) Prints and pictorial illustrations. This term comprises all printed pictures not included in the various other classes enumerated above. "Articles of utilitarian purpose do not become capable of copyright registration because they consist in part of pictures which in themselves are copyrightable, e. g., puzzles, games, rebuses, badges, buttons, buckles, pins, novelties of every description, or similar articles. "Postal cards cannot be copyrighted as such. The pictures thereon may be registered as 'prints or pictorial illustrations' or as 'photographs.' Text matter on a postal card may be of such a character that it may be registered as a 'book.' "Mere ornamental scrolls, combinations of lines and colors, decorative borders, and similar designs, or ornamental letters or forms of type are not included in the designation 'prints and pictorial illustrations.' Trademarks cannot be copyrighted nor registered in the Copyright Office." The question The new law does not specifically make clear the of exhibition relation between the exhibition of works of art and publication, or define whether or not exhibition may constitute dedication to the public and thus prevent the protection of the copyright thereafter. But in making copyright a sequent to publication (sec. 9) and providing (sec. 2) "that nothing in this Act shall be construed to annul or limit the right of the author or proprietor of an unpublished work, at common law or in equity, to prevent the copying, publication, or use of such unpublished work," it makes it at least probable that the author of an artistic or cognate work who simply exhibits, does not surrender the right to copyright. The trend of the courts in recent decisions has been, as in the Werkmeister case, cited below, to protect exhibited works, at least where any reservation of rights could be construed into the circumstances of the exhibition; but it is still uncertain whether the exhibition of a work of art at a public museum where there is no regulation against copying or reservation by the artist, might not constitute a dedication and thus prevent later copyright. work In providing however (sec. II) specifically "that Protection of copyright may also be had of the works of an author unpublished of which copies are not reproduced for sale, by the deposit, with claim of copyright . . . of a photographic print if the work be a photograph; or of a photograph or other identifying reproduction thereof if it be a work of art or a plastic work or drawing," it gives to the artist or the author of a cognate work an easy means of protecting his production beyond question; and he is not wise who neglects the simple precaution provided in the law. It is not made absolutely clear in the new law Copyright whether the copyright notice must be attached to the notice original of a work of art; but again the provision for protection is so simple that it is wise to take advantage of the method of the law, by placing the copyright notice on the original. The copyright notice may be in the form (sec. 18) "Copyright' or the abbreviation 'Copr.' accompanied by the name of Deposit the copyright proprietor," the year of publication not being required in the case of an artistic work. It is further provided that "in the case of copies of works specified in subsections (f) to (k), inclusive, of section five of this Act, the notice may consist of the letter C inclosed within a circle, thus: C, accompanied by the initials, monogram, mark, or symbol of the copyright proprietor: Provided, That on some accessible portion of such copies or of the margin, back, permanent base, or pedestal, or of the substance on which such copies shall be mounted, his name shall appear. If the copyright notice is attached to the original, it is not made clear whether it should be on the face of the work and visible to the casual spectator; but again the wise artist will take an easy precaution. It is further required (sec. 12) that "if the work is not reproduced in copies for sale, there shall be deposited the copy, print, photograph, or other identifying reproduction" required as above stated, “accompanied in each case by a claim of copyright." The new Copyright Office Rules and Regulations schedule (17) among unpublished works that may be registered "(c) photographic prints; (d) works of art (paintings, drawings, and sculpture), and (e) plastic works," and states specifically as to the deposit in such cases: "19. (2) In the case of photographs, deposit one copy of a positive print of the work. (Photo-engravings or photogravures are not photographs within the meaning of this provision.) "20. (3) In the case of works of art, models or designs for works of art, or drawings or plastic works of a scientific or technical character, deposit a photographic reproduction." As deposit in the case of an unpublished work takes the place of publication and deposit in the case of works reproduced for sale, there can be no claim for statutory protection of an unpublished work of art without the deposit of the identifying copy, and the general provision (sec. 13) for fine and for voiding of copyright in the case of non-deposit, has, of course, no bearing on unpublished works. Any action or proceeding in respect to an unpublished work not registered by deposit must therefore be under common law and not under statutory provision. ments To sum up, the author of a work of art, who is ex- Summary hibiting his painting or statue or other work and not of requiremultiplying copies for sale, will assure himself of full protection if before such exhibition he places on the original work, in some visible but not obtrusive fashion, the letter C inclosed in a circle with his name or mark, and deposits a photograph of such work with the Librarian of Congress or in the mails addressed to him, accompanied by a claim of copyright, for which an application form (J2, "photograph not reproduced for sale") is furnished on request, by the Copyright Office from Washington, -with inclosure of one dollar. As soon as the artist multiplies copies for sale, or permits reproduction of his work, as in a newspaper report of an exhibition, for instance, he must then take the precaution of depositing two copies of such reproduction as provided in general by the act, and it is further provided (sec. 18) "that on some accessible portion of such copies or of the margin, back, permanent base, or pedestal, or of the substance on which such copies shall be mounted, his name shall appear." In case two copies are not so deposited, it is probable that a fine and forfeiture of copyright would ultimately ensue, as indicated in section 13. It is specifically provided (sec. 41) that copyright |