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APPENDIXES

I

UNITED STATES OF AMERICA: COPYRIGHT

PROVISIONS

I. UNITED STATES COPYRIGHT CODE OF 1909

AN ACT TO AMEND AND CONSOLIDATE THE Acts

RESPECTING COPYRIGHT

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Exclusive any person entitled thereto, upon complying with the pro- right to visions of this Act, shall have the exclusive right:

print, pub

lish and vend (a) To print, reprint, publish, copy, and vend the copyrighted work;

(b) To translate the copyrighted work into other lan- To translate, guages or dialects, or make any other version thereof, if it dramatize be a literary work; to dramatize it if it be a nondramatic arrange and work; to convert it into a novel or other nondramatic work adapt, etc. if it be a drama; to arrange or adapt it if it be a musical work; to complete, execute, and finish it if it be a model or design for a work of art;

(c) To deliver or authorize the delivery of the copy- To deliver righted work in public for profit if it be a lecture, sermon, lectures, seraddress, or similar production;

mons, etc. (d) To perform or represent the copyrighted work publicly if it be a drama or, if it be a dramatic work and not re- To represent produced in copies for sale, to vend any manuscript or any dramatic record whatsoever thereof; to make or to procure the mak- works, or

make record, ing of any transcription or record thereof by or from which,

or exhibit in whole or in part, it may in any manner or by any method

or perform, be exhibited, performed, represented, produced, or repro- etc. duced; and to exhibit, perform, represent, produce, or reproduce it in any manner or by any method whatsoever;

(e) To perform the copyrighted work publicly for profit if it be a musical composition and for the purpose of public

To perform performance for profit; and for the purposes set forth in music and subsection (a) hereof, to make any arrangement or setting make ar

of it or of the melody of it in any system of notation or any rangement,

form of record in which the thought of an author may be setting, or record

recorded and from which it may be read or reproduced: Act not re

Provided, That the provisions of this Act, so far as they setroactive. cure copyright controlling the parts of instruments serving

to reproduce mechanically the musical work, shall include

only compositions published and copyrighted after this Music by Act goes into effect, and shall not include the works of a forforeign

eign author or composer unless the foreign state or nation author

of which such author or composer is a citizen or subject

grants, either by treaty, convention, agreement, or law, to Control of citizens of the United States similar rights: And provided mechanical

further, and as a condition of extending the copyright control musical re

to such mechanical reproductions, That whenever the owner production

of a musical copyright has used or permitted or knowingly acquiesced in the use of the copyrighted work upon the parts of instruments serving to reproduce mechanically the musical work, any other person may make similar use of the

copyrighted work upon the payment to the copyright proRoyalty for prietor of a royalty of two cents on each such part manuuse of music factured, to be paid by the manufacturer thereof; and the on records, copyright proprietor may require, and if so the manufacetc.

turer shall furnish, a report under oath on the twentieth
day of each month on the number of parts of instruments
manufactured during the previous month serving to repro-
duce mechanically said musical work, and royalties shall
be due on the parts manufactured during any month upon
the twentieth of the next succeeding month. The pay-
ment of the royalty provided for by this section sha
the articles or devices for which such royalty has been paid

from further contribution to the copyright except in case Notice of use of public performance for profit: And provided further, That of music on it shall be the duty of the copyright owner, if he uses the records

musical composition himself for the manufacture of parts License to

of instruments serving to reproduce mechanically the musiuse music

cal work, or licenses others to do so, to file notice thereof, on records

accompanied by a recording fee, in the copyright office, and any failure to file such notice shall be a complete defense to any suit, action, or proceeding for any infringement of such copyright.

In case of the failure of such manufacturer to pay to the Failure to copyright proprietor within thirty days after demand in pay royalties writing the full sum of royalties due at said rate at the date of such demand the court may award taxable costs to the plaintiff and a reasonable counsel fee, and the court may, in its discretion, enter judgment therein for any sum in addition over the amount found to be due as royalty in accordance with the terms of this Act, not exceeding three times such amount.

The reproduction or rendition of a musical composition Reproducby or upon coin-operated machines shall not be deemed a tion of music public performance for profit unless a fee is charged for ad- on coin

operated mission to the place where such reproduction or rendition

machines

Occurs.

SEC. 2. That nothing in this Act shall be construed to Right at annul or limit the right of the author or proprietor of an common law unpublished work, at common law or in equity, to prevent

or in equity the copying, publication, or use of such unpublished work without his consent, and to obtain damages therefor.

SEC. 3. That the copyright provided by this Act shall Component protect all the copyrightable component parts of the work parts of copycopyrighted, and all matter therein in which copyright is rightable

work already subsisting, but without extending the duration or scope of such copyright. The copyright upon composite Composite works or periodicals shall give to the proprietor thereof all works of the rights in respect thereto which he would have if each periodicals part were individually copyrighted under this Act

SEC. 4. That the works for which copyright may be se- Works procured under this Act shall include all the writings of an tected author.

SEC. 5. That the application for registration shall spe- Classificacify to which of the following classes the work in which tion of copycopyright is claimed belongs:

right works (a) Books, including composite and cyclopædic works, directories, gazetteers, and other compilations;

(b) Periodicals, including newspapers;

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