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CONTENTS

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Constitutional provision respecting copyright (art. 1, sec. 8)--

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Definitions; "date of publication,” “author” (sec. 62)

175

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Rules for practice and procedure under section 25, adopted
and promulgated by the Supreme Court of the United
States, June 1, 1909-.

179

Index__

183

(151)

CONSTITUTION, 1787

ART. I, SEC. 8. The Congress shall have power:

To promote the progress

of science and useful arts, BY SECURING FOR LIMITED TIMES TO AUTHORS and inventors THE EXCLUSIVE RIGHT TO THEIR respective WRITINGS and discoveries.

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 any person entitled thereto, upon complying with the provisions of this Act, shall have the exclusive right:

(a) To print, reprint, publish, copy, and vend the 'copy-Exclusive righted work;

publish and vend

Exclusive right to trans

arrange and

(b) To translate the copyrighted work into other languages or dialects, or make any other version thereof, if it late, dramatize, be a literary work; to dramatize it if it be a nondramatic adapt, etc. work; to convert it into a novel or other nondramatic work 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;

right to deliver

mons, etc.

dramatic

record, or ex

or

form, etc.

per

(c) To deliver or authorize the delivery of the copyrighted Exclusive work in public for profit if it be a lecture, sermon, address, lectures, seror similar production; (d) To perform or represent the copyrighted work pub- To represent licly if it be a drama or, if it be a dramatic work and not works, or make reproduced in copies for sale, to vend any manuscript or hibit any record whatsoever thereof; to make or to procure the making of any transcription or record thereof by or from which, in whole or in part, it may in any manner or by any method be exhibited, performed, represented, produced, or reproduced; and to exhibit, perform, represent, produce, or reproduce it in any manner or by any method whatsoever;

music and

ment, setting, or record

active

eign author

chanical musical reproduction

To perform (e) To perform the copyrighted work publicly for profit make arrange- if it be a musical composition and for the purpose of public performance for profit; and for the purposes set forth in subsection (a) hereof, to make any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced: Act not retro- Provided, That the provisions of this Act, so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after Music by for- this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States similar rights: And provided further, and as a condition of extending the copyControl of me right control to such mechanical reproductions, That whenever the owner 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 Royalty for copyright proprietor of a royalty of two cents on each such part manufactured, to be paid by the manufacturer thereof; and the copyright proprietor may require, and if so the manufacturer 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 reproduce 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 payment of the royalty provided for by this section shall free the articles or devices for which such royalty has been paid from further contribution to the copyright except in case of public performance for profit: Notice of use And provided further, That it shall be the duty of the copyright owner, if he uses the musical composition himself for the manufacture of parts of instruments serving to License to use reproduce mechanically the musical work, or licenses others

use of music on records, etc.

of music on rec

ords

music on records

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