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 records music on records to do so, to file notice thereof, 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 copyright proprietor within thirty days after demand in 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. Failure to pay royalties of music on coin chines ma The reproduction or rendition of a musical composition Reproduction by or upon coin-operated machines shall not be deemed a operated public performance for profit unless a fee is charged for admission to the place where such reproduction or rendi tion occurs. mon law or in SEC. 2. That nothing in this Act shall be construed to Right at comannul or limit the right of the author or proprietor of an equity unpublished work, at common law or in equity, to prevent the copying, publication, or use of such unpublished work without his consent, and to obtain damages therefor. parts of copy SEC. 3. That the copyright provided by this Act shall Component protect all the copyrightable component parts of the work rightable work copyrighted, and all matter therein in which copyright is 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 odicals the rights in respect thereto which he would have if each part were individually copyrighted under this Act. SEC. 4. That the works for which copyright may be secured under this Act shall include all the writings of an author. works or peri Works pro tected of copyright SEC. 5. That the application for registration shall specify Classification to which of the following classes the work in which copyright works is claimed belongs: (a) Books, including composite and cyclopædic works,, Books, compos directories, gazetteers, and other compilations; (b) Periodicals, including newspapers; ite, cyclopædic works; directories, gazetteers, etc. Classification does not limit copyright Compilations, abrid g ments, tions, trans tions (c) Lectures, sermons, addresses, prepared for oral delivery; (d) Dramatic or dramatico-musical compositions; (e) Musical compositions; (f) Maps; (g) Works of art; models or designs for works of art; (i) Drawings or plastic works of a scientific or technical character; (j) Photographs; (k) Prints and pictorial illustrations; Provided, nevertheless, That the above specifications shall not be held to limit the subject-matter of copyright as defined in section four of this Act, nor shall any error in classification invalidate or impair the copyright protection secured under this Act. SEC. 6. That compilations or abridgements, adaptations, dramatiza arrangements, dramatizations, translations, or other versions lations, new edi- of works in the public domain, or of copyrighted works when produced with the consent of the proprietor of the copyright in such works, or works republished with new matter, shall be regarded as new works subject to copyright under the provisions of this Act; but the publication of any such Subsisting new works shall not affect the force or validity of any subsisting copyright upon the matter employed or any part thereof, or be construed to imply an exclusive right to such copyright not affected matter of copy use of the original works, or to secure or extend copyright in such original works. Not subject- SEC. 7. That no copyright shall subsist in the original right; works in text of any work which is in the public domain, or in any government work which was published in this country or any foreign public domain; publications country prior to the going into effect of this Act and has not been already copyrighted in the United States, or in any publication of the United States Government, or any reprint, in whole or in part, thereof: Provided, however, That the publication or reproduction by the Government, either separately or in a public document, of any material in which copyright is subsisting shall not be taken to cause any abridgement or annulment of the copyright or to author ize any use or appropriation of such copyright material without the consent of the copyright proprietor. to author or proprietor for terms specified in Act SEC. 8. That the author or proprietor of any work made Copyright the subject of copyright by this Act, or his executors, administrators, or assigns, shall have copyright for such work under the conditions and for the terms specified in this Act: Provided, however, That the copyright secured by this Act shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or secure copynation, only: Foreign authors who may right protection domiciled in (a) When an alien author or proprietor shall be domi-, Alien authors ciled within the United States at the time of the first pub- U. S. lication of his work; or when citizens of (b) When the foreign state or nation of which such Authors author or proprietor is a citizen or subject grants, either countries granting reciprocal by treaty, convention, agreement, or law, to citizens of rights the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this Act or by treaty; or when such foreign state or nation is a party to an international International agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto. agreement proclamation page 177] on with notice ini The existence of the reciprocal conditions aforesaid Presidential shall be determined by the President of the United States, by proclamation made from time to time, as the purposes [See note of this Act may require. SEC. 9. That any person entitled thereto by this Act Publication may secure copyright for his work by publication thereof tiates copyright with the notice of copyright required by this Act; and such notice shall be affixed to each copy thereof published or offered for sale in the United States by authority of the copyright proprietor, except in the case of books seeking ad interim protection under section twenty-one of this Act. of copyright SEC. 10. That such person may obtain registration of Registration his claim to copyright by complying with the provisions of this Act, including the deposit of copies, and upon such |