Lapas attēli
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ePub

protection of unpublished works: lec

music, etc.

compliance the register of copyrights shall issue to him Copyright certificate the certificate provided for in section fifty-five of this Act. Copyright SEC. 11. That copyright may also be had of the works of an author of which copies are not reproduced for sale, tures, dramas, by the deposit, with claim of copyright, of one complete copy of such work if it be a lecture or similar production or a dramatic or musical composition; 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. But the privilege copies after pub- of registration of copyright secured hereunder shall not exempt the copyright proprietor from the deposit of copies under sections twelve and thirteen of this Act where the work is later reproduced in copies for sale.

Deposit of

lication

Two complete copies of

edition

contributions

best

SEC. 12. That after copyright has been secured by publication of the work with the notice of copyright as provided in section nine of this Act, there shall be promptly deposited in the copyright office or in the mail addressed to the register of copyrights, Washington, District of Columbia, two complete copies of the best edition thereof then published, which copies, if the work be a book or periodical, shall have been produced in accordance with the manufacturing provisions specified in section fifteen Periodical of this Act; or if such work be a contribution to a periodical, for which contribution special registration is requested, one copy of the issue or issues containing such Work not re-contribution; or if the work is not reproduced in copies produced in for sale, there shall be deposited the copy, print, photograph, or other identifying reproduction provided by section eleven of this Act, such copies or copy, print, photograph, or other reproduction to be accompanied in each No action for case by a claim of copyright. No action or proceeding until deposit of shall be maintained for infringement of copyright in any work until the provisions of this Act with respect to the deposit of copies and registration of such work shall have been complied with.

copies for sale

infringement

copies

Failure to de

Register of

SEC. 13. That should the copies called for by section

posit copies twelve of this Act not be promptly deposited as herein copyrights may provided, the register of copyrights may at any time after demand copies the publication of the work, upon actual notice, require

Failure to deposit on demand

the proprietor of the copyright to deposit them, and after the said demand shall have been made, in default of the deposit of copies of the work within three months from any part of the United States, except an outlying territorial possession of the United States, or within six months from any outlying territorial possession of the United States, or from any foreign country, the proprietor of the copyright shall be liable to a fine of one hundred dollars and to pay to the Library of Congress twice the amount of the retail price copies, best ediof the best edition of the work, and the copyright shall become void.

SEC. 14. That the postmaster to whom are delivered the articles deposited as provided in sections eleven and twelve of this Act shall, if requested, give a receipt therefor and shall mail them to their destination without cost to the copyright claimant.

Fine $100 and retail price of 2

tion

Forfeiture copyright

of

Postmaster's

receipt

type set within

States

eign language

or photo-en

graving process

Printing and

binding of the book

SEC. 15. That of the printed book or periodical specified Printed from in section five, subsections (a) and (b) of this Act, except the the United original text of a book of foreign origin in a language or Book in forlanguages other than English, the text of all copies accorded excepted protection under this Act, except as below provided, shall be printed from type set within the limits of the United States, either by hand or by the aid of any kind of typesetting machine, or from plates made within the limits of the United States from type set therein, or if the text be produced by lithographic process, or photo-engraving process, Lithographic then by a process wholly performed within the limits of the United States, and the printing of the text and binding of the said book shall be performed within the limits of the United States; which requirements shall extend also to the illustrations within a book consisting of printed text and Illustrations illustrations produced by lithographic process, or photoengraving process, and also to separate lithographs or photo-Separate engravings, except where in either case the subjects repre-photo-engravsented are located in a foreign country and illustrate a scientific work or reproduce a work of art; but they shall not apply to works in raised characters for the use of the Books in forblind, or to books of foreign origin in a language or languages excepted other than English, or to books published abroad in the English language seeking ad interim protection under this Act.

in a book

lithographs and

ings

Books for blind excepted

eign languages

American

Affidavit of SEC. 16. That in the case of the book the copies so demanufacture posited shall be accompanied by an affidavit, under the official seal of any officer authorized to administer oaths within the United States, duly made by the person claiming copyright or by his duly authorized agent or representative residing in the United States, or by the printer who has printed the book, setting forth that the copies deposited have been printed from type set within the limits of the United States or from plates made within the limits of the United States from type set therein; or, if the text be produced by lithographic process, or photo-engraving process, that such process was wholly performed within the limits and of the United States, and that the printing of the text and binding of the said book have also been performed within the limits of the United States. Such affidavit shall state Establishment also the place where and the establishment or establishments was done in which such type was set or plates were made or lithographic process, or photo-engraving process or printing and Date of publi-binding were performed and the date of the completion of the printing of the book or the date of publication.

Printing

binding of the book

where printing

cation

vit, a misde

False affida- SEC. 17. That any person who, for the purpose of obmeanor: fine, taining registration of a claim to copyright, shall knowingly feiture of copy- make a false affidavit as to his having complied with the

$1,000 and for

right

copyright

above conditions shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, and all of his rights and privileges under said copyright shall thereafter be forfeited. Notice of SEC. 18. That the notice of copyright required by section nine of this Act shall consist either of the word "Copyright" or the abbreviation "Copr.", accompanied by the name of the copyright proprietor, and if the work be a printed literary, musical, or dramatic work, the notice shall include also the year in which the copyright was secured by publication. In the case, however, of copies of works specified in subsections (f) to (k), inclusive, of section five of this Act, the Notice on notice may consist of the letter C inclosed within a circle, works of art, thus: C, accompanied by the initials, monogram, mark, or and prints symbol of the copyright proprietor: Provided, That on some cessible portion accessible portion of such copies or of the margin, back, permanent base, or pedestal, or of the substance on which such

maps, copies of

photographs,

Notice on ac

But in the

isting copyright

[See note on

copies shall be mounted, his name shall appear. case of works in which copyright is subsisting when this Act, Notice on exshall go into effect, the notice of copyright may be either in works one of the forms prescribed herein or in one of those pre- page 175] scribed by the Act of June eighteenth, eighteen hundred and seventy-four.

Notice of

SEC. 19. That the notice of copyright shall be applied, in copyright on the case of a book or other printed publication, upon its book title-page or the page immediately following, or if a periodical On periodical either upon the title-page or upon the first page of text of each separate number or under the title heading, or if a musical work either upon its title-page or the first page of music: Provided, That one notice of copyright in each each volume or volume or in each number of a newspaper or periodical periodical published shall suffice.

One notice in

Omission of

SEC. 20. That where the copyright proprietor has sought notice by accito comply with the provisions of this Act with respect to dent or mistake notice, the omission by accident or mistake of the prescribed notice from a particular copy or copies shall not invalidate the copyright or prevent recovery for infringement against any person who, after actual notice' of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an innocent infringer who has been misled by the omission of the notice; and in a suit for infringement no permanent injunction shall be had unless the copyright proprietor shall reimburse to the innocent infringer his reasonable outlay innocently incurred if the court, in its discretion, shall so direct.

Innocent

fringement

in

Book published abroad in

guage

SEC. 21. That in the case of a book published abroad in the English language before publication in this country, the the English landeposit in the copyright office, not later than thirty days after its publication abroad, of one complete copy of the foreign edition, with a request for the reservation of the copyright and a statement of the name and nationality of the author and of the copyright proprietor and of the date of publication of the said book, shall secure to the author or proprietor an ad interim copyright, which shall have all the force and effect given to copyright by this Act, and shall days endure until the expiration of thirty days after such deposit in the copyright office.

Ad interim copyright for 30

Extension full term

to

SEC. 22. That whenever within the period of such ad interim protection an authorized edition of such book shall be published within the United States, in accordance with the manufacturing provisions specified in section fifteen of Deposit of this Act, and whenever the provisions of this Act as to deposit of copies, registration, filing of affidavit, and the printing of the copyright notice shall have been duly complied with, the copyright shall be extended to endure in such book for the full term elsewhere provided in this Act.

copies, filing of affidavit

Duration of copyright: ist

Posthumous

cals, cyclopædic

works

28 years

SEC. 23. That the copyright secured by this Act shall term, 28 years endure for twenty-eight years from the date of first publication, whether the coyprighted work bears the author's true name or is published anonymously or under an asworks, periodi sumed name: Provided, That in the case of any posthuor composite mous work or of any periodical, cyclopædic, or other composite work upon which the copyright was originally secured by the proprietor thereof, or of any work copyrighted by a corporate body (otherwise than as assignee or licensee of the individual author) or by an employer for whom such work is made for hire, the proprietor of such copyright shall be entitled to a renewal and extension of the copyright in such work for the further term Renewal term of twenty-eight years when application for such renewal and extension shall have been made to the copyright office and duly registered therein within one year prior to the expiration of the original term of copyright: And provided further, That in the case of any other copyrighted 28 work, including a contribution by an individual author to a periodical or to a cyclopædic or other composite work when such contribution has been separately registered, the Renewal term author of such work, if still living, or the widow, widower, children, heirs or or children of the author, if the author be not living, or if such author, widow, widower, or children be not living, then the author's executors, or in the absence of a will, his next of kin shall be entitled to a renewal and extension of the Notice that re- copyright in such work for a further term of twenty-eight years when application for such renewal and extension shall have been made to the copyright office and duly registered therein within one year prior to the expiration of the orig

Other righted

first term years

copyworks,

28 years; to au

thor, widow,

next of kin

newal term is desired

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