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Provided, That in the case of photographs the fee shall be fifty cents where a certificate is not demanded. For every additional certificate of registration made, fifty cents. For recording and certifying any instrument of writing for the assignment of copyright, or any such license specified in section one, subsection (e), or for any copy of such assignment or license, duly certified, if not over three hundred words in length, one dollar; if more than three hundred and less than one thousand words in length, two dollars; if more than one thousand words in length, one dollar additional for each one thousand words or fraction thereof over three hundred words. For recording the notice of user or acquiescence specified in section one, subsection (e), twenty-five cents for each notice if not over fifty words, and an additional twenty-five cents for each additional one hundred words. For comparing any copy of an assignment with the record of such document in the copyright office and certifying the same under seal, one dollar. For recording the extension or renewal of copyright provided for in sections twenty-three and twenty-four of this Act, fifty cents. For recording the transfer of the proprietorship of copyrighted articles, ten for each title of a book or other article, in addition to the fee prescribed for recording the instrument of assignment. For any requested scarch for copyright office records, indexes, or deposits, fifty cents for each full hour of time consumed in making such search: Provided, That only one registration at one fee shall be required in the case of several volumes of the same book deposited at the same time.
SEC. 62. That in the interpretation and construction of this Act "the date of publication" shall in the case of a work of which copies are reproduced for sale or distribution be held to be the earliest date when copies of the first authorized edition were placed on sale, sold, or publicly distributed by the proprietor of the copyright or under his authority, and the word "author" shall include an employer in the case of works made for hire.
SEC. 63. That all laws or parts of laws in conflict with the provisions of this Act are hereby repealed, but nothing in this Act shall affect causes of action for infringement of copyright heretofore committed now pending in courts of the United States, or which may hereafter be instituted; but such causes shall be prosecuted to a conclusion in the manner heretofore provided by law.
SEC. 64. That this Act shall go into effect on the first day of July, nineteen hundred and nine.
A copyright may be taken out by any person resident in Canada, or any person being a British subject, and resident in Great Britain or Ireland." The book must be printed and published in Canada.
I subjoin two forms of agreement between authors holding copyrights, with publishers, for the publication of the book. I add a form of assignment of copyright.
Agreement between Author and Publisher.--Short Form. This Agreement, Made this day of in the year 19 by and between (name of author) and (name of publisher) witnesseth as follows:
The said (name of author) being now preparing a work, to be called (or on the subject of ) to be in volume hereby agrees and promises to complete the same for the press as rapidly as prac ticable, and to sell to the same (name of the publisher) for the sum of dollars, to be paid as hereinafter mentioned, the exclusive right of printing, publishing, and selling the first edition thereof, to consist of
copies. The copyright of said work to be secured and retained by said (name of author) as author and proprietor.
And the said (name of publisher) hereby agrees and promises to publish said edition of copies, and to pay to said (name of author) the dollars, by their promissory, negotiable notes, paymonths from the day of publication of
said sum of
able at average credit of
copies of said work, for pre
said edition; and also to give him sentation.
Witness our hands, in duplicate, this
Agreement between Author and
Articles of Agreement, Made this A.D. 19 by and between
(Signature of author.)
of the first part, and
booksellers and publishers, of the sec ond part, witnesseth, That the said (name of the author) in consideration of the agreements of the said (name of publishers) hereinafter contained, hereby agrees with them and their representatives and assigns that he will deliver to them on or before the A.D. 18 the manuscript of a book now in course of preparation by him, to be entitled said manuscript to be properly prepared for the press, and to be sufficient in amount for volume of not less than pages, similar to those of that he will secure in his own name a good and valid copyright thereof for the United States, and any renewals or extensions of such copyright to which he may hereafter be entitled, and will defend the same from all infringements and adverse claims, and will save the said and their representatives and assigns, harmless and indemnified from all such infringements and claims, and from all damage, costs, and expenses arising to them by reason thereof; that he will license and allow the said and their representatives and assigns, but no other party or parties, to print, publish, and sell the aforesaid book, and any revisions of the same, during the continuance of any copyrights or renewals thereof which he may obtain therefor; provided, however, that the said and their representatives and assigns shall in substantial good faith keep and perform their agreements hereinafter contained; and that dur ing the continuance of the exclusive rights hereby granted, he will revise said book as occasion may require, and will with all reasonable diligence and speed superintend in the usual manner of authors the printing of all editions thereof; and will not prepare, edit, or cause to be published, in his name or otherwise, anything which may injure or interfere with the sale of the aforesaid book.
And the said (name of the publishers) in consideration of the foregoing agreements of the said author of the aforesaid book, hereby agree on their part that they will, upon the delivery to them of the manuscript thereof as aforesaid, proceed at once to print and publish an edition of said book, of at least of which they will deliver to the said author for his own use without charge; that they will subsequently, from time to time, during the continuance of their enjoyment of the exclusive rights herein granted them, print and publish such other editions of said
book as the demand for the same may require,
copies of each of which they will deliver to said author for his own use without charge; that they will use their best exertions to secure the speedy sale of all such editions published by them as aforesaid; and that, upon the publication of each and every edition of said book, they will pay unto the said author, or his representatives or assigns, a sum equal to upon each and every copy of which said edition shall consist (excepting, however, said copies to be given to said author as aforesaid, and such other copies as may be used for presentation to editors and others for the purpose of obtaining reviews and notices, or otherwise to promote the sale of said book), which said sum shall be paid as follows (state the manner and times of payment, as by cash or notes) but from any sum so to be paid as aforesaid shall first be deducted the cost of any alterations or corrections, exceeding ten per cent. of the cost of first setting up the type, made by the said author in said book after the portion altered or corrected is in type.
In Witness Whereof, The said parties have hereto, and to another instru ment of like tenor, set their hands the day and year first above written.
(Signature of author.)
An Assignment of a Copyright.
To all whom it may Concern: Whereas I, (name of assignor) of in the County of and State of right from the United States for a work entitled certificate of said copyright bears date
did obtain a copy and the A.D. eighteen hundred
Now this Deed Witnesseth, That for a valuable consideration, viz.: to me in hand paid, the receipt of which is hereby acknowledged, I have assigned, sold, and set over, and by these presents do assign, sell, and set over unto the said (name of assignee) all the right, title, and interest I have in the above book (or design, etc.) as secured to me by said copyright. The same to be held and enjoyed by the said (name of assignee) for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said copyright was issued, as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made.
In Testimony Whereof, I have hereunto set my hand and affixed my seal, this day of in the year of our Lord one thousand
nine hundred and
Sealed and Delivered in Presence of
MEANS PROVIDED FOR THE RECOVERY AND COLLECTION OF
I. ARREST AND IMPRISONMENT.-In many States, no person can be arrested or imprisoned for debt. In California no female, and in Louisiana no female, and no person who has not a domicil in the State, and in Ohio no female, nor any officer or soldier of the Revolutionary army, can be arrested or imprisoned for debt. In all the States, the intention of the law is to limit imprisonment to those cases in which either fraud was committed in the contraction of the debt, or the debtor intends to abscond out of the reach of process. The provisions to effect this are very various. Generally, the plaintiff must file in the clerk's office, or indorse upon the writ, an affidavit of the facts on which he grounds the right of arrest. In some of the States, provision is made for the imprisonment on execution of a debtor who can be found to possess, and refuses to surrender, property or interest, real or personal, which might be made available for the payment of his debts.
2. THE TRUSTEE PROCESS.-The trustee process, or garnishee process, or process of foreign attachment,—by all which names it is known,-is now nearly or quite universal. It is substantially this: A owes B a debt; but A has no property in his hands or possession which B can get at; but A has deposited in the hands of C, goods, or property, or credits of some kind, or A has a valid claim against C for services rendered, or money loaned, or goods sold, or something else; and this B gets by suing A, not with a common writ, but with a trustee writ, so called, in which he declares that C is the trustee of A, for property, etc.; and on this writ, if B recovers payment against A, he will have an execution against all A's property in the hands of C, and all A's valid demands against C. But C, when notified, may come into court, and, in answer to all questions put to him, declare that he (C) has no property in his hands belonging to A, and that he does not owe A anything. And then the plaintiff may shape the questions as he pleases, to draw out the truth.
No one is adjudged trustee, or made to pay to the creditor the debt due to the debtor, if he has given a negotiable note for it, because he might have to pay it again to an honest indorsee. Nor if the debt is not certainly due; nor, generally, if it is due from the trustee in any official capacity, which will require him to account over for the money in his hands; nor if the debtor has recovered a judgment against the trustee, on which execution may issue.
The laws of the British Provinces for the collection of debts are similar in substance and purpose to those of the United States, with similar provisions against abuse or oppression.
3. THE HOMESTEAD.—In most of the States, a homestead is protected from creditors, and exempted from all attachment or execution, excepting in some States for taxes, or wagcs of labor to a certain amount.
Various provisions are made in each of these States to com bine a due protection of the creditor with proper prevention of fraud. The most common means are by requiring that "the homestead" should be distinctly defined and set apart, and in many cases by the additional requirement, that the description and location of it should be put on public record.
In all the States there are also exemption laws. These pro. vide very generally that bed and bedding and other necessary furniture, needful clothing, a Bible and school-books, and a certain amount of food and fuel, shall not be taken on attachment or execution. In some States, the tools of a trade, the uniform, arms, and equipments of soldiers or officers in the militia, the family burying-vault and gravestones, a team or yoke of oxen, bees with their hives and honey, a boat for fishing, etc., are exempted. These statutes often enumerate the articles exempted quite minutely, and then add, that necessary articles to a certain amount of value, usually one or two hundred dollars, are also exempted.
We give annexed to this chapter an Abstract of the Laws of all the States relating to the collection of debts