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LIBRARY OF CONGRESS.

THE

COPYRIGHT LAW

OF THE

UNITED STATES OF AMERICA,

IN FORCE JULY 15, 1907.

BEING THE REVISED STATUTES OF THE UNITED STATES, TITLE 60, CHAPTER 3
(1873), AS AMENDED BY THE ACTS APPROVED JUNE 18, 1874; AUGUST 1,
1882; MARCH 3, 1891; MARCH 3, 1893; MARCH 2, 1895; JANUARY
6, 1897; FEBRUARY 19, 1897; AND MARCH 3, 1897. WITH
THE TEXT OF THE ACT OF JANUARY 7, 1904,

AND OF THE ACT OF MARCH 3, 1905.

PREPARED BY

THORVALD SOLBERG,

REGISTER OF COPYRIGHTS.

COPYRIGHT OFFICE,

BULLETIN NO. 1.

6th Edition, 5th Thousand.

1,000—15-ix-1907.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.

1907.

COPYRIGHT OFFICE PUBLICATIONS.

BULLETIN No. 2.-DIRECTIONS FOR THE REGISTRATION OF COPYRIGHTS. Directions for the registration of Copyrights, under the Laws of the United States. 6th Rev. ed. 50 pp. 8°. Washington Government Printing Office, 1906.

BULLETIN No. 3.-COPYRIGHT ENACTMENTS, 1783-1906. Copyright enactments of the United States, 1783–1906. 20 Rev. ed. 174 pp. 8°. Washington, Government Printing Office, 1906.

BULLETIN NO. 4.-INTERNATIONAL COPYRIGHT. The Texts of the various international conventions, proclamations of the President of the United States, and bibliography of copyright treaties now in force. In preparation.

BULLETIN No. 5.- COPYRIGHT IN ENGLAND. Copyright in England. Instructions for registration for copyright protection within the British Dominions. 2d ed. To which is added: A digest of the English copyright law, by Sir James Stephen, and copyright acts from 1875 to date. Reprinted from official documents. 101 pp. 8° Washington, Government Printing Office, 1902.

BULLETIN No. 6.—COPYRIGHT IN CANADA AND NEWFOUNDLAND. Copyright in Canada and Newfoundland. Rules and forms for copyright registration in Canada, together with the copyright laws of Canada, Newfoundland, New Brunswick, Nova Scotia, and Prince Edward Island. 126 pp. 8° Washington, Government Printing Office, 1903.

BULLETIN No. 7.-BIBLIOGRAPHY OF FOREIGN COPYRIGHT LAWS.

A List of the foreign copyright laws now in force, with citations of printed texts and translations, etc. 81 pp. 8°. Washington, Government Printing

1904. [Limited edition.]

Office,

BULLETIN No. 8.—COPYRIGHT IN CONGRESS, 1789–1904. A Bibliography, and Chronological Record of all Proceedings in Congress in relation to Copyright from April 15, 1789, to April 28, 1904, First Congress, first session, to Fifty-eighth Congress, second session. 468 pp. 8°. Washington, Government Printing Office, 1905.

Supplied by the Superintendent of Documents; price, cloth, 65 cents.

BULLETIN NO. 9.-UNITED STATES AND FOREIGN COPYRIGHT LAWS. The Provisions of the United States copyright laws, with a summary of some parallel provisions of the copyright laws of foreign countries. 51 pp. 4°. Washington, Government Printing Office (Library Division), 1905.

BULLETIN No. 11.-COPYRIGHT IN JAPAN. Copyright in Japan. Law of March 3, 1899, and copyright convention between the United States and Japan, May 10, 1906, together with the text of earlier enactments. V+50 pp. 8°. Washington, Government Printing Office, 1906.

REPORT ON COPYRIGHT LEGISLATION. Report on copyright legislation, by the Register of Copyrights, with list of United States copyright laws, Revised Statutes relating to copyright, with subsequent enactments, and list of foreign copyright laws. 159 pp 8°. Washington, Government Printing Office, 1904.

us

List of public Acts relating to Copyright passed by the Congress of the auta United States, from 1790 to 1905, inclusive.

nol May 31, 1790 [ORIGINAL COPYRIGHT ACT]-First Congress, second session,

1907 chapter 15: An Act for the encouragement of learning, by securing the copies of maps, charts, and books to the authors and proprietors of such copies, during OMGUL the times therein mentioned. Statutes at Large, vol. 1, pp. 124-126.

April 29, 1802–Seventh Congress, first session, chapter 36: An Act supplementary to an Act, intituled “An Act for the encouragement of learning, by securing the copies of maps, charts, and books to the authors and proprietors of such copies during the times therein mentioned,” and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints. Statutes at Large, vol. 2, pp. 171, 172.

February 15, 1819–Fifteenth Congress, second session, chapter 19: An Act to extend the jurisdiction of the circuit courts of the United States to cases arising under the law relating to patents [and copyrights]. Statutes at Large, vol. 3, pp. 481, 482.

February 3, 1831 [FIRST REVISION]-Twenty-first Congress, second session, chapter 16: An Act to amend the several acts respecting copyrights. Statutes at Large, vol. 4, pp. 436-439.

June 30, 1834-Twenty-third Congress, first session, chapter 157: An Act supplementary to the Act to amend the several acts respecting copyrights. [Requiring the recording of assignments of copyrights.] Statutes at Large, vol. 4,

p. 728.

August 10, 1846--Twenty-ninth Congress, first session, chapter 178, section 10 : An Act to establish the “Smithsonian Institution.” [Requiring the delivery of one copy of book, etc., to the Librarian of the Smithsonian Institution, and one copy to the Librarian of Congress.] Statutes at Large, vol. 9, p. 106.

March 3, 1855—Thirty-third Congress, second session, chapter 201, section 5: An Act making appropriations for the service of the Post Office Department during the fiscal year 1856. [Providing for the free transmission of copyright deposits.] Statutes at Large, vol. 10, p. 685.

August 18, 1856–Thirty-fourth Congress, first session, chapter 169: An Act supplemental to an Act entitled “An Act to amend the several acts respecting copyright," approved February 3, 1831. [Securing the sole right of representation in the case of Dramatic Compositions.] Statutes at Large, vol. 11, pp. 138, 139.

February 5, 1859—Thirty-fifth Congress, second session, chapter 22, sections 6 and 8: An Act providing for keeping and distributing all public documents. [Providing for the removal of aìl copyright deposits and records from the Department of State to the Department of the Interior.] Statutes at Large, vol. 11, pp. 380, 381.

February 18, 1861—Thirty-sixth Congress, second session, chapter 37: An Act to extend the right of appeal from decisions of circuit courts to the Supreme court of the United States (in copyright cases]. Statutes at Large, vol. 12, pp. 130, 131.

March 3, 1865—Thirty-eighth Congress, second session, chapter 126: An Act supplemental to an Act entitled “An Act to amend the several acts respecting copyright,” approved February 3, 1831, and to the acts in addition thereto and amendment thereof. [Extending copyright protection to photographs, etc.] Statutes at Large, vol. 13. pp. 540, 541.

February 18, 1867- Thirty-ninth Congress, second session, chapter 43: An Act amendatory of several acts respecting copyrights. [Imposing a penalty of $25 for failure to deposit copies in Library of Congress; and providing for the free transmission by mail of copyright matter.”] Statutes at Large, vol. 14, p. 395.

July 8, 1870 [SECOND REVISION]-Forty-first Congress, second session, chapter 230, sections 85–110: An Act to revise, consolidate, and amend the Statutes relating to patents and copyrights. Statutes at Large, vol. 16, pp. 212–217.

December 1, 1873 [THIRD PEVISION]-Revised Statutes, title 60, chapter 3: Statutes at Large, vol 18, part 1, pp. 957-960.

June 18, 1874–Forty-third Congress, first session, chapter 301: An Act to amend the law relating to patents, trade-marks, and copyrights. [Notice of copyright required; fees; registration of prints for articles of manufacture at Patent Office, etc.) Statutes at Large, vol. 18, part 3, pp. 78, 79.

March 3, 1879—Forty-fifth Congress, third session, chapter 180, section 15: An Act making appropriations for the service of the Post-Office Department for the

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fiscal year ending June 30, 1880, and for other purposes. [Providing against transmission through the mails of any publication which violates copyright.] Statutes at Large, vol. 20, p. 359.

August 1, 1882—Forty-seventh Congress, first session, chapter 366: An Act to amend the Statutes in relation to copyright. [Position of notice of copyright in the case of decorative articles.] Statutes at Large, vol. 22, p. 181.

March 3, 1891 [SO-CALLED INTERNATIONAL COPYRIGHT ACT]-Fifty-first Congress, second session, ch 565: An Act to amend title 60, pter 3, of the Revised Statutes of the United States, relating to copyrights. [Extending copyright, in certain cases, to works by foreign authors.] Statutes at Large, vol. 26, pp. 1106-1110.

March 3, 1893—Fifty-second Congress, second session, chapter 215: An Act relating to copyrights. [Enabling act, giving the same effect to copies deposited prior to March 1, 1893, as to copies deposited on or before publication.] Statutes at Large, vol. 27, p. 743.

January 12, 1895—Fifty-third Congress, third session, chapter 23, section 52: An Act providing for the public printing and binding and the distribution of public documents. [Providing that no Government publication shall be copyrighted.] Statutes at Large, vol. 28, p.

608. March 2, 1895—Fifty-third Congress, third session, chapter 194: An Act to amend section 4965, chapter 3, title 60, of the Revised Statutes of the United States, relating to copyrights. [Providing damages in cases of infringement of photographs, and works of art.] Statutes at Large, vol. 28, p. 965.

January 6, 1897—Fifty-fourth Congress, second session, chapter 4: An Act to amend title 60, chapter 3, of the Revised Statutes, relating to copyrights. [Enacting that unauthorized representation, willful and for profit, is a misdemeanor, punishable by imprisonment.] Statutes at Large, vol. 29, pp. 481, 482.

February 19, 1897—Fifty-fourth Congress, second session, chapter 265 [Section-Library of Congress] : An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1898, and for other purposes. [Providing for the appointment of a Register of Copyrights.] Statutes at Large, vol. 29, p. 545.

March 3, 1897—Fifty-fourth Congress, second session, chapter 392: An Act to amend title 60, chapter 3, of the Revised Statutes of the United States, relating to copyrights. [Providing penalty for printing false claim of copyright and prohibiting the importation of articles bearing false claim of copyright.] Statutes at Large, vol. 29, pp. 694, 695.

January 7, 1904–Fifty-eighth Congress, second session, chapter 2: An Act to afford protection to exhibitors of foreign literary, artistic, or musical works at the Louisiana Purchase Exposition. Statutes at Large, vol. 33, part 1, pp. 4–5. For full text see pages 19-20.

March 3, 1905—Fifty-eighth Congress, third session, chapter 1432: An Act to amend section 4952 of the Revised Statutes. [Providing a year's interval after first publication abroad, during which authors of books in foreign languages may secure reservation of copyright for such works.] Statutes at Large, vol. 33, part 1, pp. 1000–1001. For full text see page 21. List of Countries with which the United States have established Copyright

relations. July 1, 1891—Belgium, France, Great Britain and her possessions, and Switzerland. (Statutes at Large, vol. 27, pp. 981–982.)

April 15, 1892—Germany. (Statutes at Large, vol. 27, pp. 1021-1022.)
October 31, 1892—Italy. (Statutes at Large, vol. 27, p. 1043.)
May 8, 1893–Denmark. (Statutes at Large, vol. 28, p. 1219.)
July 20, 1893–Portugal. (Statutes at Large, vol. 28, p. 1222.)
July 10, 1895—Spain. (Statutes at Large, vol. 29, p. 871.)
February 27, 1896—Mexico. (Statutes at Large, vol. 29, p. 877.)
May 25, 1896—Chile. (Statutes at Large, vol. 29, p. 880.)
October 19, 1899—Costa Rica. (Statutes at Large, vol. 31, pp. 1955–1956.)

November 20, 1899—Netherlands (Holland) and possessions. (Statutes at
Large, vol. 31, p. 1961.)
November 17, 1903—Cuba. (Statutes at Large, vol. 33, part 2, p.

2324.) January 13, 1904—China. (Treaty of October 8, 1903, Article XI.) (Statutes at Large, vol. 33, part 2, pp. 2208, 2213.)

July 1, 1905–Norway. (Statutes of 1st sess. 59th Cong., part II, 1906. Proclamations, pp. 125–126.)

May 17, 1906–Japan. (Treaty of November 10, 1905.) (Statutes of 1st sess. 59th Cong., part II, 1906. Treaties, pp. 50-51.)

THE COPYRIGHT LAW OF THE UNITED STATES.

CONSTITUTION, 1787.

.... To pro

ART. 1, SEC. 8. The Congress shall have power: mote 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.

rec

ords.

ACTS OF CONGRESS. The text of sections 4948 to 4970, inclusive, of the Revised Statutes is printed in long-primer type, the amendments passed subsequent to the Revised Statutes being indicated by italic type, and omissions, by brackets and footnotes. SECTION 4948. All records and other things relat

Copyright ing to copyrights and required by law to be preserved, shall be under the control of the Librarian

of Congress, and kept and preserved in the Library 5 of Congress. [-.-.-.-.')

[The Appropriation Act approved February 19, Register of copy 1897, provides for the appointment of a Register rights. of Copyrights, who shall, on and after July first,

eighteen hundred and ninety-seven, under the direc10 tion and supervision of the Librarian of Congress,

perform all the duties relating to copyrights, and shall make weekly deposits with the Secretary of the Treasury, and make monthly reports to the Secretary

of the Treasury and to the Librarian of Congress, 15 and shall, on and after July first, eighteen hundred

and ninety-seven, give bond to the Librarian of Congress, in the sum of twenty thousand dollars, with approved sureties, for the faithful discharge of

his duties."] 20 SEC. 4949. The seal provided for the office of the Seal of the copy.

right office. Librarian of Congress shall be the seal thereof, and by it all records and papers issued from the office and to be used in evidence shall be authenticated.2 1 The words omitted are: “and the Librarian of Congress shall have the immediate care and supervision thereof, and, under the supervision of the Joint Committee of Congress on the Library, shall perform all acts and duties required by law touching copyrights.”

la Statutes at Large, vol. 29, p. 545.

2 See Act of July 8, 1870, section 85: “The Librarian shall cause a seal to be provided for said office, with such device as the Joint Committee on the Library may approve, with which all records or papers issued from said office and to be used in evidence, shall be authenticated.”_Statutes at Large, vol. 16, p. 212.

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