III. Subject-matter of Copyright-cont'd.

NON-COPYRIGHT PRODUCTIONS.

30. No copyright, right to deliver a lecture, or right of performance, representation, or translation, shall subsist in any of the following:

Indecent productions.

(a) In any profane, indecent, immoral, or scandalous production, oral or written. Acts or proceedings of authorities.

(b) In the text of official acts or proceedings of public authorities, federal, state, or municipal.

Laws or judicial decisions.

(c) In the text of any laws or ordinances, or the judicial decisions of courts.

Government publications.

(d) In any government publication, or any reprint, in whole or in part, of any government publication: Provided, however, That in the case of any literary, quasi-literary, or scientific work, or map, or engraving, in which copyright is subsisting, which is published by the government, either separately or in a public document, by authority of the copyright proprietor, such publication or republication by the government is not to be taken to cause any abridgment or annulment of the copyright, or to authorize any use or appropriation contrary to the provisions of this Act, without the written consent of the author or proprietor of the original production.

Work published abroad prior to 1891.

(e) In the original text of a work by any author not a citizen of the United States, first published without the limits of the United States prior to July 1, 1891.

Work in the public domain.

(f) In the orginal text of any work which has fallen into the public domain by reason of the provisions and stipulations of any prior copyright acts.

MEMORANDUM DRAFT

IV. Nature and Extent of Copyright.

Exclusive right during author's life.

31. The author of any original artistic, musical, literary, or dramatic production, shall retain during his life the sole and exclusive right to reproduce and sell his work.

After author's death.

32. After the author's death, his work shall continue an exclusive personal property, capable of bequest and of conveyance by gift or sale, for such times as this Act shall provide.

Common-law right.

33. Nothing in this Act shall be construed to annul or limit the common-law or equity right of the author of an unpublished work to prevent copying or publication without his consent.

Dedication to the public.

34. Dedication to the public shall not be presumed in the case of any production subject to copyright; and neither exhibition (in the case of works of art), nor performance or representation (in the case of musical and dramatic compositions), nor reproduction by printing or otherwise (in the case of literary works), shall be construed to authorize any person, without the direct consent in writing of the author or copyright proprietor, to do anything in relation thereto prohibited by this Act.

Sale of article does not imply cession of copyright.

35. The right of reproduction or copyright is independent of the right of property in the

IV

IV. Nature and Extent of Copyright—cont'd. Sale of article does not imply cession of copyright-cont'd. material object (the manuscript of the book, or the painting, or piece of sculpture, or any copy of either); and the sale or conveyance, by gift or otherwise, of the article, does not involve, by itself, the cession of the right of reproduction; and, vice versâ, the assignment of the copyright need not involve the transference of the material article.

Right of representation, performance, and delivery.

36. The copyright in a book, the right of representation in the case of a dramatic composition, the right of performance in the case of a musical composition, and the right of oral delivery in the case of a lecture, shall each be deemed to be a distinct personal property for the purpose of ownership, publication, performance, representation, delivery, assignment, license, transmission, and for all other purposes.

Nature of right.

37. The copyright provided by this Act shall consist in the sole and exclusive right to do, or authorize to be done, any of the following acts, viz:

(a) To make for sale, distribution, exhibition, or hire any copy by any means whatsoever, or in any form, or for any purpose, of a work the subject of copyright by the provisions of this Act.

(b) To sell, distribute, exhibit, or let for hire, or offer or keep for sale, distribution, exhibition, or hire, any such copy.

(c) To abridge, adapt, or to translate into another language or dialect, any literary production, subject to the limitations prescribed in sections of this Act.

(d) In the case of a dramatic work, to publicly perform or represent it, or to convert it into a novel or other non-dramatic work.

IV. Nature and Extent of Copyright-cont'd. Nature of right-cont'd.

(e) In the case of a novel or other non-dramatic work, to convert it into a dramatic work, either by publication or performance, subject to the provisions of sections

this Act.

of

(f) In the case of a musical work, to publicly perform the said work, or to make any new adaptation, transposition, arrangement, or setting of such work, or of the melody thereof, in any notation.

(g) In the case of a lecture, address, sermon, or speech, or any similar production intended for oral delivery or public reading, to read or deliver the same in public for profit.

(h) In the case of an original work of art, to produce any possible abridgment adaptation, or arrangement from the same.

Abridgments, dramatizations, or translations.

38. Any abridgment, dramatization, or translation of an original literary work, produced with the consent and authorization of the author of the original, or any abridgment, dramatization, or translation of a literary work in the public domain, shall be considered a new work, subject to the copyright provided for by this Act; and the person or persons making such abridgment, dramatization, or translation, shall be held to be the author or joint authors thereof.

Compilations.

39. Any compilation made from several works, either by consent of the authors of the works used, or when such works are in the public domain, shall be considered an original work subject to the copyright provided for by this Act; and the person or persons making such compilation shall be held to be the author or joint authors thereof.

Adaptation, arrangement, or transcription, etc., of music.

40. Any new adaptation, transposition, transcription, paraphase, arrangement, variation, or instrumentation of a musical work,

IV. Nature and Extent of Copyright-cont'd. Adaptation, arrangement, or transcription, etc., of musiccont'd.

shall be considered a new composition subject to copyright, and the person making such adaptation or other rearrangement, shall be held to be the author thereof.

Provided, however, That the copyright obtained for such abridgment, dramatization, translation, or compilation; or for such adaptation, arrangement or instrumentation of music, under the provisions of this Act, shall not be construed to secure to the abridger, adapter, compiler, dramatizer, or translator, any exclusive right to such use of the original works, except in so far as that may be obtained by his agreement with the author or proprietor of any of the original works.

Joint authors and their assigns.

41. In the case of all works produced by two or more authors jointly, the collaborators, unless there are stipulations in writing to the contrary, shall have equal rights in the joint work, and the rights of the assignee of a deceased collaborator shall continue until the expiration of fifty years after the death of the last surviving joint author. In the absence of legal representatives or assigns of a deceased collaborator, his share shall accrue to the other joint authors or their legal representatives.

Rights of separate authors of a collective work.

of

42. In the case of a composite or collective work written in distinct parts by separate authors, copyright shall subsist in the work of each contributor, subject to the stipulations of any written contract of publication, and to the provisions of sections this Act; and, in case of an infringement, suit may be brought either by the registered claimant of copyright or by any one or more of the contributing authors whose works may have been infringed.

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