VIII. Special Provisions-cont'd.

Copyright of work of art to remain in the author-cont'd. or disposed of by such author or not, unless the copyright therein be expressly assigned or disposed of in writing by him, or pass by operation of law or testamentary disposition.

Alteration of a work of art without the artist's consent.

95. When the author of any original work of the fine arts, in which copyright subsists under the copyright laws of the United States, or by virtue of this Act, shall have sold or otherwise parted with the possession of such work, no material alteration may afterwards be made in such work by addition of color, or otherwise, except with the artist's consent in writing.

Selling an altered copy of a work of art.

96. Neither shall it be lawful, during the continuance of the copyright, without the consent in writing of the artist, to sell, exhibit, let for hire, or offer for sale, exhibition, or hire such work or any copy thereof, so altered as aforesaid, as being the original work or copy of the original work of such artist.

Penalty for unauthorized alteration of a work of the fine arts.

97. Any person who shall knowingly commit or cause to be committed any infringement of the provisions of sections of this Act, shall be liable to the author or proprietor for all damages occasioned thereby. Sale of a work of art. Replicas.

98. If an artist shall have sold his original work of art without assigning the copyright therein, no person, without the consent in writing of the owner of the original work, shall make a replica thereof; and if, before selling the original work, the artist himself shall have made a replica of it and shall afterwards sell either the original or the replica, he shall not be entitled to sell, exhibit, or part with the other without the written consent of the owner of the original work or of the replica. Provided, however, That in the case of

VIII. Special Provisions—cont'd.

Sale of a work of art. Replicas-cont'd. any bust, statue, or other like sculpture, whether made on commission or otherwise, if such work is intended to be placed in a street, public building, or other public place, the artist thereof may make replicas of such work, in the absence of any agreement in writing to the contrary.

An artist's sketches, studies, models, or casts.

99. The sketches, studies, models, or casts used by an artist in executing an original work of the fine arts, may be used and dealt with by him, notwithstanding that he has sold his original work, in the absence of any agreement in writing to the contrary, without infringing the copyright of such work of art, provided he does not thereby repeat the main design of the original work.

The copyright in a portrait shall belong to the person authorizing it.

100. If a person employs another for valuable consideration to make a portrait, that is to say a work whose principal object is the likeness of any person in any form of art, the copyright in such portrait shall belong to the employer as if he were the author, in the absence of any agreement in writing to the contrary.

CLASS 2.-Artistic Reproductions.

101. In the case of an artistic reproduction, including any article belonging to the class of works enumerated in section

this Act, it shall be obligatory:

Deposit of copy for copyright registration.

of

(a) To deposit, as required by section of this Act, not later than thirty days after the completion of the first authorized production of the work, one perfect copy of the best edition first published; and one copy of each subsequent reproduction which shall vary in any manner from the copies of the edition first produced.

VIII. Special Provisions-cont'd.

Notice of copyright.

(b) To inscribe upon some visible portion of each copy produced, or upon the substance on which it shall be mounted or to which it shall otherwise be attached, the notice of copyright prescribed in section

Act.

of this

CLASS 3.-Molded Decorative Articles.

102. In the case of a molded decorative article, including any article enumerated in section of this Act, it shall be ob

ligatory :

Deposit for registration.

(a) To deposit, as required by section

of

this Act, not later than thirty days after the completion of the article, a photograph or other reproduction.

Notice of copyright.

(b) To inscribe upon the base or upon the back or bottom of such article the notice of copyright prescribed in section

this Act.

CLASS 4.-Literary Productions.

Deposit of copy for registration.

of

103. In the case of any book, including an encyclopædia, a composite, collective, or collaborative work, together with any abridgment, compilation, or translation, or any novel based upon a drama, and any contribution to a periodical, it shall be obligatory to deposit, as required by section of this Act,

two complete copies, including all maps and other illustrations, of the best authorized edition first produced, and one copy of each subsequent authorized edition produced in an altered form, or containing additions or alterations, not later than thirty days after the printing of the work.

104. In the case of a contribution to any periodical the deposit shall be made of two copies of the issue or issues of the newspaper

VIII. Special Provisions-cont'd.

Deposit of copy for registration-cont'd.

or magazine containing such contribution, not later than ten days after the date of the issue.

Copies deposited to be type-set in the United States.

105. Of a printed book the copies deposited shall be printed from type set either by hand or by the aid of any kind of type-setting machine within the limits of the United States or any of its dependencies, or from plates made therefrom; and shall be accompanied with an affidavit, under the official seal of any officer authorized to administer oaths within the United States or any of its dependencies, duly made by the person claiming copyright, or by his duly authorized agent or representative residing in the United States or any of its dependencies, 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 of any of its dependencies, or from plates made therefrom, as required above, and stating the place within the United States or any of its dependencies in which such type was set or plates were made, and by whom. Any person who shall be guilty of making a false affidavit as to his having complied with the above conditions for the purpose of obtaining a copyright 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.

Provided, however, That the requirement of type-setting within the limits of the United States or its dependencies shall not apply to books in raised type for the use of the blind, nor to such books as are not printed from type, but are produced by means of lithography or by any other method or process of reproduction, nor to books consisting mainly of plates; and Provided, further, That of books

VIII. Special Provisions-cont'd.

Copies deposited to be type-set in the United States-cont'd. first published in a foreign country deposited to secure the reservation of copyright provided for by the Act of March 3, 1905, and by sections of this Act, such deposited copies of the foreign edition may be printed abroad.

Foreign books: Interim protection.

106. In the case of books first published in a foreign country before the day of publication in this country, an interim copyright protection may be secured upon the deposit in the Copyright Office, Washington, D. C., of one complete copy of the work, including all maps and other illustrations, not later than thirty days after the first publication of the book. Term of interim protection.

107. The interim term of protection thus secured shall endure respectively as follows:

(a) In the case of a book printed abroad in a foreign language, for a period of twelve calendar months after the first publication of such book in the foreign country;

(b) In the case of a book printed abroad in the English language, or in English and one or more foreign languages (such as dictionaries, and anthologies), for a period of three calendar months after the first publication of such book.

Extension of term upon production of United States edition. 108. If an authorized edition is produced from type set within the limits of the United States or its dependencies, or from plates made therefrom,

(1) Of the English book within the said period of three months from first publication, or

(2) Of the book in a foreign language within the said period of twelve months from first publication; either(a) In the original language of the book, or

(b) Translated into English;