VIII. Special Provisions-cont'd.

CLASS 6.-Musical Compositions.

Copyright of a musical work.

125. The copyright secured by this Act shall cover and protect the words and music of any song, opera, operetta, oratorio, mass, choral work and cantata, as well as each separate number or part thereof issued in separate form, together with all subsequent translation, adaptation, transcription, arrangement or setting of the original work in any mode of notation, system of signs, figures or devices, or any form of reproduction whatsoever; and the music and words of a mixed composition may be jointly protected under one copyright or may be separately copyrighted.

Publication or public performance, etc., of music.

126. (a) The publication of a musical composition which has not been registered for copyright, with or without authority, shall not deprive the author of such composition or his assigns of the exclusive right to publicly represent or perform any such musical composition.

(b) The public representation or performance of an unpublished musical composition or its circulation for private use, shall not be deemed to deprive the author or his assigns of the exclusive right to publicly represent or perform the same, nor to deprive the author or his assigns of the right to prevent any other person from publishing the same without consent, nor of the right to register it for copyright protection.

Musical composition the joint work of several authors.

127. Where a musical composition is the joint work of two or more persons, or consists of literary parts and musical parts contributed by different persons pursuant to a general plan, the copyright in such work shall, in the

VIII. Special Provisions-cont'd.

Musical composition the joint work of several authorscont'd.

absence of any agreement to the contrary, belong to the persons by whom the same is written or composed in common, and no one of such persons shall be deemed to be the owner of the copyright in any particular part of the work to the exclusion of the other or others. In the event of the death of any one of such owners in common, his interest shall, in the absence of any testamentary or other disposition to the contrary, vest in the person who would be entitled to the copyright in any work of which he has been the sole writer or composer.

CLASS 7.-Geographical Productions.

128. In the case of geographical works it shall be obligatory:

Maps and other cartographical works.

of

(a) To deposit, as required by section this Act, two perfect copies of the best edition first produced by the authority of the copyright proprietor of any map or other printed or engraved cartographical work, and one perfect copy of each subsequent reproduction which shall vary in any manner from the copies previously deposited, in each case, within thirty days after the production of the work. Relief maps, globes, etc.

(b) To deposit a photograph of a relief map, or globe, or any other plastic work relating to geography, together with a title and brief description stating scale and size, within thirty days after the authorized making of the article.

Notice of copyright.

(c) To inscribe on some visible portion of each copy of the map, relief map or globe, or other article, or in the case of a plastic work, upon the base or pedestal, the notice prescribed in section of this Act.

VIII. Special Provisions-cont'd.

CLASS 8.-Photographs.

129. In the case of photographs it shall be obligatory:

Deposit of copies for registration.

(a) To deposit two perfect copies of a permanent photographic print, bearing a distinguishing title, within thirty days after the authorized making of the photograph, and in case of several negatives showing variances in pose or composition of subject, an additional copy in each case of substantial change or variation.

Notice of copyright.

(b) To inscribe upon each copy of the photograph or upon the substance on which it shall be mounted, the notice prescribed by section of this Act.

MEMORANDUM DRAFT.

IX. Miscellaneous Provisions.

Free transmission of Copyright material.

130. It shall be lawful to transmit through the mail, free of postage, any letters, packages, or other matters relating exclusively to copyright business, (including articles required to be deposited in the Copyright Office) whether the same be sent to or from the Copyright Office: Provided, That every such letter or package to entitle it to pass free shall bear the words "Copyright Office: Official Business."

For the purpose of carrying this provision into effect, it shall be lawful for the Register of Copyrights to provide and issue suitable penalty envelopes and address labels under which such matter may be mailed either to or from the Copyright Office post free.

Definition of "United States."

131. In the construction of this Act, the words "United States and its dependencies" shall be construed to include and embrace all territory which is now or may hereafter be under the jurisdiction and control of the United States.

Interpretation of draft.

132. In the interpretation and construction of this Act, words importing the singular number shall be held to include the plural, and vice versa, except where such construction would be unreasonable, and words importing the masculine gender shall be held to include all genders, except where such construction would be absurd or unreasonable.

X. Definitions.

The definitions are left for further consideration.

IX

MEMORANDUM DRAFT.

XI. Repealing clause.

Repeal of Copyright Acts.

133. The acts and parts of acts set forth in the schedule of acts cited, hereto annexed, are hereby repealed, without reviving any acts or parts of acts repealed by any of said acts, or by any clause or provisions therein: Provided, however, That neither the repeal hereby enacted, nor anything in this Act, shall be construed to annul, abridge, prejudice, or otherwise unfavorably affect, impair, or take away any right or interests existing or secured under any of the said laws, or othewise subsisting when this Act shall go into operation; but all actions and causes of action, both in law and equity, which have arisen under any of the said laws, may be commenced and prosecuted, and if already commenced, may be prosecuted to final judgment and execution in the same manner as though this Act had not been passed, excepting that the remedial provisions of this Act shall be applicable to all suits and proceedings hereafter commenced: And provided, further, That all offenses which are defined and punishable under any of said acts, and all penalties and forfeitures created thereby, and incurred before this Act takes effect, may be prosecuted, sued for, and recovered, and such offenses punished according to the provisions of the said acts, which are continued in force for such purpose.

Schedule of Copyright laws repealed. To follow.

XI