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tection substantially equal to the protection secured to such foreign author under this Act or by treaty; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting 5 of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto.

International agreement.

proclamation.

The existence of the reciprocal conditions aforesaid Presidential shall be determined by the President of the United States, by proclamation made from time to time, as the purposes [See page 35.] 10 of this Act may require.

with notice initi

SEC. 9. That any person entitled thereto by this Act Publication may secure copyright for his work by publication thereof ates copyright. with the notice of copyright required by this Act; and such notice shall be affixed to each copy thereof published 15 or offered for sale in the United States by authority of the copyright proprietor, except in the case of books seeking ad interim protection under section twenty-one of this Act.

Registration of

tificate.

Copyright cer-
Copyright pro-

tection of unpub-
lished works: lec-

tures, dramas,mu

sic, etc.

SEC. 10. That such person may obtain registration of copyright. 20 his claim to copyright by complying with the provisions of this Act, including the deposit of copies, and upon such compliance the register of copyrights shall issue to him the certificate provided for in section fifty-five of this Act. SEC. 11. That copyright may also be had of the works 25 of an author of which copies are not reproduced for sale, by the deposit, with claim of copyright, of one complete copy of such work if it be a lecture or similar production or a dramatic, musical, or dramatico-musical composition; of a title and description, with one print taken from each 30 scene or act, if the work be a motion-picture photoplay; of a photographic print if the work be a photograph; of a title and description, with not less than two prints taken from different sections of a complete motion picture, if the work be a motion picture other than a photoplay;1 or of a 35 photograph or other identifying reproduction thereof, if it be a work of art or a plastic work or drawing. But after publication. the privilege of registration of copyright secured hereunder shall not exempt the copyright proprietor from the deposit of copies, under sections twelve and thirteen 40 of this Act, where the work is later reproduced in copies for sale.

Deposit of copies

complete

SEC. 12. That after copyright has been secured by pub-copies of best edilication of the work with the notice of copyright as pro- tion.

1 The words printed in italics indicate the amendments authorized by the amendatory Act of August 24, 1912, printed in full on pages 29-32.

see page 54.

ONE copy quired.

tributions.

re

Work not re

ies for sale.

Label and print, vided in section nine of this Act, there shall be promptly deposited in the copyright office or in the mail addressed to the register of copyrights, Washington, District of Columbia, two complete copies of the best edition thereof then published, or if the work is by an author who is a citi- 5 Work by for- zen or subject of a foreign state or nation and has been pubeigner, published abroad, only lished in a foreign country, one complete copy of the best edition then published in such foreign country, which copies or copy,' if the work be a book or periodical, shall have been produced in accordance with the manufacturing pro- 10 visions specified in section fifteen of this Act; or if such Periodical con-work be a contribution to a periodical, for which contribution special registration is requested, one copy of the issue or issues containing such contribution; or if the produced in cop-work is not reproduced in copies for sale, there shall be 15 deposited the copy, print, photograph, or other identifying reproduction provided by section eleven of this Act, such copies or copy, print, photograph, or other reproduction to be accompanied in each case by a claim of copyNo action for right. No action or proceeding shall be maintained for 20 deposit of infringement of copyright in any work until the provisions of this Act with respect to the deposit of copies and registration of such work shall have been complied with. Failure to de- SEC. 13. That should the copies called for by section posit copies. twelve of this Act not be promptly deposited as herein 25 Register of provided, the register of copyrights may at any time after demand copies. the publication of the work, upon actual notice, require the proprietor of the copyright to deposit them, and after the said demand shall have been made, in default of the Failure to de- deposit of copies of the work within three months from 30 any part of the United States, except an outlying territorial possession of the United States, or within six months from any outlying territorial possession of the United States, or from any foreign country, the proprieFine $100 and tor of the copyright shall be liable to a fine of one hun- 35 copies, best edi-dred dollars and to pay to the Library of Congress twice of the amount of the retail price of the best edition of the work, and the copyright shall become void.

infringement un

til

copies.

copyrights may

posit on demand.

retail price of 2

tion.

Forfeiture

copyright.

Postmaster's re

ceipt.

SEC. 14. That the postmaster to whom are delivered the articles deposited as provided in sections eleven and 40 twelve of this act shall, if requested, give a receipt therefor and shall mail them to their destination without cost to the copyright claimant.

Printed from SEC. 15. That of the printed book or periodical specithe United States. fied in section five, subsections (a) and (b) of this act, 45

type set within

1 The words printed in italics in sec. 12 are inserted by the amendatory Act of Mar. 28, 1914, which also provides "That all Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed." For full text of Act see page 33.

ex

Lithographic or

and

binding of the

book.

Separate litho

except the original text of a book of foreign origin in a Book in foreign language or languages other than English, the text of all cepted. copies accorded protection under this act, except as below provided, shall be printed from type set within the limits 5 of the United States, either by hand or by the aid of any kind of typesetting machine, or from plates made within the limits of the United States from type set therein, or, if the text be produced by lithographic process, or photo- photo - engraving engraving process, then by a process wholly performed process. 10 within the limits of the United States, and the printing Printing of the text and binding of the said book shall be performed within the limits of the United States; which Illustrations in requirements shall extend also to the illustrations within a book. a book consisting of printed text and illustrations pro15 duced by lithographic process, or photo-engraving process, and also to separate lithographs or photo-engravings, ex-graphs and photocept where in either case the subjects represented are engravings. located in a foreign country and illustrate a scientific work or reproduce a work of art; but they shall not apply 20 to works in raised characters for the use of the blind, or to books of foreign origin in a language or languages other than English, or to books published abroad in the English cepted. language seeking ad interim protection under this act. SEC. 16. That in the case of the book the copies so de- Amdavit of 25 posited shall be accompanied by an affidavit, under the facture. official seal of any officer authorized to administer oaths within the United States, duly made by the person claiming copyright or by his duly authorized agent or representative residing in the United States, or by the printer who has 30 printed the book, setting forth that the copies deposited have been printed from type set within the limits of the United States or from plates made within the limits of the United States from type set therein; or, if the text be produced by lithographic process, or photo-engraving process,

35 that such process was wholly performed within the limits

Books for blind

excepted.

Books in for

eign languages ex

American manu

book.

and

where printing

of the United States, and that the printing of the text and Printing binding of the said book have also been performed within binding of the the limits of the United States. Such affidavit shall state also the place where and the establishment or establish- Establishment 40 ments in which such type was set or plates were made or was done. lithographic process, or photo-engraving process or printing and binding were performed and the date of the completion of the printing of the book or the date of publication. SEC. 17. That any person who, for the purpose of ob- False affidavit, 45 taining registration of a claim to copyright, shall know-ine, $1,000 and ingly make a false affidavit as to his having complied right.

Date of publica

tion.

a misdemeanor; forfeiture of copy.

Notice of copyright.

with the above conditions 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.

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SEC. 18. That the notice of copyright required by section nine of this act shall consist either of the word 'Copyright" or the abbreviation "Copr.," accompanied by the name of the copyright proprietor, and if the work be a printed literary, musical, or dramatic work, the 10 notice shall include also the year in which the copyright was secured by publication. In the case, however, of copies of works specified in subsections (f) to (k), inclucopies of works of sive, of section five of this act, the notice may consist art, photographs, of the letter C inclosed within a circle, thus: O,

Notice on maps,

and prints.

Notice on

ac

accom- 15

panied by the initials, monogram, mark, or symbol of the cessible portion. Copyright proprietor: Provided, That on some accessible portion of such copies or of the margin, back, permanent base, or pedestal, or of the substance on which such copies shall be mounted, his name shall appear. But in the case 20 Notice on exist- of works in which copyright is subsisting when this act shall go into effect, the notice of copyright may be either on in one of the forms prescribed herein or in one of those prescribed by the Act of June eighteenth, eighteen hundred and seventy-four.

ing copyright
works.
[See note
page 28.]

Notice of copyright on book.

25

SEC. 19. That the notice of copyright shall be applied, in the case of a book or other printed publication, upon its title-page or the page immediately following, or if a On periodical. periodical either upon the title-page or upon the first page of text of each separate number or under the title 30 heading, or if a musical work either upon its title-page or the first page of music: Provided, That one notice of copyright in each volume or in each number of a newspaper or periodical published shall suffice.

One notice in each volume or periodical.

Omission of notice by accident or mistake.

SEC. 20. That where the copyright proprietor has 35 sought to comply with the provisions of this Act with respect to notice, the omission by accident or mistake of the prescribed notice from a particular copy or copies shall not invalidate the copyright or prevent recovery for infringement against any person who, after actual 40 notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an Innocent in innocent infringer who has been misled by the omission of the notice; and in a suit for infringement no permanent injunction shall be had unless the copyright proprietor 45

fringement.

shall reimburse to the innocent infringer his reasonable outlay innocently incurred if the court, in its discretion, shall so direct.

the

SEC. 21. That in the case of a book published abroad in abroad in 5 the English language before publication in this country, English language. the deposit in the copyright office, not later than thirty days after its publication abroad, of one complete copy of the foreign edition, with a request for the reservation of the copyright and a statement of the name and nation10 ality of the author and of the copyright proprietor and of the date of publication of the said book, shall secure to the author or proprietor an ad interim copyright, which copyright for 30 shall have all the force and effect given to copyright by this Act, and shall endure until the expiration of thirty 15 days after such deposit in the copyright office.

Ad interim

days.

full term.

SEC. 22. That whenever within the period of such adExtension interim protection an authorized edition of such book shall be published within the United States, in accordance with the manufacturing provisions specified in section 20 fifteen of this Act, and whenever the provisions of this

Deposit

to

of

Act as to deposit of copies, registration, filing of affidavit, copies, filing of and the printing of the copyright notice shall have been affidavit. duly complied with, the copyright shall be extended to endure in such book for the full term elsewhere provided 25 in this Act.

copyright: First

periodi

or composite

SEC. 23. That the copyright secured by this Act shall Duration of endure for twenty-eight years from the date of first pub- term, 28 years. lication, whether the copyrighted work bears the author's true name or is published anonymously or under an as30 sumed name: Provided, That in the case of any posthu-Posthumous mous work or of any periodical, cyclopædic, or other com- cals, cyclopedic posite work upon which the copyright was originally works. secured by the proprietor thereof, or of any work copyrighted by a corporate body (otherwise than as assignee 35 or licensee of the individual author) or by an employer for whom such work is made for hire, the proprietor of such copyright shall be entitled to a renewal and extension of the copyright in such work for the further term 28 years. of twenty-eight years when application for such renewal 40 and extension shall have been made to the copyright office and duly registered therein within one year prior to the expiration of the original term of copyright: And provided further, That in the case of any other copyrighted righted work, including a contribution by an individual est 45 author to a periodical or to a cyclopædic or other compos

Renewal term,

Other copyworks, first term 28 years.

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