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COPYRIGHT GREAT BRITAIN

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA,

A PROCLAMATION

act of Mar. 4, 1909.

trol of mechan

production.

Whereas it is provided by the Act of Congress of March U.S. copyright 4, 1909, entitled "An Act to Amend and Consolidate the Acts Respecting Copyright," that the provisions of said Act, "so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically, Sec. 1 (e), Conthe musical work, shall include only compositions pub-ical musical relished and copyrighted after this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States similar rights":

authors who may

And whereas it is further provided that the copyright Sec. 8, Foreign secured by the Act shall extend to the work of an author secure protection. or proprietor who is a citizen or subject of a foreign state or nation, only upon certain conditions set forth in section

8 of said Act, to wit: .

domiciled in U.S.

(a) When an alien author or proprietor shall be domi- Alien author ciled within the United States at the time of the first publication of his work; or

ing reciprocal

agreement.

(b) When the foreign state or nation of which such Countries grantauthor or proprietor is a citizen or subject grants, either rights. by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection 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 International agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto: And whereas it is also provided by said section that Proclamation "The existence of the reciprocal conditions aforesaid shall be determined by the President of the United States, by proclamation made from time to time as the purposes of this Act may require":

of the President.

Council issued.

And whereas satisfactory official assurance has been British Order in given that, by virtue of the authority conferred by the

British copyright act, 1911.

Subject matter of copyright.

Residence.

Term of copyright.

Formalities and conditions.

Existing works.

Self-governing dominions not included in this Order.

Date of effect, Jan. 1, 1915.

Proclamation.

British Copyright Act, 1911, a British Order in Council has been issued of even date with this Proclamation directing:

1. That "the Copyright Act, 1911, including the provisions as to existing works, shall, subject to the provisions of the said Act and of this Order, apply—

(a) to literary, dramatic, musical and artistic works the authors whereof were at the time of the making of the works citizens of the United States of America, in like manner as if the authors had been British subjects:

(b) in respect of residence in the United States of America, in like manner as if such residence had been residence in the parts of His Majesty's dominions to which the said Act extends.

Provided that—

(i) the term of copyright within the parts of His Majesty's dominions to which this Order applies shall not exceed that conferred by the law of the United States of America:

(ii) the enjoyment of the rights conferred by this Order shall be subject to the accomplishment of the conditions and formalities prescribed by the law of the United States of America:

(iii) in the application to existing works of the provisions of Section 24 of the Copyright Act, 1911, the commencement of this Order shall be substituted for the 26th July, 1910, in subsection 1 (b)." 2. That "this Order shall apply to all His Majesty's dominions, colonies and possessions with the exception of those hereinafter named, that is to say:-The Dominion of Canada, The Commonwealth of Australia, The Dominion of New Zealand, The Union of South Africa, Newfoundland."

3. That "this Order shall come into operation on the first day of January, 1915, which day is in this Order referred to as the commencement of this Order.

And the Lords Commissioners of His Majesty's Treasury are to give the necessary Orders accordingly."

Now, therefore, I, Woodrow Wilson, President of the United States of America, do declare and proclaim that one of the alternative conditions specified in section 8 (b) of the Act of March 4, 1909, now exists and is fulfilled in respect to the subjects of Great Britain and the British dominions, colonies and possessions, with the exception

of Canada, Australia, New Zealand, South Africa, and Newfoundland, and that such subjects shall be entitled to all the benefits of section 1 (e) of the said Act, on and after January 1, 1915.

In testimony whereof, I have hereunto set my hand Execution. and caused the seal of the United States to be affixed.

Done at the City of Washington this first day of Jan-Date of proclauary, in the year of our Lord one thousand nine

[SEAL] hundred and fifteen, and of the Independence of the United States of America the one hundred

and thirty-ninth.

By THE PRESIDENT:

W. J. BRYAN,

Secretary of State.

WOODROW WILSON.

In "The Statutes at Large of the United States of America, from March, 1913, to March, 1915." Vol. 38, part 2. 8vo. Washington, 1915, pp. 2044-2045.

RULES AND REGULATIONS FOR THE REGISTRATION OF CLAIMS TO COPYRIGHT.

Under the provisions of section 53 "That, subject to the approval of the Librarian of Congress, the Register of Copyrights shall be authorized to make rules and regulations for the registration of claims to copyright as provided by this act," the Rules and Regulations for the Registration of Claims to Copyright have been published as Copyright Office Bulletin No. 15.

Copies of this Bulletin can be obtained from the Copyright Office upon request.

COPYRIGHT OF LABELS AND PRINTS DESIGNED TO BE USED FOR ARTICLES OF MANUFACTURE.

The new copyright law approved March 4, 1909, going into effect on July 1, 1909, did not repeal the copyright act of June 18, 1874, according to the opinion of the Attorney-General, of December 22, 1909. Labels or prints designed to be used for articles of manufacture should therefore be registered in the Patent Office.

Section 3 of the act of June 18, 1874, reads as follows:

SEC. 3. That in the construction of this act the words "engraving, cut, and print" shall be applied only to pictorial illustrations or works connected with the fine arts, and no prints or labels designed to be used for any other articles of manufacture shall be entered under the copyright law, but may be registered in the Patent Office. And the Commissioner of Patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in conformity with the regulations provided by law as to copyright of prints, except that there shall be paid for recording the title of any print or label, not a trade-mark, six dollars, which shall cover the expense of furnishing a copy of the record, under the seal of the Commissioner of Patents, to the party entering the same.

54

INDEX TO COPYRIGHT LAW.

The references in the following index are made to section, page, and line.

See also, at end, supplementary references from countries.

Abridgements may be copyrighted (sec. | Arrange musical work, exclusive right to

6), p. 10:5.

Actions. See Suits for infringement.

Ad interim copyright. See Interim copy-
right.

p. 7:30.

(sec. 1 b), p. 7:10; (sec. 1 e),
Arrangements may be copyrighted (sec.
6), p. 10:5.

Art, works of. See Fine arts, works of the.

Adapt musical work, exclusive right to Articles subject to copyright protection
(sec. 1 b), p. 7:11.

(sec. 5), p. 9:23.

Adaptations may be copyrighted (sec. 6), Assignment of copyright (secs. 41-46),
p. 10:9.

Address (Oral):

May be copyrighted (sec. 5 c), p. 9:29.
Right to deliver for profit (sec. 1 c),
p. 7:14.

Damages for infringement of (sec.
25 b), p. 16:38.

Administrators of author or proprietor
may obtain copyright (sec. 8), p.
10:30.

Affidavit of American manufacture:

Required (sec. 16), p. 13:25.

Shall state date of printing or of pub-
lication (sec. 16), p. 13:37.
Shall state place where type was set
(sec. 16), p. 13:39.

To be acknowledged in certificate of
registration (sec. 55), p. 25:25.
Penalty for false (sec. 17), p. 13:45.
Alaska, courts having jurisdiction in
copyright suits (sec. 34), p. 21:45.
Alien author may secure copyright (sec.
8 a), p. 10:38.

American manufacture:

Affidavit required (sec. 16), p. 13:25.
Exceptions to (sec. 15), p. 13:1.

pp. 22-23.

By instrument in writing (sec. 42),
p. 23:8.

Certified copy may be had on pay-

ment of fee (sec. 45), p. 23:31.
Failure to record (sec. 44), p. 23:22.
Fee for comparing copy of (sec. 61),
p. 28:1.

Fee for copy of (sec. 61), p. 27:35.
Fee for recording (sec. 61), p. 27:35.
Foreign, must be acknowledged be-
fore United States officer (sec. 43),
p. 23:10.

Imust be recorded within six
months (sec. 44), p. 23:18.
Must be recorded (sec. 44), p. 23:19.
Name of assignee may be substituted
in notice (sec. 46), p. 23:34.
Not involved in sale of material ob-
ject (sec. 41), p. 22:43.
Assigns of author or proprietor may ob-
tain copyright (sec. 8), p. 10:32.
Assistant Register of Copyrights:

Appointment of (sec. 48), p. 24:3.
Duties of, defined (sec. 48), p. 24:5.
Salary of, $3,000 (sec. 48), p. 24:4.

Required for books and periodicals | Assumed name, work published under.

(sec. 15), p. 12:45.

Required for lithographs and photo-
engravings (sec. 15), p. 13:10.

Annual report of Register of Copyrights
(sec. 51), p. 24:33.

Anonymous works, term of copyright in
(sec. 23), p. 15:29.

Appeal allowed in copyright cases (sec.
38), p. 22:30.
Application:

For registration of copyright (sec. 5),
p. 9:23.

For renewal of copyright (sec. 23),
p. 15:39; (sec. 24), p. 16:30.

See Pseudonymous works.
Author:

Common law right of (sec. 2), p. 9:7.
May obtain copyright (sec. 8), p.
10:30.

May secure extension of existing

copyrights (sec. 24), p. 16:19.

May secure renewal of copyright for
contributions to periodical and
composite works (sec. 23), p. 15:44.
Nationality of (sec. 55), p. 25:10.
Shall include employer in case of
works made for hire (sec. 62), p.
28:20.

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