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CONSTITUTION, 1787.

ART. 1, SEC. 8. The Congress shall have power:

To promote the progress of science and useful arts, BY SECURING FOR LIMITED TIMES TO AUTHORS and inventors THE EXCLUSIVE RIGHT TO THEIR respective WRITINGS and discoveries.

SCHEDULE OF COPYRIGHT ACTS IN FORCE.

March 4, 1909. An act to amend and consolidate the acts respecting copyright.

August 24, 1912. An act to amend sections five, eleven, and twenty-five of an act entitled "An act to amend and consolidate the acts respecting copyright," approved March 4, 1909. [To protect motion pictures and motion-picture photoplays.]

March 2, 1913. An act to amend section fifty-five of "An act to amend and consolidate the acts respecting copyright," approved March 4, 1909. [To provide for additional facts in certificate of copyright registration.]

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March 28, 1914. An act to amend section twelve of the act entitled "An act to amend and consolidate the acts respecting copyright, approved March 4, 1909. [To require deposit of only one copy of work of foreign author published abroad.]

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AN ACT TO AMEND AND CONSOLIDATE THE ACTS
RESPECTING COPYRIGHT.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person entitled thereto, upon complying with the provisions of this Act, shall have the exclusive right: 5 (a) To print, reprint, publish, copy, and vend the copyrighted work;

Exclusive right

to print, publish, and vend.

Exclusive right

to translate,

&r

range, and adapt,

(b) To translate the copyrighted work into other languages or dialects, or make any other version thereof, if it dramatize be a literary work; to dramatize it if it be a nondramatic etc. 10 work; to convert it into a novel or other nondramatic work if it be a drama; to arrange or adapt it if it be a musical work; to complete, execute, and finish it if it be a model or design for a work of art;

Exclusive right deliver lec

То

represent

or exhibit or per

(c) To deliver or authorize the delivery of the copy-to 15 righted work in public for profit if it be a lecture, sermon, etc. tures, sermons, address, or similar production; (d) To perform or represent the copyrighted work dramatic works, publicly if it be a drama or, if it be a dramatic work and or make record, not reproduced in copies for sale, to vend any manuscript form, etc. 20 or any record whatsoever thereof; to make or to procure the making of any transcription or record thereof by or from which, in whole or in part, it may in any manner or by any method be exhibited, performed, represented, produced, or reproduced; and to exhibit, perform, repre25 sent, produce, or reproduce it in any manner or by any method whatsoever;

To perform mu

sic and make arrangement, set

ting, or record.

(e) To perform the copyrighted work publicly for profit if it be a musical composition and for the purpose of public performance for profit; and for the purposes 30 set forth in subsection (a) hereof, to makė any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced: Provided, That the provisions of this Act not retroac35 Act, so far as they secure copyright controlling the parts

tive.

eign author.

chanical musical reproduction.

of music on records, etc.

of instruments serving to reproduce mechanically the musical work, shall include only compositions published Music by for- 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 5 or composer is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United [See page 36.] States similar rights: And provided further, and as a condition of extending the copyright control to such meControl of mechanical reproductions, That whenever the owner of a 10 musical copyright has used or permitted or knowingly acquiesced in the use of the copyrighted work upon the parts of instruments serving to reproduce mechanically the musical work, any other person may make similar use of the copyrighted work upon the payment to the copy- 15 Royalty for use right proprietor of a royalty of two cents on each such part manufactured, to be paid by the manufacturer thereof; and the copyright proprietor may require, and if so the manufacturer shall furnish, a report under oath on the twentieth day of each month on the number of parts 20 of instruments manufactured during the previous month serving to reproduce mechanically said musical work, and royalties shall be due on the parts manufactured during any month upon the twentieth of the next succeeding month. The payment of the royalty provided for by this 25 section shall free the articles or devices for which such royalty has been paid from further contribution to the copyright except in case of public performance for profit: Notice of use of And provided further, That it shall be the duty of the copyright owner, if he uses the musical composition him- 30 self for the manufacture of parts of instruments serving License to use to reproduce mechanically the musical work, or licenses others to do so, to file notice thereof, accompanied by a recording fee, in the copyright office, and any failure to file such notice shall be a complete defense to any suit, 35 action, or proceeding for any infringement of such copyright.

music on records.

music on records.

royalties.

Failure to pay In case of the failure of such manufacturer to pay to the copyright proprietor within thirty days after demand in writing the full sum of royalties due at said rate at the 40 date of such demand the court may award taxable costs to the plaintiff and a reasonable counsel fee, and the court may, in its discretion, enter judgment therein for any sum in addition over the amount found to be due as royalty in accordance with the terms of this Act, not 45 exceeding three times such amount.

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a

of

operated ma chines.

The reproduction or rendition of a musical composition Reproduction by or upon coin-operated machines shall not be deemed public performance for profit unless a fee is charged for admission to the place where such reproduction or rendi5 tion occurs.

mon law or in

SEC. 2. That nothing in this Act shall be construed to Right at comannul or limit the right of the author or proprietor of an equity. unpublished work, at common law or in equity, to prevent the copying, publication, or use of such unpublished 10 work without his consent, and to obtain damages therefor.

parts of

copy

SEC. 3. That the copyright provided by this Act shall Component protect all the copyrightable component parts of the rightable work. work copyrighted, and all matter therein in which copyright is already subsisting, but without extending the 15 duration or scope of such copyright. The copyright Composite upon composite works or periodicals shall give to the pro- icals. prietor thereof all the rights in respect thereto which he would have if each part were individually copyrighted under this Act.

works or period

tected.

20 SEC. 4. That the works for which copyright may be Works prosecured under this Act shall include all the writings of an author.

SEC. 5. That the application for registration shall spec- Classification of ify to which of the following classes the work in which

25 copyright is claimed belongs:

ite, cyclopædic

(a) Books, including composite and cyclopedic works, Books, composdirectories, gazetteers, and other compilations;

(b) Periodicals, including newspapers;

(c) Lectures, sermons, addresses (prepared for oral

30 delivery);

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(d) Dramatic or dramatico-musical compositions;
(e) Musical compositions;

(f) Maps;

(g) Works of art; models or designs for works of art;
(h) Reproductions of a work of art;

(i) Drawings or plastic works of a scientific or tech

nical character;

(j) Photographs;

(k) Prints and pictorial illustrations;

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(1) Motion-picture photoplays;

(m) Motion pictures other than photoplays:1

works, directories, gazeteers,etc.

does not limit

Provided, nevertheless, That the above specifications Classification shall not be held to limit the subject-matter of copyright copyright.

1 The changes marked, and the addition of the words printed in italics are authorized by the amendatory Act of August 24, 1912, printed in full on pages 29-32.

61774°-16-2

abridgments,

translations, new editions.

as defined in section four of this Act, nor shall any error in classification invalidate or impair the copyright protection secured under this Act.

Compilations, SEC. 6. That compilations or abridgements, adaptadramatizations, tions, arrangements, dramatizations, translations, or 5 other versions of works in the public domain, or of copyrighted works when produced with the consent of the proprietor of the copyright in such works, or works republished with new matter, shall be regarded as new works subject to copyright under the provisions of this Act; but 10 the publication of any such new works shall not affect Subsisting the force or validity of any subsisting copyright upon the matter employed or any part thereof, or be construed to imply an exclusive right to such use of the original works, or to secure or extend copyright in such original 15 works.

copyright not af

fected.

Not subjectmatter of copy

public domain;

lications.

SEC. 7. That no copyright shall subsist in the original right; works in text of any work which is in the public domain, or in any Government pub-work which was published in this country or any foreign country prior to the going into effect of this Act and has 20 not been already copyrighted in the United States, or in any publication of the United States Government, or any reprint, in whole or in part, thereof: Provided, however, That the publication or republication by the Government, either separately or in a public document, of any material 25 in which copyright is subsisting shall not be taken to cause any abridgement or annulment of the copyright or to authorize any use or appropriation of such copyright material without the consent of the copyright proprietor.

Copyright

to

author or proprie

ified in Act.

SEC. 8. That the author or proprietor of any work made 30 tor for terms spec- the subject of copyright by this Act, or his executors, administrators, or assigns, shall have copyright for such work under the conditions and for the terms specified in this Act: Provided, however, That the copyright secured Foreign authors by this Act shall extend to the work of an author or pro- 35 Copyright protec-prietor who is a citizen or subject of a foreign state or

who may secure

tion.

Alien authors domiciled in U. S.

citizens of coun

ciprocal rights.

nation, only:

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

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Authors, when (b) When the foreign state or nation of which such tries granting re-author or proprietor is a citizen or subject grants, either 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 pro- 45

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