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limited according to the true classification, regardless of the class to which the work is assigned by the applicant in his application for registration.
SEC. 8. That no copyright obtained pursuant to this Act upon any revision, abridgment, condensation, digest, dramatization, translation, compilation, rearrangement, adaptation, or conversion from one form of literature or art into another, of any previously existing work, whether copyrighted or in the public domain, shall affect the force or validity or any subsisting copyright, or validate or revive any expired, invalid, or forfeited copyright upon the matter employed, or any part thereof, or be construed to grant any exclusive right to such use of the original works, but shall only protect the new matter.
SEC. 9. That no copyright shall be acquired under this Act by any person in any publication of the United States Government, or of any State or Territorial government, or any reprint in whole or in part thereof; or in any opinion delivered by a judge or other officer of the United States, or of any State, Territory, or district in the performance of his official duties; or in any report, letter, or other document composed, prepared, written, promulgated, or issued by any executive or administrative officer, civil or military, of the United States, or of any State, Territory, or District, or political division thereof in performance of his official duties; any statute, ordinance, rule, by-law, or public record of the United States, or of any State, Territory, or District, or political division thereof, or of any corporation or association of any kind whatsoever; the original text of a work by any author not a citizen of the United States first published without the limits of the United States prior to July first. eighteen hundred and ninety-one; or in the original text of any work which has fallen into the public domain; or in anything of an obscene, indecent, or immoral nature whereby the morals of the people may be corrupted: Provided, however, That the publication or republication by the Government, either separately or in a public document, of any material in which copyright is subsisting shall not be taken to cause any abridgment or annulment of the copyright, or to authorize any use or appropriation of such copyrighted material without the consent of the copyright proprietor.
SEC. 10 (see note 1). That any person entitled thereto by this Act may secure copyright for his work by publication thereof with the notice of copyright required by this Act; and such notice shall be affixed to each copy thereof published or offered for sale in the United States by authority of the copyright proprietor. In the case of a work of the fine arts or a plastic work or drawing, such notice shall be affixed to the original also, before any public exhibition of such original. In case of composite works (subclass (c) class 1, section 6) a single notice on each copy shall suffice.
SEC. 11. That in order to obtain registration of claim to copyright on behalf of the claimant, not later than thirty days (but in the case of a periodical not later than ten days) after the publication of the work upon which copyright is claimed, there shall be deposited in the Copyright Office or in the United States mail addressed
SEC. 10 (see note 1). That no person shall be entitled to a copyright unless he shall, on or before the day of publication in this or any foreign country, deliver at the office of the Register of Copyrights or deposit it in the mail within the United States, addressed to the Register of Copyrights, at Washington, District of Columbia, a printed copy of the title of the book, or other article for which copyright is desired, or a description of the article, if it bears no title; nor unless he shall also, not later than the day of the publication thereof in this or any foreign country, deliver at the office of the Register of Copyrights, at Washington, District of Columbia, or deposit in the mail within the United States, addressed to the Register of Copyrights, at Washington, District of Columbia, two copies of such copyrighted book, or other article, copies of which are designed to be multiplied by printing or other process, or in case of a painting, drawing, statue, statuary, model, or design, a photograph of the same.
to the Register of Copyrights, Washington, District of Columbia, two complete copies of the best edition; or if a contribution to a periodical for which contribution special registration is requested, one copy of the issue or issues of the periodical containing such contribution, to be deposited not later than ten days after publication; or if the work is not reproduced in copies for sale, there shall be deposited the copy, print, photograph, or other identifying reproduction, such deposit to be accompanied in each case by a claim of copyright.
SEC. 12. Within sixty days (but in case of a periodical, within fifteen days) after publication of the work upon which copyright is claimed, there shall be filed in the office of the Register of Copyrights, at Washington, D. C., a petition for registration, stating under oath (a) the name and residence of the petitioner; (b) the title and the fact and place of publication of the work of which copyright is claimed; (c) that each and every copy of each and every edition of said work published has contained the notice of copyright required by this Act; (d) that said work had not, to the knowledge of the petitioner, been previously published; (e) that the petitioner is the author or proprietor of such work, as the case may be.
If the copyright is claimed for a proprietor not the author, unless the petition under oath states that by the desire of the author the work was published anonymously and that the author still desires to remain unknown, or that the authorship is unknown to the petitioner, such petition shall be accompanied by a written instrument, signed by the author, and acknowledged before an officer competent to take acknowledgment of deeds, expressly assigning the work, or the right to copyright the same, to the person by whom copyright is claimed in said petition, and also an affidavit (which may be embodied in such assignment) that the affiant is the author of such work.
Registration obtained by compliance with this section, or section seventeen hereof, shall be prima facie evidence of ownership of the copyright.
Notes to sections 10, 11, and 12.
The left-hand column throughout this draft, wherever it is double columned, presents Mr. Burton's preference or recommendation; the right-hand column, Mr. Porterfield's. The parenthetical numbers of sections not double columned are the numbers belonging to these sections in the bill as made up with the second-column sections instead of the first-column sections.
Section 10 of second column substantially reenacts the present statute. Sections 10. 11, and 12 of the first column adopt the proposed new method of copyrighting by publication with notice and subsequent registration.
SEC. 13 (11). That the postmaster to whom are delivered the articles required to be deposited under section ten above shall, if requested, give a receipt therefor, and shall mail them to their destination without cost to the copyright claimant.
SEC. 14. That notice of copyright required by section ten shall consist (a) in the case of any work specified in the subsections one, three, and five of section six of this Act, of the word "copyright," or the word copyrighted," accompanied by the name of the author or copyright proprietor as registered in the Copyright Office, and the year of original publication; (b) in the case of any work specified in subsections two and four of section six, either the word copyright" or 'copyrighted," or the letter C enclosed within a circle thus, C: Provided (see, note), That on some accessible portion of the work, or of the margin, back, permanent base or pedestal thereof, or of the substance on which the work shall be mounted, the name of the author or copyright proprietor as registered in the Copyright Office shall appear, together with the year of original publication; but in the case of works in which copyright was subsisting when this Act shall go into effect the notice of copyright may be either in one of the forms prescribed herein or in some of those prescribed by the Act of June eighteenth, eighteen hundred and seventy-four.
Such 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 periodical, either upon the titlepage or upon the first page of text of each separate number, or under the title heading; and in the case of a work specified in subsections two, three, four, five, and six of section six of this Act, except as hereinabove in this section provided, upon some accessible portion of the work itself, or of the margin, back, permanent base or pedestal thereof, or of the substance on which the work shall be mounted.
SEC. 12. That no person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title-page or the page immediately following, if it be a book, or, if it be any of the other articles enumerated in section six of this Act, by inscribing on some visible portion thereof, or of the substance on which the same shall be mounted, the following words, viz: "Entered according to Act of Congress, in the year by A B, in the office of the Librarian of Congress, at Washington," or, at his option, the word "copyright," together with the year the copyright was entered, and the name of the party by whom it was taken out; thus: "Copyright, 19-, by A B."
Manufacturers of designs for molded decorative articles, titles, plaques, or articles of pottery or metal subject to copyright may put the copyright mark prescribed herein on the back or bottom of such articles, or in such other place on them as it has heretofore been usual for manufacturers of such articles to employ for the placing of manufacturers', merchants', and trademarks thereon (see note); and on other works of the fine arts the required mark may be applied upon the back or any unexposed part, provided such mark shall be plain and of sufficient size to be readily discoverable by sufficient search.
Notes to section 14 (12).
Art works are exempted from the requirement of exposed marking except by the cabalistic sign of
SEC. 15. That if, by reason of any error or omission, the requirements prescribed above in section ten have not been complied with within the time therein specified, or if failure to make registration has occurred by the error or omission of any administrative officer or employee of the United States, it shall be permissible for the author or proprietor to make the re
quired deposit and secure the necessary registration within a period of one year after the first publication of the work: Provided, That in such case there shall be no right of action for infringement of the copyright until such requirements have been fully complied with or be based on any infringement begun before the time of that compliance: And provided further, That the privilege above afforded of completing the registration and deposit after the expiration of the period prescribed in section twelve shall not exempt the proprietor of any article which bears a notice of copyright from depositing the required copy or copies upon specific written demand therefor by the Register of Copyrights, who may make such demand at any time subsequent to the expiration of such period; and after the said demand shall have been made, in default of the deposit of the copies of the work within one month from any part of the United States except an outlying territorial possession of the United States or from any foreign country, the proprietor of the copyright shall be liable to a fine of one thousand dollars.
But such deposit upon such demand of the Register of Copyrights, after one year from the date of pubication, shall not render the copyright valid. (See note.)
Where the copyright proprietor has sought to comply with the requirements of this Act as to notice and the notice has been duly affixed to the bulk of each edition published, its omission by inadvertence from a particular copy or copies, though preventing recourse against an innocent infringer without notice, shall not invalidate the copyright nor prevent recovery for infringement against any person who, after actual notification of the copyright, begins an undertaking to infringe it.
Notes to section 15a.
Adopting the provisions of the bill allowing one year for registration in case of oversight and permitting the Register of Copyrights at any time to demand the filing of copies of a book which has been published with copyright mark, it is considered important to provide against the validation of the copyright which under the bill it would seem would be caused by the Register calling for such copies after the expiration of the year. This would open the way for great fraud, permitting a publication to be made with notice of copyright but without actual registration until after the work should have been taken up and published by others knowing it was not registered. Thereupon a third party in the interest of the original publisher calling the Register's attention to the nonregistration would cause him to demand registration (innocent of the fraud intended), and thereupon the copyright being validated large damages would accrue from the second publication.
SEC. 16 (13). In case of any book which consists either in whole or in part of matter collected, compiled, or selected from previously copyrighted works, the reproduction and publication in such form of the previously copyrighted matter shall not in anywise affect or impair such previous copyrights, though the titles of such previously copyrighted works and the original notices of the copyrights CH-06-27
equity, have power to extend to the claimant of such royalies, such preliminary protection in respect thereto as may be deemed equitable, by requiring bond to secure the payment of such royalties as may be awarded in lieu of a preliminary injunction, and upon failure thereof to grant such preliminary injunction.
Notes to section 22 (19).
Two suggestions as to method of providing for the royalty contemplated in this section are presented in the parallel-column portion of the section. It has been suggested that 2 cents is very much too high royalty for graphophone rolls and the like. and it would be competent and probably unobjectionable to the makers of perforated rolls for piano players and the like to make a distinction in the act between these different classes of devices. The suggestion comes from some of the perforated roll makers that a 1-cent royalty for perforated rolls and a quarter of a cent royalty for phonograph cylinders, etc., would be about right, if a flat rate is being the preferable method.
SEC. 23. That the copyright secured by this Act shall endure for years from and including the year of first publication hereunder, with respect to all subjects of copyright named therein, except devices or appliances for reproducing speech of music to the ear; and as to such devices and appliances, the term of copyright secured hereunder shall be seventeen years only, including the year of first publication or production in multiple for sale, of such device or appliance, and shall in any event expire at the same time as the copyright on the composition containing the speech or music reproduced to the ear. (See note.)
Provided, however, That in all cases the term shall extend to the end of the calendar year of expiration.
SEC. 20. That copyrights shall be granted for the term of twenty-eight years from the time hereinafter directed. And at the expiration of the said term the same exclusive right shall be continued for the further term of fourteen years to the author or authors and his or their personal representatives, legatees, and assigns, on causing the title of the work or description of the articles so secured to be recorded a second time in the Copyright Office within six months before the expiration of the first term.
Note to section 23 (20).
The first column form of this section makes no provision for extension. Such provision, however, may be easily inserted if deemed advisable, but should not relate to the devices for automatic reproductions to the ear, and may be made to relate to certain classes only of section 6.
SEC. 24 (21). That of a printed book or periodical the copies deposited under section 10 of this Act shall be bound (see note) within the limits of the United States, and the text thereof shall be printed (see note) within the limits of the United States, from type set within the limits of the United States, either by hand or by the aid of any kind of typesetting or type producing (see note) machine, or from plates made within the limits of the United States, from type set within the limits of the United States, or if the text be produced by any other device or process, then by a process wholly performed, both as to the preparation (see note) of the device and as to the printing (see note) therewith, within the limits of the United States; which requirements shall extend also to the illustrations produced by any device of process, contained within a printed book, consisting of text and illustrations, and also to separate illustrations, except where in either case the subjects represented by such illustrations are located in a foreign country; but they shall not apply to works in raised characters for the use of the blind, and they shall be subject to the provisions of section nineteen (sixteen) of this Act, with reference to books published abroad seeking ad interim protection under this Act.
In the case of the book the copies so disposited shall be accompanied by an affidavit, under the official seal of any officer authorized to administer oaths