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Copyright from Publishers' standpoint, from Music Trades, December
R. R. Bowker, vice-president American (Authors') Copyright League.
Robert Underwood Johnson, secretary American (Authors') Copy-
Statement of the general term of copyright in various countries.....
Amendments approved by American (Authors') Copyright League..........
Memorandum of the committee on copyright and trade mark of the Asso-
Substitute draft prepared by Mr. C. S. Burton from his former draft
(M. Clark Piano Company) and the draft of Mr. Charles Porterfield, and
sundry suggestions of Mr. George W. Pound, Mr. J. J. O'Connell, and
others, at the December hearings..
[Fifty-ninth Congress, first session.]
A BILL To amend and consolidate the acts respecting copyright.
4- 7. Subject-matter of copyright.
9-17. How to secure copyright.
(S. 6330; H. R. 19853.)
21-36. Protection of copyright.
Be it enacted by the Senate and House of Representatives of the
United Staes of America in Congress assembled, That the copyright
secured by this act shall include the sole and exclusive right:
(a) For the purposes set forth in subsection (b) hereof, to make
any copy of any work or part thereof the subject of copyright under
the provisions of this act, or to abridge, adapt, or translate into an-
other language or dialect any such work, or make any other version
(b) To sell, distribute, exhibit, or let for hire, or offer or keep for
sale, distribution, exhibition, or hire, any copy of such work;
(c) To deliver, or authorize the delivery of, in public for profit,
(d) To publicly perform or represent a copyrighted dramatic
(e) To dramatize any copyrighted nondramatic work and produce
(f) To publicly perform a copyrighted musical work, or any part
thereof, or for purpose of public performance or the purposes set
forth in subsection (b) hereof to make any arrangement or setting
of such work, or of the melody thereof, in any system of notation;
(g) To make, sell, distribute, or let for hire any device, contriv
ance, or appliance especially adapted in any manner whatsoever to
reproduce to the ear the whole or any material part of any work
published and copyrighted after this act shall have gone into effect,
or by means of any such device or appliance publicly to reproduce to
the ear the whole or any material part of such work.
(h) To produce any abridgment, variation, adaptation, or ar- ·
rangement of a copyrighted work of art.
SEC. 2. That nothing in this act shall be construed to annul or
limit the right of the author or proprietor of an unpublished work,
at common law or in equity, to prevent the copying, publication, or
use of such unpublished work without his consent, or to obtain dam-
SEC. 3. That the copyright provided by this act shall extend to
and protect all the copyrightable component parts of the work copy-
righted, any and all reproductions or copies thereof, in whatever
form, style, or size, and all matter reproduced therein in which copyright is already subsisting, but without extending the duration of such copyright.
SEC. 4. That the works for which copyright may be secured under this act shall include all the works of an author.
SEC. 5. That the application for registration shall specify to which of the following classes the work in which copyright is claimed pelongs:
(a) Books, including composite and cyclopædic works, directories, gazetteers, and other compilations, and new matter contained in new editions; but not including works specified in other subsections hereunder.
(b) Periodicals, including newspapers.
(c) Oral lectures, sermons, addresses.
(d) Dramatic compositions.
(e) Musical compositions.
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 technical char
(k) Prints and pictorial illustrations.
(1) Labels and prints relating to articles of manufacture, as heretofore registered in the Patent Office under the act of June eighteenth, eighteen hundred and seventy-four: Provided, nevertheless, That the above specifications shall not be held to limit the subjectmatter of copyright as defined in section four of this act, nor shall any error in classification invalidate or impair the copyright protection secured under this act.
SEC. 6. That additions to copyrighted works and alterations, revisions, abridgments, dramatizations, translations, compilations, arrangements, or other versions of works, whether copyrighted or in the public domain, shall be regarded as new works subject to copyright under the provisions of this act; but no such copyright shall affect the force or validity of any subsisting copyright upon the matter employed or any part thereof, or be construed to grant an exclusive right to such use of the original works.
SEC. 7. That no copyright shall subsist
(a) 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 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 copyright material without the consent of the copyright proprietor;
(b) In 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. SEC. 8. That the author or proprietor of any work made 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 by this act shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation, only when such foreign author or proprietor
(a) Shall be living within the United States at the time of the making and first publication of his work, or shall first or contemporaneously publish his work within the limits of the United States; or
(b) When the foreign state or nation of which such 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 protection substantially equal to the protection secured to such foreign author under this act; or when such foreign state or nation is a party to an 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.
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.
SEC. 9. 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 art or a plastic work or drawing, such notice shall be affixed to the original also before publication thereof. In the case of a lecture or similar work intended only for oral delivery, notice of copyright shall be given at each public delivery thereof.
SEC. 10. That such person may obtain registration of his claim to copyright by complying with the requirements prescribed in this act; and such registration shall be prima facie evidence of ownership.
Registration may also be had of works, of which copies are not reproduced for sale, by the deposit, with claim of copyright, of the title and one complete printed or manuscript copy of such work, if it be a lecture or similar production or a dramatic or musical composition; of a photographic print, if the work be a photograph, or of a photograph or other identifying reproduction thereof, if it be a work of art, or a plastic work or drawing; the notice of copyright in these latter cases being affixed to the original before publication as required by section nine above. But the privilege of registration secured hereunder shall not exempt the copyright proprietor from the requirement of deposit of copies under section eleven herein where the work is later reproduced in copies for sale.
SEC. 11. That 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 to the Register of Copyrights, Washington, District of Columbia, two complete copies of the best edition; or if the work be a label or print relating to an article of manufacture, one such copy; 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 required by section ten above; such copies or copy, print, photograph, or other reproduction to be accompanied in each case by a claim of copyright.
SEC. 12. That the postmaster to whom are delivered the articles required to be deposited under section eleven above shall, if requested, give a receipt therefor, and shall mail them to their destination without cost to the copyright claimant.
SEC. 13. That of a printed book or periodical the text of the copies deposited under section eleven above shall be printed from type set within the limits of the United States, either by hand or by the aid of any kind of typesetting machine, or from plates made from type set within the limits of the United States, or if the text be produced by lithographic process, then by a process wholly performed within the limits of the United States; which requirements. shall extend also to the illustrations produced by lithographic process within a printed book consisting of text and illustrations, and also to separate lithographs, except where in either case the subjects represented 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 sixteen with reference to books published abroad seeking ad interim protection under this
In the case of the book the copies so deposited shall be accompanied by an affidavit, under the 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 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 from type set within the limits of the United States, or, if the text be produced by lithographic process, that such process was wholly performed within the limits of the United States.
Any person who for the purpose of obtaining a copyright shall knowingly be guilty of making a false affidavit as to his having complied 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.
Such affidavit shall state also the place within the United States and the establishment in which such type was set or plates were made or lithographic process was performed and the date of the completion of the printing of the book or the date of publication. SEC. 14. That the notice of copyright required by section nine shall consist either of the word "Copyright," or the abbreviation "Copr.," or, in the case of any of the works specified in subsections (f) to (1), inclusive, of section five of this act, the letter C inclosed within a circle, thus: O, accompanied in every case by the name of the author or copyright proprietor as registered in the Copyright Office; or, in the case of works specified in subsections (f) to (1), inclusive, of section five of this act, by his initials, monogram, mark, or symbol, provided 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 his name shall