FIFTY-NINTH CONGRESS. COMMITTEE ON PATENTS OF THE SENATE. ALFRED B. KITTREDGE, OF SOUTH DAKOTA, Chairman. STEPHEN R. MALLORY, OF FLORIDA. TABLE OF CONTENTS. Statement of Herbert Putnam, Librarian of Congress.. List of delegates to the conferences on copyright. Memorandum on the bill: (a) Some leading features; (b) Provisions Frank H. Scott, President of the American Publishers Association... Pirie Macdonald, of the Photographers' Copyright League J. J. Sullivan, representing the International Typographical Union.. III Secs. S. 6330, Fifty-ninth Congress, 1st Session. [The text of H. R. 19853 is identical with S. 6330.] A BILL To amend and consolidate the Acts respecting copyright 1- 3. Nature of copyright. 4-7. Subject-matter of copyright. 8. Who may obtain copyright. 9-17. How to secure copyright. 18-20. Duration of copyright. Contents. Secs. 21-36. Protection of copyright. 61-64. Miscellaneous provisions. Be it enacted by the Senate and House of Representatives of the United States 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 another language or dialect any such work, or make any other version thereof; (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, any copyrighted lecture, sermon, address, or similar production prepared for oral delivery; (d) To publicly perform or represent a copyrighted dramatic work, or to convert it into a novel or other nondramatic work; (e) To dramatize any copyrighted nondramatic work and produce the same either by publication or performance; (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, contrivance, 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 arrangement 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 damages therefor. SEC. 3. That the copyright provided by this Act shall extend to and protect all the copyrightable component parts of the work copyrighted, 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 belongs: (a) Books, including composite and cyclopedic 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; (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 technical character; (j) Photographs; (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 seventyfour: Provided, nevertheless, That the above specifications shall not be held to limit the subject matter 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 shail 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 cotemporaneously 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 |