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[Insert between pp. 410 and 411.]
Errata in Following Compiled Substitute Draft.
Page 411. Line 5 of Sec. 3, before the word “representing," change “or” to “of.” In Notes to Section 3:Line 1 of Note 2, change "referred” to "preferred”.
Line i of Par. 2 of Note 3, after word "means" insert "is"; line 3. cancel last word "and" and substitute a dash (-); insert a dash (-) after quotation in next line.
Page 412 In first proviso of Subsec. (f) of Sec. 4, words "literature or art to another”, should be transferred to preceding line, following the words "form of", making clause read:
or conversion from one form of literature or art to another, or adaptation, rearrangement or new setting of music, when
ever made or authorized”, etc. Next to last line of first proviso, Sec. 5, after word "produce”, cancel article “the”.
Page 415. Third from last line of left-hand column, change "seventeen” to “fifteen”.
Page 416. Left-hand column, 4th line of Sec. 14, change "five" to "four"'; line 10, change "four" to "five”; seventh line from end of same section, strike out “five and six”, and substitute "and five".
Page 418. Second par. of Sec. 18 (15), third line of par., before "advertising”, change "before" to "for". Insert following par, at end of this Section :
“No damages shall be recovered or penalties exacted on account of the infringement of the copyright of any such print or label unless each copy thereof issued by the authority of the proprietor shall be marked either as required in respect to books in Sec. 14 of this Act, or in lieu thereof, with the words 'Label Registered', followed either by the date or by the number of registration of the label in the Patent Office.”
In Notes to Sec. 18 (15): After words "Patent Office," in second line, insert:
" with enlargement of the period for filing, analogous to the two-year limit allowed after public use with respect to applications for patents for inventions.
Page 419. Right-hand column, note: After word "NOTE" insert : "The above is substantially Mr. Pound's proposition."
The matter in the right-hand column of this page, after word "royalties”, twelfth line from foot, including continuation of same column on next page, should have been set full width of page. The parallel columns from commencement of paragraph should read thus :
“And all courts having juris- “And all courts having jurisdiction to enforce the provisions diction to enforce the provisions of this Act shall have power to
of this Act shall have power upon enforce the payment of such petition of such author or his royalties prescribed by order of assigns, or legal representatives, court or agreed on between the to compel accounting and payparties.
ment of such royalties "by any and all suitable means by which decrees and orders of courts of equity are lawfully enforceable”, etc., to the end of the right hand column on page 420.
Page 420. Last foregoing correction continued, as noted, on this page. Notes to Sec. 22 (19): Last line, change “being” to “deemed”.
Page 422. Right-hand column, Sec. 33, should be spaced from Sec. 32; and opposite such space should stand in left-hand column, the two lines commencing, "Sec. 36".
Page 425. The lines indicating "Sec. 49 (45)”, “Sec. 50 (46)”, “Sec. 51 (47)”, “Sec. 52 (48)”. “Sec. 53 (49)”, “Sec. 54 (50)”, should extend-as the numbers in parentheses indicate-across the page after Sec. 44 of right-hand column.
SUBSTITUTE DRAFT. PREPARED BY COMPILATION BY MR. BURTON FROM HIS FORMER DRAFT (M. CLARK PIANO COMPANY) AND DRAFT OF MR. PORTERFIELD—AND SUNDRY SUGGESTIONS OF MR. POUND, MR. O'CONNELL, AND OTHERS, AT THE DECEMBER HEARINGS.
A BILL To amend and consolidate the acts respecting copyrights.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.
SECTION 1. 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. 2. That nothing in this Act shall be construed to extend or curtail, broaden or diminish, any right or estate created, protected or arising under or by virtue of any previously subsisting statute, nor to render copyrightable any work which shall have fallen into the public domain before this Act shall have gone into effect, nor prevent, lessen, impeach, or avoid any remedy at law or in equity, which any party aggrieved by any infringement of a previously subsisting copyright might have had if this Act had not been passed, nor extend the remedies herein provided to any cases of infringement committed before the going into effect of this Act, and all suits or actions now pending in any court of the United States, arising under the copyright laws existing prior to the going into effect of this Act, shall be governed in all respects by the laws as existing prior to the enactment hereof.
SEC. 3 (see note 1). That copyright secured by this Act is the sole liberty of multiplying and vending. (see note 2) copies of the copyrighted article, and in the case of a dramatic composition, whether musical or nonmusical, or a musical composition designed solely for public performance or performing (see note 3) or representing it or causing it to be performed or represented, at a place of public entertainment for price or admission charged to the auditors, and in the case of a lecture, sermon, or address, written and prepared for oral delivery, to deliver the same or cause any delivery (see note 3) thereof for profit.
Notes to Section 3.
NOTE 1.-Sections 3 and 4 are designed to distinguish sharply between two quite different things: (1) The right given to an author to derive profit from work already produced, and (2) the reservation to him of the privilege of future production of an outgrowth of that work.
This last, covered by Section 4, is in the nature of a caveat. If the outgrowth shall be produced during the caveat period, it will itself become a subject of full copyright protection ; but the caveat privilege is not itself a true part of the original copyright.
NOTE 2.--The word · vending is referred to a multiplicity of terms, because its long use in the statutes makes its meaning certain and, under the decisions, comprehensive.
NOTE 3.---The right granted is the control of the normal and chief means of dissemination for profit.
In respect to books this means the multiplication of copies. In respect to the other classes of work mentioned, it is their public performance or delivery. The two things are one in essence,—the advisability of including nondramatic orchestral music and “musical compositions designed solely for public performance ” in the group of things of which the monopoly of public performance is given under copyright is very seriously doubted. Excision of this provision from the section will not mutilate it.
SEC. 4. That the further protection secured by this Act to authors shall include the sole and exclusive liberty :
(a) To make or authorize for publication, sale, distribution, or circulation, any translation into any other language or dialect of a book copyrighted under this Act.
(b) To make or authorize for publication, sale, distribution, or circulation, any abridgment, digest, or condensation of a work copyrighted under this Act.
(c) To make or authorize for publication, sale, distribution, or circulation, any adaptation, new arrangement, rearrangement, or new setting of any musical composition copyrighted under this Act.
(d) To make or authorize for publication, sale, distribution, or circulation, any dramatization of a nondramatic work copyrighted under this Act, or any conversion into nondramatic form of a dramatic work copyrighted under this Act.
(e) To make or authorize for publication, sale, distribution, or circulation, any pictorial presentation of a work pertaining to the art of sculpture copyrighted hereunder.
(f) To make or authorize for publication, sale, distribution, or circulation, any presentation by means of the sculptor's art of any pictorial work copyrighted hereunder.
Provided, Such translation, abridgment, digest, condensation, dramatization or conversion from one form of or adaptation, rearrangement or new setting of music, literature or art to another, whenever made or authorized, be copyrighted as an original work in the manner provided in this Act, and if published without copyright shall fall into the public domain, notwithstanding the subsistence of the copyright on the original or parent work.'
And provided further, That the exclusive right of the author to translate, abrige, digest, or condeuse a copyrighted book, to dramatize a copyrighted nondramatic work, to convert a copyrighted dramatic work into a nondramatic work, to make an adaptation, new arrangement, rearrangement or new setting of a copyrighted musical composition, and to convert a work of the fine arts from pictorial to sculptural form, or from sculptural to pictorial form, shall continue for ten years after copyright was obtained on the original or parent work and no longer. And such exclusive right of translation shall, after the said period of ten years, be confined to the language or languages, dialect or dialects into which translations shall have been made and published within said period.
SEB. 5. Copyright under this Act shail be obtained only by or in the right of the author (see note 1), which term shall include also the designer, delineator, composer, or other sort of artist producer of any work entitled hereby to copyright protection. And such right to secure copyright shall be assignable and transmissible as personal estate.
Provided, That the arranger and producer of any device, or appliance, especially adapted, in any manner whatsoever, by or with the aid of any other mechanism or musical instrument, to reproduce to the ear any material part of any work published and copyrighted after this Act shall have gone into effect, and any person who, by the voice, or by playing upon any musical instrument or instruments, causes to be produced any such device, contrivance or appliance, shall be considered the author of the specific devices or appliances so produced and the same may be copyrighted under the provision of this Act by or in the right of such author, without prejudice to the right of any other person to independently arrange and produce the devices or appliances of the same or other sort for reproducing to the ear the same work.
And 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 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.
Provided (see note 2), however, That the citizens or subjects of any foreign country shall not enjoy by virtue of this Act any greater rights or privileges of copyright in the United States than citizens of the United States are granted in such foreign countries, respectively, except as otherwise provided by existing treaties.
Notes to section 5.
NOTE 1.—The use of a single term, author," with a broadening definition simplifies subsequent reference, preventing inferential limitations being drawn from the subsequent use of the single term where it would, in fact, be used to represent the group to avoid bungling construction.
The phrase “ only in the right of the author," taken with the concluding, clause declaring the right transmissible, avoids the awkward ambiguity involved in the phrase "author or proprietor " of the present statute and pending bill. The right can not, in fact, be alternative between the author and the proprietor.
NOTE 2.—The objection that the bill (which is the same as the present statute) gives foreign authors, more rights here than our authors get abroad, can not be cured where treaties are in existence substantially in accordance with the present statute and bill. (See, for example, treaties with China and Japan, pages 100-104, Copyright Office Bulletin No. 3, 1906.)
· SEC. 6 (see note 1). That the works for which copyright may be secured under this act shall include:
1. Books, which shall include works of whatever form, being the expression of intellectual conception in written language designed to be read by the eye, and substitutes therefor for the use of the blind, including the following subclasses, without excluding others not herein specified :
(a) Original works ;
(b) Secondary, derived, or compiled works, including translations, dramatizations, and other conversions from one literary form into another, cyclopedic work, dictionaries, gazetteers, catalogues, digests, abridgements, and condensations;
(c) Composite or aggregated works, such as newspapers and other periodicals.
2. Works of the fine arts, both original and reproductions, comprising :
(a) Sculpture, including statuary, plastic works in relief or intaglio, cameo and, intaglio cuttings, carvings (other than such as are ornamentation of articles of merchandise of utility), and plastic models of scientific or technical character ;
(b) Paintings, drawings, engravings, etchings, lithographs, prints, and pictorial illustrations, by any process, photographs and photographic negatives, including photographs or negatives in series for representing action in successive stages, and transparencies for magic lanterns and the like.
(c) Models and designs intended to be perfected as works of the fine arts. 3. Maps, charts, and diagrams.
4. Musical compositions for the voice or for musical instruments, in any system of notation designed to be read by the eye, or substitutes for the same designed for the use of the blind.
5. Devices, appliances, and contrivances for reproducing to the ear speech or music, including :
(a) Interchangeable controllers for determining the music produced on automatic musical instruments or players.
(b) Interchangeable devices produced by the voice or by the audible playing of a musical instrument for reproducing the matter thus vocalized or rendered audible.
(C) Interchangeable telephonic or telegraphic records automatically produced by the sound-recording or transmitting devices of telephone or telegraph.
6. Labels and prints of artistic or literary character relating to articles of manufacture and registerable in the Patent Office under any statute now or hereafter in force.
Notes to section 6. This classification is such that the several classes are mutually exclusive, and in this respect it is believed to be much more logical, convenient, and certain in interpretation than the statutes or pending bill, in which the terms of different classes, particularly in the use of the word "books" reach into or overlap the description of other classes.
The subclasses are chiefly for convenience of subsequent reference and are not necessarily mutually exclusive (see sec. 7); e. g., subclass (6) of class 1 is made for convenience of reference if it should be thought advisable to make a longer term for original than derived or compiled work, as has been suggested by some. Subclass (c) of class 1 is made partly for convenient reference back from section 14, providing for single notice on “ composite ” works.
SEC. 7. That the descriptions of the several classes of copyrightable works contained in subsections one to six, inclusive, of section 6 shall be taken as mutually exclusive, so that no work falling in any one of said classes shall be included in any other class; but the description of the subclasses in each class shall not be taken as mutually exclusive.
Provided, however, That mistake as to classification shall not invalidate or impair the copyright protection secured under this Act, but the same shall be