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diff --git a/39502-h/39502-h.htm b/39502-h/39502-h.htm new file mode 100644 index 0000000..6d919d9 --- /dev/null +++ b/39502-h/39502-h.htm @@ -0,0 +1,40669 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> +<html xmlns="http://www.w3.org/1999/xhtml" lang="en"> + +<head> + <meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" /> + <meta http-equiv="Content-Style-Type" content="text/css" /> + <title> + The Project Gutenberg ebook of Copyright: Its History and Its Law, + by Richard Rogers Bowker. + </title> + <style type="text/css"> + +body { + margin-left: 12%; + margin-right: 12%; +} + + h2,h3,h4 { + text-align: center; /* all headings centered */ + clear: both; +} + +h1 { + text-align: center; /* all headings centered */ + clear: both; + page-break-before: always;} + +h2.no-break {page-break-before: avoid;} /* for epubs */ +h2.title {margin-top: .75em; /* for title page */ + margin-bottom: .75em;} +h3.title {margin-top: .75em; 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+ margin-bottom: 0em;} +.indentc {text-indent: 4em; /* proclamation signature */ + margin-top: 0em; + margin-bottom: .75em;} + +.fnanchor { /* style the [nn] reference in the body text */ + font-size: 75%; + text-decoration: none; + vertical-align: 0.5em; +} + +.footnote {font-size: 90%; + text-decoration: none; + margin-left: 2em; + margin-right: 2em;} + +.sidenote { /* reformatted as mini-headers */ + font-size: small; + font-weight: bold; + color: #333 ; + text-align: right; +} + +.center {text-align: center;} + +.smcap {font-variant: small-caps;} + +.smaller {font-size: 90%;} + +.tinier {font-size: 60%} + +.larger {font-size: 135%;} + +li {margin-left: 1em; /* secondary index lines indented */ + text-indent:-2em; + list-style-type: none} + +/* Images */ +.figcenter { + margin-left: auto; + margin-right: auto; + text-align: center; +} + +/* remove bullets from index list */ +.none {list-style-type: none;} + + </style> + </head> + +<body> + + +<pre> + +The Project Gutenberg EBook of Copyright: Its History and Its Law, by +Richard Rogers Bowker + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Copyright: Its History and Its Law + +Author: Richard Rogers Bowker + +Release Date: April 21, 2012 [EBook #39502] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK COPYRIGHT: ITS HISTORY AND ITS LAW *** + + + + +Produced by Greg Weeks, Carol Brown, and the Online +Distributed Proofreading Team at http://www.pgdp.net. (This +book was produced from scanned images of public domain +material from the Google Print project.) + + + + + + +</pre> + + +<h3 class="larger">Richard Rogers Bowker</h3> + +<h1>COPYRIGHT: ITS HISTORY AND ITS +LAW.</h1> + +<h2 class="no-break title">THE ARTS OF LIFE.<br /> +OF BUSINESS.<br /> +OF POLITICS.<br /> +OF RELIGION.<br /> +OF EDUCATION.</h2> + +<h3>HOUGHTON MIFFLIN COMPANY</h3> + +<h4><span class="smcap">Boston and New York</span></h4> + +<h1 class="p4">COPYRIGHT</h1> + +<h3 class="larger">ITS HISTORY AND ITS LAW</h3> + +<h3 class="title">BEING A SUMMARY OF THE<br /> +PRINCIPLES AND PRACTICE OF COPYRIGHT<br /> +WITH SPECIAL REFERENCE TO<br /> +THE AMERICAN CODE OF 1909 AND<br /> +THE BRITISH ACT OF 1911</h3> + +<h4>BY</h4> + +<h3 class="larger">RICHARD ROGERS BOWKER</h3> + +<h4 class="p4">BOSTON AND NEW YORK</h4> + +<h3>HOUGHTON MIFFLIN COMPANY</h3> + +<h4>The Riverside Press Cambridge</h4> + +<h4>1912</h4> + +<p class="p4 center">COPYRIGHT, 1912, BY R. R. BOWKER</p> + +<p class="p2 center">ALL RIGHTS RESERVED<br /> +FOR ALL COUNTRIES</p> + +<p class="p2 center"><i>Published March 1912</i></p> + +<h2 class="p4">FOREWORD</h2> + +<p class="p2 sidenote">Copyright progress</p> + +<p>The American copyright code of 1909, comprehensively replacing all +previous laws, a gratifying advance in legislation despite its serious +restrictions and minor defects, places American copyright practice on a +new basis. The new British code, brought before Parliament in 1910, and +finally adopted in December, 1911, to be effective July 1, 1912, marks a +like forward step for the British Empire, enabling the mother country and +its colonies to participate in the Berlin convention. Among the +self-governing Dominions made free to accept the British code or legislate +independently, Australia had already adopted in 1905 a complete new code, +and Canada is following its example in the measure proposed in 1911, which +will probably be conformed to the new British code for passage in 1912. +Portugal has already in 1911 joined the family of nations by adherence to +the Berlin convention, Russia has shaped and Holland is shaping domestic +legislation to the same end, and even China in 1910 decreed copyright +protection throughout its vast empire of ancient and reviving letters. The +Berlin convention of 1908 strengthened and broadened the bond of the +International Copyright Union, and the Buenos Aires convention of 1910, +which the United States has already ratified, made a new basis for +copyright protection throughout the Pan American Union, both freeing +authors from formalities beyond those required in the country of origin. +Thus the American dream of 1838 of "a universal republic of letters whose +foundation shall be one just law" is well on the way toward +realization.</p> + +<p class="sidenote"><a name="Page_vi"></a>Field for the present treatise</p> + +<p>In this new stage of copyright development, a comprehensive work on +copyright seemed desirable, especially with reference to the new American +code. Neither Eaton S. Drone nor George Haven Putnam were disposed to +enter upon the task, which has therefore fallen to the present writer. He +hopes that his participation for the last twenty-five years in copyright +development,—during which, as editor of the <i>Publishers' +Weekly</i> and of the <i>Library Journal</i>, he has had occasion to keep +watch of copyright progress, and as vice-president of the American +(Authors) Copyright League, he has taken part in the copyright conferences +and hearings and in the drafting of the new code,—will serve to make +the present volume of use to his fellow members of the Authors Club and to +like craftsmen, as well as to publishers and others, and aid in clarifying +relations and preventing the waste and cost of litigation among the +coördinating factors in the making of books and other forms of +intellectual property.</p> + +<p class="sidenote">Authorities and acknowledgments</p> + +<p>The present work includes some of the historical material of the +Bowker-Solberg volume of 1886, "Copyright, its law and its literature." +This material has been verified, extended and brought up to date, +especially in the somewhat detailed sketch of the copyright discussions +and legislation resulting in the "international copyright amendment" of +1891 and the code of 1909. The volume is in this respect practically, and +in other respects entirely new. It has had the advantage of the cordial +co-operation of the copyright authorities at Washington, especially the +Librarian of Congress, Herbert Putnam, and the Register of Copyrights, +Thorvald Solberg; also of helpful courtesy from the Canadian Minister of +Agriculture in the recent Laurier administration, Sidney Fisher, and the +Canadian Registrar of Copyrights, P. E. Ritchie, and of Prof. Ernest +Röthlisberger, editor of the <i>Droit d'Auteur</i>, and one of the best +authorities on international copyright. This acknowledgment of obligation +is not to be taken as assuming for the work official sanction and +authority, though so far as practicable, it reflects the opinions of the +best authorities. The writer has also consulted freely—but it is +hoped always within the limits of "fair use"—the best law book +writers, especially Drone, Copinger, Colles and Hardy, and MacGillivray, +to whom acknowledgment is made in the several chapters. Acknowledgment is +also made for the courtesies of Sir Frederick Macmillan, G. Herbert +Thring, secretary of the British Society of Authors, and others numerous +beyond naming. But most of all the writer is indebted to the intelligent +and capable helpfulness of Carl L. Jellinghaus, who as private secretary, +has been both right hand and eyes to the writer, and besides participating +in the work of research, is largely responsible for the index and other +"equipment" of the volume.</p> + +<p class="sidenote">Method and form</p> + +<p>Copyright law is exceptionally confused and confusing, and even the new +American and British codes are not without such defects. Specific subjects +are so interdependent that it has been difficult to make clear lines of +division among the several chapters, and there is necessarily repetition; +it has been the endeavor to concentrate the main discussion in one place, +designated in the index by black face figures, with subordinate references +in other chapters. Ambiguities in the text of this volume often reflect +ambiguities in the laws, particularly of foreign countries. Where acts, +decisions, etc., are quoted in the text or given in the appendix, +spelling, capitalization, punctuation, headings, etc., follow usually the +respective forms, thus involving apparent inconsistencies. Side-headings +in the appendix follow usually the official form, unless shortened to +prevent displacement. Translations of foreign conventions follow usually +the official text of the translation, but have been corrected or conformed +in case of evident error or variance. Citation of cases is confined for +the most part to ruling or recent cases or those of historic importance or +interest. Though it has not been practicable to verify statements from the +copyright laws of so many countries in divers languages, a fairly +comprehensive and accurate statement of the <i>status</i> of copyright +throughout the world is here presented. The present work, originally +planned for publication in 1910, has been held back and alterations and +insertions made to bring the record of legislation to the close of 1911. +For those who wish to keep their copyright knowledge up to date, the +<i>Publishers' Weekly</i> will endeavor to present information as to the +English speaking world, and the monthly issues of the <i>Droit +d'Auteur</i> of Berne, under the editorship of Prof. Röthlisberger, will +be found a comprehensive and adequate guide.</p> + +<p class="sidenote">Advocates of authors' rights</p> + +<p>The preparation of this work brings a recurring sense of the losses +which the copyright cause has suffered during the long campaign for +copyright reform, beginning in the American Copyright League, under the +presidency of James Russell Lowell, and continued under that of Edmund +Clarence Stedman, both of whom have passed over to the majority. Bronson +Howard, always active in the counsels of the League as a vice-president, +and the foremost advocate of dramatic copyright as president of the +American Dramatists Club, failed, like Stedman, to see the fulfillment of +his labors in the passage of the act of 1909. George Parsons Lathrop, +Edward Eggleston, Richard Watson Gilder, "Mark Twain" and other ardent +advocates of the rights of the author, gave large share of enthusiasm and +effort to the cause. Happily the two men who for the last twenty years and +more have labored at the working oar for the Authors League and for the +Publishers League, are still active in the good work, ready to defend the +code against attack and eager to forward every betterment that can be +made; to Robert Underwood Johnson, the successor of the lamented Gilder as +editor of the Century, and to George Haven Putnam, the head of the firm +which still bears the name of his honored father, authors the world over +owe in great measure the progress which has been made in America toward a +higher ideal for the protection of authors' rights.</p> + +<p class="sidenote">Copyright evolution</p> + +<p>It may be noted that while throughout the British Empire English +precedent is naturally followed, the more restrictive American copyright +system has unfortunately influenced legislation in Canada and +Newfoundland, and in Australia. France, open-handed to authors of other +countries, has afforded precedent for the widest international protection +and for the international term; while Spain, with the longest term and +most liberal arrangements otherwise, has been followed largely by Latin +American countries. The International Copyright Union has reached in the +Berlin convention almost the ideal of copyright legislation, and this has +been closely followed in the Buenos Aires convention of the Pan American +Union. The world over, there seems to have been a general evolution of +copyright protection from the rude and imperfect recognition of +intellectual property as cognate to other property, for a term indefinite +and in a sense perpetual, almost impossible of enforcement in the lack of +statutory protection and penalties. Systems of legislation, at first of +very limited term and of restricted scope, have led up to the +comprehensive codes giving wide and definite protection for all classes of +intellectual property for a term of years extending beyond life, with the +least possible formalities compatible with the necessities of legal +procedure. Unfortunately in the United States of America the forward +movement which produced the "international copyright amendment" of 1891 +and the code of 1909, conspicuously excellent despite defects of detail, +was in some measure offset by retrogression, as in the manufacturing +restrictions. Until this policy, which still remains a blot on the +'scutcheon, is abandoned, as the friends of copyright hope may ultimately +be the case, the United States of America cannot enter on even terms the +family of nations and become part of the United States of the world.</p> + +<p class="quotesig"><span class="smcap">R. R. Bowker.</span></p> + +<p>December, 1911.</p> + +<p><span class="smcap">Postscript.</span> Since this book has been passing +through the press, Cuba has been added to the countries in reciprocal +relations with the United States with respect to mechanical music by the +President's proclamation of November 27, 1911; Russia has made with France +its first copyright treaty, in conformity with the new Russian code of +1911; and the new British code, referred to on p. 33, having passed the +House of Commons August 17, passed the House of Lords December 6, and +after concurrence by the House of Commons in minor amendments, mostly +verbal, became law by Crown approval, December 16, 1911, as noted on p. +374. The text of the act in the appendix follows the official text as it +now stands on the English statute books; the summary (pp. 374-80) +describes the act as it became law—and the earlier references are in +accordance therewith, with a few exceptions. These exceptions mostly +concern immaterial changes, made in the House of Lords. Within January, +1912, Brazil has adopted a new measure for international copyright, and a +treaty has been signed between the United States and Hungary, the +twenty-fifth nation in reciprocal relations with this country.</p> + +<h3 class="p4"><a name="conspectus"></a>CONSPECTUS OF COPYRIGHT BY +COUNTRIES</h3> + +<p class="p2">Under the names of countries are given dates of the basic +and latest amendatory laws. International relations are shown by the name +in <span class="smcap">small caps</span> of the convention city when a +country is a party to the International Copyright Union or the Pan +American conventions, and by the names of countries with which there are +specific treaties, excepting those within the union or conventions. The +general term of duration is entered, without specification of special +terms for specific classes. Places of registration and deposit are +indicated by R and D when these are not the same. The number of copies +required and in some cases period after publication within which deposit +is required are given in parentheses. Notice of copyright or of +reservation is indicated. Special exceptions or conditions are noted so +far as practicable under remarks. An asterisk indicates that specific +exceptions exist.</p> + +<p>The International Copyright Union includes (A) under the Berlin +convention, 1908 (a) without reservation Germany, Belgium, Luxemburg, +Switzerland, Spain, Monaco, Liberia, Haiti, Portugal, and (b) with +reservation France, Norway, Tunis, Japan; (B) under the Berne convention, +1886, and the Paris additional act and interpretative declaration, 1896, +Denmark, Italy; (C) under the Berne convention, 1886, and the Paris +additional act, 1896, Great Britain; (D) under the Berne convention, 1886, +and the Paris interpretative declaration, 1896, Sweden. The Pan American +conventions agreed on at Mexico City, 1902, Rio de Janeiro, 1906, and +Buenos Aires, 1910, have not been ratified except that of Mexico by the +United States and by Costa Rica, Guatemala, Honduras, Nicaragua, Salvador, +and doubtfully by Cuba and Dominican Republic; that of Rio by a few states +insufficient to make it anywhere operative; and that of Buenos Aires by +the United States. The South American convention of Montevideo, 1889, has +been accepted by Argentina, Paraguay and Uruguay, Peru and Bolivia, and +has the adherence (in relation with Argentina and Paraguay only) of +Belgium, France, Italy and Spain. The five Central American states have a +mutual convention through their Washington treaty of peace of 1907.</p> + +<table summary="Conspectus"> + +<tr><td colspan="6"><hr /></td></tr> + +<tr><td class="centerc">Countries<br />Dates of laws</td> +<td class="centerc">International<br />relations</td> +<td class="centerc">Duration</td> +<td class="centerc">Registration<br />and Deposit</td> +<td class="centerc">Notice</td> +<td class="centerc">Remarks</td> +</tr> + +<tr><td colspan="6"><hr /></td></tr> + +<tr><td class="tsidenote" colspan="6">North America:<br />English</td></tr> + +<tr><td class="left" colspan="5"><b>North America</b><br /> +(<span class="smcap">English-speaking</span>)</td> +</tr> + +<tr><td class="left">United States<br />1909</td> +<td class="left"><span class="smcap">Mexico</span>, <span class="smcap">B. +Aires</span>,<br />Gt. Brit., Belg., China, Den., Fr., Ger., It., Jap., +Lux., Nor., Sp., Swe., Switz., Aust., Hol., Port., Chile, Costa R., Cuba, +Mex.</td> +<td class="left">28 + 28</td> +<td class="left">Library of Congress (2 "promptly")</td> +<td class="left">"Copyright, <span +style="white-space:nowrap;">19—,</span> by A. B." or statutory +equivalent</td> +<td class="left">Manufacture within U. S. for books, etc.</td></tr> + +<tr><td class="left">Canada<br />1875-1908<br />[1912 ?]</td> +<td class="left"><i>See</i> Gt. Brit.* (Aus.-Hung. excepted)</td> +<td class="left">28 + 14</td> +<td class="left">Dept. of Agriculture: Copyright Branch (3)</td> +<td class="left">"Copyright, Canada <span +style="white-space:nowrap;">19—,</span> by A. B." or signature of +artist</td> +<td class="left">Printing and publ. within Canada.*</td></tr> + +<tr><td class="left">Newfoundland<br />1890-1899</td> +<td class="left"><i>See</i> Gt. Brit.</td> +<td class="left">28 + 14</td> +<td class="left">Colonial Sec. (2)</td> +<td class="left">"Entered, Newf.... by A. B." etc. or signature of +artist</td> +<td class="left">Printing and publ. within Newf.*</td></tr> + +<tr><td class="left">Canal Zone (U. S.)</td><td +class="left"><i>See</i> U. S.</td></tr> + +<tr><td class="left">Porto Rico (U. S.)</td><td +class="left"><i>See</i> U. S.</td></tr> + +<tr><td class="left">Jamaica (Br.)<br />1887</td> +<td class="left"><i>See</i> Gt. Brit.</td> +<td class="left">Life + 7 or 42* </td> +<td class="left">(3 or 1* within mo.)</td> +<td class="left">None</td></tr> + +<tr><td class="left">Trinidad (Br.)<br />1888</td> +<td class="left"><i>See</i> Gt. Brit.</td> +<td class="left">Life + 7 or 42*</td> +<td class="left">Registrar of copyright (3 within mo.)</td> +<td class="left">None</td></tr> + +<tr><td class="tsidenote" colspan="6">Europe:<br />English</td></tr> + +<tr><td class="left" colspan="6"><b>Europe</b></td></tr> + +<tr><td class="left">Great Britain & Ireland<br />D 1842-1906<br />I +1844-1886<br /><br />[1911]</td> +<td class="left"><span class="smcap">Berne-Paris</span> A<br />U. S., +Aus.-Hung.*</td> +<td class="left">Life + 7 or 42*<br /> [Life + 50*]</td> +<td class="left">R Stationers Hall (before suit)*<br />D British Museum +(1) + 4 library copies (on demand)*</td> +<td class="left">None*<br /><br />[None]<br /><br />[No registration]</td> +<td class="left">First or simultaneous publication<br /><br />[In effect +1912]</td></tr> + +<tr><td class="left">Isle of Man<br />1907</td> +<td class="left"><i>See</i> Gt. Brit.</td></tr> + +<tr><td class="left">Channel Isles</td> +<td class="left"><i>See</i> Gt. Brit.</td></tr> + +<tr><td class="tsidenote" colspan="6">French</td></tr> + +<tr><td class="left">France<br />1793-1910</td> +<td class="left"><span class="smcap">Berlin* Montv.</span>* U. S., +Aus-Hung., Hol., Port., Mont., Roum., Lat. Amer.</td> +<td class="left">Life + 50*</td> +<td class="left">D Ministry of Interior or prefecture (2 before +suit)*</td> +<td class="left" colspan="2">None</td> +</tr> + +<tr><td class="left">Belgium<br />1886</td> +<td class="left"><span class="smcap">Berlin, Montv.</span>*<br /> +U. S., Aus., Hol., Port., Roum., Mex.</td> +<td class="left">Life + 50</td><td class="left">None*</td> +<td class="left">None*</td></tr> + +<tr><td class="left">Luxemburg<br />1898</td> +<td class="left"><span class="smcap">Berlin</span><br />U. S.</td> +<td class="left">Life + 50*</td><td class="left">None*</td> +<td class="left">None*<br />(res. playr.)</td></tr> + +<tr><td class="left">Holland<br />1881<br />[1912?]</td> +<td class="left">U. S., Belg., Fr.</td><td class="left">50 or +life*</td> +<td class="left">Dept. of Justice (2 within mo.)</td> +<td class="left">None*<br />(res. trans. playr.)</td> +<td class="left">Printing within Holland</td></tr> + +<tr><td class="tsidenote" colspan="6">German</td></tr> + +<tr><td class="left">Germany<br />1901-1910</td> +<td class="left"><span class="smcap">Berlin</span><br />U. S., +Aus.-Hung.</td> +<td class="left">Life + 30*</td><td class="left">None*</td> +<td class="left" colspan="2">None*</td> +</tr> + +<tr><td class="left">Austria<br />1895, 1907</td> +<td class="left">Hung., U. S., Gt. Brit.,* Belg. Den, Fr., Ger., It., +Roum., Swed.</td> +<td class="left">Life + 30*</td><td class="left">None*</td> +<td class="left">None*<br />(res. trans. photos, mus.)</td></tr> + +<tr><td class="left">Hungary<br />1884</td> +<td class="left">Aust., Gt. Brit.,*Fr., Ger., It.</td> +<td class="left">Life + 50*</td><td class="left">None*</td> +<td class="left">None*<br />(res. trans. photos)</td></tr> + +<tr><td class="tsidenote" colspan="6">Scandinavian</td></tr> + +<tr><td class="left">Switzerland<br />1874, 1883</td> +<td class="left"><span class="smcap">Berlin</span><br />U. S.</td> +<td class="left">Life + 30*</td> +<td class="left">R. Office of Intel. Prop. optional*</td> +<td class="left">None*<br />(res. playr.)</td><td></td> +</tr> + +<tr><td class="left">Denmark<br />1865-1911</td> +<td class="left"><span class="smcap">Berne-Paris</span><br />U. S., +Aus.</td> +<td class="left">Life + 50*</td><td class="left">None*</td> +<td class="left">None*<br />(photos,res. music)</td></tr> + +<tr><td class="left">Iceland (Den.)<br />1905</td> +<td class="left" colspan="4"><i>See</i> Denmark</td> +<td class="left">As in Denmark</td></tr> + +<tr><td class="left">Norway<br />1877-1910</td> +<td class="left"><span class="smcap">Berlin</span>*<br />U. S.</td> +<td class="left">Life + 50*</td><td class="left">None*</td> +<td class="left">None*<br />(photos, res. music)</td></tr> + +<tr><td class="left">Sweden<br />1897-1908</td> +<td class="left"><span class="smcap">Berne-Paris</span> D<br />U. S., +Aus.</td> +<td class="left">Life + 50*</td><td class="left">None</td> +<td class="left">None*<br />(photos, res. playr.)</td></tr> + +<tr><td class="tsidenote" colspan="6">Russian</td></tr> + +<tr><td class="left">Russia<br />1911</td> +<td class="left">France</td><td class="left" colspan="2">Life + 50*</td> +<td class="left">None*<br />(photos,res. trans.mus.)</td> +</tr> + +<tr><td class="left">Finland<br />1880</td><td class="left">None</td> +<td class="left">Life + 50*</td><td class="left">None*</td> +<td class="left">None*</td></tr> + +<tr><td class="tsidenote" colspan="6">Southern</td></tr> + +<tr><td class="left">Spain<br />1879-1896</td> +<td class="left"><span class="smcap">Berlin, Montv.</span>*<br /> +U. S., Port., Lat. Amer.</td> +<td class="left">Life + 80*</td> +<td class="left">Register of Intel. Prop. (3 within one year*)</td> +<td class="left">None*</td><td class="left">Special provisions</td> +</tr> + +<tr><td class="left">Portugal<br />1867, 1886</td> +<td class="left"><span class="smcap">Berlin</span><br />U. S., It., +Sp., Bra.</td> +<td class="left">Life + 50*</td> +<td class="left">Pub. Lib.* (2 before pub.)</td> +<td class="left">None</td></tr> + +<tr><td class="left">Italy<br />1882, 1889, 1910</td> +<td class="left"><span class="smcap">Berne-Paris</span> <span +class="smcap">Montv.</span>*<br />U. S., Aus.-Hung., Mont., Port., +Roum., San. Mar., Lat. Amer.</td> +<td class="left">Life or 40* + 40*</td> +<td class="left">Prefecture (3 within 3 months)*</td> +<td class="left">None*<br />(res. trans.)</td> +<td class="left">Added 40 yrs. on royalty of 5 p. c.</td></tr> + +<tr><td class="tsidenote" colspan="6">Europe:<br />Minor<br />States</td></tr> + +<tr><td class="left">San Marino</td><td class="left"><i>See</i> Italy</td> +<td colspan="3"> </td><td class="left">As in Italy</td> +</tr> + +<tr><td class="left">Monaco<br />1889, 1896</td> +<td class="left"><span class="smcap">Berlin</span></td> +<td class="left">Life + 50*</td><td class="left">None</td> +<td class="left">None*</td></tr> + +<tr><td class="left">Greece<br />1833-1910</td> +<td class="left">None</td><td class="left">15 + *</td> +<td class="left">D (4 within10 days*)</td></tr> + +<tr><td class="left">Malta, Cyprus, etc. (Br.)</td> +<td class="left"><i>See</i> Gt. Brit.</td> +<td class="left">Life + 7 or 42*</td> +<td class="left">D (3 within mo.)</td></tr> + +<tr><td class="tsidenote" colspan="6">Balkan<br />States</td></tr> + +<tr><td class="left">Montenegro</td> +<td class="left" colspan="4">Fr., It.</td> +<td class="left">Uncertain protection</td> +</tr> + +<tr><td class="left" colspan="5">Bulgaria<br />1896?</td> +<td class="left">Uncertain protection</td></tr> + +<tr><td class="left" colspan="5">Servia</td> +<td class="left">No protection</td></tr> + +<tr><td class="left">Roumania<br />1862-1904</td> +<td class="left">Aus., Belg., Fr., It.</td> +<td class="left">Life + 10</td> +<td class="left">R. Min. of Instruc.</td></tr> + +<tr><td class="left">Turkey<br />1910</td><td class="left">None</td> +<td class="left">Life + 30*</td> +<td class="left">Min. of Pub. Instruc. (3)*</td> +<td class="left">None.</td></tr> + +<tr><td class="tsidenote" colspan="6">Asia</td></tr> + +<tr><td class="left" colspan="6"><b>Asia</b></td></tr> + +<tr><td class="left">Japan<br />1899, 1910</td> +<td class="left"><span class="smcap">Berlin</span>*<br />U. S.,* +China</td> +<td class="left">Life + 30*</td> +<td class="left">R. Ministry of Int. (before suit)</td> +<td class="left">None*</td></tr> + +<tr><td class="left">Korea<br />1908</td> +<td class="left" colspan="4"><i>See</i> Japan</td> +<td class="left">As in Japan</td></tr> + +<tr><td class="left">China<br />1910</td> +<td class="left">U. S.,* Japan</td> +<td class="left">Life + 30*</td> +<td class="left">Ministry of Int. (2)</td></tr> + +<tr><td class="left">Hong Kong (Br.)</td> +<td class="left"><i>See</i> Gt. Brit.</td> +<td class="left">Life + 7 or 42* </td> +<td class="left">D (3 within mo.)</td></tr> + +<tr><td class="left">Philippines (U. S.)</td> +<td class="left"><i>See</i> U. S.</td></tr> + +<tr><td class="left">India, British<br />1847, 1867</td> +<td class="left"><i>See</i> Gt. Brit.</td> +<td class="left">Life + 7 or 42*</td> +<td class="left">D (3 within mo.)</td> +<td class="left">Printer's and publisher's name on work</td></tr> + +<tr><td class="left">Ceylon, etc. (Br.)</td> +<td class="left"><i>See</i> Gt. Brit.</td> +<td class="left">Life + 7 or 42*</td> +<td class="left">D (3 within mo.) (4 within yr.)</td></tr> + +<tr><td class="left">Siam<br />1901</td> +<td class="left">None</td><td class="left">Life + 7 or 42*</td></tr> + +<tr><td class="left">Persia</td><td class="left" colspan="4">None</td> +<td class="left">No protection</td></tr> + +<tr><td class="tsidenote" colspan="6">Africa</td></tr> + +<tr><td class="left" colspan="6"><b>Africa</b></td></tr> + +<tr><td class="left">Egypt</td><td class="left">None</td> +<td class="left" colspan="3">Indefinite</td> +<td class="left">Court protection</td></tr> + +<tr><td class="left">Tunis<br />1889</td> +<td class="left"><span class="smcap">Berlin</span>*</td> +<td class="left" colspan="3">Life + 50*</td> +<td class="left">As in France</td></tr> + +<tr><td class="left">Algeria (Fr.)</td> +<td class="left"><i>See</i> France</td></tr> + +<tr><td class="left">Sierra Leone, etc. (Br.)<br />1887</td> +<td class="left"><i>See</i> Gt. Brit.</td> +<td class="left">Life + 7 or 42*</td> +<td class="left">D (3)*</td></tr> + +<tr><td class="left">Liberia</td> +<td class="left"><span class="smcap">Berlin</span></td> +<td class="left" colspan="3">Indefinite</td> +<td class="left">Without specific law</td></tr> + +<tr><td class="left">Congo Free State</td> +<td class="left" colspan="4">Belg., Fr. (extradition)</td> +<td class="left">Punishes fraud only</td></tr> + +<tr><td class="left">So. Africa (Br.)</td> +<td class="left"><i>See</i> Gr. Brit.* Aus.-Hung., excepted</td></tr> + +<tr> +<td class="left" colspan="2"> Cape Colony<br +/> 1873-1895</td> +<td class="left">Life + 5 or 30*</td> +<td class="left">Registrar of Deeds D (4 within mo.)*</td></tr> + +<tr> +<td class="left" colspan="2"> Natal<br +/> 1895-1898</td> +<td class="left">Life + 7 or 42*</td> +<td class="left">Colonial Sec., D (2 within 3 mos.)*</td></tr> + +<tr> +<td class="left" colspan="2"> Transvaal, etc.<br +/> 1887</td> +<td class="left">50 or life* </td> +<td class="left">Registrator D (3 within 2 mos.)*</td> +<td class="left">Reserv. of playr. and trans.</td> +<td class="left">Printing within colony*</td></tr> + +<tr><td class="tsidenote" colspan="6">America, Latin:<br />Mexico<br +/>Central America</td></tr> + +<tr><td class="left" colspan="6"><b>Latin America</b></td></tr> + +<tr><td class="left">Mexico<br />1871, 1884</td> +<td class="left">U. S., Dom. Rep., Ecu., Belg., Fr., It., Sp.</td> +<td class="left">Perpetuity*</td> +<td class="left">R. Min. Pub. Instruc. D (2)*</td> +<td class="left">None*<br />(res. trans.)</td></tr> + +<tr><td class="left">Costa Rica<br />1880-1896</td> +<td class="left"><span class="smcap">Mexico</span><br />U. S., Sp., +Fr. Guat., Sal., Hon.</td> +<td class="left">Life + 50*</td> +<td class="left">Office of Pub. Libs. (3)* within yr.*</td> +<td class="left">None</td></tr> + +<tr><td class="left">Guatemala<br />1879</td> +<td class="left"><span class="smcap">Mexico</span><br />Sp., Fr., Costa +R.</td> +<td class="left">Perpetuity</td> +<td class="left">Min. of Pub. Educ. (4)*</td> +<td class="left">(res. trans.)</td></tr> + +<tr><td class="left">Honduras<br />1894, 1898</td> +<td class="left"><span class="smcap">Mexico</span><br />Costa R.</td> +<td class="left" colspan="3">Indefinite</td> +<td class="left">No specific law</td></tr> + +<tr><td class="left">Nicaragua<br />1904</td> +<td class="left"><span class="smcap">Mexico</span><br />It.</td> +<td class="left">Perpetuity*</td> +<td class="left">Min. of Agric. (6*)</td> +<td class="left">(res. trans.)</td></tr> + +<tr><td class="left">Salvador<br />1886, 1900</td> +<td class="left"><span class="smcap">Mexico</span><br />Sp., Fr., Costa +R.</td> +<td class="left">Life + 25*</td> +<td class="left">D Min. of Agric. (1 before pub.)</td> +<td class="left">None</td><td class="left">Publication within +country</td></tr> + +<tr><td class="left">Panama<br />1904</td><td class="left">None</td> +<td class="left" colspan="3">Life + 80</td> +<td class="left">As in Colombia</td></tr> + +<tr><td class="tsidenote" colspan="6">West Indies</td></tr> + +<tr><td class="left">Cuba<br />1879-1909</td> +<td class="left"><span class="smcap">Mexico?</span><br />U. S., +It.</td> +<td class="left">Life +80*</td> +<td class="left">Dept. of State (3)</td> +<td class="left" colspan="2">None</td></tr> + +<tr><td class="left">Haiti<br />1885</td> +<td class="left"><span class="smcap">Berlin</span></td> +<td class="left">Life + *</td> +<td class="left">D Dept. of Int., (5 within yr.)</td> +<td class="left">None</td></tr> + +<tr><td class="left">Dominican Rep.<br />1896</td> +<td class="left"><span class="smcap">Mexico?</span> Mex.</td> +<td class="left">Uncertain</td></tr> + +<tr><td class="tsidenote" colspan="6">South America</td></tr> + +<tr><td class="left">Brazil<br />1891-1901</td> +<td class="left">Portugal</td> +<td class="left">50* from the 1st Jan. of yr. of pub.</td> +<td class="left">Nat. Lib. (1 within 2 yrs.)</td> +<td class="left">None*<br />(res. playr.)</td></tr> + +<tr><td class="left">Argentina<br />1910</td> +<td class="left"><span class="smcap">Montevideo</span><br />Belg., Sp., +Fr., It.</td> +<td class="left">Life + 10* </td> +<td class="left">Nat. Lib. (2 within 15 or 30 days)</td> +<td class="left">None*</td></tr> + +<tr><td class="left">Uruguay<br />1868</td> +<td class="left"><span class="smcap">Montevideo</span></td> +<td class="left" colspan="3">Indefinite</td> +<td class="left">No specific law</td></tr> + +<tr><td class="left">Paraguay<br />1870, 1881, 1910</td> +<td class="left" colspan="2"><span class="smcap">Montevideo</span><br /> +Belg., Sp., Fr., It.</td> +<td class="left">Public registries</td> +<td class="left">Under penal code</td></tr> + +<tr><td class="left">Chile<br />1833-1874</td> +<td class="left">U. S.</td><td class="left">Life + 5*</td> +<td class="left">D Nat. Pub. Lib. (3)* </td><td class="left">None</td> +</tr> + +<tr><td class="left">Peru<br />1849, 1860</td> +<td class="left"><span class="smcap">Montevideo</span></td> +<td class="left">Life + 20*</td> +<td class="left">D Pub. Lib. (1) + Dept. Pref. (1)</td> +<td class="left">None</td></tr> + +<tr><td class="left">Bolivia<br />1834, 1909</td> +<td class="left"><span class="smcap">Montevideo</span><br />Fr.</td> +<td class="left">Life + 30* </td> +<td class="left">R Min. of Pub. Instruc. D Pub. Lib. (1 within yr.)</td> +</tr> + +<tr><td class="left">Ecuador,<br />1884, 1887</td> +<td class="left">Sp., Fr., Mex.</td> +<td class="left">Life + 50*</td> +<td class="left">Min. of Pub. Educ. (3 within 6 mos.)*</td> +<td class="left">None*<br />(res. playr.)</td></tr> + +<tr><td class="left">Colombia<br />1886, 1890</td> +<td class="left">Sp., It.</td> +<td class="left">Life + 80*</td> +<td class="left">Min. of Pub. Educ. (3 within yr.)* </td> +<td class="left">None</td></tr> + +<tr><td class="left">Venezuela<br />1894, 1897</td> +<td class="left">None.</td> +<td class="left">Perpetuity</td> +<td class="left">Registry (6)</td> +<td class="left">Notice of patent</td></tr> + +<tr><td class="tsidenote" colspan="6">Australasia</td></tr> + +<tr><td class="left" colspan="6"><b>Australasia</b></td></tr> + +<tr><td class="left">Australia (Br.)<br />1905</td> +<td class="left"><i>See</i> Gt. Brit.* Aus.-Hung. excepted</td> +<td class="left">Life + 7 or 42*</td> +<td class="left">Commonwealth Copyr. Office D (2)</td> +<td class="left">Reserv. performing right</td></tr> + +<tr><td class="left">New Zealand (Br.)<br />1842-1903</td> +<td class="left"><i>See</i> Gt. Brit.</td> +<td class="left">28 or life*</td> +<td class="left">R Registrar of Coprs.* D libr. of Gen. Assem. (for plays +only)</td></tr> + +<tr><td class="left">Hawaii (U. S.)</td> +<td class="left"><i>See</i> U. S.</td></tr> + +<tr><td colspan="6"><hr /></td></tr> + +</table> + +<table summary="Table of Contents" class="p4"> + +<tr><th colspan="3">CONTENTS</th></tr> + +<tr><td class="center2" colspan="3">PART I</td></tr> + +<tr><td class="center" colspan="3"><span class="smcap">Nature and +Development of Copyright</span></td></tr> + +<tr><td class="right">I.</td> +<td class="left"><span class="smcap">The Nature and Origin of +Copyright</span></td><td class="right">1-7</td></tr> + +<tr><td></td> +<td class="just" colspan="2">Copyright meaning, +<a href="#1a">1</a>—Its two senses, +<a href="#1b">1</a>—Blackstone, <a href="#2">2</a>—Property by +creation, <a href="#3">3</a>—Property in unpublished works, +<a href="#4">4</a>—The question of publication, +<a href="#5a">5</a>—Inherent right, <a href="#5b">5</a>—Statutory +penalties, <a href="#6a">6</a>—Statute of Anne, +<a href="#6b">6</a>—Supersedure of common law right, +<a href="#7">7</a>.</td></tr> + +<tr><td class="right">II.</td> +<td class="left"><span class="smcap">The Early History of +Copyright</span></td><td class="right">8-23</td></tr> + +<tr><td></td> +<td class="just" colspan="2">In classic times, +<a href="#8a">8</a>—Roman law, <a href="#8b">8</a>—Monastic +copyists, <a href="#8c">8</a>—St. Columba and Finnian, +<a href="#9a">9</a>—University protection, +<a href="#9b">9</a>—Invention of printing, +<a href="#10a">10</a>—In Germany, <a href="#10b">10</a>—In Italy: +Venice, <a href="#13">13</a>—Florence, +<a href="#17a">17</a>—Control of Church, <a href="#17b">17</a>—In +France, <a href="#17c">17</a>—In England, +<a href="#19">19</a>—The Stationers' Company, +<a href="#21">21</a>—Statutory provisions, +<a href="#22">22</a>.</td></tr> + +<tr><td class="right">III.</td> +<td class="left"><span class="smcap">The Development of +Statutory Copyright in England</span></td><td +class="right">24-34</td></tr> + +<tr><td></td> +<td class="just" colspan="2">The Statute of Anne as +foundation, <a href="#24a">24</a>—Its relations to common law, +<a href="#24b">24</a>—The crucial case, <a href="#25a">25</a>—The +Judges' opinions, <a href="#25b">25</a>—The Lords' decision, +<a href="#26a">26</a>—Protests, +<a href="#26b">26</a>—Supplementary legislation, +<a href="#26c">26</a>—Georgian period, +<a href="#27">27</a>—Legislation under William IV, +<a href="#28a">28</a>—Victorian act of 1842, +<a href="#28b">28</a>—Protection of designs, +<a href="#29a">29</a>—Subsequent acts, +<a href="#29b">29</a>—Royal Commission report of 1878, +<a href="#30">30</a>—Later legislation, +<a href="#31a">31</a>—International copyright, +<a href="#31b">31</a>—Musical copyright, +<a href="#31c">31</a>—Conference reports, 1909, +<a href="#32a">32</a>—Act of 1911, <a href="#32b">32</a>—Design +patents, <a href="#33">33</a>—Common law rights, +<a href="#34">34</a>.</td></tr> + +<tr><td class="right">IV.</td> +<td class="left"><span class="smcap">The History of Copyright +in the United States</span></td><td class="right">35-41</td></tr> + +<tr><td></td> +<td class="just" colspan="2">Constitutional provision, +<a href="#35a">35</a>—Early state legislation, +<a href="#35b">35</a>—Act of 1790, +<a href="#35c">35</a>—1802-1867, <a href="#36">36</a>—Revised act +of 1870, <a href="#37a">37</a>—1874-1882, +<a href="#37b">37</a>—International copyright legislation, 1891, +<a href="#37c">37</a>—Private copyright acts, +<a href="#38a">38</a>—American possessions, +<a href="#38b">38</a>—American code of 1909, +<a href="#39a">39</a>—State protection of playright, +<a href="#39b">39</a>—Trade-Mark act, +<a href="#40a">40</a>—Common law relations, +<a href="#40b">40</a>.</td></tr> + +<tr><td class="center2" colspan="3">PART II</td></tr> + +<tr><td class="center" colspan="3"><span class="smcap">Literary and +General Copyright</span></td></tr> + +<tr><td class="right">V.</td> +<td class="left"><span class="smcap">Scope of Copyright: +Rights and Extent</span></td><td class="right">42-62</td></tr> + +<tr><td></td> +<td class="just" colspan="2">General scope, +<a href="#42a">42</a>—American provisions, +<a href="#42b">42</a>—Oral addresses, +<a href="#42c">42</a>—Dramas, <a href="#42d"></a>42—Music, +<a href="#43a">43</a>—Previous American law, +<a href="#43b">43</a>—Unpublished works, +<a href="#43c">43</a>—Common law scope, +<a href="#44a">44</a>—Common law in U. S. practice, +<a href="#44b">44</a>—Statutory limitations, +<a href="#44c">44</a>—General rights, +<a href="#45">45</a>—Inferential rights, +<a href="#46a">46</a>—Differentiated rights, +<a href="#46b">46</a>—Court protection, +<a href="#46c">46</a>—Division of rights, +<a href="#46d">46</a>—Analysis of property rights, +<a href="#47">47</a>—Broad interpretation, +<a href="#48a">48</a>—Limits of protection, +<a href="#48b">48</a>—Differentiated contracts, +<a href="#48c">48</a>—Enforcement in limited grants, +<a href="#49">49</a>—Copyright as monopoly, +<a href="#50">50</a>—Altered theory of copyright, +<a href="#52a">52</a>—Publishing, <a href="#52b">52</a>—What +constitutes publishing, <a href="#53a">53</a>—"Privately printed" +works, <a href="#53b">53</a>—Copying, +<a href="#53c">53</a>—Vending, <a href="#54a">54</a>—Control of +sale, <a href="#54b">54</a>—Macy cases, +<a href="#55">55</a>—Bobbs-Merrill case, +<a href="#56a">56</a>—Scribner case, +<a href="#56b">56</a>—English underselling case, +<a href="#57a">57</a>—Suits under state law, +<a href="#57b">57</a>—Translating, <a href="#58a">58</a>—"Other +version," <a href="#58b">58</a>—Translating term, +<a href="#58c">58</a>—Oral delivery, +<a href="#59a">59</a>—"Publicly and for profit," +<a href="#59b">59</a>—Material and immaterial property, +<a href="#60">60</a>—Schemes not copyrightable, +<a href="#61a">61</a>—New British code, +<a href="#61b">61</a>—Foreign statutes, +<a href="#62a">62</a>—International provisions, +<a href="#62b">62</a>.</td></tr> + +<tr><td class="right">VI.</td> +<td class="left"><span class="smcap">Subject-Matter of +Copyright: What may be Copyrighted</span></td><td +class="right">63-94</td></tr> + +<tr><td></td> +<td class="just" colspan="2">Subject-matter in general, +<a href="#63a">63</a>—Classification, +<a href="#63b">63</a>—Prints and labels excluded, +<a href="#64a">64</a>—All the writings of an author, +<a href="#64b">64</a>—Component parts, +<a href="#64c">64</a>—Compilations, new editions, etc., +<a href="#64d">64</a>—Non-copyrightable works, +<a href="#65a">65</a>—Government use, +<a href="#65b">65</a>—"Author" and "writing" definitions, +<a href="#66a">66</a>—Interpretation by Congress and courts, +<a href="#66b">66</a>—Supreme Court decisions, +<a href="#67">67</a>—Originality and merit, +<a href="#68a">68</a>—"Book" definitions, +<a href="#68b">68</a>—Blank books, +<a href="#72">72</a>—Combinations and arrangements, +<a href="#73a">73</a>—Advertisements, <a href="#73b">73</a>—New +editions, <a href="#75">75</a>—Copyright comprehensive, +<a href="#76a">76</a>—Non-copyrightable parts excepted, +<a href="#76b">76</a>—Book illustrations, +<a href="#77a">77</a>—Translations, +<a href="#77b">77</a>—Translator's rights, +<a href="#78">78</a>—English practice, +<a href="#79a">79</a>—Translations in international relations, +<a href="#79b">79</a>—Foreign translators, +<a href="#79c">79</a>—Abridgments, +<a href="#80">80</a>—Compilations, +<a href="#81a">81</a>—Collections, <a href="#81b">81</a>—Titles, +<a href="#82a">82</a>—Changed titles, +<a href="#82b">82</a>—Titles as trade-marks, +<a href="#83">83</a>—"Chatterbox" cases, +<a href="#84">84</a>—Projected titles, +<a href="#85">85</a>—Projected works not copyrightable, +<a href="#86a">86</a>—Immoral works, +<a href="#86b">86</a>—Periodicals, +<a href="#87a">87</a>—Definition of periodicals, +<a href="#87b">87</a>—Periodicals under manufacturing clause, +<a href="#88a">88</a>—Periodicals copyrightable by numbers, +<a href="#88b">88</a>—News, <a href="#89">89</a>—British +periodicals, <a href="#90a">90</a>—Oral works, +<a href="#90b">90</a>—Newspaper reports, +<a href="#91a">91</a>—Lectures in England, +<a href="#91b">91</a>—Letters, <a href="#91c">91</a>—Designs +patentable, <a href="#93">93</a>—Foreign practice, +<a href="#94a">94</a>—International definition, +<a href="#94b">94</a>.</td></tr> + +<tr><td class="right">VII.</td> +<td class="left"><span class="smcap">Ownership of Copyright: +Who may secure Copyright</span></td><td class="right"><span +style="white-space:nowrap;">95-113</span></td></tr> + +<tr><td></td> +<td class="just" colspan="2">Persons named, +<a href="#95a">95</a>—The author primarily, +<a href="#95b">95</a>—Claimant's right to register, +<a href="#96">96</a>—Employer as author, +<a href="#97">97</a>—Implied ownership, +<a href="#98a">98</a>—Protection outside of copyright, +<a href="#98b">98</a>—Work in cyclopædias, +<a href="#99">99</a>—Association of author's name, +<a href="#100a">100</a>—Added material and alteration, +<a href="#100b">100</a>—Separate registration of contributions, +<a href="#100c">100</a>—Anonymous works, +<a href="#101a">101</a>—Joint authorship, +<a href="#101b">101</a>—Corporate bodies, +<a href="#102a">102</a>—Posthumous works, +<a href="#102b">102</a>—Peary cases, +<a href="#102c">102</a>—Renewal rights, +<a href="#104a">104</a>—Assignments, +<a href="#104b">104</a>—Assignment record, +<a href="#105a">105</a>—Substitution of name, +<a href="#105b">105</a>—Witnesses, +<a href="#106a">106</a>—"Outrights" and renewal, +<a href="#106b">106</a>—Proof of proprietorship, +<a href="#107a">107</a>—Foreign citizens, +<a href="#107b">107</a>—Earlier provisions, +<a href="#108a">108</a>—Residence, +<a href="#108b">108</a>—Intending citizens, +<a href="#109a">109</a>—Time of first publication, +<a href="#109b">109</a>—Non-qualified authors, +<a href="#110">110</a>—Foreign ownership, +<a href="#111a">111</a>—"Proclaimed" countries, +<a href="#111b">111</a>—Buenos Aires convention, +<a href="#113a">113</a>—New British code, +<a href="#113b">113</a>—Foreign practice, +<a href="#113c">113</a>.</td></tr> + +<tr><td class="right">VIII.</td> +<td class="left"><span class="smcap">Duration of Copyright: +Term and Renewal</span></td><td class="right"><span +style="white-space:nowrap;">114-124</span></td></tr> + +<tr><td></td> +<td class="just" colspan="2">Historic precedent, +<a href="#114a">114</a>—Previous American practice, +<a href="#114b">114</a>—Term in code of 1909, +<a href="#115a">115</a>—Renewal, +<a href="#115b">115</a>—Extension of subsisting copyrights, +<a href="#116a">116</a>—Assignee of unpublished manuscripts, +<a href="#116b">116</a>—Extension of subsisting renewals, +<a href="#117a">117</a>—Publishers' equities, +<a href="#117b">117</a>—Estoppel of renewal, +<a href="#118a">118</a>—Life term and beyond, +<a href="#118b">118</a>—Unpublished works, +<a href="#119a">119</a>—Publication as date of copyright, +<a href="#119b">119</a>—Serial publication, +<a href="#120a">120</a>—Joint authorship, +<a href="#120b">120</a>—Forfeiture, +<a href="#121a">121</a>—Abandonment, <a href="#121b">121</a>—In +England, <a href="#121c">121</a>—New British code, +<a href="#122">122</a>—Perpetual copyright, +<a href="#123">123</a>—Other countries, +<a href="#124a">124</a>—International standard term, +<a href="#124b">124</a>—Special categories, +<a href="#124c">124</a>.</td></tr> + +<tr><td class="right">IX.</td> +<td class="left"><span class="smcap">Formalities of Copyright: +Publication, Notice, Registration and Deposit</span></td><td +class="right">125-152</td></tr> + +<tr><td></td> +<td class="just" colspan="2">General principles, +<a href="#125a">125</a>—Previous American requirements, +<a href="#125b">125</a>—Present American basis, +<a href="#126a">126</a>—Provisions of 1909, +<a href="#126b">126</a>—Publication, +<a href="#126c">126</a>—Copyright notice, +<a href="#127">127</a>—Previous statutory form, +<a href="#128a">128</a>—Exact phraseology required, +<a href="#128b">128</a>—Name, <a href="#129a">129</a>—Date, +<a href="#129b">129</a>—Accidental omission, +<a href="#130">130</a>—Place of notice, +<a href="#131a">131</a>—One notice sufficient, +<a href="#131b">131</a>—Separate volumes, +<a href="#132">132</a>—Different dates, +<a href="#133a">133</a>—Extraterritorial notice, +<a href="#133b">133</a>—Successive editions, +<a href="#134a">134</a>—False copyright notice, +<a href="#134b">134</a>—<i>Ad interim</i> protection, +<a href="#135a">135</a>—Substitution of name, +<a href="#135b">135</a>—Registration, +<a href="#136a">136</a>—Rules and regulations, +<a href="#136b">136</a>—Application, +<a href="#136c">136</a>—Certificate, +<a href="#136d">136</a>—Application requirements, +<a href="#137">137</a>—Illustrations, +<a href="#138a">138</a>—Periodicals, +<a href="#138b">138</a>—Application cards, +<a href="#139">139</a>—Certificate cards, +<a href="#140">140</a>—Fees, <a href="#141">141</a>—Deposit, +<a href="#142">142</a>—Fragment not depositable, +<a href="#143a">143</a>—Typewriting publication and deposit, +<a href="#143b">143</a>—Legal provisions, +<a href="#143c">143</a>—Failure to deposit, +<a href="#144a">144</a>—Forfeiture by false affidavit, +<a href="#144b">144</a>—Works not reproduced, +<a href="#144c">144</a>—Second registration, +<a href="#145a">145</a>—Free transportation in mail, +<a href="#145b">145</a>—Loss in mail, +<a href="#145c">145</a>—Foreign works, +<a href="#146a">146</a>—<i>Ad interim</i> deposit, +<a href="#146b">146</a>—Completion of <i>ad interim</i> copyright, +<a href="#147">147</a>—Omission of copyright notice, +<a href="#148a">148</a>—Books only <i>ad interim</i>, +<a href="#148b">148</a>—Exact conformity required, +<a href="#149">149</a>—Expunging from registry, +<a href="#150a">150</a>—British formalities, +<a href="#150b">150</a>—New British code, +<a href="#151a">151</a>—Other countries, +<a href="#151b">151</a>—International provisions, +<a href="#152">152</a>.</td></tr> + +<tr><td class="right">X.</td> +<td class="left"><span class="smcap">The American +Manufacturing Provisions</span></td><td class="right">153-161</td></tr> + +<tr><td></td> +<td class="just" colspan="2">Manufacturing provision of 1891, +<a href="#153a">153</a>—Text in 1909 code, +<a href="#153b">153</a>—Scope and exceptions, +<a href="#154a">154</a>—Changes, 1891-1909, +<a href="#154b">154</a>—German-American instances, +<a href="#155a">155</a>—Dramas excepted, +<a href="#155b">155</a>—Exception of foreign original texts, +<a href="#156a">156</a>—Exception of foreign illustrative subjects, +<a href="#156b">156</a>—Affidavit requirement, +<a href="#156c">156</a>—Avoidance of errors, +<a href="#157">157</a>—Forfeiture by false affidavit, +<a href="#158a">158</a>—Exact compliance necessary, +<a href="#158b">158</a>—Importation questions, +<a href="#159">159</a>—Foreign manufacturing provisions, +<a href="#160">160</a>—English patent proviso, +<a href="#161">161</a>.</td></tr> + +<tr><td class="center2" colspan="3">PART III</td></tr> + +<tr><td class="center" colspan="3"><span class="smcap">Dramatic, Musical +and Artistic Copyright</span></td></tr> + +<tr><td class="right">XI.</td> +<td class="left"><span class="smcap">Dramatic and Musical +Copyright, Including Playright</span></td><td +class="right">162-201</td></tr> + +<tr><td></td> +<td class="just" colspan="2">Dramatists' and composers' +rights, <a href="#162a">162</a>—American provisions, +<a href="#162b">162</a>—Rights assured, +<a href="#163a">163</a>—Dramatic rights, +<a href="#163b">163</a>—Musical rights, +<a href="#164a">164</a>—Excepted performance, +<a href="#164b">164</a>—Performance "for profit," +<a href="#165">165</a>—Works not reproduced, +<a href="#166a">166</a>—Copyright notice, +<a href="#166b">166</a>—Dramatico-musical works protected from +mechanical reproduction, <a href="#166c">166</a>—Dramatic and +musical works excepted from manufacturing provisions, +<a href="#167">167</a>—British colonial practice, +<a href="#168a">168</a>—Entry under proper class, +<a href="#168b">168</a>—Application and certificates, +<a href="#168c">168</a>—Right of dramatization, +<a href="#169a">169</a>—Dramatization term, +<a href="#169b">169</a>—Musical arrangements, +<a href="#169c">169</a>—Transposition, +<a href="#170a">170</a>—Works in the public domain, +<a href="#170b">170</a>—Dramatization right protected, +<a href="#170c">170</a>—English law and practice, +<a href="#171">171</a>—Infringement cases, +<a href="#172">172</a>—Substantial quotations, +<a href="#173">173</a>—Specific scenes or situations, +<a href="#174a">174</a>—What is a dramatic composition, +<a href="#174b">174</a>—Judge Blatchford's opinion, +<a href="#175a">175</a>—Judicial definitions, +<a href="#175b">175</a>—Moving pictures, +<a href="#176">176</a>—Literary merit not requisite, +<a href="#177a">177</a>—What is a dramatico-musical composition, +<a href="#177b">177</a>—Protection of playright, +<a href="#178">178</a>—Protection of unpublished work, +<a href="#179">179</a>—Indeterminate protection, +<a href="#180a">180</a>—Printing and performance, +<a href="#180b">180</a>—Specific English provisions, +<a href="#182">182</a>—Publication prior to performance, +<a href="#183">183</a>—British international protection, +<a href="#184">184</a>—What is public performance, +<a href="#185">185</a>—Manuscript rights, +<a href="#186">186</a>—Unpublished orchestral score, +<a href="#187">187</a>—Dramatic work by employee, +<a href="#188a">188</a>—Copyright term, +<a href="#188b">188</a>—Registration, +<a href="#189a">189</a>—Assignment, +<a href="#189b">189</a>—Parody, +<a href="#190">190</a>—Infringement by single situation, +<a href="#191a">191</a>—Protection of title, +<a href="#191b">191</a>—Names of characters, +<a href="#192">192</a>—Persons liable for infringement, +<a href="#193">193</a>—Protection against "fly by night" companies, +<a href="#194a">194</a>—State legislation, +<a href="#194b">194</a>—Remedies under present law, +<a href="#195a">195</a>—Musical protection in England, +<a href="#195b">195</a>—Acts of 1902-1906, +<a href="#196">196</a>—Playright in other countries, +<a href="#197a">197</a>—International provisions, +<a href="#197b">197</a>—Foreign protection of arrangements, +<a href="#197c">197</a>—International definitions, +<a href="#198">198</a>—National formalities, +<a href="#199">199</a>—Specific reservations and conditions, +<a href="#200">200</a>—Pan American Union, +<a href="#201">201</a>.</td></tr> + +<tr><td class="right">XII.</td> +<td class="left"><span class="smcap">Mechanical Music +Provisions</span></td><td class="right">202-221</td></tr> + +<tr><td></td> +<td class="just" colspan="2">"Canned music" contest, +<a href="#202a">202</a>—Mechanical music provisos, +<a href="#202b">202</a>—Compulsory license, +<a href="#203a">203</a>—Damages, <a href="#203b">203</a>—Public +performance, <a href="#204a">204</a>—The compromise result, +<a href="#204b">204</a>—Judicial construction, +<a href="#205">205</a>—Punishment of infringement, +<a href="#206a">206</a>—Notice of intention to use, +<a href="#206b">206</a>—Constitutional question, +<a href="#207">207</a>—English law, <a href="#208">208</a>—Berne +situation, 1886, <a href="#209a">209</a>—Paris, 1896, +<a href="#209b">209</a>—Berlin provision, 1908, +<a href="#209c">209</a>—German precedents, +<a href="#210">210</a>—Law of 1910, +<a href="#211">211</a>—Germany and the United States, +<a href="#212a">212</a>—French precedents, +<a href="#212b">212</a>—Belgian precedents, +<a href="#213a">213</a>—Italian precedents, +<a href="#213b">213</a>—Other countries, +<a href="#214a">214</a>—Argument for inclusion, +<a href="#214b">214</a>—Inscribed writings, +<a href="#215">215</a>—Direct sound-writings, +<a href="#216a">216</a>—Music transmissal, +<a href="#216b">216</a>—Music notation, +<a href="#217">217</a>—The law prior to 1909, +<a href="#218a">218</a>—Manuscript and copies, +<a href="#218b">218</a>—Protection of the inventor, +<a href="#219">219</a>—The counter argument, +<a href="#220">220</a>—Complete protection, +<a href="#221">221</a>.</td></tr> + +<tr><td class="right">XIII.</td> +<td class="left"><span class="smcap">Artistic +Copyright</span></td><td class="right">222-250</td></tr> + +<tr><td></td> +<td class="just" colspan="2">Threefold value in art works, +<a href="#222">222</a>—American provisions, +<a href="#223a">223</a>—Copyright Office classification definitions, +<a href="#223b">223</a>—The question of exhibition, +<a href="#224">224</a>—Protection of unpublished work, +<a href="#225a">225</a>—Copyright notice, +<a href="#225b">225</a>—Deposit, <a href="#226">226</a>—Summary +of requirements, <a href="#227">227</a>—Material and immaterial +properties distinct, <a href="#228a">228</a>—Manufacturing clause, +<a href="#228b">228</a>—German post cards, +<a href="#229a">229</a>—Artistic merit, unimportant, +<a href="#229b">229</a>—Application forms, +<a href="#229c">229</a>—Certificates, +<a href="#230a">230</a>—Term in unpublished work, +<a href="#230b">230</a>—Date not required, +<a href="#230c">230</a>—Re-copyright objectionable, +<a href="#231a">231</a>—Exhibition right transfer, +<a href="#231b">231</a>—Early English decision, +<a href="#232">232</a>—The Werckmeister leading case, +<a href="#233">233</a>—Unrestricted exhibition hazardous, +<a href="#234a">234</a>—Reservation on sale, +<a href="#234b">234</a>—Publication construed, +<a href="#234c">234</a>—Danger of forfeiture, +<a href="#235">235</a>—Limited use and license, +<a href="#236">236</a>—Character, not method of use, +<a href="#237a">237</a>—Illustration, +<a href="#237b">237</a>—Description of artistic work, +<a href="#238a">238</a>—Portraits, <a href="#238b">238</a>—Right +of employer, <a href="#239">239</a>—Photographs, +<a href="#240">240</a>—<i>Tableaux vivants</i> and moving pictures, +<a href="#241">241</a>—Architectural works, +<a href="#242">242</a>—Copy of a copy, +<a href="#243a">243</a>—Alterations, +<a href="#243b">243</a>, 244—Remedies, +<a href="#245a">245</a>—Artistic copyright term, +<a href="#245b">245</a>—British practice, +<a href="#246">246</a>—Sculpture provisions, +<a href="#247a">247</a>—Engraving provisions, +<a href="#247b">247</a>—New British code, +<a href="#247c">247</a>—Foreign countries, +<a href="#248a">248</a>—Berne convention, 1886, +<a href="#248b">248</a>—Paris declaration, 1896, +<a href="#249">249</a>—Berlin convention, 1908, +<a href="#250a">250</a>—Exhibition not publication, +<a href="#250b">250</a>—Pan American Union, +<a href="#250c">250</a>.</td></tr> + +<tr><td class="center2" colspan="3">PART IV</td></tr> + +<tr><td class="center" colspan="3"><span class="smcap">Copyright +Protection and Procedure</span></td></tr> + +<tr><td class="right">XIV.</td> +<td class="left"><span class="smcap">Infringement of +Copyright: Piracy, "Fair Use" and "Unfair Competition"</span></td><td +class="right">251-264</td></tr> + +<tr><td></td> +<td class="just" colspan="2">Piracy, +<a href="#251a">251</a>—Test of piracy, +<a href="#251b">251</a>—Infringement in specific meaning, +<a href="#252">252</a>—Questions of fact and intent, +<a href="#253a">253</a>—"Fair use," +<a href="#253b">253</a>—Principle of infringement, +<a href="#254a">254</a>—Infringement by indirect copying, +<a href="#254b">254</a>—Exceptions from infringement, +<a href="#255a">255</a>—Infringement by abridgment and compilation, +<a href="#255b">255</a>—Abridged compilations, +<a href="#256a">256</a>—Separation of infringing parts, +<a href="#256b">256</a>—Law digests, +<a href="#257a">257</a>—Proof from common errors, +<a href="#257b">257</a>—Infringement in part, +<a href="#258a">258</a>—No infringement of piracies or frauds, +<a href="#258b">258</a>—Quotation, +<a href="#259a">259</a>—Private use, +<a href="#259b">259</a>—"Unfair competition," +<a href="#260a">260</a>—Deceptive intent, +<a href="#260b">260</a>—"Chatterbox" cases, +<a href="#261a">261</a>—Encyclopædia Britannica cases, +<a href="#261b">261</a>—Webster Dictionary cases, +<a href="#261c">261</a>—"Old Sleuth" cases, +<a href="#262a">262</a>—Other title decisions, +<a href="#262b">262</a>—Rebound copies, +<a href="#263a">263</a>—Kipling case, +<a href="#263b">263</a>—Burlesqued title, +<a href="#264a">264</a>—Drummond case, +<a href="#264b">264</a>—New British code, +<a href="#264c">264</a>.</td></tr> + +<tr><td class="right">XV.</td> +<td class="left"><span class="smcap">Remedies and +Procedure</span></td><td class="right">265-277</td></tr> + +<tr><td></td> +<td class="just" colspan="2">Protection and procedure, +<a href="#265a">265</a>—Injunction, +<a href="#265b">265</a>—Damages, <a href="#265c">265</a>—One suit +sufficing, <a href="#266a">266</a>—Deposit of infringing articles, +<a href="#266b">266</a>—Remedies specified, +<a href="#267">267</a>—Impounding, +<a href="#268a">268</a>—Supreme court rules, +<a href="#268b">268</a>—Court jurisdiction, +<a href="#268c">268</a>—Limitation, <a href="#269">269</a>—Text +of procedure provisions, <a href="#270a">270</a>—Proceedings united +in one action, <a href="#270b">270</a>—Jurisdiction, +<a href="#270c">270</a>—Injunction provisions, +<a href="#270d">270</a>—Appeal, <a href="#271a">271</a>—No +criminal proceedings, after three years, +<a href="#271b">271</a>—Strict compliance requisite, +<a href="#271c">271</a>—Damage not penalty, +<a href="#272">272</a>—Other procedure decisions, +<a href="#273">273</a>—Preventive action, +<a href="#274a">274</a>—Party in suit, +<a href="#274b">274</a>—Willful case, +<a href="#275a">275</a>—Penal provisions, +<a href="#275b">275</a>—False notice of copyright, +<a href="#276a">276</a>—Allowance of costs, +<a href="#276b">276</a>—New British code, +<a href="#277">277</a>.</td></tr> + +<tr><td class="right">XVI.</td> +<td class="left"><span class="smcap">Importation of +Copyrighted Works</span></td><td class="right">278-296</td></tr> + +<tr><td></td> +<td class="just" colspan="2">Copyright and importation, +<a href="#278a">278</a>—Fundamental right of exclusion, +<a href="#278b">278</a>—General prohibitions, +<a href="#279a">279</a>—Exceptions permitted, +<a href="#279b">279</a>—Text provisions, +<a href="#280a">280</a>—Prohibition of piratical copies, +<a href="#280b">280</a>—Permitted importations, +<a href="#280c">280</a>—Library importations, +<a href="#281">281</a>—Seizure, <a href="#282a">282</a>—Return of +importations, <a href="#282b">282</a>—Rules against unlawful +importation, <a href="#282c">282</a>—Supersedure of previous +provisions, <a href="#283a">283</a>—Manufacturing clause affects +earlier copyrights, <a href="#283b">283</a>—Importation of foreign +texts, <a href="#284">284</a>—Printing within country, +<a href="#285">285</a>—Innocent importation, +<a href="#286a">286</a>—Books not claiming copyright, +<a href="#286b">286</a>—Periodicals, +<a href="#286c">286</a>—Composite books, +<a href="#286d">286</a>—Rebinding abroad, +<a href="#287">287</a>—Importation of non-copyright translation, +<a href="#288a">288</a>—Books dutiable, +<a href="#288b">288</a>—Books on free list, +<a href="#289">289</a>—Library free importation, +<a href="#290">290</a>—Copyrights and the free list, +<a href="#291a">291</a>—The duty on books, +<a href="#291b">291</a>—British prohibition of importation, +<a href="#292">292</a>—Foreign reprints, +<a href="#293a">293</a>—Divided market, +<a href="#293b">293</a>—New British code, +<a href="#293c">293</a>—Canadian practice, +<a href="#294">294</a>—Australian provision, +<a href="#295a">295</a>—Foreign practice, +<a href="#295b">295</a>—International practice, +<a href="#296">296</a>.</td></tr> + +<tr><td class="right">XVII.</td> +<td class="left"><span class="smcap">Copyright Office: Methods +and Practice</span></td><td class="right">297-310</td></tr> + +<tr><td></td> +<td class="just" colspan="2">History of Copyright Office, +<a href="#297a">297</a>—Routine of registration, +<a href="#297b">297</a>—Treatment of deposits, +<a href="#298">298</a>—Destruction of useless material, +<a href="#299a">299</a>—Register of Copyrights, +<a href="#299b">299</a>—Catalogues and indexes, +<a href="#300">300</a>—Entry cards, +<a href="#301">301</a>—Text provisions, +<a href="#302a">302</a>—Copyright records, +<a href="#302b">302</a>—Register and assistant register, +<a href="#302c">302</a>—Deposit and report of fees, +<a href="#302d">302</a>—Bond, <a href="#303a">303</a>—Annual +report, <a href="#303b">303</a>—Seal, +<a href="#303c">303</a>—Rules, <a href="#303d">303</a>—Record +books, <a href="#303e">303</a>—Certificate, +<a href="#303f">303</a>—Receipt for deposits, +<a href="#304a">304</a>—Catalogue and index provision, +<a href="#304b">304</a>—Distribution and subscriptions, +<a href="#305a">305</a>—Records open to inspection, +<a href="#305b">305</a>—Preservation of deposits, +<a href="#305c">305</a>—Disposal of deposits, +<a href="#306">306</a>—Fees, <a href="#307a">307</a>—Only one +registration required, <a href="#307b">307</a>—Present organization, +<a href="#308a">308</a>—Efficiency of methods, +<a href="#308b">308</a>—Registration, 1909-1910, +<a href="#309a">309</a>—Certificates for court use, +<a href="#309b">309</a>—Searches, <a href="#309c">309</a>—Patent +Office registry for labels, <a href="#309d">309</a>—Foreign practice, +<a href="#310">310</a>.</td></tr> + +<tr><td class="center2" colspan="3">PART V</td></tr> + +<tr><td class="center" colspan="3"><span class="smcap">International and +Foreign Copyright</span></td></tr> + +<tr><td class="right">XVIII.</td> +<td class="left"><span class="smcap">International Copyright +Conventions and Arrangements</span></td><td +class="right">311-340</td></tr> + +<tr><td></td> +<td class="just" colspan="2">International protection of +property, <a href="#311a">311</a>—Early copyright protection, +<a href="#311b">311</a>—English protection, +<a href="#311c">311</a>—Effect of Berne convention, +<a href="#313">313</a>—International literary congresses, +<a href="#314a">314</a>—Fundamental proposition, +<a href="#314b">314</a>—Preliminary official conference, 1883, +<a href="#314c">314</a>—Propositions of 1883, +<a href="#315">315</a>—First official conference, 1884, +<a href="#316">316</a>—Second official conference, 1885, +<a href="#317">317</a>—Third official conference, 1886, +<a href="#318a">318</a>—Berne convention, 1886, +<a href="#318b">318</a>—Authors and terms, +<a href="#318c">318</a>—"Literary and artistic works" defined, +<a href="#318d">318</a>—Performing rights, +<a href="#319a">319</a>—Other provisions, +<a href="#319b">319</a>—Final protocol, +<a href="#320a">320</a>—Ratification in 1887, +<a href="#320b">320</a>—Paris conference, 1896, +<a href="#321a">321</a>—Paris Additional Act, +<a href="#321b">321</a>—Paris Interpretative Declaration, +<a href="#322a">322</a>—Ratification in 1897, +<a href="#322b">322</a>—Berlin conference, 1908, +<a href="#323">323</a>—United States' position, +<a href="#324">324</a>—Welcome of non-unionist countries, +<a href="#325a">325</a>—Death of Sir Henry Bergne, +<a href="#325b">325</a>—Berlin convention, 1908, +<a href="#326a">326</a>—"Literary and artistic works" defined, +<a href="#326b">326</a>—Authors' rights, +<a href="#326c">326</a>—"Country of origin," +<a href="#327a">327</a>—Broadened international protection, +<a href="#327b">327</a>—Term, <a href="#328a">328</a>—Performing +rights, <a href="#328b">328</a>—Other provisions, +<a href="#329a">329</a>—National powers reserved, +<a href="#329b">329</a>—Organization provisions, +<a href="#329c">329</a>—Ratification in 1910, +<a href="#330a">330</a>—Official organ, +<a href="#330b">330</a>—Montevideo congress, 1889, +<a href="#331a">331</a>—Pan American conferences, +<a href="#331b">331</a>—Mexico City conference, 1902, +<a href="#332a">332</a>—Mexico convention, 1902, +<a href="#332b">332</a>—Indispensable condition, +<a href="#333a">333</a>—Special provisions, +<a href="#333b">333</a>—Ratification, <a href="#334a">334</a>—Rio +de Janeiro conference, 1906, <a href="#334b">334</a>—Rio provisions, +<a href="#335">335</a>—Ratification, +<a href="#336a">336</a>—Buenos Aires conference and convention, 1910, +<a href="#336b">336</a>—Attorney General's opinion on ratification, +<a href="#337">337</a>—Relation with importation provisions, +<a href="#338">338</a>—United States international relations, +<a href="#339a">339</a>—"Proclaimed" countries, +<a href="#339b">339</a>—Mechanical music reciprocity, +<a href="#340">340</a>.</td></tr> + +<tr><td class="right">XIX.</td> +<td class="left"><span class="smcap">The International +Copyright Movement in America</span></td><td +class="right">341-372</td></tr> + +<tr><td></td> +<td class="just" colspan="2">Initial endeavor in America, +1837, <a href="#341a">341</a>—The British address, +<a href="#341b">341</a>—Henry Clay report, 1837, +<a href="#344a">344</a>—Prophecy of world union, +<a href="#344b">344</a>—Clay bills, 1837-42, +<a href="#346a">346</a>—Palmerston invitation, 1838, +<a href="#346b">346</a>—Efforts, 1840-48, +<a href="#346c">346</a>—Everett treaty, 1853, +<a href="#347">347</a>—Morris bills, 1858-60, +<a href="#348a">348</a>—International Copyright Association, 1868, +<a href="#348b">348</a>—Baldwin bill and report, 1868, +<a href="#348c">348</a>—Clarendon treaty, 1870, +<a href="#349a">349</a>—Cox bill and resolution, 1871, +<a href="#349b">349</a>—The Appleton proposal, 1872, +<a href="#350">350</a>—Philadelphia protest, 1872, +<a href="#351a">351</a>—The Bristed proposal, 1872, +<a href="#351b">351</a>—Kelley resolution, 1872, +<a href="#352a">352</a>—Congressional hearings, +<a href="#352b">352</a>—Beck-Sherman bill, 1872, +<a href="#352c">352</a>—Morrill report, 1873, +<a href="#353a">353</a>—Banning Bill, 1874, +<a href="#353b">353</a>—The Harper proposal and draft, 1878, +<a href="#353c">353</a>—Granville negotiations, 1880, +<a href="#355">355</a>—Robinson and Collins bills, 1882-83, +<a href="#356a">356</a>—American Copyright League, +<a href="#356b">356</a>—Dorsheimer bill, 1884, +<a href="#356c">356</a>—American publishers' sentiment, +<a href="#357">357</a>—Hawley bill, 1885, +<a href="#358a">358</a>—Chace bill, 1886, +<a href="#358b">358</a>—Congressional hearings, 1886, +<a href="#359a">359</a>—Mr. Lowell's epigram, +<a href="#359b">359</a>—President Cleveland's second message, 1886, +<a href="#360a">360</a>—Campaign of 1887, +<a href="#360b">360</a>—Senate passage of Chace bill, 1888, +361,—Bryce bill, 1888, <a href="#361a">361</a>—President +Harrison's message, 1889, <a href="#361b">361</a>—Simonds bill and +report, 1890, <a href="#Page_362">362</a>—Senate debate, 1891, +<a href="#363a">363</a>—Act of March 4, 1891, +<a href="#363b">363</a>—Review of the publishing situation, +<a href="#364">364</a>—Lack of unified policy, +<a href="#365a">365</a>—Compromise of 1891, +<a href="#365b">365</a>—Need of general revision, +<a href="#366a">366</a>—<i>Ad interim</i> copyright act, 1905, +<a href="#366b">366</a>—Copyright conferences, 1905-06, +<a href="#367">367</a>—President Roosevelt's message, 1905, +<a href="#368">368</a>—Congressional hearings, 1906-08, +<a href="#369a">369</a>—Kittredge-Currier reports, 1907, +<a href="#369b">369</a>—Smoot-Currier Kittredge-Barchfeld bills, +1907-08, <a href="#370a">370</a>—Washburn, Sulzer, McCall, Currier +bills, 1908, <a href="#370b">370</a>—Fourth Congressional hearing, +1909, <a href="#371a">371</a>—Act of March 4, 1909, +<a href="#371b">371</a>—Hopes of future progress, +<a href="#372">372</a>.</td></tr> + +<tr><td class="right">XX.</td> +<td class="left"><span class="smcap">Copyright throughout the +British Empire</span></td><td class="right">373-397</td></tr> + +<tr><td></td> +<td class="just" colspan="2">English and American systems, +<a href="#373a">373</a>—First publication and residence, +<a href="#373b">373</a>—Variations in copyright terms, +<a href="#374a">374</a>—New British code, +<a href="#374b">374</a>—Scope and extent, +<a href="#375">375</a>—Publication, +<a href="#376a">376</a>—Definition of copyright, +<a href="#376b">376</a>—Infringement, <a href="#376c">376</a>—Term, +<a href="#377a">377</a>—Ownership, +<a href="#377b">377</a>—Deposit copies, +<a href="#378a">378</a>—Importation, +<a href="#378b">378</a>—Remedies, <a href="#378c">378</a>—General +relations, <a href="#379a">379</a>—Acts repealed, +<a href="#379b">379</a>—Changes from original bill, +<a href="#379c">379</a>—Isle of Man, +<a href="#380">380</a>—Channel Islands, +<a href="#381a">381</a>—International relations, +<a href="#381b">381</a>—Colonial relations, +<a href="#381c">381</a>—Local legislation, +<a href="#382">382</a>—Canadian copyright history, +<a href="#383a">383</a>—Dominion of Canada: early acts, +<a href="#383b">383</a>—Acts of 1875, +<a href="#384">384</a>—License acts disallowed, +<a href="#385a">385</a>—Fisher Act, 1900, +<a href="#385b">385</a>—Minor acts, <a href="#386a">386</a>—Short +form of notice, <a href="#386b">386</a>—Proposed Canadian copyright +code, 1911, <a href="#386c">386</a>—Imperial and Canadian copyright, +<a href="#388a">388</a>—Requisites for domestic copyright, +<a href="#388b">388</a>—Imperial and local protection, +<a href="#388c">388</a>—Additional local protection, +<a href="#389a">389</a>—Application for copyright, +<a href="#389b">389</a>—Newfoundland, +<a href="#390">390</a>—British West Indies, etc., +<a href="#391a">391</a>—Australian code of 1905, +<a href="#391b">391</a>—General provisions, +<a href="#392">392</a>—Dramatic and musical works, +<a href="#393a">393</a>—Performing right, +<a href="#393b">393</a>—Registration and license, +<a href="#394a">394</a>—New Zealand, +<a href="#394b">394</a>—Australasia otherwise, +<a href="#395a">395</a>—British India, +<a href="#395b">395</a>—South Africa, <a href="#396">396</a>—West +coast colonies, <a href="#397a">397</a>—Mediterranean islands, +<a href="#397b">397</a>.</td></tr> + +<tr><td class="right">XXI.</td> +<td class="left"><span class="smcap">Copyright in Other +Countries</span></td><td class="right">398-429</td></tr> + +<tr><td></td> +<td class="just" colspan="2">France, +<a href="#398">398</a>—Belgium, <a href="#400a">400</a>—Luxemburg, +<a href="#400b">400</a>—Holland, +<a href="#401">401</a>—Germany, +<a href="#402">402</a>—Austria-Hungary, +<a href="#405">405</a>—Switzerland, +<a href="#406">406</a>—Scandinavian countries, +<a href="#407">407</a>—Russia, <a href="#409a">409</a>—Finland, +<a href="#409b">409</a>—Spain, <a href="#410">410</a>—Portugal, +<a href="#411">411</a>—Italy, <a href="#412">412</a>—San Marino, +<a href="#413a">413</a>—Monaco, <a href="#413b">413</a>—Greece, +<a href="#414a">414</a>—Montenegro, +<a href="#414b">414</a>—Balkan states, +<a href="#414c">414</a>—Turkey, <a href="#415a">415</a>—Japan, +<a href="#415b">415</a>—Korea, <a href="#416">416</a>—China, +<a href="#417a">417</a>—Siam, <a href="#417b">417</a>—Asia +otherwise, <a href="#418a">418</a>—Tunis, etc., +<a href="#418b">418</a>—Egypt, <a href="#418c">418</a>—Liberia, +<a href="#419a">419</a>—Africa otherwise, +<a href="#419b">419</a>—Latin America, +<a href="#419c">419</a>—Mexico, <a href="#420">420</a>—Central +American states, <a href="#421">421</a>—Interstate and international +relations, <a href="#422">422</a>—Panama, +<a href="#423a">423</a>—Cuba, <a href="#423b">423</a>—Haiti, +<a href="#424a">424</a>—Dominican Republic, +<a href="#424b">424</a>—West Indian colonies, +<a href="#425a">425</a>—Brazil, <a href="#425b">425</a>—Argentina, +<a href="#425c">425</a>—Paraguay and Uruguay, +<a href="#426">426</a>—Chile, <a href="#427a">427</a>—Peru, +<a href="#427b">427</a>—Bolivia, <a href="#427c">427</a>—Ecuador, +<a href="#428">428</a>—Colombia, +<a href="#429a">429</a>—Venezuela, <a href="#429b">429</a>.</td></tr> + +<tr><td class="center2" colspan="3">PART VI</td></tr> + +<tr><td class="center" colspan="3"><span class="smcap">Business Relations +and Literature</span></td></tr> + +<tr><td class="right">XXII.</td> +<td class="left"><span class="smcap">Business Relations of +Copyright: Author and Publisher</span></td><td +class="right">430-452</td></tr> + +<tr><td></td> +<td class="just" colspan="2">Copyrights in business +relations, <a href="#430a">430</a>—German publishing law of 1901, +<a href="#430b">430</a>—The publisher as merchant, +<a href="#434a">434</a>—"Outright" transfer, +<a href="#434b">434</a>—"Joint adventure," +<a href="#435a">435</a>—Risk and profit, +<a href="#435b">435</a>—Long price and "net" price, +<a href="#436a">436</a>—Equities, <a href="#436b">436</a>—The +literary agent, <a href="#436c">436</a>—Usual American contract, +<a href="#437a">437</a>—Publishers' obligations, +<a href="#437b">437</a>—Reversion of contract, +<a href="#438a">438</a>—Scope of contract, +<a href="#438b">438</a>—Other works of author, +<a href="#439a">439</a>—Standard contract, +<a href="#439b">439</a>—Serial rights, +<a href="#439c">439</a>—Republication of periodical articles, +<a href="#440a">440</a>—Foreign markets, +<a href="#440b">440</a>—Contract to do work, +<a href="#440c">440</a>—Contract not to write, +<a href="#441">441</a>—Implied obligations, +<a href="#442a">442</a>—Contract personal and mutual, +<a href="#442b">442</a>—Author's transfer to other publishers, +<a href="#445a">445</a>—Proprietary name, +<a href="#445b">445</a>—Copies remaining unsold, +<a href="#446">446</a>—Renewal term, +<a href="#447a">447</a>—License not assignment, +<a href="#447b">447</a>—Author's and publisher's profits, +<a href="#447c">447</a>—The publisher's share, +<a href="#448">448</a>—"Author's editions," +<a href="#449a">449</a>—Printer's lien, +<a href="#449b">449</a>—Compulsory license system, +<a href="#449c">449</a>—License payments, +<a href="#450">450</a>—Saving through single publisher, +<a href="#451a">451</a>—Copyrights in bankruptcy, +<a href="#451b">451</a>—Copyrights in taxation, +<a href="#452">452</a>.</td></tr> + +<tr><td class="right">XXIII.</td> +<td class="left"><span class="smcap">The Literature of +Copyright</span></td><td class="right">453-462</td></tr> + +<tr><td></td> +<td class="just" colspan="2">Bibliographical materials, +<a href="#453a">453</a>—Early history, +<a href="#453b">453</a>—Early American contributions, +<a href="#454a">454</a>—Later American pamphleteers, +<a href="#454b">454</a>—American treatises, +<a href="#455a">455</a>—Copyright Office publications, +<a href="#455b">455</a>—Labor report, +<a href="#456a">456</a>—English contributions about 1840, +<a href="#456b">456</a>—Later English contributions, +<a href="#457a">457</a>—English legal treatises, +<a href="#457b">457</a>—Birrell's lectures, +<a href="#458a">458</a>—MacGillivray's works, +<a href="#458b">458</a>—English special treatises, +<a href="#459a">459</a>—Parliamentary and Commission reports, +<a href="#459b">459</a>—Cyclopædias and digests, +<a href="#460a">460</a>—French works, +<a href="#460b">460</a>—German works, +<a href="#460c">460</a>—Italian works, +<a href="#461a">461</a>—Spanish compendium, +<a href="#461b">461</a>—International compilations, +<a href="#462">462</a>.</td></tr> +</table> + +<table summary="TOC Appendix"> + +<tr><td class="center2" colspan="4">APPENDIX</td></tr> + +<tr><td class="right">I.</td> +<td class="left" colspan="2"><span class="smcap">United States of America: +Copyright Provisions</span></td><td class="right">465-516</td></tr> + +<tr><td></td> +<td class="right">1.</td><td class="left">United States +Copyright Code of 1909, <a href="#Page_465">465</a>.</td></tr> + +<tr><td></td> +<td class="right">2.</td><td class="left">President's +Proclamations, <a href="#Page_489">489</a>.</td></tr> + +<tr><td></td> +<td class="right">3.</td><td class="left">United States +Supreme Court Rules, <a href="#Page_491">491</a>.</td></tr> + +<tr><td></td> +<td class="right">4.</td><td class="left">United States Copyright Office +Regulations, <a href="#Page_495">495</a>.</td></tr> + +<tr><td colspan="2"></td><td class="left">Application for copyright, with +affidavit form, <a href="#Page_511">511</a>.</td></tr> + +<tr><td></td> +<td class="right">5.</td><td class="left">U. S. Treasury +and Post Office Regulations, <a href="#Page_513">513</a>.</td></tr> + +<tr><td class="right">II.</td> +<td class="left" colspan="2"><span class="smcap">British Empire: Copyright +Provisions</span></td><td class="right">517-602</td></tr> + +<tr><td></td> +<td class="right">6.</td><td class="left">British Copyright +Act, 1911, <a href="#Page_517">517</a>.</td></tr> + +<tr><td></td> +<td class="right">6<i>a</i>.</td><td class="left">Fine Arts +Copyright Act, 1862, <a href="#Page_548">548</a>.</td></tr> + +<tr><td></td> +<td class="right">6<i>b</i>.</td><td class="left">Musical +(Summary Proceedings) Copyright Act, 1902, +<a href="#Page_550">550</a>.</td></tr> + +<tr><td></td> +<td class="right">6<i>c</i>.</td><td class="left">Musical +Copyright Act, 1906, <a href="#Page_552">552</a>.</td></tr> + +<tr><td></td> +<td class="right">7.</td><td class="left">Canadian Copyright +Measure, 1911, <a href="#Page_555">555</a>.</td></tr> + +<tr><td></td> +<td class="right">8.</td><td class="left">Australian +Copyright Act, 1905, <a href="#Page_580">580</a>.</td></tr> + +<tr><td class="right">III.</td> +<td class="left" colspan="2"><span class="smcap">International Copyright +Union: Conventions</span></td><td class="right">603-632</td></tr> + +<tr><td></td> +<td class="right">9.</td><td class="left">Berne-Paris +Conventions, 1886, 1896, <a href="#Page_603a">603</a>.</td></tr> + +<tr><td></td> +<td class="right">10.</td><td class="left">Berlin Convention, +1908, <a href="#Page_603b">603</a>.</td></tr> + +<tr><td class="right">IV.</td> +<td class="left" colspan="2"><span class="smcap">Pan American Union: +Conventions</span></td><td class="right">633-652</td></tr> + +<tr><td></td> +<td class="right">11.</td><td class="left">Montevideo +Convention, 1889, <a href="#Page_633">633</a>.</td></tr> + +<tr><td></td> +<td class="right">12.</td><td class="left">Mexico City +Convention, 1902, <a href="#Page_637">637</a>.</td></tr> + +<tr><td></td> +<td class="right">13.</td><td class="left">Rio de Janeiro +Convention, 1906, <a href="#Page_642">642</a>.</td></tr> + +<tr><td></td> +<td class="right">14.</td><td class="left">Buenos Aires +Convention, 1910, <a href="#Page_649">649</a>.</td></tr> + +<tr><td></td> +<td class="left" colspan="2"><span +class="smcap">Chronological Table of Laws and Cases, English and +American</span></td><td class="right"><a href="#chron">653</a>-675</td></tr> + +<tr><td></td> +<td class="left" colspan="2"><span +class="smcap">Index</span></td><td class="right"><a +href="#index">677</a>-709</td></tr> + +<tr><td></td> +<td class="left" colspan="2"><span class="smcap">Conspectus +of Copyright by Countries</span></td><td +class="right"><i>precedes</i> <a href="#conspectus"><span +class="smcap">Contents</span></a></td></tr> + +</table> + +<p class="p4"><a name="Page_1" id="Page_1"></a><span class="pagenum">[Pg +1]</span></p> + +<h2 class="p4">COPYRIGHT</h2> + +<h3 class="larger">ITS HISTORY AND ITS LAW</h3> + +<h3 class="p2">I</h3> +<h4>THE NATURE AND ORIGIN OF COPYRIGHT</h4> + +<p class="p2 sidenote"><a name="1a"></a>Copyright, meaning</p> + +<p>Copyright (from the Latin <i>copia</i>, plenty) means, in general, the +right to copy, to make plenty. In its specific application it means the +right to multiply copies of those products of the human brain known as +literature and art.</p> + +<p>There is another legal sense of the word "copyright" much emphasized by +several English justices. Through the low Latin use of the word +<i>copia</i>, our word "copy" has a secondary and reversed meaning, as the +pattern to be copied or made plenty, in which sense the schoolboy copies +from the "copy" set in his copy-book, and the modern printer calls for the +author's "copy."</p> + +<p class="sidenote"><a name="1b"></a>Its two senses</p> + +<p>Copyright, accordingly, may also mean the right in copy made (whether +the original work or a duplication of it), as well as the right to make +copies, which by no means goes with the work or any duplicate of it. Said +Lord St. Leonards in the case of Jefferys v. Boosey in 1854: "When we are +talking of the right of an author we must distinguish between the mere +right to his manuscript, and to any copy which he may choose to make of +it, as his property, just like any other personal chattel, and the right +to multiply copies to the exclusion of every other person. Nothing can be +more distinct than these two <a name="Page_2" id="Page_2"></a><span +class="pagenum">[Pg 2]</span>things. The common law does give a man who +has composed a work a right to that composition, just as he has a right to +any other part of his personal property; but the question of the right of +excluding all the world from copying, and of himself claiming the +exclusive right of forever copying his own composition after he has +published it to the world, is a totally different thing." Baron Parke, in +the same case, pointed out expressly these two different legal senses of +the word copyright, the right <i>in</i> copy, a right of possession, +always fully protected by the common law, and the right <i>to</i> copy, a +right of multiplication, which alone has been the subject of special +statutory protection.</p> + +<p class="sidenote"><a name="2"></a>Blackstone</p> + +<p>Blackstone in his Commentaries of 1767, in which the word copyright +seems to have been first used, lays down the fundamental principles of +copyright as follows: "When a man, by the exertion of his rational powers, +has produced an original work, he seems to have clearly a right to dispose +of that identical work as he pleases, and any attempt to vary the +disposition he has made of it appears to be an invasion of that right. Now +the identity of a literary composition consists entirely in the sentiment +and the language; the same conceptions, clothed in the same words, must +necessarily be the same composition; and whatever method be taken of +exhibiting that composition to the ear or the eye of another, by recital, +by writing, or by printing, in any number of copies, or at any period of +time, it is always the identical work of the author which is so exhibited; +and no other man (it hath been thought) can have a right to exhibit it, +especially for profit, without the author's consent. This consent may, +perhaps, be tacitly given to all mankind, when an author suffers his work +to be published by another hand, without any claim or reserve <a +name="Page_3" id="Page_3"></a><span class="pagenum">[Pg 3]</span>of right, +and without stamping on it any marks of ownership; it being then a present +to the public, like building a church or bridge, or laying out a new +highway."</p> + +<p class="sidenote"><a name="3"></a>Property by creation</p> + +<p>There is nothing which may more rightfully be called property than the +creation of the individual brain. For property (from the Latin +<i>proprius</i>, own) means a man's very <i>own</i>, and there is nothing +more his own than the thought, created, made out of no material thing +(unless the nerve-food which the brain consumes in the act of thinking be +so counted), which uses material things only for its record or +manifestation. The best proof of <i>own</i>-ership is that if this +individual man or woman had not thought this individual thought, realized +in writing or in music or in marble, it would not exist. Or if the +individual thinking it had put it aside without such record, it would not, +in any practical sense, exist. We cannot know what "might have beens" of +untold value have been lost to the world where thinkers, such as +inventors, have had no inducement or opportunity thus to materialize their +thoughts.</p> + +<p class="sidenote">Are thoughts created?</p> + +<p>It is sometimes said, as a bar to this idea of property, that no +thought is new—that every thinker is dependent upon the gifts of +nature and the thoughts of other thinkers before him, as every tiller of +the soil is dependent upon the land as given by nature and improved by the +men who have toiled and tilled before him,—a view of which Henry C. +Carey has been the chief exponent in this country. But there is no real +analogy—aside from the question whether the denial of individual +property in land would not be setting back the hands of progress. If +Farmer Jones does not raise potatoes from a piece of land, Farmer Smith +can; but Shakespeare cannot write "Paradise lost" nor Milton "Much ado," +though before both <a name="Page_4" id="Page_4"></a><span +class="pagenum">[Pg 4]</span>Dante dreamed and Boccaccio told his tales. +It was because of Milton and Shakespeare writing, not because of Dante and +Boccaccio who had written, that these immortal works are treasures of the +English tongue. It was the very self of each, <i>in propria persona</i>, +that gave these form and worth, though they used words that had come down +from generations as the common heritage of English-speaking men. Property +in a stream of water, as has been pointed out, is not in the atoms of the +water but in the flow of the stream.</p> + +<p class="sidenote"><a name="4"></a>Property in unpublished works</p> + +<p>Property right in unpublished works has never been effectively +questioned—a fact which in itself confirms the view that +intellectual property is a natural inherent right. The author has "supreme +control" over an unpublished work, and his manuscript cannot be utilized +by creditors as assets without his consent. "If he lends a copy to +another," says Baron Parke, "his right is not gone; if he sends it to +another under an implied undertaking that he is not to part with it or +publish it, he has a right to enforce that undertaking." The receiver of a +letter, to whom the paper containing the writing has undoubtedly been +given, has no right to publish or otherwise use the letter without the +writer's consent. The theory that by permitting copies to be made, an +author dedicates his writing to the public, as an owner of land dedicates +a road to the public by permitting public use of it for twenty-one years, +overlooks the fact that in so doing the author only conveys to each holder +of his book the right to individual use, and not the right to multiply +copies, as though the landowner should not give but sell permission to +individuals to pass over his road, without any permission to them to sell +tickets for the same privilege to other people. The owner of a right does +not forfeit a right by selling a privilege.</p> + +<p class="sidenote"><a name="5a"></a>The question of publication</p> + +<p><a name="Page_5" id="Page_5"></a><span class="pagenum">[Pg 5]</span>It +is at the moment of publication that the undisputed possessory right +passes over into the much disputed right to multiply copies, and that the +vexed question of the true theory of copyright property arises. The broad +view of literary property holds that the one kind of copyright is involved +in the other. The right to have is the right to use. An author cannot +use—that is, get beneficial results from—his work, without +offering copies for sale. He would be otherwise like the owner of a loaf +of bread who was told that the bread was his until he wanted to eat it. +That sale would seem to contain "an implied undertaking" that the buyer +has liberty to use his copy, but not to multiply it. Peculiarly in this +kind of property the right of ownership consists in the right to prevent +use of one's property by others without the owner's consent. The right of +exclusion seems to be indeed a part of ownership. In the case of land the +owner is entitled to prevent trespass, to the extent of a shot-gun, and in +the same way the law recognizes the right to use violence, even to the +extreme, in preventing others from possession of one's own property of any +kind. The owner of a literary property has, however, no physical means of +defence or redress; the very act of publication by which he gets a market +for his productions opens him to the danger of wider multiplication and +publication without his consent. There is, therefore, no kind of property +which is so dependent on the help of the law for the protection of the +real owner.</p> + +<p class="sidenote"><a name="5b"></a>Inherent right</p> + +<p>The inherent right of authors is a right at what is called common +law—that is, natural or customary law. The common law, says Kent, +"includes those principles, usages, and rules of action applicable to the +government and security of person and property which do not rest for their +authority upon <a name="Page_6" id="Page_6"></a><span class="pagenum">[Pg +6]</span>any express and positive declaration of the will of the +legislature." "The common law or <i>lex non scripta</i>," says Blackstone, +"depends upon its having been used time out of mind; or, in the solemnity +of our legal phrase, time whereof the memory of man runneth not to the +contrary." So far as concerns the undisputed rights before publication, +the copyright laws are auxiliary merely to common law. Rights exist before +remedies; remedies are merely invented to enforce rights. "The seeking for +the law of the right of property in the law of procedure relating to the +remedies," says Copinger in his standard English work on "The law of +copyright," "is a mistake similar to supposing that the mark on the ear of +an animal is the cause, instead of the consequence, of property +therein."</p> + +<p class="sidenote"><a name="6a"></a>Statutory penalties</p> + +<p>After the invention of printing it became evident that new methods of +procedure must be devised to enforce common law rights. Copyright became, +therefore, the subject of statute law, by the passage of laws imposing +penalties for a theft which, without such laws, could not be punished.</p> + +<p class="sidenote"><a name="6b"></a>Statute of Anne<br /> + +<a name="7"></a>Supersedure of common law right</p> + +<p>These laws, covering naturally only the country of the author, and +specifying a time during which the penalties could be enforced, and +providing means of registration by which authors could register their +property rights, as the title to a house is registered when it is sold, +had an unexpected result. The statute of Anne, which is the foundation of +present English copyright law, intended to protect authors' rights by +providing penalties against their violation, had the effect of limiting +those rights. It was doubtless the intention of those who framed the +statute of Anne to establish, for the benefit of authors, specific means +of redress. Overlooking apparently the fact that law and equity, as their +principles were then <a name="Page_7" id="Page_7"></a><span +class="pagenum">[Pg 7]</span>established, enabled authors to use the same +means of redress, so far as they held good, which persons suffering wrongs +as to other property had, the law was so drawn that in 1774 the English +House of Lords (against, however, the weight of one half of English +judicial opinion) decided that, instead of giving additional sanction to a +formerly existing right, the statute of Anne had substituted a new and +lesser right to the exclusion of what the majority of English judges held +to have been an old and greater right. Literary and like property to this +extent lost the character of copy-<i>right</i>, and became the subject of +copy-<i>privilege</i>, depending on legal enactment for the security of +the private owner. American courts, wont to follow English precedent, have +rather taken for granted this view of the law of literary property, and +our Constitution, in authorizing Congress to secure "for limited times to +authors and inventors the exclusive right to their respective writings and +discoveries," was evidently drawn from the same point of view, though it +does not in itself deny or withdraw the natural rights of the author at +common law.</p> + +<p><a name="Page_8" id="Page_8"></a><span class="pagenum">[Pg +8]</span></p> + +<h3 class="p2">II</h3> + +<h4>THE EARLY HISTORY OF COPYRIGHT</h4> + +<p class="p2 sidenote"><a name="8a"></a>In classic times</p> + +<p>Our traditions of the blind Homer, singing his Iliad in the +multitudinous places of his protean nativity, do not vouchsafe us any +information as to the <i>status</i> of authors in his day. There seems +indeed to be no indication of author's rights or literary property in +Greek or earlier literatures. But there is mention in Roman literature of +the sale of playright by the dramatic authors, as Terence; and Rome had +booksellers who sold copies of poems written out by slaves, and who seem +to have been protected by some kind of "courtesy of the trade," since +Martial names certain booksellers who had specific poems of his for sale. +Horace complains that the Sosius brothers, his publishers, got gold while +he got only fame—but this may have been a classic "author's +grumble." Cicero in his letters indicates that there was some notion of +literary property, and it is probable that some kind of payment was made +to authors.</p> + +<p class="sidenote"><a name="8b"></a>Roman law</p> + +<p>The Roman jurist Gaius, probably of the second century, held that where +an artist had painted upon a <i>tabula</i>, his was the superior right. +And this opinion was adopted by Tribonian, chief editor of the code of +Justinian, in the sixth century, and was applied in a modern question in +respect to John Leech's drawings upon wood.</p> + +<p class="sidenote"><a name="8c"></a>Monastic copyists<br /> + +<a name="9a"></a>St. Columba and Finnian</p> + +<p>In the early Christian centuries, the monasteries became the seats of +learning, and the <i>scriptorium</i> or writing room, in connection with +the <i>librarium</i> or <i>armarium</i>,—the armory in which the +weapons of the <a name="Page_9" id="Page_9"></a><span class="pagenum">[Pg +9]</span>faith were kept,—was the work-shop of the monkish copyists, +sometimes working as a publishing staff under the direction of the +<i>librarius</i> or <i>armarius</i> as chief scribe. The first record of a +copyright case is that of Finnian <i>v</i>. Columba in 567, chronicled by +Adamnan fifty years later and cited by Montalembert in "The monks of the +West." St. Columba, in his pre-saintly days, surreptitiously made a copy +of a psalter in possession of his teacher Finnian, and the copy was +reclaimed, so the tradition relates, under the decision of King Dermott, +in the Halls of Tara: "To every cow her calf." The authenticity of the +tradition is questioned by other writers, but the phrase gives the pith of +the common law doctrine of literary property and indicates that in those +early centuries there was a sense of copyright. Monks from other +monasteries came to a noted <i>scriptorium</i> where a specially authentic +or valuable manuscript could be copied, and the privilege of copying +sometimes became the basis of an exchange of copies or of a commercial +charge. Finally different texts of the same work were compared to obtain a +certain or standard text, and the multiplication of such copies became the +basis of a publishing and bookselling trade, in secular as well as +sacerdotal hands, the development of which is traced in detail by George +Haven Putnam in "Books and their makers in the Middle Ages."</p> + +<p class="sidenote"><a name="9b"></a>University protection</p> + +<p>This development is illustrated in the statutes of 1223 of the +University of Paris, providing that the "booksellers of the University" +should produce duplicate copies of the texts authorized for the use of the +University, and there is indication that payment was made by the +University to scholars for the annotation and proof-reading of such texts. +In fact, there existed in France in those days a kind of guild of <a +name="Page_10" id="Page_10"></a><span class="pagenum">[Pg +10]</span><i>libraires jurés</i> or legalized booksellers, under +regulation of the University, as a body of publishers and writers having +jurisdiction over the copying and censorship of manuscripts. "Letters of +patent" of Charles V, 1368, specified fourteen <i>libraires</i> and eleven +<i>écrivains</i> as registered in Paris, and four chief <i>libraires</i> +had jurisdiction over the calling of the <i>librarius</i> and the +<i>stationarius</i>. The certificate of the correctness of a copy, and +perhaps of the right to copy or sell it, may be considered the primitive +form of copyright certificate.</p> + +<p class="sidenote"><a name="10a"></a>Invention of printing</p> + +<p>The invention of printing, prior to 1450, made protection of literary +property a question of rapidly increasing importance. The new art raised, +of course, many new questions wherever the guardians of the law were set +to their chronic task of applying old ideas of right to new conditions. +The earliest copyright certificate, if it may be so called, in a printed +book was that in the reissue of the tractate of Peter Nigrus printed in +1475, at Esslingen, in which the Bishop of Ratisbon certified the +correctness of the copy and his approval. At first "privileges" were +granted chiefly to printers, for the reproduction of classic or patristic +works, but possibly in some cases as the representatives of living +writers; and there are early instances of direct grants to authors, the +earliest known being in 1486 in Venice to Sabellico.</p> + +<p class="sidenote"><a name="10b"></a>In Germany</p> + +<p>In Germany, the cradle of the art of printing, whence come the earliest +<i>incunabula</i> or cradle-books, printing privileges were developed some +decades later than in Italy. Koberger, the early Nuremberg printer, whose +imprint dates back to 1473, relied rather on the "courtesy of the trade," +and indeed made an agreement in 1495 with Kessler of Basel to respect each +other's rights. Yet a suit brought in 1480 by Schöffer, who with Fust had +established the first <a name="Page_11" id="Page_11"></a><span +class="pagenum">[Pg 11]</span>publishing and bookselling business, brought +in connection with Fust's heirs against Inkus of Frankfort for the +infringement of property rights in certain books, and the issue of a +preliminary injunction by a court at Basel, indicated some definite legal +<i>status</i>.</p> + +<p>The first recorded privilege in Germany was issued by the imperial +Aulic Council in 1501, to the Rhenish Celtic Sodalitas for the printing of +dramas of the nun-poet, Hroswitha, who had been dead for 600 years, as +prepared by Celtes of Nuremberg. The imperial privilege covered only the +imperial domain, and Celtes in the same year obtained a similar privilege +from the magistracy of Frankfort, then the seat of the book-fair, +organized there about 1500, afterwards superseded by that at Leipzig. +Later, imperial privileges were issued by the Imperial Chancellor in the +name of the Emperor, as one in 1510 to the printer Johann Schott of the +"<i>Lectura aurea</i>." In 1512 Maximilian I granted to the +historiographer Johann Stab in Lintz a privilege covering "all works" +which he "might cause to be printed," under which he issued licenses on +particular books for ten years or less. This grant, however, some +authorities consider not a privilege or copyright, but an authorization to +license, possibly similar to that which had been granted in 1455 by +Frederick III and confirmed later by Maximilian I to Dr. Jacob Össler at +Strasburg, perhaps the earliest centre of printing and bookselling, as +imperial supervisor of literature and superintendent of printing. In 1512 +also, copies or imitations or engravings by Albert Dürer, with forged +signature, were ordered confiscated by the magistrates of Nuremberg, +though perhaps on grounds of fraud rather than of copyright. But in 1528 +Dürer's widow obtained from the Nuremberg authorities exclusive privilege +for his works, and in <a name="Page_12" id="Page_12"></a><span +class="pagenum">[Pg 12]</span>that year the magistrates went so far in +protecting Dürer's "Proportion" as to restrain another work of the same +title and subject, presumably though mistakenly inferred to be an +adaptation or imitation, until after the completion and sale of the +original work. In 1532 reëngravings of some of Dürer's works were +restrained, and when a Latin edition of his "Perspective," printed in +Paris, found its way to Nuremberg, the magistrates called the booksellers +together, warned them against keeping or selling the unauthorized edition, +and sent letters to the magistracy of Strasburg, Frankfort, Leipzig and +Antwerp, requesting similar action. Luther in his reforming zeal was the +first protestant against authors' wrongs, and in a letter of 1528 +complained that "there are many now busying themselves with the spoiling +of books through misprinting them," and pleaded for legislation to protect +literary producers. In 1531 the city council of Basel enjoined all +booksellers from reprinting the books of each other for three years from +publication under penalty of one hundred gulden, which illustrates the +nature of local legislation, privileging printers as well as other guilds +within a city. The protection was usually for short terms and sometimes +covered the subject as well as the book, as indicated in the Dürer +case.</p> + +<p>The coördinate jurisdiction of imperial and local authority continued +into the seventeenth century, and besides a special protection of official +publications, including church texts and school books, there developed a +differentiation between privileged books and protected authors. The +imperial city of Frankfort in 1660 passed an ordinance for the protection +of "<i>bücher</i>" and "<i>autores</i>" and an imperial patent of 1685 +made the curious distinction between "privileged" and "unprivileged" +works, which Pütter, <a name="Page_13" id="Page_13"></a><span +class="pagenum">[Pg 13]</span>reputed the German apostle of the modern +theory of property in literary productions, writing in 1764, explains as +meaning respectively "non-individual" and "individual" +(<i>eigenthümlich</i>) works, the former those issued under printers' +privileges, the latter the works of contemporary authors, copyrightable in +our modern sense. At the close of the seventeenth century, the book-fair +at Leipzig began to assume dominating importance, and the privileges from +the Commission of the Elector of Saxony became more authoritative, +perhaps, than the imperial privileges issued from Frankfort.</p> + +<p class="sidenote"><a name="13"></a>In Italy: Venice</p> + +<p>Venice, among whose chief glories were to be the master printers Aldus, +was the first and foremost of the Italian states to encourage the new art. +The first privilege granted by her Senate, in 1469, indeed ante-dated the +first in Germany by thirty-two years, the first in France by thirty-four +years, and the first in England by forty-nine years. This was to John of +Speyer, a German printer, for a monopoly for printing in Venice for five +years, with prohibition of importation of works printed elsewhere, which +he did not live to enjoy. The first known author's copyright was granted +September 1, 1486, to Antonio Sabellico, historian to the Republic, of the +sole right to publish or authorize the publication of his "Decade of +Venetian affairs," not limited in time, with a penalty of five hundred +ducats for infringement. In 1491 the Senate gave to the publicist Peter of +Ravenna and the publisher of his choice the sole right, without mention of +term, to print and sell his "Phœnix," usually cited as the first +instance of copyright. In 1493 one Barbaro was granted a privilege for ten +years in the work of his deceased brother, and in the same year an +editor's copyright was granted to Joannes Nigro for his edition of +"Haliabas," his application <a name="Page_14" id="Page_14"></a><span +class="pagenum">[Pg 14]</span> being accompanied by a certificate from +learned doctors of Padua of its value for the community, and a publisher's +copyright to Benaliis on Giustiniani's "Origin of the city of Venice," +both apparently without term. In 1494 a privilege to Codeca contained the +condition of fair price, and another privilege required publication within +a year or at the rate of a folio a day. In 1496 Aldus himself was given +the privilege for twenty years of printing any Greek texts, and in 1501, +another for ten years of printing in cursive or italic characters, an +invention of his own modeled on the handwriting of Boccaccio, a +<i>quasi</i> patent right; and rights for other languages were granted to +other printers.</p> + +<p>From 1505 renewals were granted for good cause, as in 1508 to Crasso +for his edition of the works of Polifilo, because the wars had prevented +due return. The privilege dated sometimes from application, sometimes from +publication, and varied in term from one year up, averaging perhaps ten +years at the beginning and twenty years toward the close of the sixteenth +century. Many of the privileges were conditioned on printing within +Venice. Copyright to authors became frequent, as in 1515 on his "Orlando" +for his lifetime, to Ariosto, on whose poems an extra term for ten years +was granted, in 1535, to his heirs. In 1521 Castellazzo obtained a +copyright for his engravings illustrating the Pentateuch and for others +which he had in plan; and many musical works were also copyrighted.</p> + +<p>It will be seen that before or early in the sixteenth century most of +the copyright conditions of later legislation, even in the American code +of 1909, had been prophesied in Venice. But the privileges had become so +complicated and perplexing that in 1517 the Venetian Senate abolished all +printing privileges <a name="Page_15" id="Page_15"></a><span +class="pagenum">[Pg 15]</span> previously granted and decreed that +privileges should thereafter be granted only by two-thirds vote and for a +new work (<i>opus novum</i>) "never published before," or works hitherto +unprivileged. This attempt at reform proved inadequate and indefinite, and +in 1533 the first real copyright code was decreed, under which printing +was required within Venice, and publication within a year—later +modified for larger works to a folio a day. No publisher could apply twice +for the same copyright, and a maximum price was fixed from an advance copy +by the Bureau of Arts and Industries. Under the restriction of +competition, Venetian printers, once the best in the world, fell into "the +ruinous and disgraceful practice," according to a decree of 1537, "for the +sake of gain" of using "vile paper that would not hold the ink" or permit +marginal notes; and the use of good paper that could be written upon +without blotting was required, except for works priced under 10 soldi, on +penalty of forfeiture of copyright and a fine of 100 ducats. Under the +earlier privileges publishers had printed books without consent of the +authors or against their will, but in 1545 it was decreed that no +copyright should issue unless documentary evidence of the consent of the +author or his representatives had been submitted to the Rifformatori, the +commission from the University of Padua, appointed the year before as +censors upon non-theological works, not covered by the ecclesiastical +censors.</p> + +<p>A decree in 1548 established a guild of printers and publishers, +antedating the charter granted by Queen Mary to the Stationers' Company in +London, though later than the organization of the book-fair of Frankfort +and of the <i>libraires jurés</i> in France; and its regulations, aiding +the censorship, incidentally defined literary property and protected +copyrights. <a name="Page_16" id="Page_16"></a><span class="pagenum">[Pg +16]</span>About 1566 there was a provision that works should be registered +before publication without charge, and a complete registry of published +works was kept in Venice. In 1569 as many as 117 copyright entries were +made in Venice, and so few, after the plague years, as seven in 1599. Only +two applications are recorded as refused by the Senate. The one recorded +instance of punishment for piracy was that on the work of Pappa Alesio of +Corfu, wherein the infringer was fined 200 ducats, besides ten ducats for +each unauthorized copy printed, and was forbidden to print for ten +years.</p> + +<p>About 1600 the exodus of printers from Venice was checked by +legislation, and in 1603 an elaborate decree provided copyright for twenty +years on books first published in Venice, for ten years on books first +published in Italy but registered in Venice, or on books not printed in +Venice within the previous twenty years, and for five years on books not +printed within ten years previous, and also a fine of twenty-five ducats +for the false use of "Venetia" in the imprint. Later, as is evidenced by +complaints in 1671, deposit copies were required for the libraries of St. +Mark and of Padua. By the close of the seventeenth century the provisions +for copyright in Venice had become so complicated, according to Putnam, +following Brown's historical study of "The Venetian printing press," as to +require the following processes, most of them involving a fee: +"<i>testamur</i> from the ducal secretary; certificate from the +Rifformatori of the University of Padua; <i>imprimatur</i> from the Chiefs +of the Ten; revision by the Superintendent of the Press; revision by the +public proof-reader; collation of the original text with the text as +printed, by the secretary to the Rifformatori; certificate from the +librarian of St. Mark that a copy had been deposited in the <a +name="Page_17" id="Page_17"></a><span class="pagenum">[Pg +17]</span>library; examination by experts appointed by the Proveditori to +establish the market price of the book."</p> + +<p class="sidenote"><a name="17a"></a>Florence</p> + +<p>Florence was second only to Venice in the production of books and the +protection of authors, and the records of Florentine printing show that in +the sixteenth century international privileges were sought and obtained. +Thus the printer of a Florentine edition of the Pandects, in 1553, +obtained privileges also in Spain, France and the two Sicilies, possibly +through a Papal grant.</p> + +<p class="sidenote"><a name="17b"></a>Control by the Church</p> + +<p>By 1515, under Leo X, patron of art and letters, the Holy See had +asserted its jurisdiction over copyrights and privileges, not only in its +own territory, but throughout Italy and Germany, and elsewhere, under pain +of spiritual punishments. Fra Felice of Prato, a converted Jew, had +obtained from the Pope a privilege for certain Hebrew works valid +throughout all Europe, the denial or infringement of which was punishable +by excommunication; but he took the precaution to obtain a privilege also +from the Venetian authorities. There is other evidence of a compromise +policy involving approval from the Church before a secular privilege was +granted, especially of theological works. Throughout Catholic countries +the <i>index expurgatorius</i> banned for the most part the printing of +forbidden books; and this made Holland later the chief centre of printing, +since the placing of a work in the <i>index</i> invited prompt reprint by +Dutch publishers. It was perhaps a survival of a requirement for deposit +of such books that Holland so long remained the only nation in Europe +conditioning copyright on deposit of a copy printed within the +country.</p> + +<p class="sidenote"><a name="17c"></a>In France</p> + +<p>In France, after the invention of printing, the functions of the +<i>libraires jurés</i>, under the authority given by the King through the +University of Paris, naturally <a name="Page_18" id="Page_18"></a><span +class="pagenum">[Pg 18]</span> came to include books, and this relation +was continued until the Revolution of 1789. Copyrights throughout this +period seem to have been in perpetuity. At the beginning of the fifteenth +century, in the times of Louis XII, "letters of the King" forbade +booksellers, printers and other persons to "introduce foreign impressions" +of the books to which such letters were appended. They were usually issued +to printers. In 1537, under Francis I, a work had first to secure "the +King's approval given through the royal librarian," a copy must be +deposited in the library of the royal château of Blois, and the selling of +foreign works was permitted only after approval as worthy of a place in +the royal library,—but for these last the library was to pay the +usual price. In 1556 a general ordinance of Henry II defined literary +property, and publication of condemned books was declared treason. In 1566 +the "Ordinance de Moulins" of Charles IX made further definition; and +letters patent of Henry III, in 1576, referred back to these earlier +ordinances. Infringement of such privileges was punished with especial +severity in France, for, as quoted by Lowndes, such conduct was thought +"worse than to enter a neighbor's house and steal his goods: for +negligence might be imputed to him for permitting the thief to enter: but +in the case of piracy of copyright, it was stealing a thing confided to +the public honor." Louis XIV in 1682 visited it with corporal punishment, +and for a second offence decreed in 1686 also that the offender should be +forever disabled from exercising his trade of bookseller or printer.</p> + +<p>Copyrights continued in perpetuity until all royal privileges were +abolished in 1789 by the National Assembly, after which in July, 1793, a +general copyright law was passed, granting copyright to an author for his +life and to his heirs for ten years thereafter.</p> + +<p class="sidenote"><a name="19"></a>In England</p> + +<p><a name="Page_19" id="Page_19"></a><span class="pagenum">[Pg +19]</span>In England, a Royal Printer was appointed in 1504, and to his +successor, Richard Pynson, in 1518, the first printing "privilege" was +issued, in the form of a prohibition for two years of the printing by any +other person of a certain speech to which this first English copyright +notice was appended. Bishop Fell, in his memoirs on the state of printing +in the University of Oxford, states that this University had been granted +certain exclusive privileges of transcribing and multiplying books by +means of writing; and Lowndes in his early "Historical sketch of the law +of copyright," published in 1840 and 1842, cites many early privileges, +most commonly for seven years, granted after the invention of +printing.</p> + +<p>An early enactment of Richard III, in 1483, had encouraged the +circulation of books by exempting from certain restraints on aliens "any +artificer, or merchant stranger, of what nation or country he be, for +bringing into this realm, or selling by retail or otherwise, any books +written or printed, or for inhabiting within this said realm for the same +intent, or any scrivener, alluminor, reader, or printer of such books." +But fifty years later, under Henry VIII, this exemption was repealed by an +act, "for printers and binders of books," which provided that no persons +"resident or inhabitant within this realm shall buy to sell again, any +printed books brought from any parts out of the King's obeysance, ready +bound in boards, leather, or parchment," or buy "of any stranger born out +of the King's obedience, other than of denizens, any manner of printed +books brought from any parties beyond the sea, except only by engross, and +not by retail"—the buyer to be punished by a fine, of which a moiety +was to go to the informer. The act also contained provisions to "reform +and redress," through the Chancery judges with <a name="Page_20" +id="Page_20"></a><span class="pagenum">[Pg 20]</span>"twelve honest and +discreet persons," "too high and unreasonable prices."</p> + +<p class="sidenote">Book restriction</p> + +<p>The quaint preamble of this act of 1533 sets forth as its "whereas," in +reference to the act of Richard III, that "there hath come to this realm +sithen the making of the same, a marvelous number of printed books, and +daily doth; and the cause of the making of the same provision seemeth to +be, for that there were but few books, and few printers within this realm +at that time, which could well exercise and occupy the said science and +craft of printing; nevertheless, sithen the making of the said provision, +many of this realm, being the King's natural subjects, have given them so +diligently to learn and exercise the said craft of printing, that at this +day there be within this realm a great number cunning and expert in the +said science or craft of printing, as able to exercise the said craft in +all points, as any stranger in any other realm or country; and +furthermore, where there be a great number of the King's subjects within +this realm, which live by the craft and mystery of binding of books, and +that there be a great multitude well expert in the same, yet all this +notwithstanding, there are divers persons that bring from beyond the sea +great plenty of printed books, not only in the Latin tongue, but also in +our maternal English tongue, some bound in boards, some in leather, and +some in parchment, and them sell by retail, whereby many of the King's +subjects, being binders of books, and having no other faculty wherewith to +get their living, be destitute of work and like to be undone, except some +reformation herein be had." This is interesting in connection with the +American manufacturing clause.</p> + +<p class="sidenote">Early English protection</p> + +<p>Henry VIII granted many printing privileges, and in 1530 the first +English copyright to an author was <a name="Page_21" +id="Page_21"></a><span class="pagenum">[Pg 21]</span> issued to John +Palsgrave, who, having prepared a French grammar at his own expense, +received a privilege for seven years. In 1533 appeared the first complaint +of piracy, that of Wynken de Worde, who obtained the King's privilege for +his second edition of Witinton's Grammar, because Peter Trevers had +reprinted it from the edition of 1523. Up to the middle of the sixteenth +century copyrights were in form printers' licenses, and even in the case +cited Palsgrave seems to have been recognized rather because he published +his own book than because he wrote it.</p> + +<p class="sidenote"><a name="21"></a>The Stationers' Company</p> + +<p>The Stationers' Company, created by Henry VIII and chartered under +Queen Mary in 1556, though the development of an earlier guild dating from +1403, was in part a device to prevent seditious printing, by prohibiting +any printing in England except by those registered in its membership. In +1558, under a second charter, its by-laws provided that every one who +printed a book should register it and pay a fee, and those who failed to +do this, or who printed another member's book, were to be fined. In 1562 +licenses were declared void "if any other has a right," and in 1573 sales +of "copy" are entered. The practice had grown up of granting patents or +monopolies to persons for a whole class of books; the Stationers' Company +itself held that for almanacs up to a very late period, and the Crown has +retained that on the Bible and the Book of Common Prayer to the present +day. These monopolies were defied, and the Star Chamber decree of 1566, +disabling offending printers from exercising their trade and prescribing +imprisonment, did not avail. In 1640 the Star Chamber and all the +regulations of the press were abolished by the Long Parliament, but the +abuse of unlicensed printing led to a new licensing act in 1643, which +prohibited printing or importing <a name="Page_22" id="Page_22"></a><span +class="pagenum">[Pg 22]</span>without consent of the <i>owner</i>, on pain +of forfeiture of copies to the owner, and which renewed the order that all +books should be entered in the register of the Stationers' Company. The +early registers still exist in Stationers' Hall, near Paternoster Row, +London, in quaint and almost undecipherable chirography, and some of them +have been reissued in <i>facsimile</i>. It was against the licensing act +of this date that Milton, in 1644, printed his "Areopagitica," but he +particularly excepts from his criticism of the act the part providing for +"the just retaining of each man his several copy, which God forbid should +be gainsaid."</p> + +<p class="sidenote"><a name="22"></a>Statutory provisions</p> + +<p>In 1649 Parliament provided a penalty of 6<i>s.</i> 8<i>d.</i> and +forfeiture for the reprinting of registered books, and prohibited presses +except at London, Finsbury, York, and the universities, and in 1662 it +added the requirement of deposit of a copy at the King's library and at +each of the universities. To prevent fraudulent changes in a book after +licensing, it was further required that a copy be deposited with the +licenser at the time of application—apparently the origin of our +record-deposit. With the expiration of these acts in 1679, legislative +penalties lapsed and piracy became common. Charles II in 1684 renewed the +charter of the Stationers' Company, approved its register, and confirmed +to proprietors of books "the sole right, power, and privilege and +authority of printing, as has been usual heretofore." The licensing act of +1649-62 was revived in 1685, and renewed up to 1694, although the +booksellers now petitioned against it, and eleven peers protested against +subjecting learning to a mercenary and perhaps ignorant licenser, and +destroying the property of authors in their copies. The law lapsed because +of the indignation of the Commons against the arbitrary power of the +license, but the result was the abolition of statutory penalties, <a +name="Page_23" id="Page_23"></a><span class="pagenum">[Pg 23]</span> which +left the punishment of piracy a matter of damages at common law, requiring +a separate action for each copy sold, usually against irresponsible +people. Piracy again flourished. The right at common law seems, however, +to have been unquestioned, and the Court of Common Pleas held that a +plaintiff who had purchased from the executors of an author was owner of +the property at common law. Owners of literary property petitioned +Parliament, 1703 to 1709, for security and redress, declaring that the +property of English authors had always been held as sacred among the +traders, that conveyance gave just and legal title, that the property was +the same with houses and other estates, and that existing "copies" had +cost at least £50,000, and had been used in marriage settlements and were +the subsistence of many widows and orphans. This led to the famous statute +of Anne, introduced in 1709, and passed March, 1710, "for the +encouragement of learning," said to have been drawn in its original form +by Swift, which remains the practical foundation of copyright in England +and America to-day.</p> + +<p class="p4"><a name="Page_24" id="Page_24"></a><span class="pagenum">[Pg +24]</span></p> + +<h3>III</h3> + +<h4>THE DEVELOPMENT OF STATUTORY COPYRIGHT IN ENGLAND</h4> + +<p class="p2 sidenote"><a name="24a"></a>The statute of Anne as +foundation</p> + +<p>The statute of Anne, the foundation of the present copyright system of +England and America, which took effect April 10, 1710, gave the author of +works then existing, or his assigns, the sole right of printing for +twenty-one years from that date and no longer; of works not then printed, +for fourteen years and no longer, except in case he were alive at the +expiration of that term, when he could have the privilege prolonged for +another fourteen years. Penalties were provided, which could not be +exacted unless the books were registered with the Stationers' Company, and +which must be sued for within three months after the offence. If too high +prices were charged, the Queen's officers might order them lowered. A book +could not be imported without written consent of the owner of the printing +right. The number of deposit copies was increased to nine. The act was not +to prejudice any previous rights of the universities and others.</p> + +<p class="sidenote"><a name="24b"></a>Its relations to common law<br /> + +<a name="25a"></a>The crucial cases</p> + +<p>This act did not touch the question of rights at common law, and soon +after its statutory term of protection on previously printed books +expired, in 1731, lawsuits began. The first was that of Eyre <i>v.</i> +Walker, in which Sir Joseph Jekyll granted, in 1735, an injunction as to +"The whole duty of man," which had been first published in 1657, or +seventy-eight years before. In this and several other cases the Court of +Chancery issued injunctions on the theory that the legal right was +unquestioned. But in 1769 the famous <a name="Page_25" +id="Page_25"></a><span class="pagenum">[Pg 25]</span>case of Millar +<i>v.</i> Taylor, as to the copyright of Thomson's "Seasons," brought +directly before the Court of King's Bench the question whether rights at +common law still existed, aside from the statute and its period of +protection. In this case Lord Mansfield and two other judges held that an +author had, at common law, a perpetual copyright, independent of statute, +one dissenting justice holding that there was no such property at common +law. The copyright was sold by Millar's executors to Becket, who +prosecuted Donaldson for piracy and obtained from Lord Chancellor Bathurst +a perpetual injunction. In 1774, in the famous case of Donaldson <i>v.</i> +Becket, this decision was appealed from, and the issue was carried to the +highest tribunal, the House of Lords.</p> + +<p class="sidenote"><a name="25b"></a>The Judges' opinions</p> + +<p>The House of Lords propounded five questions to the judges. These, with +the replies,<a name= "fnanchor_1" id= "fnanchor_1"></a><a href= +"#footnote_1" class= "fnanchor">[1]</a> were as follows:</p> + +<p>I. Whether, at common law, an author of any book or literary +composition had the sole right of first printing and publishing the same +for sale; and might bring an action against any person who printed, +published and sold the same without his consent? Yes, 10 to 1 that he had +the sole right, etc.,—and 8 to 3 that he might bring the action.</p> + +<p>II. If the author had such right originally, did the law take it away, +upon his printing and publishing such book or literary composition; and +might any person afterward reprint and sell, for his own benefit, such +book or literary composition against the will of the author? No, 7 to +4.</p> + +<p>III. If such action would have lain at common law, is it taken away by +the statute of 8th Anne? And is <a name="Page_26" id="Page_26"></a><span +class="pagenum">[Pg 26]</span>an author, by the said statute, precluded +from every remedy, except on the foundation of the said statute and on the +terms and conditions prescribed thereby? Yes, 6 to 5.</p> + +<p>IV. Whether the author of any literary composition and his assigns had +the sole right of printing and publishing the same in perpetuity, by the +common law? Yes, 7 to 4.</p> + +<p>V. Whether this right is any way impeached, restrained, or taken away +by the statute of 8th Anne? Yes, 6 to 5.</p> + +<p class="sidenote"><a name="26a"></a>The Lords' decision</p> + +<p>These opinions, that there was perpetual copyright at common law, which +was not lost by publication, but that the statute of Anne took away that +right and confined remedies to the statutory provisions, were directly +contrary to the previous decrees of the courts, and on a motion seconded +by the Lord Chancellor, the House of Lords, 22 to 11, reversed the decree +in the case at issue. This construction by the Lords, in the case of +Donaldson <i>v.</i> Becket, of the statute of Anne, has practically "laid +down the law" for England and America ever since.</p> + +<p class="sidenote"><a name="26b"></a>Protests</p> + +<p>Two protests against this action deserve note. The first, that of the +universities, was met by an act of 1775, which granted to the English and +Scotch universities (to which Dublin was added in 1801), and to the +colleges of Eton, Westminster and Winchester, perpetual copyright in works +bequeathed to and printed by them. The other, that of the booksellers, +presented to the Commons February 28, 1774, set forth that the petitioners +had invested large sums in the belief of perpetuity of copyright, but a +bill for their relief was rejected.</p> + +<p class="sidenote"><a name="26c"></a>Supplementary legislation</p> + +<p>In 1801 an act was passed authorizing suits for damages [at common law, +as well as penalties under statute] during the period of protection of the +statute, <a name="Page_27" id="Page_27"></a><span class="pagenum">[Pg +27]</span>the need for such a law having been shown in the case of +Beckford <i>v.</i> Hood in 1798, wherein the court had to "stretch a +point" to protect the plaintiff's rights in an anonymous book, which he +had not entered in the Stationers' register.</p> + +<p class="sidenote"><a name="27"></a>The Georgian period</p> + +<p>Meantime, during the Georgian period, there had been much incidental +copyright legislation. The provision in the statute of Anne for the +limitation of prices was repealed by the act of 1739, which also continued +the prohibition of the importation of foreign reprints, further continued +in later acts or customs regulations from time to time, until these were +disposed of by the statute law revision act of 1867. Copyright had been +extended to engravings and prints by successive acts of 1734-5 (8 George +II, c. 13), 1766-7 (7 George III, c. 38) and 1777 (17 George III, c. 57); +to designs for linen and cotton printing by acts of 1787, 1789 and 1794; +to sculpture by acts of 1798 and 1814 (54 George III, c. 56). A private +copyright act of 1734 granted to Samuel Buckley, a citizen and stationer +of London, sole liberty of printing an improved edition of the histories +of Thuanus, and the engravings act of 1767 contained a similar special +provision for the widow of Hogarth. In 1814 also, copyright in books was +extended to twenty-eight years and the remainder of life, and the author +was relieved from delivering the eleven library copies then required, +except on demand. The university copyright act of 1775 (15 George III, c. +53), above-mentioned, and the other acts given with specific citation +above, still constitute, in certain unrepealed provisions, a part of the +English law, although others of their provisions and other laws were +repealed by later copyright acts or by the statute law revision act of +1861 or that of 1867.</p> + +<p class="sidenote"><a name="28a"></a>Legislation under William IV</p> + +<p>In the reign of William IV the dramatic copyright act of 1833 (3 +William IV, c. 15) became, and in part <a name="Page_28" +id="Page_28"></a><span class="pagenum">[Pg 28]</span>remains, the basis of +copyright in drama. The lectures copyright act of 1835 (5 & 6 William +IV, c. 65) for the first time covered that field. In 1836 the prints and +engravings copyright (Ireland) act (6 & 7 William IV, c. 59) extended +protection to those classes in that country, and another copyright act (6 +& 7 William IV, c. 110) reduced the number of library copies required +to five. These laws also remain in force, in unrepealed provisions, as a +part of British copyright law.</p> + +<p class="sidenote"><a name="28b"></a>The Victorian act of 1842</p> + +<p>In 1841, under the leadership of Serjeant Talfourd, author of "Ion" and +other dramatic works, a new copyright bill was presented to the House of +Commons, in the preparation of which George Palmer Putnam, the American +publisher, then resident in London, had been consulted. It provided for +compulsory registration and extended the term to life and thirty years. +The bill attracted little attention and met with no opposition until the +second reading, when Lord Macaulay, a bachelor, interested in fame rather +than profit to an author or his descendants, attacked the bill and "the +great debate" ensued. Macaulay offered a bill limiting copyright to the +life of the author, but finally assented to a compromise, by which the +term was made forty-two years or the life of the author and seven years, +whichever the longer. The resulting copyright act of 1842 (5 & 6 +Victoria, c. 45) presented a new code of copyright, covering the ground of +previous laws, but not in terms repealing them. As a result, provisions +not specifically repealed or superseded remained in force, and the act of +1842, though serving since as the basic act, has had to be construed with +the previous acts in view. The bill practically preserved, however, the +restrictions of the statute of Anne. The term of forty-two years or life +and seven years is applied to articles in periodicals, but <a +name="Page_29" id="Page_29"></a><span class="pagenum">[Pg 29]</span>the +right in these reverts to the author after twenty-eight years. The +Judicial Committee of the Privy Council may authorize the publication of a +work which after the author's death the proprietor of the copyright +refuses to republish.</p> + +<p class="sidenote"><a name="29a"></a>Protection of designs</p> + +<p>In the same year, 1842, there was passed also a copyright in designs +act, covering designs for articles of manufacture, consolidating previous +laws on this specific subject from 1787 to 1839 (two bills in this last +year having extended protection to printing designs for woolen and other +fabrics and to articles of manufacture generally), and providing for a +registrar for such designs,—in which act the careless use of the +word "ornamenting" seemed so to limit the scope that an amendatory act was +passed in 1843.</p> + +<p class="sidenote"><a name="29b"></a>Subsequent acts</p> + +<p>An international copyright act, introduced in the first year of the +Victorian reign, had been passed in 1838, to protect foreign books +reprinted in England, but it proved inadequate and was repealed by the +subsequent act of 1844 (7 & 8 Victoria, c. 12), providing more +comprehensively for international copyright, on the basis of registration +and deposit in London. The colonial copyright act of 1847 (10 & 11 +Victoria, c. 95) authorized copyright legislation by any colony, subject +to the approval of the Crown, and the suspension for such colony of the +prohibition of foreign reprints, which act is therefore often cited as the +foreign reprints act. An act of 1850 further covered designs and provided +for their provisional registration, and one in 1851 protected exhibits at +the international exhibition of that year in London. A third international +copyright act was passed in 1852 (15 & 16 Victoria, c. 12) covering +translations and including an authorization of a special treaty with +France. The fine arts copyright act of 1862 (25 & 26 Victoria, c. 68) +extended copyright to paintings, drawings, and <a name="Page_30" +id="Page_30"></a><span class="pagenum">[Pg 30]</span>photographs, hitherto +unprotected, for life and seven years. A fourth international copyright +act of 1875 (38 & 39 Victoria, c. 12) protected foreign dramatic works +from imitation or adaptation on the English stage, which had been +specifically permitted by the previous law, and in the same year "The +Canada copyright act" (38 & 39 Victoria, c. 53) gave effect to a +Canadian parliament act respecting copyright reprints.</p> + +<p class="sidenote"><a name="30"></a>The Royal Commission report of +1878</p> + +<p>"The law of England, as to copyright," says the report of the Royal +Copyright Commission, in a blue-book of 1878, "consists partly of the +provisions of fourteen Acts of Parliament, which relate in whole or in +part to different branches of the subject, and partly of common law +principles, nowhere stated in any definite or authoritative way, but +implied in a considerable number of reported cases scattered over the law +reports." The digest, by Sir James Stephen, appended to this report, is +presented by the Commission as "a correct statement of the law as it +stands." This digest is one of the most valuable contributions to the +literature of copyright, but the frequency with which such phrases occur +as "it is probable, but not certain," "it is uncertain," "probably," "it +seems," shows the state of the law, "wholly destitute of any sort of +arrangement, incomplete, often obscure," as says the report itself. The +digest is accompanied, in parallel columns, with alterations suggested by +the Commission, and it is much to be regretted that their work failed to +reach the expected result of an act of Parliament. The evidence taken by +the Commission forms a second blue-book, also of great value.</p> + +<p>This report and digest covered legislation through 1875, inclusive of +the Canada act. They seem also to have regarded, though the act is not +specified in the schedule, the consolidated customs act of 1876 (39 & +40 Victoria, c. 36), which incidentally contained the <a name="Page_31" +id="Page_31"></a><span class="pagenum">[Pg 31]</span>provisions for the +prohibition of the importation of copyright books.</p> + +<p class="sidenote"><a name="31a"></a>Later legislation</p> + +<p>Despite the recommendations of the Commission and several later +endeavors to pass a comprehensive copyright act,—of which the most +important was Lord Monkswell's bill introduced into Parliament on behalf +of the British Society of Authors, November 16, 1890, and given in full +with an analysis by Walter Besant in George Haven Putnam's "Question of +copyright"—later legislation in England has been confined +practically to two topics, international copyright and the vexed question +of musical compositions.</p> + +<p class="sidenote"><a name="31b"></a>International copyright</p> + +<p>The international copyright act of 1886 (49 & 50 Victoria, c. 43), +amending and extending, and in part repealing the earlier international +copyright acts and provisions, was intended to enable Great Britain, +through Orders in Council, to become a party to international agreements, +particularly the Berne copyright convention of 1886, ratified in 1887; +this was made effective with respect to the eight other countries which +were parties to the original Berne convention by the Order in Council of +November 28, 1887, taking effect December 6, 1887. The convention was to +extend to the British possessions, though with exceptions in some +respects. The revenue act of 1889 (52 & 53 Victoria, c. 42) extended +the prohibition of importation to foreign works copyrighted under the act +of 1886, "printed or reprinted in any country or state" other than that +"in which they were first published," if registered as required by the +customs authorities.</p> + +<p class="sidenote"><a name="31c"></a>Musical copyright</p> + +<p>The protection of musical compositions was in such confused and +unsatisfactory condition that special legislation was necessary. The +recent laws on this subject, described in detail in the chapter on +dramatic and musical copyright, include the copyright (musical <a +name="Page_32" id="Page_32"></a><span class="pagenum">[Pg +32]</span>compositions) act of 1882 (45 & 46 Victoria, c. 40); the +copyright (musical compositions) act of 1888 (51 & 52 Victoria, c. +17); the musical (summary proceedings) copyright act of 1902 (2 Edward +VII, c. 15); and the musical copyright act of 1906 (6 Edward VII, c. +36),—following the report of the Musical Copyright Committee of +1904,—which successively met imperfections developed in applying the +previous law.</p> + +<p class="sidenote"><a name="32a"></a>Committee report of 1909</p> + +<p>After the adoption of the revised international copyright convention +signed at Berlin November 13, 1908, modifying the Berne-Paris conventions, +a Committee on the law of copyright consisting of seventeen publicists, +authors, artists, publishers and others was appointed by minute of March +9, 1909, by the President of the Board of Trade, to consider and report +upon the modification of domestic legislation in conformity with the +Berlin agreement of 1908. The Committee made a report in December, 1909, +strongly advising that domestic legislation be brought into line with +international practice and that the copyright term in Great Britain be for +life and fifty years. With the report was printed a blue-book of minutes +of evidence, containing valuable appendixes which included a <i>projêt de +loi type</i> (model bill) on copyright, drafted by the International +Literary and Artistic Association, and an artistic copyright bill drafted +by the Artistic Copyright Society.</p> + +<p class="sidenote">Imperial copyright conference of 1909</p> + +<p>In the early part of 1909 an Imperial copyright conference was also +held in London, attended by Crown officials and representatives from all +of the self-governing dominions, at which certain resolutions for +copyright betterment were adopted. Its minutes and resolutions were also +presented to Parliament.</p> + +<p class="sidenote"><a name="32b"></a>The pending bill</p> + +<p>As a result of the deliberations and reports of these two bodies, "a +bill to amend and consolidate the law relating to copyright" (1 George V) +was introduced <a name="Page_33" id="Page_33"></a><span +class="pagenum">[Pg 33]</span>into the House of Commons July 26, 1910, in +the names of Mr. Buxton, Mr. Solicitor-General, Colonel Seely and Mr. +Tennant, the adoption of which would provide a copyright code similar in +extent to the American code of 1909, and applicable throughout the British +dominions, with the proviso that the self-governing dominions may accept +or modify the code or legislate separately, and providing also for +international copyright. The bill adopted most of the features of the +Berlin convention including the term of life and fifty years, covered +literary, dramatic, musical and artistic works, including architectural +works of art, and while distinguishing between first publication and +performance, included under copyright acoustic or visual performance or +exhibition and control for mechanical reproduction. The bill, somewhat +modified, was reintroduced into the subsequent Parliament March 30, 1911, +emerged from committee with important alterations July 13, 1911, and was +passed with slight additional changes by the House of Commons August 17, +and first read in the House of Lords August 18, 1911. On passage of the +House of Lords, it becomes effective July 1, 1912, unless earlier date is +provided by Order in Council. The bill repeals by specific schedule all +existing laws except specified sections in the fine arts copyright act of +1862, the musical copyright acts of 1902 and 1906, and the copyright +provisions in the customs consolidation act of 1876 and the revenue act of +1889. The provisions of the new measure are specifically treated and +summarized comprehensively in later chapters and the full text is given in +the appendix.</p> + +<p class="sidenote"><a name="33"></a>Design patents</p> + +<p>The bill does not, however, repeal the previous law as to copyright in +designs, which had continued to receive consideration during the Victorian +reign in laws, later than those cited, of 1858-1861, and thus <a +name="Page_34" id="Page_34"></a><span class="pagenum">[Pg +34]</span>finally became merged in the protection of patents. Thus +"designs capable of being registered under the patents and designs act, +1907," are specifically excepted under clause 22 of the proposed copyright +code.</p> + +<p class="sidenote"><a name="34"></a>Common law rights</p> + +<p>It seems possible that, under the precedent of the acts of 1775 and +1801, the common law rights practically taken away by the statute of Anne +and specifically abrogated by the proposed bill, could have been restored +by legislation. These restrictions have not only ruled the practice of +England ever since, but they were embodied in the Constitution of the +United States, and have influenced alike our legislators and our courts.</p> + +<p class="footnote"> <a name="footnote_1" id="footnote_1"></a> +<a href="#fnanchor_1">[1]</a> The votes on these decisions are given +differently in the several copyright authorities. These figures are +corrected from 4 Burrow's Reports, 2408, the leading English parliamentary +reports, and are probably right.</p> + +<p><a name="Page_35" id="Page_35"></a><span class="pagenum">[Pg +35]</span></p> + +<h3 class="p4">IV</h3> + +<h4>THE HISTORY OF COPYRIGHT IN THE UNITED STATES</h4> + +<p class="p2 sidenote"><a name="35a"></a>Constitutional provision</p> + +<p>The Constitution of the United States authorized Congress "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." Previous to its adoption, in 1787, the nation had no +power to act, but on Madison's motion, Congress, in May, 1783, recommended +the States to pass acts securing copyright for fourteen years.</p> + +<p class="sidenote"><a name="35b"></a>Early state legislation</p> + +<p>Connecticut in January, 1783, Massachusetts in March, 1783, and +Maryland in April, 1783, had already provided for copyright, twenty-one +years being the usual period. New Jersey on May 27, 1783, and New +Hampshire and Rhode Island in December of the same year, followed +Madison's suggestion. Pennsylvania and South Carolina in March, 1784, +Virginia and North Carolina in 1785, Georgia and New York in 1786, also +passed copyright acts, so that all the thirteen States except Vermont had +separately provided for copyright,—thanks to the vigorous copyright +crusade of Noah Webster, who traveled from capital to capital,—when +the United States statute of 1790 made them unnecessary.</p> + +<p class="sidenote"><a name="35c"></a>The act of 1790</p> + +<p>This act followed the precedent of the English act of 1710, and gave to +authors who were citizens or residents, their heirs and assigns, copyright +in books, maps and charts for fourteen years, with renewal for fourteen +years more, if the author were living at expiration of the first term. A +printed title must be deposited before publication in the clerk's office +of <a name="Page_36" id="Page_36"></a><span class="pagenum">[Pg +36]</span>the local United States District Court; notice must be printed +four times in a newspaper within two months after publication; a copy must +be deposited with the United States Secretary of State within six months +after publication; the penalties were forfeiture and a fine of fifty cents +for each sheet found, half to go to the United States; a remedy was +provided against unauthorized publication of manuscripts.</p> + +<p class="sidenote"><a name="36"></a>1802-1867<br /> + +<a name="37a"></a>The revised act of 1870<br /> + +<a name="37b"></a>1874-1882</p> + +<p>This original and fundamental act was followed by others—in 1802, +requiring copyright record to be printed on or next the title-page, and +including designs, engravings and etchings; in 1819, giving United States +Circuit Courts original jurisdiction in copyright cases; in 1831 (a +consolidation of previous acts), including musical compositions, extending +the term to twenty-eight years, with renewal for fourteen years to author, +widow, or children, doing away with the newspaper notice except for +renewals, and providing for the deposit of a copy with the district clerk +(for transmission to the Secretary of State) within three months after +publication; in 1834, requiring record of assignment in the court of +original entry; in 1846 (the act establishing the Smithsonian +Institution), requiring one copy to be delivered to that, and one to the +Library of Congress; in 1855, a postal provision for free mailing of +deposits; in 1856, securing to dramatists the right of performance; in +1859, repealing the provision of 1846 for the deposit of copies, and +making the Interior Department instead of the State Department the +copyright custodian; in 1861, providing for appeal in all copyright cases +to the Supreme Court; in 1865, including photographs and negatives, and +again requiring deposit with the Library of Congress, within one month +from publication; in 1867, providing $25 penalty for failure to deposit. +This makes twelve acts bearing on copyright up to 1870, <a name="Page_37" +id="Page_37"></a><span class="pagenum">[Pg 37]</span>when a general act +took the place of all, including "paintings, drawings, chromos, statues, +statuary, and models or designs intended to be perfected as works of the +fine arts." This did away with the local District Court system of +registry, and made the Librarian of Congress the copyright officer, with +whom printed title must be filed before, and two copies deposited within +ten days after, publication. In 1873-4 the copyright act was included in +the Revised Statutes as sections 4948 to 4971 (also see secs. 629 and +699), and in 1874 an amendatory act made legal a short form of record, +"Copyright, 18__, by A. B.," and relegated labels to the Patent Office. +In 1879 the Post Office appropriation bill contained a proviso against the +transmission of any publication which violates copyright; in 1882 an +amendment dealt with the position of the copyright notice on moulded, +decorative articles, etc.</p> + +<p class="sidenote"><a name="37c"></a>International copyright legislation, +1891</p> + +<p>In 1891 there was passed, after a long campaign, the so-called +international copyright act, extending copyright to the citizens of other +nations in case of reciprocal grants by such nations, and providing that +the copyright on books and certain other articles should be conditioned on +manufacture in the United States. In 1893 an amendatory act gave the same +effect to copies deposited "on or before publication." In 1895 the public +documents bill provided that no government publication should be +copyrighted, and another bill imposed penalties in the case of +infringement of photographs and of original works of art. In 1897 an act +provided that unauthorized representation, wilful and for profit, of any +dramatic or musical composition is a misdemeanor punishable by +imprisonment; another act provided for the appointment of a Register of +Copyrights under the direction and supervision of the Librarian of +Congress; and a <a name="Page_38" id="Page_38"></a><span +class="pagenum">[Pg 38]</span>third act provided penalty for printing +false claim of copyright and prohibited the importation of articles +bearing a false claim of copyright. In 1904 provision was made for +protection to exhibitors of foreign literary, artistic or musical works at +the Louisiana Purchase Exposition. A bill of 1905 permitted <i>ad +interim</i> copyright for one year of books published abroad if registered +here within thirty days publication and bearing notice of reservation.</p> + +<p class="sidenote"><a name="38a"></a>Private copyright acts</p> + +<p>A curious incident in American copyright legislation has been the +passage of private copyright acts, nine in all, of which the earliest in +1828, as amended in 1830 and 1843, continued the copyright of John Rowlett +"in a useful book, called Rowlett's Tables of discount and interest" from +its original publication in 1802 till 1858,—curiously the present +period of fifty-six years. In 1849 the copyright of Levi H. Corson in a +perpetual calendar or almanac was renewed by special act. In 1854 an +appropriation of $10,000 was made to Thomas H. Sumner for his new method +of ascertaining a ship's position and the copyright was extinguished. In +1859 a special act gave to "Mistress Henry R. Schoolcraft" and her heirs +for fourteen years the right to republish her husband's work on the Indian +tribes originally published by order of Congress and to make any +abridgement thereof, and a similar special copyright was voted in 1866 for +Herndon's "Exploration of the Amazon" for his widow. An act of 1874 +authorized the validation of William Tod Helmuth's work on surgery which +had been imperfectly entered for copyright two years before, and a ninth +private act in 1898 validated for like reason the copyright of Judson +Jones in a work on orthoepy.</p> + +<p class="sidenote"><a name="38b"></a>American possessions</p> + +<p>In 1900 the act for the government of the territory of Hawaii repealed +the Hawaiian copyright act of 1888 and extended United States copyright to +Hawaii. <a name="Page_39" id="Page_39"></a><span class="pagenum">[Pg +39]</span>In the same year the act providing temporary government for +Porto Rico extended the copyright laws to that island. In 1904 the +Attorney General rendered an opinion that Philippine authors were entitled +to United States copyright but that the book must be manufactured within +the United States. Hawaii, Porto Rico and the Philippine Islands, as well +as Alaska, were later included by name in the jurisdiction of the code of +1909. American copyright was extended to the Canal Zone by War Department +order in 1907.</p> + +<p class="sidenote"><a name="39a"></a>The American code of 1909</p> + +<p>Finally, in 1909, there was passed the new copyright code repealing all +previous legislation and providing comprehensively for the whole subject +of copyright, literary, artistic, dramatic, musical, or other. Under this +code copyright is effected by publication with the statutory notice of +copyright and completed by registration of two deposit copies sent to the +Copyright Office promptly after publication. The manufacturing clause is +continued and extended to require printing and binding as well as +type-setting within the United States. The musical author is given control +over mechanical reproductions though under provision for compulsory +license in case he permits any such reproduction. The copyright term is +for twenty-eight years with a like renewal term, making fifty-six years. +Rights of performance are included under copyright, and unpublished works +are specifically protected by special registration. These are the salient +features of the code which is stated and discussed in detail in succeeding +chapters.</p> + +<p class="sidenote"><a name="39b"></a>State protection of playright</p> + +<p>In line with the dramatic act of 1897, the dramatic authors between +1895 and 1905 procured state legislation in the States of New Hampshire, +New York, Louisiana, Oregon, Pennsylvania, Ohio, New Jersey, +Massachusetts, Minnesota, California, Wisconsin, <a name="Page_40" +id="Page_40"></a><span class="pagenum">[Pg 40]</span>Connecticut and +Michigan, differing somewhat in form, to give effect to the federal +copyright laws in respect to dramatic performance or to apply the +principles of common law through the punishment of dramatic companies +disregarding performing rights.</p> + +<p class="sidenote">Citations<br /> + +<a name="40a"></a>Trade-Mark act</p> + +<p>Citations of all these laws will be found in Appendix A of the report +of copyright legislation from the Register of Copyrights, included in the +report of the Librarian of Congress for 1904; and the full text of the +United States acts, except the later ones, are given in "Copyright +Enactments 1783-1904" issued from the Copyright Office in 1905 as Bulletin +No. 3, and in a second revised and enlarged edition, extending to 1906, +reissued in 1906. The Trade-Mark act of February 20, 1905, supplemented by +an act of May 4, 1906, covers the protection of labels, etc., excluded +from copyright by the copyright act, and is given, with a list of +trade-mark laws of foreign nations, and trade-mark treaties with them, +rules, indexes, etc., in a Government publication, entitled "United States +Statutes concerning the registry of trade-marks with the rules of the +Patent Office relating thereto."</p> + +<p class="sidenote"><a name="40b"></a>Common law relations</p> + +<p>The act of 1790 received an interpretation, in 1834, in the case of +Wheaton <i>v.</i> Peters (rival law reports), at the bar of the U. S. +Supreme Court, which placed copyright in the United States exactly in the +<i>status</i> it held in England after the decision of the House of Lords +in 1774. The court referred directly to that decision as the ruling +precedent, and declared that by the statute of 1790 Congress did not +affirm an existing right, but created a right. It stated also that there +was no common law of the United States and that (English) common law as to +copyright had not been adopted in Pennsylvania, where the case arose. So +late as 1880, in Putnam <i>v.</i> Pollard, claim was made that this ruling +decision did not apply in New York, <a name="Page_41" +id="Page_41"></a><span class="pagenum">[Pg 41]</span>which, in its statute +of 1786, expressly "provided, that nothing in this act shall extend to, +affect, prejudice, or confirm the rights which any person may have to the +printing or publishing of any books or pamphlets at common law, in cases +not mentioned in this act." But the N. Y. Supreme Court decided that the +precedent of Wheaton <i>v.</i> Peters nevertheless held. During the +discussion of the present copyright code, Edward Everett Hale consulted +with other veteran authors whose early works were passing out of +copyright, with the intention of bringing a test case for the extension of +copyright under common law after the expiration of the statutory period. +But on proposing such a case to legal counsel he became assured that such +a suit could not be maintained.</p> + +<p class="sidenote">Divided opinions</p> + +<p>As in the English case of Donaldson <i>v.</i> Becket, the decision in +the American ruling case of Wheaton v. Peters came from a divided court. +The opinion was handed down by Justice McLean, three other judges +agreeing, Justices Thompson and Baldwin dissenting, a seventh judge being +absent. The opinions of the dissenting judges, given in Eaton S. Drone's +"A treatise on the law of property in intellectual productions," +constitute one of the strongest statements ever made of natural rights in +literary property, in opposition to the ruling that the right is solely +the creature of the statute. "An author's right," says Justice Thompson, +"ought to be esteemed an inviolable right established in sound reason and +abstract morality." There seems, indeed, to be a sense of natural +copyright among the American Indians; an Ojibwa brave will not sing the +song belonging to another tribe or singer, and a Chippewa youth may learn +his father's songs, on a customary gift of tobacco, but does not inherit +the right to sing them.</p> + +<p><a name="Page_42" id="Page_42"></a><span class="pagenum">[Pg +42]</span></p> + +<h3 class="p4">V</h3> + +<h4>SCOPE OF COPYRIGHT: RIGHTS AND EXTENT</h4> + +<p class="p2 sidenote"><a name="42a"></a>General scope</p> + +<p>The scope of copyright, or the nature and extent of the right or +privilege, may be said to cover at common law identical rights with those +in any other property, to use the phrase which, in Siam, transfers these +rights to statutory law, but in statutory law must be taken to depend upon +the terms of the statute.</p> + +<p class="sidenote"><a name="42b"></a>American provisions</p> + +<p>The new American copyright code, passed March 4, 1909, and in force +July 1, 1909, in its fundamental provision broadly sets forth and +specifically defines the scope of copyright, by providing (sec. 1): "That +any person entitled thereto, upon complying with the provisions of this +Act, shall have the exclusive right:</p> + +<p>"(a) To print, reprint, publish, copy, and vend the copyrighted +work;</p> + +<p>"(b) To translate the copyrighted work into other languages or +dialects, or make any other version thereof, if it be a literary work; to +dramatize it if it be a non-dramatic work; to convert it into a novel or +other non-dramatic 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;</p> + +<p class="sidenote"><a name="42c"></a>Oral addresses</p> + +<p>"(c) To deliver or authorize the delivery of the copyrighted work in +public for profit if it be a lecture, sermon, address, or similar +production;</p> + +<p class="sidenote"><a name="42d"></a>Dramas</p> + +<p>"(d) To perform or represent the copyrighted work publicly if it be a +drama, or, if it be a dramatic work and not reproduced in copies for sale, +to vend any manuscript or any record whatsoever thereof; to make or to +procure the making of any transcription <a name="Page_43" +id="Page_43"></a><span class="pagenum">[Pg 43]</span>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, represent, produce, or reproduce it in any manner or by +any method whatsoever;</p> + +<p class="sidenote"><a name="43a"></a>Music</p> + +<p>"(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 set forth in subsection (a) hereof, to make 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"—which last +clause is, however, limited by an elaborate proviso requiring the +licensing of mechanical musical reproductions in case the copyright +proprietor permits any reproduction by that means, which proviso is given +in full in the chapter on mechanical music.</p> + +<p class="sidenote"><a name="43b"></a>Previous American law</p> + +<p>The American law previously defined the scope of copyright (Rev. Stat. +sec. 4952), as "the sole liberty of printing, reprinting, publishing, +completing, copying, executing, finishing, and vending the same; and, in +the case of a dramatic composition, of publicly performing or representing +it, or causing it to be performed or represented by others. And authors +may reserve the right to dramatize or to translate their own works." The +new code is both broader and more definite.</p> + +<p class="sidenote"><a name="43c"></a>Unpublished works</p> + +<p>The new American code is specific in preserving to an author previous +to the publication of his work all common law rights in the comprehensive +language (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 <a name="Page_44" id="Page_44"></a><span class="pagenum">[Pg +44]</span>unpublished work without his consent, and to obtain damages +therefor."</p> + +<p class="sidenote"><a name="44a"></a>Common law scope</p> + +<p>In the Washburn form of the copyright bill it was proposed to include a +clause to the effect "that subject to the limitations and conditions of +this Act copyright secured hereunder shall be entitled to all the rights +and remedies which would be accorded to any other species of property at +common law." But this provision was not accepted by the Congressional +Committees and does not form part of the copyright code as enacted.</p> + +<p class="sidenote"><a name="44b"></a>Common law in U. S. +practice</p> + +<p>The common law of England became the common law of its colonies and +finally of the sovereign States of the United States, and common law is +therefore administered by the state rather than by the federal courts. In +the case of Wheaton <i>v.</i> Peters, the U. S. Supreme Court went so +far as to say "there is no common law of the United States," but federal +courts accept and apply in each State the common law as accepted in that +State, and in later years the U. S. Supreme Court has held, as in +1901, in Western Union Tel. Co. <i>v.</i> Call Pub. Co., that where there +is a conflict between the common law as accepted by different States or +where the rule adopted is not in accord with federal courts, the United +States courts will recognize and enforce the common law of England. This +use by the federal courts, as here pointed out by Justice Brewer, is +peculiarly applicable to interstate transactions. The effect of section 2 +of the copyright code is to give the federal courts the special authority +of Congress to accept and enforce the principles of common law and of +equity in the case of unpublished works.</p> + +<p class="sidenote"><a name="44c"></a>Statutory limitations</p> + +<p>But in the case of a published work, the courts have denied to +copyright works some of the rights and remedies applicable previous to +publication, because <a name="Page_45" id="Page_45"></a><span +class="pagenum">[Pg 45]</span>not specifically granted by statute, in +accordance with the established rule that no rights or remedies will be +allowed by the courts unless specifically granted. But the common law +right of the author is recognized by the courts notwithstanding the +publication of his work, if that is done without the author's consent. In +1896, in the case of Press Pub. Co. <i>v.</i> Monroe, the doctrine was +specifically held by the U. S. Circuit Court of Appeals through Judge +Lacombe, that the unauthorized publisher may be restrained and damages +obtained by civil action, and recovery in such an action will not divest +the author of any of his rights or invest any of his rights in the +infringer or the public.</p> + +<p class="sidenote"><a name="45"></a>General rights</p> + +<p>Thus the owner of a copyrightable work may (before publication), as +with other personal property, preserve his work exclusively for his own +use, or he may (1) print, (2) reprint, (3) publish, (4) copy, or (5) vend +it; or</p> + +<p>If it be a literary work he may (6) translate it, or (7) make any other +version thereof, or (8) dramatize it; or</p> + +<p>If a work for oral delivery he may (9) deliver or authorize delivery in +public for profit; or</p> + +<p>If it be a dramatic work he may (10) convert it into a novel or other +non-dramatic form or (11) perform or represent it, or (as in 5) vend any +manuscript or record thereof, or (12) make or cause to be made any +transcription or record thereof; or (13) exhibit, perform, produce, or +reproduce it in any manner or by any method; or</p> + +<p>If it be a musical work he may (14) arrange or (15) adapt it, or (as in +11) perform it publicly for profit, or (16) make any arrangement or (17) +setting of the melody in any notation or by any form of record (the last +subject to the license provision of the statute); or</p> + +<p><a name="Page_46" id="Page_46"></a><span class="pagenum">[Pg 46]</span> If +a design for a work of art, he may (18) complete, execute, and finish +it,</p> + +<p>—all these being specifically reserved and granted to the author, +although in somewhat complex and overlapping phraseology, by the new +American code.</p> + +<p class="sidenote"><a name="46a"></a>Inferential rights</p> + +<p>Or, in utilizing his rights at common law or as above granted by +statute, he may (19) give, (20) lend, (21) grant, (22) sell, (23) +manufacture, (24) lease or license, (25) mortgage, or (26) devise his work +or the use of it, or (27) it may pass by inheritance,—as pointed out +by Arthur Steuart, chairman of the Copyright Committee of the American Bar +Association, in his argument before the Congressional Committees.</p> + +<p class="sidenote"><a name="46b"></a>Differentiated rights</p> + +<p>Or, as also pointed out by Mr. Steuart, he may "impose upon any of +these estates any condition or limit," as by limiting the use (28) for +special purposes, (29) at a special price, or (30) for a special time, or +(31) in a special locality, or (32) to a special person.</p> + +<p class="sidenote"><a name="46c"></a>Court protection</p> + +<p>The rights scheduled, adds Mr. Steuart, the courts will protect (a) "in +equity by injunction and the recovery of profits"; or (b) "at law by a +civil action for trespass or conversion, with a recovery of special +damages for actual injury or punitive damages for injury to reputation, or +by replevin for the recovery of possession of the work, as well as by any +other form of action known to the common law or statute law and proper to +the protection of this class of property."</p> + +<p class="sidenote"><a name="46d"></a>Division of rights</p> + +<p>The owner of the copyright of a book may thus publish a limited edition +of his book and sell it to whom he may please, or for a specified market. +Such specified or divided rights are recognized in Germany as +"<i>getheiltes Verlagsrecht</i>," in France as "<i>édition partagée</i>," +and there is specific reference to them in the German copyright law. Some +of the specified rights are cognate to the rights of a proprietor of land +to sell a piece of land subject to certain restrictions, <a name="Page_47" +id="Page_47"></a><span class="pagenum">[Pg 47]</span>agreed upon with the +purchaser or imposed upon the title in the deed of transfer. As in the +frequent practice of restricting use for the purposes of a stable or a +shop, or requiring that only one house shall be built on a specified +number of lots.</p> + +<p class="sidenote"><a name="47"></a>Analysis of property rights</p> + +<p>In an elaborate discussion of fundamental principles in his opinion in +Harper <i>v.</i> Donohue, in 1905, affirmed by the Circuit Court of +Appeals in 1906, Judge Sanborn analyzed the property rights of an author +before publication, after unrestricted publication and after publication +under the copyright acts. Among the rights before publication he mentions +"the right to sell and assign the author's interest, either absolutely or +conditionally, with or without qualification, limitation or restriction, +territorial or otherwise, by oral or written transfer. Such literary +property is not subject either to execution or taxation, because this +might include a forced sale, the very thing the owner has the right to +prevent." "Unrestricted publication," he says, "without copyright, is a +transfer to the public to do most of the things the author might do, in +common with the author, except all right of transfer and sale, which +remains to the author; but without advantage, since the work has become, +by the publication, common property." "The copyright acts," he concludes, +"substantially give the following additional rights: To copyright, and +thus secure the sole privilege of unlimited multiplication and sale of +copies; to sell or transfer the unlimited right of reproduction, sale and +publication, the limited right of serial publication, the right of +publication in book form, the right of translation, the right of +dramatization or one or more of these rights in specific territory, and +the right to secure a copyright either generally, or in one or more +countries whose laws permit it, either in the name of the author <a +name="Page_48" id="Page_48"></a><span class="pagenum">[Pg 48]</span>or +assignee. Also the right to the author to license the sale or other +restricted enjoyment of some lesser right, without the power to +copyright."</p> + +<p>The courts have indeed held to very broad principles as to such rights. +In the case of Press Pub. Co. <i>v.</i> Monroe, the court said:</p> + +<p class="sidenote"><a name="48a"></a>Broad interpretation</p> + +<p>"The right of property includes the right to transfer the subject of it +or any interest in it by gift, grant, or device. And if the fruits of +mental effort are regarded as property, like all other possessions, they +descend to the legatees, the executors, and administrators of their +creditors; they pass by sale or gift to their transferees; the use of +them, limited or unlimited, goes to their licensees, and, logically, the +power of the State is bound to protect forever the successive owners in +the exclusive use and enjoyment thereof."</p> + +<p class="sidenote"><a name="48b"></a>Limits of protection</p> + +<p>Where these latter rights are not specifically granted by statute, the +rule has been established by the courts that they will be upheld so far as +necessarily inferable from the rights granted and not further. It is under +this rule that the greater number of the mooted questions in the +application of copyright law have arisen in respect to the scope of +copyright. Most of these specific rights are in fact necessary inferences +from the statute, in the protection of the property rights therein +conferred, but the courts will not go beyond fair construction of the +letter of the statute.</p> + +<p class="sidenote"><a name="48c"></a>Differentiated contracts</p> + +<p>In respect to the rights to give, lend, grant, manufacture, lease or +license, mortgage or devise copyright property, it may be said that these +are subsidiary rights conditioned on and essential to the general right of +property in copyrightable or copyrighted material. An author may exercise +any of these rights in respect to his unpublished work so far as they are +applicable to it, or to his copyrighted work after publication; and either +the copyrightable manuscript or <a name="Page_49" id="Page_49"></a><span +class="pagenum">[Pg 49]</span>the copyrighted work may pass by +inheritance. Thus an author may manufacture, or cause to be manufactured, +his unpublished work, and he may retain exclusive control over the +manufactured copies so long as he pleases before publishing the work; and +after publication (which involves placing on public sale, or publicly +distributing) he may exercise these rights negatively by withdrawing his +work from further sale. The English law, however, contains a provision +that in certain cases the Crown may require continuance of +publication.</p> + +<p class="sidenote"><a name="49"></a>Enforcement in limited grants</p> + +<p>In respect to the right to limit the use of his work under his sale, +gift, loan, grant, lease, etc., for a special purpose or at a special +price, or for a special time, or in a special locality or to a special +person, these powers of limitation, though implied in the grant of +copyright, are dependent for their enforcement rather upon the law of +contracts than upon copyright law.</p> + +<p>There can be no such thing as a copyright for a special purpose or for +a special locality, or under other special conditions, for there can be +only one copyright, and that a general copyright, in any one work. But +specific contracts can be made, enforceable under the law of contracts, as +for the sale of a copyrighted book within a certain territory, provided +such contracts or limitations are not contrary to other laws. Although +record of assignment in the Copyright Office is provided for by the law +only for the copyright in general, the separate estates as a right to +publish in a periodical and the right to publish as a book may be sold and +assigned separately, and the special assignment recorded in the Copyright +Office, though this does not convey a right to substitute in the copyright +notice a name other than that of the recorded proprietor of the general +copyright, which can only be changed as <a name="Page_50" +id="Page_50"></a><span class="pagenum">[Pg 50]</span>specifically provided +in the law under recorded assignment of the entire copyright.</p> + +<p class="sidenote"><a name="50"></a>Copyright as monopoly</p> + +<p>Copyright is a monopoly to which the government assures protection in +granting the copyright. It is a monopoly not in the offensive sense, but +in the sense of private and personal ownership; the public is not the +loser but is the gainer by the protection and encouragement given to the +author. The whole aim of copyright protection is to permit the author to +sell as he pleases and to transfer his rights collectively or severally to +such assigns as he may choose. Copyright is a monopoly only in the sense +that any ownership is a monopoly. Says Herbert Spencer: "If I am a +monopolist, so also are you; so also is every man. If I have no right to +those products of my brain, neither have you to those of your hands. No +one can become the sole owner of any article whatever; and all property is +'robbery.'" In the copyright debates of 1891, Senator O. H. Platt rightly +said: "The very essence of copyright is the privilege of controlling the +market. That is the only way in which a man's property in the work of his +brain can be assured." And as Senator Evarts pointed out in the same +debate: "The sole question is what we shall do concerning something which +is the essential nature of copyright and patent protection, namely, +monopoly." In discussing patent monopoly and the law of contracts in +Victor Talking Machine Co. <i>v.</i> The Fair, the U. S. Circuit +Court of Appeals, through Judge Baker, said, in 1903, that "within his +domain the patentee is czar. The people must take the invention on the +terms he dictates or let it alone for seventeen years." Thus as the +government grants and guarantees the monopoly, it is not to be taken as in +restraint of trade or otherwise contrary to law. Said Judge Cullen in the +case of Murphy <i>v.</i> Christian Press Association, in the Appellate +Division of the <a name="Page_51" id="Page_51"></a><span +class="pagenum">[Pg 51]</span>N. Y. Supreme Court, in 1899, decisions as +to agreements in restraint of trade "have no application to agreements +concerning copyrights and patents, the very object of which is to give +monopolies."</p> + +<p class="sidenote">Limit only in term</p> + +<p>Copyright being in essence a monopoly giving to the copyright +proprietor "exclusive rights," as the Constitution provides, the only +limitation upon it should be that indicated in the Constitution which +confines protection to "limited times." The opponents of copyright have +frequently taken the course of falling back upon the plea that in the +interests of the public the author should not have exclusive right to his +writings and to manage his own affairs, but that Congress should prescribe +how he should market his property. This commonly takes shape in the +licensing scheme known in England as the Farrer plan and in America as the +Pearsall-Smith plan, with respect to books; and in the passage of the +"international copyright amendment" of 1891 this plan was made the basis +of attack upon the measure. An analysis of the scheme as presented by R. +Pearsall-Smith of Philadelphia is given by G. H. Putnam, from the book +publisher's point of view, in the "Question of copyright." In the work on +"The law and history of copyright," by Augustine Birrell, a member of the +present British cabinet, this plan is characterized as a "preposterous +scheme." In the case of a book, for instance, a publisher often suggests +to the author the general idea of the book, so that it would be doubly +unjust to permit any other publisher to issue that book on the compulsory +license scheme; and this might hold true, although to less extent, in +other fields of copyright. In any event, the original publisher makes +large investment not only in type-setting, printing, and binding a book, +or in the publishing of any other work, but in advertising and making a <a +name="Page_52" id="Page_52"></a><span class="pagenum">[Pg +52]</span>market, and that a rival publisher should have the benefit of +this market without paying the cost is a violation of the very essence of +property. This scheme, however, is applied, in a limited way and as a +compromise, respecting mechanical music, in the American code of 1909, and +constitutes its most serious defect. There is question, indeed, whether +the compulsory license and fixed price may not be an unconstitutional +provision. This matter is more fully discussed in later chapters.</p> + +<p class="sidenote"><a name="52a"></a>Altered theory of copyright</p> + +<p>It should be noted that whereas the previous American law required +certain statutory formalities before publication, the new American code +somewhat alters the theory of copyright, and more nearly conforms +statutory with common law, by making publication with notice the initial +copyright act and registration and deposit secondary acts necessary for +the completion of the copyright and its protection under the statute.</p> + +<p class="sidenote"><a name="52b"></a>Publishing</p> + +<p>The definition of the date of publication (sec. 62) as "the earliest +date when copies of the first authorized edition were placed on sale, +sold, or publicly distributed by the proprietor of the copyright or under +his authority" remedies the vagueness of the previous law and adopts into +the statute court decisions to the effect that acts not by the authority +of the author or proprietor do not constitute publication in the sense of +dedication to the public. In other words, it is made clear that the right +to publish inheres in the author and that he cannot be divested of it +without his consent. This is the fundamental principle of the new law in +the vital matter of protecting the author at the critical point at which +an unpublished work, absolutely his own, becomes a published work, subject +to statute. In this respect the American code of 1909 comes very close to +the acceptance of the right <a name="Page_53" id="Page_53"></a><span +class="pagenum">[Pg 53]</span>in intellectual property as a natural and +inherent right.</p> + +<p class="sidenote"><a name="53a"></a>What constitutes publishing</p> + +<p>As to what constitutes publishing, interpretation by the courts based +on previous law will in many respects be applicable to the new code. A +book which has been sold or leased to subscribers on a contract of +restricted use is none the less published, as was set forth in the opinion +by Chief Judge Parker of the N. Y. Court of Appeals in Jewellers' +Mercantile Agency <i>v.</i> Jewellers' Weekly Pub. Co. in 1898, and in the +opinion by Judge Putnam of the U. S. Circuit Court in Massachusetts +in Ladd <i>v.</i> Oxnard in 1896, both having reference to credit-rating +books leased to subscribers for their individual use.</p> + +<p class="sidenote"><a name="53b"></a>"Privately printed" works</p> + +<p>Publication depends upon sale or offer to the public, and it is a +question whether the sale or offer of a copyrightable work, as the +proceedings or publications of a society, to the members of that society +only, constitutes publication, to be passed upon by the courts in view of +the specific facts. A work "privately printed" or with the imprint +"printed but not published," given or even sold by the author to his +friends, and not sold generally by his authority, would probably not be +held to be published; but the courts would probably hold that the sale of +a work, though "privately printed," to merely nominal members of a nominal +society, made up of the purchasers of the work, would constitute +publication and, if without copyright notice, dedication.</p> + +<p class="sidenote"><a name="53c"></a>Copying</p> + +<p>As to the right to copy, this word in the broad sense as interpreted by +the courts, covers the duplicating or multiplying of copies within the +stated scope of the statute. It was argued in the mechanical music cases +that the word copy extends to any form or method of duplication by which +the thought of the author can be recorded or conveyed, but, as more fully +stated in <a name="Page_54" id="Page_54"></a><span class="pagenum">[Pg +54]</span>the chapter on mechanical music, the U. S. Supreme Court in +White-Smith <i>v.</i> Apollo Co. in 1908 upheld the decision below that a +perforated roll is not a <i>copy</i> in fact of staff notation, and thus +limited the statutory use of the word to duplication by similar or +corresponding process. It was for this reason that such specific phrases +as "to make any other version," "to convert," "to arrange or adapt," "to +make transcription or record" were included in the new code, although +these would be included in the broader sense of the right "to copy."</p> + +<p class="sidenote"><a name="54a"></a>Vending</p> + +<p>The right to vend covers by a comprehensive word those general rights +of sale through which only can the author obtain remuneration for his +work. The most important question which has arisen in respect to the +application of this word, which is used both in the previous laws and in +the present code, has been as to the use of this exclusive right to limit +the conditions of sale after the original sale from the author or +proprietor as vendor to the immediate vendee. The courts have in general +held that the copyright and patent laws, while creating a legal monopoly +for the author or original proprietor, do not authorize any continuing +control, and have indeed gone so far as to indicate that a sale is +absolute and complete unless limited by special contract within the +principles of common or statutory law of contracts. In the leading case of +Keeler v. Standard Folding Bed Co., the U. S. Supreme Court in 1895, +through Justice Shiras, said:</p> + +<p class="sidenote"><a name="54b"></a>Control of sale</p> + +<p>"Upon the doctrine of these cases we think it follows that one who buys +patented articles of manufacture from one authorized to sell them becomes +possessed of an absolute property in such articles, unrestricted in time +or place. Whether a patentee may protect himself and his assignees by +special contracts <a name="Page_55" id="Page_55"></a><span +class="pagenum">[Pg 55]</span>brought home to the purchaser is not a +question before us and upon which we express no opinion. It is, however, +obvious that such a question would arise as a question of contract, and +not as one under the inherent meaning and effect of the patent laws."</p> + +<p class="sidenote"><a name="55"></a>Specific relation to copyrights: the +Macy cases</p> + +<p>This question in specific relation to copyrights again came before the +U. S. Supreme Court in a series of cases, known as the Macy cases, +between Isidor and Nathan Straus doing business as R. H. Macy & Co., on +the one side, and the Bobbs-Merrill Co. and Charles Scribner's Sons as the +respective defendants.</p> + +<p>In both cases, the publishers had sought to maintain the retail price +of a book, as a right under the copyright law. The Bobbs-Merrill Co. +copyrighted the "Castaway" May 18, 1904, and immediately below the +copyright notice printed the following in each copy: "The price of this +book at retail is one dollar net. No dealer is licensed to sell it at a +less price, and a sale at a less price will be treated as an infringement +of the copyright."</p> + +<p>The Scribners sought to accomplish the same purpose as to their +copyright books by printing in their catalogues, invoices and bills of +goods the following notice: "Copyrighted net books published after May 1, +1901, and copyrighted fiction published after February 1, 1902, are sold +on condition that prices be maintained as provided by the regulations of +the American Publishers' Association."</p> + +<p>New dealers were required by the American Publishers' Association, in +consideration of a discount allowed by the publisher in question, to enter +into an agreement as indicated, but this agreement Macy & Co. refused +to accept and they bought books as best they could and sold them at "cut +rates," thus inducing <a name="Page_56" id="Page_56"></a><span +class="pagenum">[Pg 56]</span>dealers from whom the purchases were made to +violate the agreement with the publishers.</p> + +<p class="sidenote"><a name="56a"></a>The Bobbs-Merrill case</p> + +<p>In the leading case of Bobbs-Merrill Co., appellant, <i>v.</i> Straus, +the opinion of the U. S. Supreme Court was delivered June 1, 1908, by +Justice Day, who said: "The precise question in this case is, does the +sole right to vend (named in section 4952) secure to the owner of the +copyright the right, after a sale of the book to a purchaser, to restrict +future sales of the book at retail to the right to sell it at a certain +price per copy, because of a notice in the book that a sale at a different +price will be treated as an infringement, which notice has been brought +home to one undertaking to sell for less than the named sum? We do not +think the statute can be given such a construction, and it is to be +remembered that this is purely a question of statutory construction. There +is no claim in this case of contract limitation, nor license agreement +controlling the subsequent sales of the book. In our view the copyright +statutes, while protecting the owner of the copyright in his right to +multiply and sell his production, do not create the right to impose by +notice, such as is disclosed in this case, a limitation at which the book +shall be sold at retail by future purchasers, with whom there is no +privity of contract."</p> + +<p class="sidenote"><a name="56b"></a>The Scribner case</p> + +<p>In the Scribner case the decision delivered on the same day by the same +justice, upheld the lower courts in their view, "that there was nothing in +any of the notices of a claim of right or reservation under the copyright +law," and "that independent of statutory law" the question of relief in +equity was not open to the federal courts because there was no diversity +of citizenship nor claim above $2000 "requisite to confer jurisdiction of +questions of rights independent of the copyright statutes." On the +allegations of the <a name="Page_57" id="Page_57"></a><span +class="pagenum">[Pg 57]</span>bill as to alleged contributory infringement +by inducing dealers to sell in violation of agreement, on which the lower +courts held that complainants had not proved an agreement based upon their +printed notice, the Supreme Court declined to review the question of +fact.</p> + +<p class="sidenote"><a name="57a"></a>English underselling case</p> + +<p>In the English case of Larby <i>v.</i> Love, in 1910, however, Justice +Bucknill in the King's Bench held the defendant liable for damages for the +sale of certain maps to undersellers in disregard of prohibitions +specified in the bill of sale.</p> + +<p class="sidenote"><a name="57b"></a>Suits under state law</p> + +<p>The Macy cases included suits in the New York State courts by Straus +<i>v.</i> American Publishers' Association <i>et al.</i>, claiming that +the action of the publishers in endeavoring to maintain rates constituted +a conspiracy in restraint of trade contrary to the statutes. The N. Y. +Court of Appeals held, through Chief Judge Parker, that the agreements +would have been free from legal objections if confined solely to copyright +publications, but were contrary to the statute in affecting the right of a +dealer to sell books not copyrighted at the price he chooses. The +copyright side of the question was again pressed in the lower courts and +reached the Court of Appeals a second time in 1908, when it was passed +upon by a divided court, four to three, Judge Gray for the court declining +to review its previous action. The dissenting judges, through Judge +Bartlett, held that the decision of the U. S. Supreme Court in the +Bobbs-Merrill case did apply in the current case and that the State Court +of Appeals should therefore conform its decision to the finding of the +federal Supreme Court. The question has been brought into the federal +courts in a new series of suits, and it has yet to be finally settled by +the U. S. Supreme Court, whether the legal monopoly conferred by the +copyright statute safeguards <a name="Page_58" id="Page_58"></a><span +class="pagenum">[Pg 58]</span>the copyright proprietor against certain +provisions of the anti-trust laws, state or national.</p> + +<p class="sidenote"><a name="58a"></a>Translating<br /> + +<a name="58b"></a>"Other version"</p> + +<p>The right "to translate into other languages or dialects" is +strengthened in the new American code by the addition of the phrase "or to +make any other version thereof," and the author is thus given exclusive +right and entire control as to translation of his original work by himself +or others, without specific reservation of rights except as implied and +included in the general copyright notice. The broad phrase "make any +other version thereof" may cover not only translation into another +language, but into another literary form as from prose into poetry or +<i>vice versa</i>. No case involving construction of this phrase seems yet +to have arisen to be decided by the courts; but the author of a narrative +poem, like Owen Meredith's "Lucile" or Tennyson's "Enoch Arden," could +probably prevent the transformation of his poetical work into equivalent +prose; and a novelist would have probably a like protection in case of an +attempt to duplicate or transform his story as a narrative poem. This view +is confirmed by the analogous specific protection of the right to +dramatize a work or convert a drama into non-dramatic form.</p> + +<p class="sidenote"><a name="58c"></a>Translating term</p> + +<p>The exclusive right "to translate the copyrighted work into other +languages or dialects, or make any other version thereof, if it be a +literary work; to dramatize it if it be a non-dramatic work" are granted +by the act for the same period as the term of original copyright and the +renewal term, instead of for a shorter period, as ten years, as is the +case in certain foreign legislation. The right to translate or to +dramatize is separate from the right to copyright a translation or +dramatization, as is shown by the fact that a translation or dramatization +can be separately copyrighted for a term extending from its own date of <a +name="Page_59" id="Page_59"></a><span class="pagenum">[Pg +59]</span>publication and therefore possibly beyond the copyright term of +the original work, though on the expiration of the primary copyright any +one else may make a translation or dramatization despite the continuing +existence of the copyright in the authorized translation or dramatization. +These subjects are more specifically discussed for translations under the +subject-matter of copyright and for dramatizations under dramatic and +musical copyright.</p> + +<p class="sidenote"><a name="59a"></a>Oral delivery</p> + +<p>The exclusive right to deliver orally addresses and similar productions +is now specifically included in the American law, as in the laws of some +other countries, and probably involves the right to register, before +publication, any literary production intended for oral delivery before it +is printed in a book or periodical. Thus if Mr. Cable desires to include +in his readings, especially if in public for profit, chapters from an +unpublished novel, or a poet desires to protect his copyright in a poem +which he publicly recites, it may be desirable that he should register +such unpublished work under the provisions of the act for that purpose; +although it is a generally accepted doctrine that oral delivery does not +constitute publication, and that the matter orally delivered may thus be +protected at common law.</p> + +<p class="sidenote"><a name="59b"></a>"Publicly and for profit"</p> + +<p>It should be noted that in the case of a lecture or other work for oral +delivery and of a musical composition, the exclusive right is given for +its delivery or performance "publicly and for profit," and in the case of +a drama, "publicly," the words for profit being, probably by inadvertence, +omitted. There is some question, therefore, whether a copyrighted lecture, +drama, or musical composition can be given without consent of the author +privately, or, except in the case of a drama, gratuitously before the +public. In view of the special exception (sec. 28) exempting oratorios, <a +name="Page_60" id="Page_60"></a><span class="pagenum">[Pg 60]</span>etc., +performed for charitable or educational purposes and not for profit, from +authorization or payment, as well as on general principles of +construction, it would seem probable that the courts would protect the +author of a lecture, drama, or musical composition, except in such +instances as a private rendering in a private house, to which there was +not public admission and at which no fee was charged or collection taken. +The cases bearing on this point are given in the later chapter on dramatic +and musical copyright.</p> + +<p class="sidenote"><a name="60"></a>Material and immaterial property</p> + +<p>The American code adopts into the law an important distinction as +between the property in the material and the immaterial rights, hitherto +somewhat uncertain, in the following provision (sec. 41): "That the +copyright is distinct from the property in the material object +copyrighted, and the sale, or conveyance, by gift or otherwise, of the +material object shall not of itself constitute a transfer of the +copyright, nor shall the assignment of the copyright constitute a transfer +of the title to the material object; but nothing in this Act shall be +deemed to forbid, prevent, or restrict the transfer of any copy of a +copyrighted work the possession of which has been lawfully obtained."</p> + +<p>The negative provision in this section was inserted in the new +copyright law apparently to differentiate it from patent law with the +intent of preventing the proprietor of a copyrighted work from controlling +the conditions of sale after copies had left his possession. It is +doubtful what, if any, effect this provision may have, as the phrase +"lawfully obtained" would scarcely have the result of limiting and +annulling contractual conditions of sale. The innocent purchase of a +stolen book would not relieve the purchaser from the necessity of +returning the stolen property to its proper owner, although as far as +intent, knowledge, <a name="Page_61" id="Page_61"></a><span +class="pagenum">[Pg 61]</span>and payment are concerned, he would have +"lawfully obtained" it.</p> + +<p class="sidenote"><a name="61a"></a>Schemes not copyrightable</p> + +<p>The scope of copyright cannot be extended to cover a business or other +scheme described in a copyrighted book, as was held in 1906 in Burk +<i>v</i>. Johnson by the Circuit Court of Appeals in denying relief under +copyright protection to the originator of a mutual burial association who +copyrighted the articles of association.</p> + +<p class="sidenote"><a name="61b"></a>The new British code</p> + +<p>The new British measure defines copyright to mean "the sole right to +produce or reproduce the work or any substantial part thereof in any +material form whatsoever and in any language," thus assuring rights of +translation hitherto imperfect or doubtful; "to perform, or in the case of +a lecture to deliver, the work or any substantial part thereof in public; +if the work is unpublished, to publish the work"; and specifically +includes the sole right of dramatization (from an "artistic," as well as +other non-dramatic work), novelization, and reproduction by mechanical +means (though with compulsory license provision as to reproduced music). A +copyright may be assigned or licensed "either wholly or partially, and +either generally or subject to limitations to any particular country, and +either for the whole term of the copyright or for any part thereof."</p> + +<p>"Copyright or any similar right in any literary dramatic musical or +artistic work, whether published or unpublished," is expressly denied +"otherwise than under and in accordance with the provisions of this Act" +or other statutory enactment; and thus common law seems to be totally +abrogated. Hitherto common law property in an unpublished work has been +absolute and co-existed with statutory remedies up to publication, as was +strongly upheld in 1908 in Mansell <i>v</i>. Valley Printing Co. in the +English Court of Appeal. <a name="Page_62" id="Page_62"></a><span +class="pagenum">[Pg 62]</span>As to published works, the new code +continues the settled law reiterated as late as 1910 in Monckton <i>v</i>. +The Gramaphone Co., where Justice Joyce in the Chancery Division denied +the common law claim of the author of a song printed with prohibition of +mechanical production, on the ground that after publication there was no +copyright except as given by statute.</p> + +<p class="sidenote"><a name="62a"></a>Foreign statutes</p> + +<p>The statutes of foreign countries are in general of similar scope, +though with variations of extent and phraseology in the several countries. +The broadest seems to be that of Siam, above cited, translating common law +rights into statutory privilege, though that country also contradictorily +limits copyright in books by a manufacturing clause. Spain specifically +protects works produced or published by "any kind of impression or +reproduction known now or subsequently invented," as elsewhere quoted. +France specifically gives an author right to assign his property in whole +or in part—a right which is probably included in other countries +under the general construction of statutory rights in property.</p> + +<p class="sidenote"><a name="62b"></a>International provisions</p> + +<p>The international copyright convention, as modified at Berlin, does not +define the scope of copyright, but insures for authors the enjoyment of +such rights as the domestic laws accord to natives; but in its several +articles it makes specific provision as to representation, translation, +adaptation, mechanical reproduction, etc., as set forth in the chapter on +international copyright conventions.</p> + +<p>Common law, or a crude equivalent for it, as enforced by the courts, +seems to extend copyright protection, in the absence of specific +legislation, in Montenegro, Egypt and Liberia, Honduras, the Dominican +Republic, and Uruguay, as formerly in Argentina.</p> + +<p><a name="Page_63" id="Page_63"></a><span class="pagenum">[Pg +63]</span></p> + +<h3 class="p4">VI</h3> + +<h4>SUBJECT-MATTER OF COPYRIGHT: WHAT MAY BE COPYRIGHTED</h4> + +<p class="p2 sidenote"><a name="63a"></a>Subject-matter in general</p> + +<p>The subject-matter of copyright should include, in the nature of +things, those products of invention, creations of the human brain, which +are realized and utilized immaterially through material records, and not, +as in the case of patents, materially through the material itself. +Copyrightable works, in brief, are those which appeal from the imagination +to the imagination, or in which intellectual labor combines immaterial +product into new form. What may be copyrighted specifically and +practically depends, under present conditions of law, upon the statutory +provisions, national or international, of the several nations of the +world.</p> + +<p class="sidenote"><a name="63b"></a>Classification</p> + +<p>The new American code gives the following classification of +copyrightable works:</p> + +<p>"(Sec. 5.) That the application for registration shall specify to which +of the following classes the work in which copyright is claimed +belongs:</p> + +<p>"(a) Books, including composite and cyclopædic works, directories, +gazetteers, and other compilations;</p> + +<p>"(b) Periodicals, including newspapers;</p> + +<p>"(c) Lectures, sermons, addresses, prepared for oral delivery;</p> + +<p>"(d) Dramatic or dramatico-musical compositions;</p> + +<p>"(e) Musical compositions;</p> + +<p>"(f) Maps;</p> + +<p>"(g) Works of art; models or designs for works of art;</p> + +<p><a name="Page_64" id="Page_64"></a><span class="pagenum">[Pg 64]</span> +"(h) Reproductions of a work of art;</p> + +<p>"(i) Drawings or plastic works of a scientific or technical +character;</p> + +<p>"(j) Photographs;</p> + +<p>"(k) Prints and pictorial illustrations:</p> + +<p>"<i>Provided, nevertheless</i>, 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."</p> + +<p class="sidenote"><a name="64a"></a>Prints and labels excluded</p> + +<p>Prints or labels "not connected with the fine arts," but "designed to +be used for any other articles of manufacture," are subject only to +registration in the Patent Office in accordance with the act of June 18, +1874.</p> + +<p class="sidenote"><a name="64b"></a>All the writings of an author</p> + +<p>It is enacted (sec. 4): "That the works for which copyright may be +secured under this Act shall include all the writings of an author," thus +linking the phraseology of the law with the provision in the Constitution +of the United States in which the word "writings" is used, with the effect +of construing that word by the classification above cited.</p> + +<p class="sidenote"><a name="64c"></a>Component parts</p> + +<p>It is also enacted (sec. 3): "That the copyright provided by this Act +shall protect all the copyrightable component parts of the work +copyrighted, and all matter therein in which copyright is already +subsisting, but without extending the duration or scope of such copyright. +The copyright upon composite works or periodicals shall give to the +proprietor thereof all the rights in respect thereto which he would have +if each part were individually copyrighted under this Act."</p> + +<p class="sidenote"><a name="64d"></a>Compilations, new editions, etc.</p> + +<p>It is also enacted (sec. 6): "That compilations or abridgments, +adaptations, arrangements, dramatizations, translations, or other versions +of works in the public domain, or of copyrighted works when produced <a +name="Page_65" id="Page_65"></a><span class="pagenum">[Pg 65]</span>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 the publication of any +such new works shall not affect 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 works."</p> + +<p class="sidenote"><a name="65a"></a>Non-copyrightable works</p> + +<p>The provisions of the law regarding the subject-matter of copyright are +completed by the negative provision:</p> + +<p>"(Sec. 7.) That no copyright shall subsist in the original text of any +work which is in the public domain, or in any work which was published in +this country or any foreign country prior to the going into effect of this +Act and has 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: <i>Provided, however</i>, 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."</p> + +<p class="sidenote"><a name="65b"></a>Government use</p> + +<p>It is not to be inferred from the provision as to Government +publications, that the United States has itself a right to use copyright +material without consent of the copyright proprietor. The sovereignty of +the nation is not to transgress the rights of private property, unless in +the necessary exercise of war or police powers, as the sovereign state +cannot take land over which it is theoretically sovereign from a private +<a name="Page_66" id="Page_66"></a><span class="pagenum">[Pg +66]</span>owner except for public purposes and then only by condemnation +proceedings at law and with fair remuneration to the proprietor. No right +of eminent domain in respect to copyrights is asserted by the United +States, and the provision means only that material, otherwise +copyrightable, furnished by a public officer or otherwise to the +Government, becoming the property of the Government, is put freely at the +service of the people.</p> + +<p class="sidenote"><a name="66a"></a>"Author" and "writing" +definitions</p> + +<p>The constitutional provision is thus given the broadest interpretation +in the act. In the narrow sense the dictionaries define "author" as "one +who composes or writes a <i>book</i>" (Webster), and "writing" variously +as "a record made by <i>hand</i>," "a production of the <i>pen</i>," "any +expression of thought in <i>visible</i> words" (Century); "anything +expressed in <i>letters</i>" (Webster, Stormonth, Standard); "a written +paper," "a legal instrument" (Johnson); "a literary production" +(Chambers); "forming by the hand letters or characters on paper or other +suitable substance" (Bouvier's Law Dictionary); "words made <i>legible</i> +by any device," "a document, whether manuscript or printed, as opposed to +mere spoken words" (Rapalje and Lawrence, Law Dict.); "expression of ideas +by visible letters" (Anderson's Dict. of Law). For years Massachusetts +voters cast a handwriting ballot, until the courts held that a printed +ballot fulfilled the "written ballot" requirement of the Massachusetts +constitution. But in the wider sense an author is "a creator, an +originator" (Webster, Standard), and a writing is the record or expression +of a thought or idea.</p> + +<p class="sidenote"><a name="66b"></a>Interpretation by Congress and +courts</p> + +<p>Congress, upheld by the courts, had specifically included (law of 1870) +under "writings" in the Constitution a "statue," "statuary," "model," +without requiring the artist to make a preliminary sketch (if that be +specifically a writing)—otherwise, as sculptors <a name="Page_67" +id="Page_67"></a><span class="pagenum">[Pg 67]</span>are not "inventors" +making "discoveries," they could not be protected at all; and in other +countries protection has been extended to oral delivery of an address +presumably but not necessarily written. It might be claimed, under a +restrictive interpretation of the Constitution, that only works +specifically relating to "science and useful arts" might be protected, +although literature and the fine arts are admittedly especial subjects of +copyright. While it is for the judiciary and not for the legislature to +construe or interpret the Constitution, the right of Congress to pass laws +based upon its understanding of the Constitution, subject to the final +decision of the federal courts, has not been challenged. And the code of +1909 by its classification (sec. 5) and its inclusive clause (sec. 4) is +most comprehensive in this respect.</p> + +<p class="sidenote"><a name="67"></a>Supreme Court decisions</p> + +<p>The U. S. Supreme Court, in 1884, in the decision of Burrow-Giles +Lith. Co. <i>v.</i> Sarony, extending the principles of the copyright act +to cover photographs, said through Justice Miller: "By 'writings' is meant +the literary productions of those authors, and Congress very properly has +declared these to include all forms of writings, printing, engraving, +etching, etc., by which the ideas in the mind of the author are given +visible expression. The only reason why photographs were not included in +the extended list of 1802 is probably that they did not exist, as +photography as an art was then unknown." It seems evident that the phrase +"visible expression" as used in this decision was intended to give a broad +definition and not to narrow the definition by the exclusion, for +instance, of "audible expression," as otherwise the <i>performance</i> of +a drama or of a musical composition could not be included under copyright +protection. This view is confirmed by the later decision of the same +court, in 1899, in Holmes <i>v.</i> Hurst: "It is the intellectual +production <a name="Page_68" id="Page_68"></a><span class="pagenum">[Pg +68]</span>of the author which the copyright protects, and not the +particular form which such production ultimately takes; and the word +'book' is not to be understood in its technical sense as a bound volume, +but any species of publication which the author selects to embody his +literary product."</p> + +<p class="sidenote"><a name="68a"></a>Originality and merit</p> + +<p>The courts are disposed to extend copyright to any work involving +intellectual labor or brain skill, without emphasizing originality or +literary merit. In the important case of Walter <i>v.</i> Lane, in which a +<i>verbatim</i> report of Lord Rosebery's speeches was protected, by +decision of the House of Lords, in 1900, Lord Chancellor Halsbury said: +"Although I think in these compositions (<i>i. e.</i> the work of the +stenographer) there is literary merit and intellectual labor, yet the +statute seems to me to require neither—nor originality either in +thought or language ... the right in my view is given by the statute to +the first producer of a book, whether that book be wise or foolish, +accurate or inaccurate, of literary merit, or of no merit whatever."</p> + +<p class="sidenote"><a name="68b"></a>"Book" definitions</p> + +<p>The word "book" covers the great body of copyright property, and has +been many times the subject of judicial construction giving the most +comprehensive meaning to the term. The English judges early held that +protection "could not depend upon the form of the publication"; "that a +composition on a single sheet might well be a book within the meaning of +the legislature"; and that "any composition, whether large or small, is a +book within the meaning of this act." The English law of 1842 afterward +specifically construed the word "book" "to mean and include every volume, +part or division of a volume, pamphlet, sheet of letterpress, sheet of +music, map, chart or plan, separately published." The law of the United +States makes no definition of the term, except by specifically including +as books "composite <a name="Page_69" id="Page_69"></a><span +class="pagenum">[Pg 69]</span>and cyclopædic works, directories, +gazetteers, and other compilations"; but our judges have agreed with the +English view, Judge Thompson holding, in 1828, in Clayton <i>v.</i> Stone, +that a "book" may be printed "only on one sheet," and that "the literary +property intended to be protected by the Act is not to be determined by +the size, form or shape ... but by the subject-matter," and Judge Leavitt, +in 1862, in Drury v. Ewing, that a diagram for cutting dresses, with +directions, printed on a single sheet, being "the product of thought and +mental toil," was a "book" within the benefit of the law.</p> + +<p class="sidenote">Inclusions adjudicated</p> + +<p>In fact, though all English and American statutes have been avowedly +for "the encouragement of learning" and "the progress of science and +useful arts," the courts have construed the laws to cover in the widest +sense any "useful book." The courts have indeed denied copyright +protection only to works having absolutely no literary quality, such as +advertisements (unless they contain original literary matter) and +advertising cuts, labels, blank books, or blank forms. Even booksellers' +and other trade catalogues, having descriptive notes or distinctive +arrangement and combination, can be copyrighted. Compilations of existing +materials, from common sources, arranged and combined in an original and +useful form, receive the same protection as wholly original matter. Drone +schedules English or American judicial constructions extending this +principle to: (1) general miscellaneous compilations; (2) annotations +consisting of common materials; (3) dictionaries; (4) books of chronology; +(5) gazetteers; (6) itineraries, road and guide books; (7) directories; +(8) maps and charts; (9) calendars; (10) catalogues; (11) mathematical +tables; (12) a list of hounds; (13) abstracts of titles to lands; and +collections of (14) statistics, (15) statutory <a name="Page_70" +id="Page_70"></a><span class="pagenum">[Pg 70]</span>forms, (16) recipes, +and (17) designs—several of which classes are now specifically +included in the new American statute. Later decisions have confirmed +several of these categories and have specified also (18) trotting records; +(19) racing charts; (20) newspaper reports of public speeches; (21) +telegraphic codes; (22) mining reports; (23) a tradesman's alphabetical +list of wares; (24) a list of public documents; (25) mathematical +calculations; (26) legal forms; (27) an application form for membership; +(28) complications of railroad time-tables; (29) commercial circulars, +protected by a Canadian decision; (30) school registers, and (31) stud +book list of horses.</p> + +<p class="sidenote">Exclusions adjudicated</p> + +<p>On the other hand, the courts have declined to include as proper +subjects of copyright (a) methods or plans, as for compiling +credit-ratings or systems, as in the case of (b) shorthand, (c) trading +stamps or coupons as described in a copyrighted advertising pamphlet, or +(d) of letter-file indexes; (e) a sleeve pattern chart; (f) the face of a +barometer; (g) a railway ticket designed for punching; (h) a day's +sporting tips; (i) blank books; or (j) blank forms, as a cricket +score-card; and (k) monograms.</p> + +<p class="sidenote">Inclusions defined</p> + +<p>In the new Rules and Regulations of the Copyright Office promulgated as +approved by the Librarian of Congress in 1910 as Bulletin No. 15, it is +said as to books:</p> + +<p>"(4, <i>a</i>) <i>Books.</i>—This term includes all printed +literary works (except dramatic compositions) whether published in the +ordinary shape of a book or pamphlet, or printed as a leaflet, card, or +single page. The term 'book' as used in the law includes tabulated forms +of information, frequently called charts; tables of figures showing the +results of mathematical computations such as logarithmic tables; interest, +cost, and wage tables, etc., single poems, and the words of <a +name="Page_71" id="Page_71"></a><span class="pagenum">[Pg 71]</span>a song +when printed and published without music; librettos; descriptions of +moving pictures or spectacles; encyclopædias; catalogues; directories; +gazetteers and similar compilations; circulars or folders containing +information in the form of reading matter other than mere lists of +articles, names and addresses, and literary contributions to periodicals +or newspapers."</p> + +<p class="sidenote">Exclusions defined</p> + +<p>On the other hand, definitions are made negatively that:</p> + +<p>"(5) The term 'book' can not be applied to—</p> + +<p>"Blank books for use in business or in carrying out any system of +transacting affairs, such as record books, account books, memorandum +books, diaries or journals, bank deposit and check books; forms of +contracts or leases which do not contain original copyrightable matter; +coupons; forms for use in commercial, legal, or financial transactions, +which are wholly or partly blank and whose value lies in their usefulness +and not in their merit as literary compositions.</p> + +<p>"Directions on scales, or dials, or mathematical or other instruments; +puzzles; games; rebuses; labels; wrappers; formulæ on boxes, bottles, and +other receptacles of articles for sale or meant to accompany such +articles.</p> + +<p>"Advertisements or catalogues which merely set forth the names, prices, +and places where articles are for sale.</p> + +<p>"Prefaces or other introductory matter to works not themselves entitled +to copyright protection, such as blank books.</p> + +<p>"Calendars are not capable of registration as such, but if they contain +copyrightable reading matter or pictures they may be registered either as +'books' or as 'prints' according to the nature of the copyrightable +matter."</p> + +<p><a name="Page_72" id="Page_72"></a><span class="pagenum">[Pg 72]</span> +The Rules also make the following negative definitions:</p> + +<p>"(12) No copyright exists in toys, games, dolls, advertising novelties, +instruments or tools of any kind, glassware, embroideries, garments, +laces, woven fabrics, or any similar articles."</p> + +<p>The definition of other classes of subject-matter given in the new +Rules and Regulations of the Copyright Office, including that of maps, +will be found in the chapters on dramatic and musical copyright and on +artistic copyright.</p> + +<p class="sidenote"><a name="72"></a>Blank books</p> + +<p>In the case of Everson <i>v.</i> Young, then Librarian of Congress, +Judge Cole, of the Supreme Court of the District of Columbia, in 1889, +refused a mandamus against the copyright officer while admitting that "the +librarian had no discretion" on the ground that mandamus "will not be used +to order a vain thing to be done" and that a blank book "containing not a +single English sentence" is not a subject of copyright.</p> + +<p>"The copyright statutes," as is said in Circular Letter no. 32 of the +Copyright Office, "in designating the classes of articles which may be +registered in this office do not mention blank forms or blank books. The +United States courts which have jurisdiction in cases arising under the +copyright laws have held that blank forms or blank books or similar +articles <i>for use in themselves</i> are not subject to copyright, and +hence are not registrable in this office. A bill was introduced in +Congress in 1904 proposing to extend the protection of the copyright law +to vouchers, certificates, or other business forms, wholly or partly +printed. But the measure was not favorably acted upon and did not become +law." This exclusion does not refer to such publications as an insurance +policy or a legal document, on which blank spaces are to be filled in, +which <a name="Page_73" id="Page_73"></a><span class="pagenum">[Pg +73]</span>are accepted as proper subject-matter for copyright by the +Copyright Office.</p> + +<p class="sidenote"><a name="73a"></a>Combinations and arrangements</p> + +<p>The copyright under certain categories above scheduled may be in the +combination and arrangement only, or it may be also in any original +material included with other material. Quantity is not an essential +element in copyright so much as "substantial importance." An English court +protected a passage of only sixty words.</p> + +<p class="sidenote"><a name="73b"></a>Advertisements</p> + +<p>In respect to advertisements and advertising matter as such, the new +American code is silent, and court decisions, mostly English, have been +contradictory. In 1863 Vice-Chancellor Page Wood, in Hotten <i>v.</i> +Arthur, "found no difficulty" in deciding that a catalogue of old books +was a subject of copyright "notwithstanding that the catalogues were for +the purpose of advertising the plaintiffs' stock-in-trade, and were not in +themselves offered for sale"; but in 1872 Lord Romilly, in Cobbett +<i>v.</i> Woodward, made an absolutely contrary decision, saying: "But at +the last, it comes round to this, that there is no copyright in an +advertisement. If you copy the advertisement of another, you do him no +wrong in doing so, unless you lead the public to believe that you sell the +articles of the person whose advertisement you copy." This last decision +was definitely overruled and in 1882, in Maple <i>v.</i> Junior Army & +Navy Stores, the English Court of Appeal, in protecting an advertising +catalogue consisting mostly of engravings of furniture, said through +Justice Jessel: "The case which has done all the mischief is Cobbett +<i>v.</i> Woodward.... I think that is not law. I am not aware that the +use to which a proprietor puts his book makes any difference in his +rights." In 1906, in Davis <i>v.</i> Benjamin, the Chancery Division held +a sheet of advertising illustrations with headlines and prices a book.</p> + +<p class="sidenote">Undistinctive advertising not protectable</p> + +<p><a name="Page_74" id="Page_74"></a><span class="pagenum">[Pg +74]</span>An advertisement <i>per se</i> of an ordinary character, the +courts may decline to protect, either on behalf of the advertiser or of +the publisher of the periodical in which it appears; thus possibly +ordinary advertisements might be copied by another paper, to give an +inflated impression of its advertising patronage unless enjoined for +intent to deceive. On the other hand, characteristic advertisements, as +those for which department stores pay large sums to advertisement writers, +could doubtless be copyrighted to prevent their use by rival firms, though +the advertiser would scarcely be interested in preventing the wide +diffusion of his advertisement with his name by its gratuitous publication +elsewhere. Some street-car advertisements, however, bear copyright +notices. Whether the proprietor of a copyrighted periodical could prevent +the use of a copyrightable advertisement not protected by specific +copyright, in a rival newspaper, would be questionable, though a publisher +might be granted an injunction for the combination or arrangement of +copyrightable advertisements in his periodical. In 1892, in Lamb <i>v.</i> +Evans, Lord Justice Lindley, in the English Court of Appeal, said: "I do +not see myself the difficulty in the publisher's having a copyright in a +sheet of advertisements. I do see a difficulty in his having a copyright +in one advertisement, because, as Mr. Justice Chitty pointed out, that +might prevent the advertiser from republishing his advertisements in +another paper, which is absurd." An advertisement appearing in several +publications, some of them not copyrighted, could only be protected in +these latter by specific copyright notice, even though covered in the +copyrighted periodicals as a component part. The Copyright Office can make +no clear line of demarcation in advance as to advertisements, but it has +declined in a recent instance to accept for registry <a name="Page_75" +id="Page_75"></a><span class="pagenum">[Pg 75]</span>recipes printed on +tin and inserted in packages of flour to advertise the flour, which could +scarcely be accepted as a "book" or other copyrightable matter.</p> + +<p class="sidenote"><a name="75"></a>New editions</p> + +<p>New editions are protected under the American code as new works (sec. +6), to the extent that they include new material; and this is in accord +with the whole trend of court decisions. In 1852 Vice-Chancellor +Kindersley stated the doctrine that "if a man prints a second edition, not +being a mere reprint of the first edition, but containing considerable and +material alterations and additions, <i>quoad</i> those, it is a new work." +So in 1870, in Black <i>v.</i> Murray & Son, Lockhart's edition of +Scott's "Border Minstrelsy" was protected, on Lord President Inglis' +decision, to the full extent of the notes: "Questions of great nicety and +difficulty may arise as to how far a new edition of a work is a proper +subject of copyright at all; but that must always depend upon +circumstances. A new edition of a book may be a mere reprint of an old +edition, and plainly that would not entitle the author to a new term of +copyright running from the date of the new edition. On the other hand, the +new edition of a book may be so enlarged and improved as to constitute in +reality a new work, and that just as clearly will entitle the author to a +copyright running from the date of the new edition." A few colorable +alterations or unimportant notes may not justify a new copyright; a Scotch +justice, however, contended that Walter Scott's change of a single word in +"Glenallan's Earl" authorized a copyright for the new edition, though +another law lord differed, and the case was decided on other grounds. It +is doubtful indeed whether there can be protection of a single word, a +question which arose in the <i>Belgravia</i> case, unless having +association in the public mind as a trade-mark. In any event, the +copyright on a new <a name="Page_76" id="Page_76"></a><span +class="pagenum">[Pg 76]</span>edition, whether made by rewriting, +extending, condensing, annotating, or otherwise altering, runs +independently of the term of the original or any other edition, covers +only the new parts, and cannot prevent the issue by others of the original +or any other edition on which copyright has expired. This is made entirely +clear in the new code (sec. 6).</p> + +<p class="sidenote"><a name="76a"></a>Copyright comprehensive</p> + +<p>"A book must include every part of the book; it must include every +print, design, or engraving which forms part of the book, as well as the +letterpress therein, which is another part of it," according to the ruling +decision of Vice-Chancellor Parker, in 1852, in the English case of Bogue +<i>v.</i> Houlston. To the same effect Drone says: "The copyright protects +the whole and all the parts and contents of a book: when the book +comprises a number of independent compositions, each of the latter is as +fully protected as the whole." The copyright under the new law protects +(sec. 3) "all the copyrightable component parts of the work copyrighted." +The practice of some publishers in copyrighting a magazine and also +specific articles or engravings seems, therefore, a work of doubtful +expediency. The new law specifically gives to the proprietor of "composite +works or periodicals" (sec. 3) "all the rights in respect thereto which he +would have if each part were individually copyrighted."</p> + +<p class="sidenote"><a name="76b"></a>Non-copyrightable parts excepted</p> + +<p>On the other hand, copyright cannot extend to any part of a book not +subject in itself to copyright, even under the old law, and the new law +(sec. 3) is perfectly plain. The general copyright is not, however, +vitiated as to copyrightable portions by its seeming to cover +non-copyrightable portions, as was held by Lord Kenyon, in 1801, in Cary +<i>v.</i> Longman. But when copyright is claimed on a work partly composed +of uncopyrightable matter the courts may require the <a name="Page_77" +id="Page_77"></a><span class="pagenum">[Pg 77]</span>claimant, on +interrogatories, to designate which parts are and which are not original. +"If the parts cannot be separated," says Drone, "it would seem that +copyright will not vest in any of it." The new code is to the same +effect.</p> + +<p class="sidenote"><a name="77a"></a>Book illustrations</p> + +<p>The application of these principles to the protection of a "new +edition" which is new only with respect to added illustrations, is very +simple. It is only the new illustrations which can be copyrighted, and it +is matter for question whether the endeavor to protect an edition of +unaltered text by a general copyright notice which really covers only a +few added illustrations would not be a false use of the copyright notice. +A proper copyright notice on an illustrated book will, however, protect +the illustrations against indirect as well as direct reproduction; thus in +1908 in Harper <i>v.</i> Kalem, Judge Lacombe in the U. S. Circuit +Court in New York protected certain illustrations in "Ben Hur" against +their reproduction in moving pictures.</p> + +<p class="sidenote"><a name="77b"></a>Translations</p> + +<p>In respect to translations, the new American law is specific, not only +in its mention of "translations" (sec. 6), but in giving (sec. 1, b) the +exclusive right "to translate the copyrighted work into other languages or +dialects, or make any other version thereof, if it be a literary work." +The early American precedent was the case of "Uncle Tom's cabin," in 1853, +in which Mrs. Stowe had copyrighted not only the original work, but a +German translation which she had provided; Justice Grier in the U. S. +Circuit Court held that she could not recover against one Thomas who was +issuing another German translation, since it was not "<i>copies</i> of her +<i>book</i>." This case was previous to the statute permitting authors to +reserve the right of translation, and the new code as above cited fully +protects translations. The author of a copyrighted <a name="Page_78" +id="Page_78"></a><span class="pagenum">[Pg 78]</span>work thus has the +exclusive right to translate his work, or license its translation, into +any other language, and under such a license the translator with the +consent of the author would have the right to copyright his translation. +Where the author employs a translator for hire, the copyright in the +translation may be secured by the author of the original work, but under +ordinary circumstances the copyright in the translation would be secured +by or on behalf of the translator. In case of contest on this point, the +issue would be a question of contract, and in the absence of contract or +specific assent the courts would doubtless base their decisions on the +circumstances of the case so far as they could be held to imply contract. +The inclusion of the notice of copyright of the original work on a +translation, without specific copyright of the translation itself, would +be held, it seems probable, to protect the translation under the author's +original copyright; but this would limit the copyright term on the +translation to the copyright term of the original work, and for this and +other reasons a specific copyright on each translation is desirable, in +which case the notice of copyright of the original work need not be given +on the translation.</p> + +<p class="sidenote"><a name="78"></a>Translator's rights</p> + +<p>In the case of the translation of a copyright work, the author of the +original work has the right to prevent other translations, but the +translator has no such right to prevent translation by another translator +except as exclusive right to translate is conveyed or implied to him by +the author of the original work. A work in the public domain, as a +non-copyright work or a work on which copyright has expired, may be +translated by any one and the translation copyrighted, but such translator +would not have the right to prevent translation by another translator.</p> + +<p class="sidenote"><a name="79a"></a>English practice</p> + +<p>In England, while the right of translation may be <a name="Page_79" +id="Page_79"></a><span class="pagenum">[Pg 79]</span>reserved under the +international copyright act by notice on the title-page, an English author +could reserve his right of translation only by providing such translation, +but the new code gives the full right.</p> + +<p class="sidenote"><a name="79b"></a>Translations in international +relations</p> + +<p>The American provisions as to translations apply with especial +importance to international relations. "The original text of a book of +foreign origin in a language or languages other than English" is +copyrightable in America without manufacture here; and such a work, duly +copyrighted, can only be translated into English or any other language by +authority of the foreign author or his assigns, and such translation in +English or any other language can be copyrighted only when manufactured in +this country as provided in the act. If the original text of a foreign +work is not duly copyrighted under the American law, then translation is +open to any one and copyright can be secured only for the particular +translation copyrighted, as above stated, and this cannot prevent +independent translation into the same or any other language. Thus, a +German original duly copyrighted may not be translated into English, +French, or any other language without authority of the copyright +proprietor, nor can an English translation be made, for instance, from a +French translation of the copyrighted work; but any number of translations +of the copyrighted German work into English or any other language may be +separately copyrighted under the American law, subject to the +manufacturing clause, if duly authorized by the copyright proprietor, and +each translator could only prevent the copying of his particular +translation or the translation of his own version into another +language.</p> + +<p class="sidenote"><a name="79c"></a>Foreign translators</p> + +<p>A translation can be copyrighted by a translator only in case he is a +citizen of a country with which the United States has copyright relations +or is a resident <a name="Page_80" id="Page_80"></a><span +class="pagenum">[Pg 80]</span>of this country; thus a Swedish translation +by a citizen of Sweden not resident in the United States could not be +copyrighted unless the translator had been "employed for hire" by the +author or proprietor of the original copyrighted work. If the entire +copyright of the original work had been sold by the author to a citizen of +Sweden, not a resident in the United States, it would seem to follow that +the latter could not copyright a translation though he might retain the +right to prevent unauthorized translation under the general copyright +which he had purchased. In the case of an authorized independent +translation made by a Swedish citizen not resident here, the general +notice of copyright of the original work might be utilized to protect the +translation, but in such case copies not manufactured in the United States +could not be imported into this country; while if such authorized +translation bore no copyright notice and were imported into the United +States by the author or with his consent, it is probable that this +translation, but not the original work or another translation from either, +would be freed from copyright protection.</p> + +<p class="sidenote"><a name="80"></a>Abridgments</p> + +<p>In respect to abridgments, these are specifically mentioned (sec. 6) as +copyrightable works, and by inference from this clause and the provision +(sec. 1) giving an author the exclusive right to "make any other version," +the author or proprietor of a literary work may prevent abridgment of his +work. The courts had held to precedents which the best writers, such as +Curtis, Drone and Copinger, declare to be contradictory to the true +principles of copyright law. In 1740 Lord Hardwicke, deciding against a +mere reprint, "colorably shortened only," of Sir Matthew Hale's "Pleas of +the Crown," declared that he would not restrain "a real and fair +abridgment," and in 1774 Lord Chancellor Apsley, after consultation <a +name="Page_81" id="Page_81"></a><span class="pagenum">[Pg 81]</span>with +Blackstone, held that an abridgment of Hawkesworth's "Voyages," involving +understanding and skill, was not plagiarism or a copyright wrong, but "an +allowable and meritorious work." In the leading American case of Story's +"Commentaries," Story v. Holcombe, in 1847, in the U. S. Supreme +Court, Justice McLean, while expressing his own opinion that "an +abridgment, if fairly made, contains the principle of the original work, +and this constitutes its value," added, "but a contrary doctrine has long +been established in England ... and in this country the same doctrine has +prevailed. I am, therefore, bound by precedent, and I yield to it in this +instance, more as a principle of law than a rule of reason or justice." +Similarly, in Lawrence v. Dana, in 1869, Judge Clifford, in the U. S. +Circuit Court, declared that "an abridgment ought to be regarded as an +infringement ... but the opposite doctrine has been too long established +to be considered open to controversy." The language of the new code frees +the courts from these precedents and settles the American law.</p> + +<p class="sidenote"><a name="81a"></a>Compilations</p> + +<p>In respect to compilations, these are protected by specific mention +(sec. 6) in the new law, and also by the classification as books (sec. 5, +a) of "composite and cyclopædic works, directories, gazetteers, and other +compilations." Compilations can be protected even if consisting solely of +non-copyright material, "because of the originality, arrangement, +selection, abridgment, or amplification of such simple material," as +stated in the Scotch Court of Session, in the case of Lennie v. Pillans in +1843, with which later English and American decisions are in accord.</p> + +<p class="sidenote"><a name="81b"></a>Collections</p> + +<p>Collections are copyrightable as compilations or otherwise, and where +the use of copyrighted poems or other copyright material is permitted, +these are protected by general copyright notice on the collection. <a +name="Page_82" id="Page_82"></a><span class="pagenum">[Pg +82]</span>Permission to use a copyrighted poem, for instance, in a +specified collection does not grant a license to use it in other form, +though it could be used in a combination of such collections. In 1896, in +Gabriel <i>v.</i> McCabe, Judge Grosscup in the U. S. Circuit Court +in Illinois held that the licensor could not prevent the use of a song +licensed for a particular collection in a combination of this collection +in another collection or in an abridged edition of the collection, though +an "abridgment" involving a reprint of the song by itself would have been +an unfair use of the license.</p> + +<p class="sidenote"><a name="82a"></a>Titles</p> + +<p>As to titles, which are not mentioned in the new code, both English and +American court decisions are broadly and generally, though with some +exceptions, to the effect that there is no copyright protection for the +title of a book <i>per se</i>, but it may be considered an essential part +of the book. Judge Shepley held, in 1872, in his elaborate discussion of +the question of titles in Osgood <i>v.</i> Allen as to the periodical +<i>Our Young Folks</i>, that "the right secured is the property in the +literary composition—the product of the mind and genius of the +author—and not in the name or title given to it. The title does not +necessarily involve any literary composition; it may not be, and certainly +the statute does not require that it should be, the product of the +author's mind.... It is a mere appendage, which only identifies, and +frequently does not in any way describe, the literary composition +itself.... If there were no piracy of the copyrighted book there would be +no remedy ... for the use of a title which could not be copyrighted +independently of the book." Judge Lacombe accepted this view in his +decision of the "Trilby" case, cited beyond.</p> + +<p class="sidenote"><a name="82b"></a>Changed titles</p> + +<p>Conversely, the publication of a copyrighted work under a changed +title, with the original notice of copyright, would probably not +invalidate the copyright, <a name="Page_83" id="Page_83"></a><span +class="pagenum">[Pg 83]</span>though it would make identification more +difficult and prevent the copyright certificate being <i>prima facie</i> +proof; and change of title is a practice altogether reprehensible. A new +copyright of the same book changed only in title, with a new copyright +notice of later date, could scarcely be construed as a new edition and in +the absence of the original copyright notice the copyright might thus be +abandoned or forfeited and the work be dedicated to the public.</p> + +<p class="sidenote">General titles</p> + +<p>General titles cannot in any way be protected. The publishers of the +"<i>Bibliographie Universelle</i>," in France, the "Post Office +Directory," in England, and of "Irving's Works," in America, were all +defeated in attempts to prevent the use of those titles.</p> + +<p class="sidenote"><a name="83"></a>Titles as trade-marks</p> + +<p>Titles are rather to be considered as trade-marks, which may be +registered in the United States under the Trade-Mark acts of 1905-6, and +protected by the statutory penalties, or may be protected on general +principles of equity. This doctrine was early upheld by the English +courts, especially in regard to periodicals, as in the titles of <i>Bell's +Life</i> and the <i>London Journal</i>, and again came before the courts +in the important case of Weldon <i>v.</i> Dicks, as to the specific title +of the novel "Trial and triumph," in which case, in 1878, Vice-Chancellor +Malins enjoined quite another book under the same title, though the title +was chosen in ignorance of the first book and in entire good faith. So, +also, as to the title "Splendid misery," used by Miss Braddon in 1879, Sir +James Bacon, in the Chancery suit of Dicks <i>v.</i> Yates, in 1881, was +inclined to support the claim of C. H. Hazelwood, who had used the title +in 1874, until it was shown that a forgotten novelist named Purr had used +it in 1801, so that it had become, in a measure, common property.</p> + +<p class="sidenote"><a name="84"></a>"Chatterbox" cases</p> + +<p>In the several American "Chatterbox" cases, <a name="Page_84" +id="Page_84"></a><span class="pagenum">[Pg 84]</span> Judge Wheeler's +early decision restraining the use of this "name or word, or any name or +word substantially identical therewith," in or upon any juveniles of the +general character of the English book of that name, was followed by Judge +Shipman, in 1887, in Estes <i>v.</i> Worthington, in the U. S. +Circuit Court in New York, who also held that the word "Chatterbox" had +become "a well-known trade-mark designating a well-known series," +published in a distinctive style and enjoined the rival publication, +simulating the external style, but of different contents. These decisions +previous to 1891, resting on principles of trade-mark and not of +copyright, indirectly assured a measure of international copyright.</p> + +<p class="sidenote">Other title decisions</p> + +<p>In 1888 the publishers of <i>Life</i> and of "The good things of +<i>Life</i>" obtained an injunction from the N. Y. Supreme Court, in +Mitchell & Miller <i>v.</i> White & Allen, to restrain the +publication of "The spice of life," as seemingly a continuation or +counterpart of the authorized collection of extracts from that periodical. +In 1904, in Gannet <i>v.</i> Rupert, Judge Coxe in the U. S. Circuit +Court of Appeals in New York, on suit of the publishers of <i>Comfort</i>, +restrained the use of the title <i>Home Comfort</i> on a rival periodical +"not as a case of unfair competition" but as "founded on a technical +common law trade-mark"; and characterized the name as "a badge of origin +and genuineness. It is as much a part of the proprietor's property as his +counting room or printing press. A rival publisher has no more right to +appropriate the name of its owner,"—despite the defence that +<i>Comfort</i> is "a standard English word not fanciful or manufactured." +This defence had precedent in the doubt expressed by Lord Cairns in 1867 +in the <i>Belgravia</i> case, cited beyond, as to copyright protection of +a single word, and in the decision of Judge Curtis in Isaacs <i>v.</i> +Daly, in the N. Y. Superior <a name="Page_85" id="Page_85"></a><span +class="pagenum">[Pg 85]</span>Court in 1874, as to the drama "Charity," +that "the use of the word 'Charity' as a designation for any work of art +or literature cannot ordinarily be monopolized by any one person"; but +under trade-mark law a single word associated by registry or in the public +mind with a well-known product, may undoubtedly be protected as against +misleading use of the word otherwise. The courts will go even farther in +preventing the use of a title by another person with intent to deceive or +to utilize the reputation of another work or author, as a fraud upon the +public, or as unfair competition, without reference specifically to +trade-mark principles. Thus Judge Newburger of the N. Y. Supreme Court, in +1910, in Eliot and Collier <i>v.</i> Jones and the Circle Publishing +Company, restrained the issue under the title "Dr. Eliot's five-foot +shelf" of books by the defendants of a set of books selected by and issued +under the authority of President Eliot of Harvard, under arrangement with +the co-plaintiff. The English rulings are to the like effect, that while a +title has no copyright protection except as part of a book, the use of a +title to attract purchasers on the supposition that they are getting +another book previously known by that title is a fraud punishable at +common law. Further citations of cases on these points are given in the +chapter on infringement.</p> + +<p class="sidenote"><a name="85"></a>Projected titles</p> + +<p>There can be no claim to protection for the title of an unpublished +book, as a trade-mark or otherwise, just as there can be no copyright in a +projected book. This question was elaborately discussed in the leading +English case of Maxwell <i>v.</i> Hogg, in 1867, in relation to the +magazine <i>Belgravia</i>, when the rule was laid down that no matter what +expenditure had been made or advertising done, a title was not protectable +previous to its association with a work actually before the public. Judge +Shepley, in 1872, pointed out <a name="Page_86" id="Page_86"></a><span +class="pagenum">[Pg 86]</span>that "there is no such thing as property in +a trade-mark as an abstract name," for a trade-mark simply shows that +certain goods "were manufactured by a certain person." Nor can an +abandoned title, in the case of a periodical, be held against a person +starting a new periodical of that name, providing it does not purport to +be a continuation of the old, according to a French case quoted by English +authorities.</p> + +<p class="sidenote"><a name="86a"></a>Projected works not +copyrightable</p> + +<p>There can be no statutory copyright in a book or other work projected +and not yet prepared, despite a very general notion that under the old law +a projected book could be protected by registering a title and depositing +a title-page of an unwritten or unpublished book. There is nothing in +copyright law corresponding to the <i>caveat</i> in patent law. This is +not in conflict with the protection of an unpublished work at common law +or in equity referred to in the new American code (sec. 2) or the +provision in the new law (sec. 11) permitting the registration of "a +lecture or similar production or a dramatic or musical composition" or a +work of art, before publication, with the deposit of a complete copy or +identifying print.</p> + +<p class="sidenote"><a name="86b"></a>Immoral works</p> + +<p>There can be no copyright in an immoral book, and Lord Eldon, in +Southey <i>v.</i> Sherwood, carried this doctrine so far as to deny the +common law right of an author in a non-innocent manuscript, because there +could be no right to hold what there was no right to sell. His opinion, +resulting in the wide sale of a book which the author desired to suppress, +has been severely criticised by later authorities. In the American case of +Broder <i>v.</i> Zeno Mauvais Music Co., Judge Morrow, in the U. S. +Circuit Court in California, in 1898, held that as a song which the +plaintiff sought to protect contained indecent words, it was not entitled +to protection under the copyright law. There can be no copyright in +blasphemous, seditious, or libelous <a name="Page_87" +id="Page_87"></a><span class="pagenum">[Pg 87]</span>books; but though +this rule was very strictly enforced by English judges a century ago, the +later courts hesitate to rule strictly on this point, lest the rule be +perverted to sectarianism or despotism. There can be no copyright in books +involving fraud, as those which spuriously obtain salable value by being +represented to be the work of writers who did not write them, or to +contain matter which they do not contain; but this rule does not extend to +books under assumed names or innocently pretending to be what they are +not, as when Horace Walpole's "Castle of Otranto" was put forward as a +translation from the Italian.</p> + +<p class="sidenote"><a name="87a"></a>Periodicals</p> + +<p>In addition to the inclusion of "composite works," the new American law +specifically covers (sec. 5, b) "periodicals, including newspapers," and +by other provisions of the law above cited, this covers "all copyrightable +component parts." It is further provided (sec. 3) that "the copyright upon +composite works or periodicals shall give to the proprietor thereof all +the rights in respect thereto which he would have if each part were +individually copyrighted under this Act." While the American code does not +specifically provide as to the separate rights of authors in articles in +periodicals or composite works, which must therefore be a matter of +contract, or of practice or precedent implying contract, provision for +separate copyright is implied in a clause (sec. 12) requiring the deposit +of only one copy instead of two in the case of "a contribution to a +periodical, for which contribution special registration is +requested"—although the specific article is fully protected, as +indicated above, by the general copyright.</p> + +<p class="sidenote"><a name="87b"></a>Definition of periodicals</p> + +<p>The new Rules and Regulations of the Copyright Office define +periodicals as follows:</p> + +<p>"(6) This term includes newspapers, magazines, reviews, and serial +publications appearing oftener than <a name="Page_88" +id="Page_88"></a><span class="pagenum">[Pg 88]</span>once a year; +bulletins or proceedings of societies, etc., which appear regularly at +intervals of less than a year; and, generally, periodical publications +which would be registered as second class matter at the post office."</p> + +<p class="sidenote"><a name="88a"></a>Periodicals under manufacturing +clause</p> + +<p>Periodicals, as well as books, are subject to the manufacturing clause +(sec. 15), but affidavit is not required, and the importation of "a +foreign newspaper or magazine, although containing matter copyrighted in +the United States printed or reprinted by authority of the copyright +proprietor," is not prohibited (sec. 31, b), "unless such newspaper or +magazine contains also copyright matter printed or reprinted without such +authorization"—but these and other conditions are treated in later +chapters.</p> + +<p class="sidenote"><a name="88b"></a>Periodicals copyrightable by +numbers</p> + +<p>The law provides (sec. 19) in the case of a periodical, that the notice +of copyright may be "either upon the title-page or upon the first page of +text of each separate number or under the title heading," "provided that +one notice of copyright in each volume or in each number of a newspaper or +periodical published shall suffice." This implies that each issue of a +periodical must be separately copyrighted as though a separate work, +although the title may be registered as a trade-mark and possibly +protected in this way. A daily newspaper may thus be copyrighted day by +day at a cost of $365 per year, so as to protect all its original material +of substantial literary value. This was done in fact under the American +law previous to 1909, though periodicals were not specifically mentioned; +a daily price-list of the New York Cotton Exchange was so entered day by +day, but the question of maintaining such a copyright under the old law +seems never to have been tested in the courts, and New York dailies +copyrighted their Sunday cable letters separately.</p> + +<p class="sidenote"><a name="89"></a>News</p> + +<p>In respect to news, there is no provision in the new <a name="Page_89" +id="Page_89"></a><span class="pagenum">[Pg 89]</span>code. A bill to +protect news for twenty-four hours was at one time before Congress, but +was never passed. There is, therefore, no copyright protection for news as +such, but the general copyright of the newspaper or a special copyright +may protect the form of a dispatch, letter, or article containing news. +Thus the New York <i>Herald</i> copyrighted without question Dr. Cook's +Arctic dispatches, and the question as to the copyright by the New York +<i>Times</i> of Commander Peary's dispatches describing his dash for the +pole hinged solely on the question of ownership or authority to copyright, +as set forth in a later chapter. But any such copyright could not prevent +publication by other newspapers of the news that Cook and Peary claimed to +have reached the North Pole, at stated dates and under stated +circumstances, though their own form of statement of the facts could not +lawfully be copied except within "fair use."</p> + +<p>In 1892 Justice North in the English Court of Chancery, in Walter +<i>v.</i> Steinkopff, said that "although it is sometimes said that there +is no copyright in news, there could be copyright in the particular form +of language or mode of expression by which information is conveyed." The +English courts went further in two actions brought by the Exchange +Telegraph Co., 1895-97, in the first of which Gregory & Co. were +restrained from using information furnished to subscribers first as +unpublished matter before publication, second after publication because of +copyright on the publication, and third as "unfair competition." In 1902, +in Nat. Tel. News Co. <i>v.</i> West. Union Tel. Co., the U. S. +Circuit Court of Appeals protected news on ticker tapes, and in 1910, in +Press Assoc. <i>v.</i> Reporting Agency, the English Chancery Division +protected election reports on the last-named ground alone. </p> + +<p class="sidenote"><a name="90a"></a>British Periodicals</p> + +<p><a name="Page_90" id="Page_90"></a><span class="pagenum">[Pg +90]</span>The statutes of Great Britain have hitherto provided that a work +published in parts or a periodical may be fully protected by copyright +entry of the first part; the new code covers newspapers and periodicals +generally as collective works. When the London <i>Times'</i> memoir of +Beaconsfield was reprinted as a penny pamphlet, the <i>Times</i> brought +suit as a matter of common law right, but the judge held that a newspaper +was copyrightable under the statute, and therefore that a common law suit +could not hold.</p> + +<p class="sidenote"><a name="90b"></a>Oral works</p> + +<p>The American law now specifically protects oral works by including in +the classification (sec. 5, c) "lectures, sermons, addresses, prepared for +oral delivery," and by assuring (sec. 1, c) exclusive right "to deliver or +authorize the delivery of the copyrighted work in public for profit if it +be a lecture, sermon, address, or similar production." The phrase "similar +production" and the spirit of the statute suggest that, though the +manuscript of a book cannot be copyrighted prior to publication, a +"reading" from an unpublished book, as a chapter, scene, or poem, might be +registered and protected for oral delivery before publication; and the +Copyright Office will make such registry on such application. The former +law made no specific provision, but the courts seemed disposed to protect +a lecturer on the common law ground that the lecture read is not published +by reading, and can be controlled as a manuscript. In the application of +common law doctrine to extemporaneous or other oral deliveries, the +question of implied contract between the speaker and his auditors enters, +and the trend of court decisions is that a hearer who has purchased or +obtained a ticket, may make notes for his own use but may not publish them +for profit. In the leading English case of Abernethy <i>v.</i> Hutchinson, +in 1825, Lord Chancellor Eldon protected <a name="Page_91" +id="Page_91"></a><span class="pagenum">[Pg 91]</span> Dr. Abernethy +against the publication of notes of unwritten medical lectures, evidently +obtained through a student hearer.</p> + +<p class="sidenote"><a name="91a"></a>Newspaper reports</p> + +<p>Newspapers have, however, in practice freely republished lectures, and +probably even under the present law the courts would permit, unless report +was specifically and entirely forbidden by the speaker, a reasonable +report but not a <i>verbatim</i> reproduction of the address, as within +the bounds of "fair use." The publication of an unauthorized report by one +newspaper would not justify another newspaper in copying the report +without consent of the copyright proprietor on the ground of publication, +for such unauthorized publication cannot deprive the copyright proprietor +of his rights. If a speaker delivers an address, extemporaneously or even +from written manuscript without registering the address as an unpublished +work or taking other precautions, it is probable that the courts would +protect his rights at common law; but it would be hazardous not to take +advantage of the statute.</p> + +<p class="sidenote"><a name="91b"></a>Lectures in England</p> + +<p>Lectures have hitherto been protected in England in case the lecturer +gave notice of reservation in writing two days in advance to two justices +at the place of reading, but this complicated proviso caused speakers to +rely rather on the common law doctrine that oral delivery is not +publication. The new British code specifically provides that delivery is +not publication, but permits newspaper report unless the speaker prohibits +such report by notice posted near the main entrance and except during +public worship near the speaker's position; "newspaper summary" within +"fair dealing" is expressly permitted.</p> + +<p class="sidenote"><a name="91c"></a>Letters</p> + +<p>Letters are not specified either in English or American statutes under +copyright law. A private letter has been held an unpublished manuscript, +the right <a name="Page_92" id="Page_92"></a><span class="pagenum">[Pg +92]</span> to publish or copyright remaining with the author while living, +though the material letter, its paper and ink, has passed to the receiver. +Thus in 1741 Pope prevented Curl, an English bookseller, from republishing +his letters to Swift, and in 1774, in Thompson <i>v.</i> Stanhope, Lord +Chesterfield prevented his son's widow from publishing letters which he +had made a gift to her. Letters, however, are copyrightable by themselves +or as part of a book; and the writer may protect a letter against +unauthorized publication by himself publishing and copyrighting it. The +U. S. Supreme Court in 1841, in Folsom <i>v.</i> Marsh, enjoined the +republication of letters of Washington, published by authority in Sparks's +"Life of Washington," through Justice Story, who said: "The author of any +letter or letters, and his representatives, whether they are literary +letters or letters of business, possess the sole and exclusive copyright +therein; and no person, neither those to whom they are addressed, nor +other persons, have any right or authority to publish the same." But as +manuscripts posthumously published, the copyright in letters may belong to +the receiver or his assigns; and in Macmillan <i>v.</i> Dent, in 1906, the +English Court of Appeal held, where the owners of letters of Charles Lamb +had sold the copyright to certain publishers, these could not be +republished by another who had later bought the material letters even +under the authorization of the representative of Lamb's heirs. In Philip +<i>v.</i> Pennell, Whistler's executrix was denied an injunction to +prevent the use of biographical information obtained from the receivers of +letters. But <i>obiter dicta</i> indicated that the courts may grant to +the writer's representatives an injunction against publication or misuse. +The laws of some countries specifically permit the publication of letters +in the interest of justice. <a name="Page_93" id="Page_93"></a><span +class="pagenum">[Pg 93]</span>Unless the letter is of the nature of +privileged correspondence, the courts can probably require the production +of a letter in court, and in fact do subpœna telegraph companies to +produce the originals or transmittal records of telegrams in court, and +thus make them <i>quasi</i> public property. The sale of a manuscript +letter cannot authorize a vendee to publish it without consent of the +writer, and the receiver of a letter is perhaps bound to keep a letter +private or destroy it, if so required by the writer, but this is a right +difficult of enforcement if not doubtful <i>in esse</i>. The receiver of a +letter has probably a right to destroy it at his will, unless the writer +has required its return to him.</p> + +<p>The subject-matter of copyright in respect to musical and dramatic +compositions and works of art, is treated specifically in later chapters +on dramatic and musical copyright and on artistic copyright.</p> + +<p class="sidenote"><a name="93"></a>Designs patentable</p> + +<p>Designs for use in manufacture are, in the United States, subjects of +patent and not copyright. It is provided by the act of May 9, 1902, that +"any new, original, and ornamental design for an article of manufacture" +may be patented, and this classification inferentially excludes such +designs from copyright. This generalized description of design patents +replaced, at the suggestion of the Commissioner of Patents, the specific +descriptions in the design patents act of December 1, 1873, and adopted +instead the more comprehensive phraseology of the act of February 4, 1887, +for the punishment of infringement of design patents. In like manner the +new British code excludes designs registrable under the patents and +designs act, 1907, "except designs which, though capable of being so +registered, are not used or intended to be used as models or patterns to +be multiplied by any industrial process." </p> + +<p class="sidenote"><a name="94a"></a>Foreign practice</p> + +<p><a name="Page_94" id="Page_94"></a><span class="pagenum">[Pg +94]</span>"The foreign copyright legislation," as is stated in Copyright +Office Bulletin, No. 9 of 1905, "instead of specifically naming the +productions which are subject-matter of copyright, generally uses some +inclusive expression, such as 'all writings,' 'every kind of literary +work,' 'works of literature,' 'literary and scientific works,' 'every +production of literature and science,' and even such inclusive terms as +'every work of the intellect.'" Spain adds the inclusive phrase "produced +or published by ... any kind of impression or reproduction known now or +subsequently invented." Great Britain, most of her colonies, and some +other countries have set forth specific categories. But the new British +measure uses the general phrase "every original literary dramatic musical +and artistic work"—this replacing the several categories in the +several previous laws. In a few countries manuscripts, personal letters +and telegraphic messages, mostly in newspaper use, and in Ecuador, titles +of periodicals, are specifically scheduled as subjects of copyright.</p> + +<p class="sidenote"><a name="94b"></a>International definition</p> + +<p>The Berlin convention uses the general expression "literary and +artistic works," which it defines as including "all productions in the +literary, scientific or artistic domain, whatever the mode or form of +reproduction," then specifying in detail categories of literary, dramatic, +musical and other artistic works, as set forth in the chapter on +international conventions and arrangements.</p> + +<p><a name="Page_95" id="Page_95"></a><span class="pagenum">[Pg +95]</span></p> + +<h3 class="p4">VII</h3> + +<h4>OWNERSHIP OF COPYRIGHT: WHO MAY SECURE COPYRIGHT</h4> + +<p class="p2 sidenote"><a name="95a"></a>Persons named</p> + +<p>The American code of 1909 names (sec. 8) "the author or proprietor of +any work made the subject of copyright by this Act, or his executors, +administrators, or assigns" as the persons in whom the copyright may +lodge. It also provides specifically (sec. 62) that "the word 'author' +shall include an employer in the case of works made for hire."</p> + +<p>The American law formerly named "the author, inventor, designer, or +proprietor of any work, and the executors, administrators, or assigns of +any such person" as the persons in whom copyright may lodge. The Librarian +of Congress accordingly issued copyright certificates for books as to an +"author" or "proprietor" only, assuming usually that an editor was the +"author" and a publisher the "proprietor," and never going behind the +claim set forth in the application. Under the new law the applicant is +designated only as the "claimant," and no such distinction is made, except +that the Copyright Office has an index card for proprietor, as well as +author, when another than the author makes the application.</p> + +<p class="sidenote"><a name="95b"></a>The author primarily</p> + +<p>The author is the person primarily entitled to copyright. He may sell +or otherwise transfer his production before it is copyrighted, in which +case the new proprietor obtains all the common law rights of property, +both in the manuscript and its publication, including the right to +copyright. This common law right, including the right to copyright, may +extend, Drone argues, to the finder of an unpublished manuscript, <a +name="Page_96" id="Page_96"></a><span class="pagenum">[Pg +96]</span>provided no one successfully disputes his ownership of his find, +if the manuscript be copyrightable; but there are no decisions on this +point. If a copyright is taken out by another person (as the publisher of +the book), it is done impliedly in trust for the author, as is a usual +custom among American publishers. The proprietor is defined to mean "the +representative of an artist or author who might himself obtain +copyright."</p> + +<p class="sidenote"><a name="96"></a>Claimant's right to register</p> + +<p>The Register of Copyrights is not a <i>quasi</i> judicial officer, as +is the Commissioner of Patents, and he does not undertake to make decision +as to the right of the claimant, this question being one for determination +by the courts in specific instances. In cases of doubt, however, he may in +practice, for the sake of convenience and of clearness of record, call the +attention of the claimant to such doubt and invite explanation, but he +probably would not be justified in refusing to register the application +for a claimant who asserted his right to such entry. A former Librarian of +Congress, then directly the copyright officer, used to say that he would +enter copyright for any one on the Bible in King James' version if formal +application were made to him, thus emphasizing the statement that he had +no judicial authority. In the case of Everson <i>v.</i> John Russell +Young, then Librarian of Congress, Judge Cole in 1889, while refusing the +mandamus asked for, asserted incidentally that "the Librarian had no +discretion." Where a second application is made for the entry of the same +copyrightable work by a second party, the copyright officer would not +decline to register the second application, if the claimant insisted on +his right, after the fact of the first registration had been brought to +the second claimant's notice, and the question of ownership would have to +be brought before the courts. It <a name="Page_97" id="Page_97"></a><span +class="pagenum">[Pg 97]</span>is only in the case of works evidently not +copyrightable, or in the case of claimants not entitled to apply for +registration, as a citizen of a foreign country with which the United +States has no copyright relations, or in other cases evidently beyond the +scope of the law, that the copyright officer would exercise discretion and +decline to make the record.</p> + +<p class="sidenote"><a name="97"></a>Employer as author</p> + +<p>The provision of the new code specifically including as author (sec. +62) "an employer in the case of works made for hire" is new in American +law, but it adopts previous decisions of the courts. It does not, however, +adjudicate the application or specific definition of this phrase, which +remains in large measure a question of contract. Earlier copyright +decisions were to the effect that the authorship may inhere in the +employer, if the design of the work is so far his as to make him the +virtual creator and the actual writer a deputy merely; but that he is not +an author who "merely suggests the subject, and has no share in the design +or execution of the work." But under the new law, the case turns upon the +meaning of "employment," which would be clear in the case of writers paid +wages or salary for doing the work on an encyclopædia, but might not be +clear in the case of an author paid in advance or on account by a +publisher, though working on a general plan suggested or invented by the +publisher. In such cases the proprietary right, including the right to +secure copyright, depends upon the contract, implied or express, and the +courts will decide this according to the law of contracts. In Boucicault +<i>v.</i> Fox, in 1862, Judge Shipman, in the U. S. Circuit Court, +held, as to the play "The octoroon," that "a man's intellectual +productions are peculiarly his own, and he will not be deemed to have +parted with his right and transferred it to his employer until a valid +agreement <a name="Page_98" id="Page_98"></a><span class="pagenum">[Pg +98]</span>to that effect is adduced." It is safer in all cases, for the +protection of the employer and for the sake of clear relations with the +actual person who does the work, that there should be a definite +contract.</p> + +<p>When a salaried law reporter had been employed by the State of New York +under a law that the copyright of the Reports should vest in the State, +Judge Nelson for the Circuit Court of Appeals, in 1852, in Little +<i>v.</i> Gould, held as valid an entry by the Secretary of State, "in +trust for the State of New York," though no formal assignment had been +made.</p> + +<p class="sidenote"><a name="98a"></a>Implied ownership</p> + +<p>In the absence of specific contract, or even in some cases of specific +contract, many cross-questions may arise which the law does not and cannot +determine in advance. In the case of a book "with illustrations by John +Leech," where Leech retained the copyright of the designs, though the +publishers owned the wood on which he had drawn them, an English court +held to a distinction between the copyright and the right to the material, +and directed the publishers to waive their lesser right and surrender the +blocks, in view of the circumstances of the contract.</p> + +<p class="sidenote"><a name="98b"></a>Protection outside of copyright</p> + +<p>Most of the cases arising as to ownership are, in fact, issues outside +of copyright law, as when in 1883 in Clemens <i>v.</i> Belford, in the +U. S. Circuit Court in Illinois, Samuel L. Clemens vainly sought to +restrain the use of his pen-name, "Mark Twain," in a collection of his +uncopyrighted papers, Judge Blodgett holding that whoever has a right to +publish has a right to state authorship, though an author can restrain the +publication over his name of things he did not write. The same doctrine +was upheld in 1910 in Ellis <i>v.</i> Hurst, where a publisher had printed +with the real name of the author some non-copyright books which Edward S. +Ellis had put forth under a <a name="Page_99" id="Page_99"></a><span +class="pagenum">[Pg 99]</span>pseudonym. Judge Greenbaum, in the N. Y. +Supreme Court, held that the law insuring right of privacy does not +prevent the use of a writer's name on a book undoubtedly of his +writing.</p> + +<p>In 1908 Mr. Clemens sought in vain to prevent the use by others of his +pseudonym, "Mark Twain," by incorporating a company with this name, +planning thus to secure the exclusive use of the name for this corporation +and practically obtaining a continuing trade-mark protection for it under +this device. But that an author may protect a <i>nom de plume</i> of +settled use independent of copyright or trade-mark was held in Landa v. +Greenberg in 1908, in Chancery Division.</p> + +<p class="sidenote"><a name="99"></a>Work in cyclopædias</p> + +<p>When, as in the case of a cyclopædia, many persons are employed at the +offices of an employer, using his materials and facilities, and especially +if on salary, the courts would undoubtedly uphold his full proprietorship +in their work. Where outside persons contribute special articles, the +presumption would probably be that the ownership of the copyright, for +that special publication, vested in the employer, but that neither he, +without the author's consent, nor the author, without his consent, could +publish the article in other competing shape. In Bullen <i>v.</i> Aflalo, +the House of Lords, in 1903, reversing the lower courts, protected the +proprietors of an encyclopædia who had purchased articles from authors, +against reprints of the material elsewhere, by the authors themselves, on +the ground "that the right to obtain copyright was intended to pass to the +publisher, otherwise he would get nothing from his bargain; and unless the +publisher and proprietor of the encyclopædia stood in the shoes of the +actual writer and was the proprietor of the copyright, he would have +nothing for his money, because the articles might be published by others +and he would have no remedy, not having the copyright." </p> + +<p class="sidenote"><a name="100a"></a>Association of author's name</p> + +<p><a name="Page_100" id="Page_100"></a><span class="pagenum">[Pg +100]</span>The right of a contributor to have his name associated with his +work in the case of an encyclopædia, at issue in Basil Jones <i>v.</i> +American Law Book Co., where the individual writer's name was replaced by +that of a distinguished jurist, though upheld in 1905 by Judge McCall in +the N. Y. Supreme Court, was denied in the reversal of this decision in +1908 by the Appellate Division through Judge Houghton.</p> + +<p class="sidenote"><a name="100b"></a>Added material and alteration</p> + +<p>Where a publisher had affixed additional material to a copyrighted +book, the author was denied relief in Holloway <i>v.</i> Bradley, in 1886, +by Judge Butler in the U. S. Circuit Court; but this decision would +not hold where the added material was so placed as to give the false +impression that it was written by the author of the copyrighted work. Thus +in 1910, in Gilbert <i>v.</i> Workman, Sir W. S. Gilbert obtained an order +in the Chancery Division through Justice Neville against the interpolation +of a song into his copyrighted opera without his consent.</p> + +<p class="sidenote"><a name="100c"></a>Separate registration of +contributions</p> + +<p>This would hold true to like extent in respect to alterations, which +might be permissible when in the nature of proof-reading correction or +editorial revision, but contrary to equity when they pervert, obscure, or +otherwise misrepresent the author.</p> + +<p>In respect to composite works, the new American code indicates (sec. +23) that there may be separate registration of contributions, +inferentially in the person of "an individual author," as distinguished +from the general entry for copyright of the composite work. This doubtless +refers to the practice, for instance, of the entry in his own name of his +specific work, by a novelist or other contributor to a periodical, in +addition to the general entry of the number of the periodical of which it +is a copyrightable component part. The only direct effect is to give to +the specific author <i>prima facie</i> evidence of ownership in his +specific contribution, <a name="Page_101" id="Page_101"></a><span +class="pagenum">[Pg 101]</span>as distinguished from the right of the +proprietor of the general copyright, and in some respects the clause is +ambiguous and perhaps misleading, making it the more desirable that the +relation of the individual author should be defined by contract. It is not +really in conflict, however, with the principle that there cannot be two +copyrights in the same work, as the evident distinction implied is that +the proprietor of the general copyright holds the right for publication in +the periodical and that the specific author reserves the right of +publication in other form, which distinction is sufficiently provided for +as a matter of contract and does not depend upon specific entry of the +contribution. The wisest course may be for the proprietor of the +periodical or other composite work to reassign his interest in the +specific contribution, as was done by the proprietors of the <i>Smart +Set</i> as adjudicated in the case of Dam <i>v.</i> Kirke La Shelle Co., +cited in the chapter on dramatic and musical copyright, and thus remove +possible doubt as to ownership.</p> + +<p class="sidenote"><a name="101a"></a>Anonymous works</p> + +<p>There is no specific reference in the new American code as to anonymous +or pseudonymous works, except as to duration of copyright. In practice, +the Copyright Office assumes that the applicant for the entry of an +anonymous or pseudonymous work is the qualified and legal author or +proprietor, and any disputed question of fact would ultimately be decided +by the courts.</p> + +<p class="sidenote"><a name="101b"></a>Joint authorship</p> + +<p>There may be joint authorship in a work of common design, in which case +the joint authors will become owners in common of the undivided property; +but mere alterations or work on specific parts could not justify claim to +more than such alterations or parts. The copyright would naturally be +entered in both names, but as one copyright; it was held in <a +name="Page_102" id="Page_102"></a><span class="pagenum">[Pg +102]</span>1902, in Mifflin <i>v.</i> Dutton, by the U. S. Supreme +Court, that "there cannot be duplicate copyrights of the same book in +different names." If one of the joint authors and not the other should +apply for entry, the Copyright Office would in practice probably record +the copyright claim on the presumption that the author was acting in the +common interest; but if two joint authors applied simultaneously and +severally, the question of ownership would have to be settled by the +courts.</p> + +<p class="sidenote"><a name="102a"></a>Corporate bodies</p> + +<p>A corporate body, even though not incorporated under statute, is +considered an author in the case of its own proceedings or similar +publications, and in 1903 Justice Holmes rendered the decision of the +U. S. Supreme Court in the case of Bleistein <i>v.</i> Donaldson +Lith. Co., though the court was divided on the subject, that a copyright +taken in the name of the Courier Lithographing Company, which was only the +trade name of the complainant, was valid.</p> + +<p class="sidenote"><a name="102b"></a>Posthumous works</p> + +<p>In the case of posthumous works, the person entitled to copyright would +be the executor, administrator, or the heirs of the author, and the owner +of an unpublished manuscript could probably enter and maintain copyright +in the absence of other legal claimant.</p> + +<p class="sidenote"><a name="102c"></a>The Peary cases<br /> + +Opposing decisions</p> + +<p>The first important case under the new American code, in September, +1909, dealt with the question who may obtain copyright. On the report of +the discovery of the North Pole, the New York <i>Herald</i> procured from +Dr. Cook his account of his journey and copyrighted it on its publication +in the <i>Herald</i>,—which copyright does not seem to have been +questioned. Immediately thereafter came Commander Peary's account of his +polar journey, for which the New York <i>Times</i> had contracted with him +before his departure in the previous year. The Peary report was published +<a name="Page_103" id="Page_103"></a><span class="pagenum">[Pg +103]</span>simultaneously by the New York <i>Times</i> and the London +<i>Times</i>, but the difference of five hours enabled the correspondents +of the New York <i>Sun</i> and <i>World</i> to cable the report to their +respective papers in time for publication at the same hour in America as +in the New York <i>Times</i>. Anticipating this course, the New York +<i>Times</i> had taken the precaution to publish the report in pamphlet or +"book" form some hours before newspaper publication, and to copyright this +as a book. When an injunction was asked in the U. S. Circuit Court +from Judge Hand, that judge granted the injunction, but on the required +production of the contract in court, dissolved his injunction on the +ground that the contract between Peary and the New York <i>Times</i> gave +to the <i>Times</i> only the right to news publication and specifically +reserved to Peary magazine and book rights. He inferred thus that the +<i>Times</i> had no right to copyright the news report as a book, and was +not the agent of the author for that purpose. To the contrary, Judge +Grosscup in Chicago, in an exactly similar case against the Chicago +<i>Inter-Ocean</i> and other Chicago papers, and with the contract before +him, maintained the copyright by the <i>Times</i>. The two contradictory +decisions have not so far been adjudicated in the higher courts. It will +be observed that the question is not strictly one of copyright, but of +contract, and that it is not denied that the news report, in the literary +form given it by the author, was a proper subject of copyright, though the +news of the discovery of the North Pole might not be copyrightable. Judge +Hand perhaps erred in assuming that there could be separate copyright for +news, magazine, or book publication, overlooking the fact that Peary had +conferred on the <i>Times</i> authority to protect the report sent to it +by cable, while reserving to himself rights <a name="Page_104" +id="Page_104"></a><span class="pagenum">[Pg 104]</span>in magazine or book +publication of his material, whether in the same or different form.</p> + +<p class="sidenote"><a name="104a"></a>Renewal rights</p> + +<p>In the renewal of copyright, the new American code follows the previous +law in differentiating the persons entitled to renew the copyright. It +provides (sec. 23) that in the case of a posthumous composite or corporate +work originally copyrighted by the proprietor thereof or a work made for +hire, the proprietor of such copyright shall be entitled to a renewal; but +in other cases, including a separately registered contribution by an +individual to a composite work, the author or the widow, widower or +children, or, if such be not living, the author's executors or next of kin +shall be entitled to a renewal. This means that there can be no renewal by +an assignee proprietor, and that in the absence of natural heirs of a +personal author, no person is entitled to a renewal of his copyright. The +new law has been specifically construed to this effect by the +Attorney-General in his opinion of February 3, 1910. It should be noted +that the word "administrators," included in the provision as to original +application (sec. 8), is omitted from the provision as to renewal (sec. +23) including renewal of existing copyrights (sec. 24), indicating that +while an author may make bequest of copyright for the renewal term, which +right may then be claimed by his executor, the right to renew lapses when +he makes no will and has no next of kin to inherit the right of +renewal.</p> + +<p class="sidenote"><a name="104b"></a>Assignments</p> + +<p>Specific provision as to the method and record of the transfer of +copyrights by assignments are contained in the following provisions of the +code of 1909:</p> + +<p>"(Sec. 42.) That copyright secured under this or previous Acts of the +United States may be assigned, granted, or mortgaged by an instrument in +writing signed by the proprietor of the copyright, or may be bequeathed by +will. </p> + +<p><a name="Page_105" id="Page_105"></a><span class="pagenum">[Pg 105]</span> +"(Sec. 43.) That every assignment of copyright executed in a foreign +country shall be acknowledged by the assignor before a consular officer or +secretary of legation of the United States authorized by law to administer +oaths or perform notarial acts. The certificate of such acknowledgment +under the hand and official seal of such consular officer or secretary of +legation shall be <i>prima facie</i> evidence of the execution of the +instrument.</p> + +<p class="sidenote"><a name="105a"></a>Assignment record</p> + +<p>"(Sec. 44.) That every assignment of copyright shall be recorded in the +copyright office within three calendar months after its execution in the +United States or within six calendar months after its execution without +the limits of the United States, in default of which it shall be void as +against any subsequent purchaser or mortgagee for a valuable +consideration, without notice, whose assignment has been duly +recorded.</p> + +<p>"(Sec. 45.) That the register of copyrights shall, upon payment of the +prescribed fee, record such assignment, and shall return it to the sender +with a certificate of record attached under seal of the copyright office, +and upon the payment of the fee prescribed by this Act he shall furnish to +any person requesting the same a certified copy thereof under the said +seal.</p> + +<p class="sidenote"><a name="105b"></a>Substitution of name</p> + +<p>"(Sec. 46). That when an assignment of the copyright in a specified +book or other work has been recorded the assignee may substitute his name +for that of the assignor in the statutory notice of copyright prescribed +by this Act."</p> + +<p>It should be noted that this last provision, authorizing the +substitution of a name, is applicable only to the general copyright in a +work, and not to a divided right; otherwise there would seem to be more +than one copyright in the same work. The Copyright Office will, however, +record assignments of specific <a name="Page_106" id="Page_106"></a><span +class="pagenum">[Pg 106]</span>or divided rights without reference to this +power of substitution. Further assignment from one assignee to another is +permissible to any extent, and in cases of repeated assignment of a +general copyright there may be further substitution of names.</p> + +<p class="sidenote"><a name="106a"></a>Witnesses</p> + +<p>There is no specific requirement as to the witnessing of assignments, +which would therefore follow the usual principles of law. This was, +however, an important question in England, and under the early English +statute the courts held that assignments must be in writing, attested by +two witnesses; the later statute of Victoria modified the language, and +the new English code requires assignment in writing signed by the owner or +his authorized agent, without specifying witnesses. But assignment of +common law rights (as in an unpublished manuscript) may doubtless be by +word of mouth.</p> + +<p class="sidenote"><a name="106b"></a>"Outrights" and renewal</p> + +<p>Where an author sells his entire rights "outright," he cannot transfer +the right to take out renewal, but he may directly or by inference bind +himself to apply for such renewal in the interest of the new proprietor. +Under such a contract, this proprietor could probably require him by +equity proceedings to take this step. Such a contract, however, would not +bar the author from his right to renewal under the copyright law and +through the Copyright Office, although it is possible that the courts +might enjoin an author from renewal or assignment of a renewed copyright +in the interest of another than the original assignee. It should be noted +that in the case of composite, corporate or like impersonal works, +copyrighted under the new code, renewal is not restricted to the +<i>original</i> proprietor, though by analogy this should be the practice; +but that in the case of renewal of copyrights existing before July 1, +1909, and in extension of the present renewal terms, the use of the phrase +"such proprietor," referring <a name="Page_107" id="Page_107"></a><span +class="pagenum">[Pg 107]</span>back to "the original proprietor," does +make such limitation.</p> + +<p class="sidenote"><a name="107a"></a>Proof of proprietorship</p> + +<p>Where the copyright proprietor of record is not the author, the courts +may require him to prove his rights, in default of which the copyright +certificate will be adjudged null and void, as was done in 1909 by the +Circuit Court of Appeals both in Bosselman <i>v.</i> Richardson, where a +son copyrighted paintings by his father and failed to prove that they had +not before been published, and in Saake <i>v.</i> Lederer, where the court +canceled the copyright of the play "Old Heidelberg" because Lederer had +obtained from the German author only a license to perform and not a right +to copyright.</p> + +<p class="sidenote"><a name="107b"></a>Foreign citizens</p> + +<p>As to copyright by others than citizens of the country, the law of 1909 +provides (sec. 8) "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:</p> + +<p>"(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</p> + +<p>"(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 by treaty; 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.</p> + +<p>"The existence of the reciprocal conditions aforesaid shall be +determined by the President of the <a name="Page_108" +id="Page_108"></a><span class="pagenum">[Pg 108]</span>United States, by +proclamation made from time to time, as the purposes of this Act may +require."</p> + +<p class="sidenote"><a name="108a"></a>Earlier provisions</p> + +<p>The Revised Statutes formerly extended copyright to "a citizen of the +United States or <i>resident therein</i> or his widow or children," and +the act of 1891 provided for a <i>quasi</i> international copyright on a +basis similar to that in subsection (b), cited above, of the law of 1909, +<i>i. e.</i> on a basis of reciprocity. The new American code practically +adopts the features both of the Revised Statutes and the act of 1891, +though with verbal and substantial differences. The word "domiciled" is +new in the law and has yet to be construed in a copyright case, but it is +presumably the equivalent of "resident." The new Rules and Regulations of +the Copyright Office use the phrase "(2) a resident alien domiciled in the +United States at the time of the first publication of his work."</p> + +<p class="sidenote"><a name="108b"></a>Residence</p> + +<p>A resident, under the American decisions, is a person who intends to +reside permanently in this country. It is decided by the intention of the +resident. A person who is residing here without intention of permanence +probably cannot maintain copyright under this clause. For English +copyright, on the contrary, a person temporarily residing in His Majesty's +dominions has been considered a resident. "The United States" would +doubtless be construed to include territories and dependencies, as +specific jurisdiction is given (sec. 34) to stated courts in Alaska, +Hawaii, the Philippine Islands and Porto Rico, in addition to the general +decisions of the U. S. Supreme Court.</p> + +<p>Under the statute of Anne the English courts differed persistently on +the question whether a non-resident foreigner could obtain British +copyright by first publication within the British dominions, until in +1854, in the ultimate case of Jefferys <i>v.</i> Boosey, the House of +Lords, after consulting the judges, of whom <a name="Page_109" +id="Page_109"></a><span class="pagenum">[Pg 109]</span>six denied and four +sustained the contention, decided unanimously that a non-resident +foreigner could not acquire copyright by first publication. Under the law +of 1842, the question was again raised, in view of the variation of the +language from that in the statute of Anne; in 1868, in the case of +Routledge <i>v.</i> Low, in which an American author claimed copyright for +his work first published in London while he resided for a few days in +Canada, the House of Lords held that a foreigner might thus obtain +copyright by temporary residence within the British dominions and +indicated, but did not decide, that a foreigner could obtain copyright by +first publication, even if not temporarily resident within the British +dominions. After the passage of the "international copyright amendment" in +1891, the American law authorities consulted with the law officers of the +Crown, who rendered a decision that foreign authors were entitled to +British copyright on the sole condition of first publication, and on this +decision the President based his proclamation of reciprocal relations with +Great Britain. The new British measure retains first publication within +the included parts of the Empire as the essential condition, except in +unpublished works, unless otherwise provided under international +copyright, though the Crown may withdraw this privilege from foreigners +whose countries do not assure reciprocity.</p> + +<p class="sidenote"><a name="109a"></a>Intending citizens</p> + +<p>The provision of subsection (a) is chiefly useful, it would seem, to +protect intending citizens who have applied for naturalization papers and +incidentally renounced their previous allegiance to another power and thus +put themselves beyond the pale of the international conventions.</p> + +<p class="sidenote"><a name="109b"></a>Time of first publication</p> + +<p>"First publication" is not limited in terms to the United States, and +the "alien author or proprietor," provided he makes application under this +clause and <a name="Page_110" id="Page_110"></a><span class="pagenum">[Pg +110]</span>is not a citizen of a country with which the United States has +a copyright convention, must therefore be domiciled here, it would seem, +at the time of first publication, in whatever country that may be.</p> + +<p class="sidenote"><a name="110"></a>Non-qualified authors cannot +transfer</p> + +<p>It has twice been decided, both prior to and since the "international +copyright amendment" of 1891, that a foreign author not qualified to +secure a copyright cannot indirectly obtain one by assignment to an +American or other proprietor. In 1890 J. M. Barrie assigned to J. W. +Lovell, and he to the U. S. Book Company, his American rights in "The +little minister," and after the act of 1891 the latter endeavored to +restrain a dramatization of the story. Judge Jenkins held with the lower +court that the foreign author could transfer only, prior to the act, the +right to publish from advance sheets and not the right to copyright. In +the case of Bong <i>v.</i> Campbell Art Co., in which it was sought to +protect under the act of 1891 a work by a Peruvian painter, Hernandez, +whose country had no international relations with the United States, +through transfer to a German proprietor, whose country had reciprocal +relations, it was held in 1909 by the U. S. Supreme Court, through +Justice McKenna, that an author who is a citizen of a country with which +the United States has no copyright relations cannot indirectly obtain +American copyright by making a citizen of a country with which the United +States has copyright relations the proprietor of his work. A proprietor +has been construed by the courts to mean merely an assignee of a qualified +author. It is evident, therefore, despite the ambiguous phrasing of the +statute, that an assignee proprietor, though domiciled in the United +States at the time of first publication of a work, could not obtain +copyright unless the author were so domiciled, for the contrary ruling +would nullify the general purport of <a name="Page_111" +id="Page_111"></a><span class="pagenum">[Pg 111]</span>the law by +permitting an assignee to acquire rights which the non-qualified author +could not secure. The evident construction of the word "proprietor" in +this clause is as proprietor of an impersonal work and not an assignee +proprietor. The Rules and Regulations of the Copyright Office, construing +the code of 1909, say specifically (2): "If the author of the work should +be a person who could not himself claim the benefit of the copyright act, +the proprietor cannot claim it."</p> + +<p class="sidenote"><a name="111a"></a>Foreign ownership</p> + +<p>But it seems that a foreigner may enter copyright in the work of a +citizen or resident author—it being foreign authorship, not +ownership, which the law refuses to protect, though this point has not +been judicially determined. Under the provision (sec. 62) of the new +American code giving copyright to an employer as author "in the case of +works made for hire," it would seem that a person entitled to make +copyright entry might, as an employer, obtain copyright on the work of an +alien employee not domiciled here and not otherwise entitled to enter +copyright; but it is probable that this construction would not extend to a +separate or separable work, as this would be contrary to the principles +adjudicated as above cited.</p> + +<p>The complicated question of the ownership and the right to secure +copyright in translations from foreign works or into foreign languages, +under this international copyright provision, is covered under translation +in the preceding chapter on subject-matter of copyright.</p> + +<p class="sidenote"><a name="111b"></a>Proclaimed countries</p> + +<p>Under the provisions of the international copyright clause of 1891 +Presidential proclamations have designated as countries with which the +United States has copyright relations (July 1, 1891) Belgium, France, +Great Britain and her possessions, Switzerland; (April 15, 1892) Germany; +(October 31, 1892) Italy; (May 8, 1893) Denmark; (July 20, 1893) Portugal; +<a name="Page_112" id="Page_112"></a><span class="pagenum">[Pg +112]</span>(July 10, 1895) Spain; (February 27, 1896) Mexico; (May 25, +1896) Chile; (October 19, 1899) Costa Rica; (November 20, 1899) Holland +and possessions; (November 17, 1903) Cuba; (January 13, 1904) +China—this treaty of October 8, 1903, protecting for ten years +books, maps, prints or engravings "especially prepared for the use and +education of the Chinese people," or "translation into Chinese of any +book," but leaving to Chinese subjects liberty to make "original +translations into Chinese"; (July 1, 1905) Norway; (May 17, 1906) +Japan—this treaty of November 10, 1905, also excepting translations, +and (August 11, 1908) additionally protecting Japanese relations in China +and Korea; (September 20, 1907) Austria, not including Hungary; and (April +9, 1908) under the Pan American convention signed in Mexico City, January +27, 1902, effective from July 1, 1908, Guatemala, Salvador, Costa Rica, +Honduras and Nicaragua.</p> + +<p class="sidenote">Under act of 1909</p> + +<p>Under the provisions of the act of 1909, the President of the United +States issued a general proclamation, dated April 9, 1910, certifying anew +to the existence of reciprocal relations with the above-mentioned +countries, under the arrangements of the new act, as from its effective +date July 1, 1909. This accepted such relations as continuous and +uninterrupted, without the necessity of new treaties, with the effect that +international copyrights before July 1, 1909, were under the arrangements +of the act of 1891 and from and after that date under the arrangements of +the code of 1909. Luxemburg was added by proclamation of June 29, 1910, +and Sweden by that of May 26, 1911. Proclamations of December 8, 1910, as +to Germany, and June 14, 1911, as to Belgium, Luxemburg and Norway, +proclaimed reciprocal relations as to mechanical reproductions.</p> + +<p class="sidenote"><a name="113a"></a>Buenos Aires convention</p> + +<p>The ratification of the Buenos Aires convention <a name="Page_113" +id="Page_113"></a><span class="pagenum">[Pg 113]</span>by the U. S. +Senate, February 16, 1911, has the effect of authorizing the President to +proclaim reciprocal relations with other countries which are parties to +that treaty, as each ratifies the convention.</p> + +<p class="sidenote"><a name="113b"></a>The new British code</p> + +<p>The new British measure specifies that "the author of a work shall be +the first owner of the copyright," except where an engraving, photograph, +or portrait is ordered for valuable consideration or where work is done in +the course of employment. The owner may assign the copyright in writing, +"either wholly or partially, and either generally or subject to +limitations to any particular country, and either for the whole term of +the copyright or for any part thereof, and may grant any interest in the +right by license"; in case of partial assignment, the original owner and +the assignee become respectively the owners of the residual and assigned +portions of the copyright. But any assignment, except by will, becomes +null and void twenty-five years after the death of the author when the +entire rights revert to his heirs.</p> + +<p class="sidenote"><a name="113c"></a>Foreign practice</p> + +<p>In general the statutes of most of the copyright countries designate +"authors" and their "assigns and heirs" as the persons who may obtain +copyright. The Australian law of 1905 defines "author" to include "the +personal representatives of an author." In certain countries the laws +specifically mention as persons who may secure copyright "joint authors," +"proprietors" in some countries and "publishers" in other countries of +anonymous and pseudonymous, posthumous or unpublished works, periodicals +and composite works, "corporate bodies," "translators," "editors, +compilers or adapters" and "persons who give a commission for a portrait +or photograph."</p> + +<p><a name="Page_114" id="Page_114"></a><span class="pagenum">[Pg +114]</span></p> + +<h3 class="p4">VIII</h3> + +<h4>DURATION OF COPYRIGHT: TERM AND RENEWAL</h4> + +<p class="p2 sidenote"><a name="114a"></a>Historic precedent</p> + +<p>The duration of copyright was in the early printers' privileges for a +short term, as for seven years, except in France, where copyrights were in +perpetuity until the act of the National Assembly; in modern times the +copyright term has been lengthened until a term extending through and +beyond the life of the author has been adopted by thirty-seven countries, +or more than half of those which have copyright laws, of which four assure +perpetual copyright. The Constitution imposes only one limitation on the +comprehensive rights of authors, in the provision that protection shall be +"for limited times" only. This provision has made the discussion of +perpetual copyright purely academic in this country. The new American code +adopts the double term of twenty-eight and twenty-eight years, making +fifty-six years in all, without reference to the life of the author.</p> + +<p class="sidenote"><a name="114b"></a>Previous American practice</p> + +<p>The American law previous to 1909 provided for a uniform term of +twenty-eight years, dating from the time of recording the title, with a +renewal of fourteen years, securable only by the author, or, if he be dead +at the expiration of the term, by his widow or children. No other heirs or +persons could renew. The new code differs in making the renewal period a +second twenty-eight years and extending the right of renewal to the +executors or next of kin and to the proprietors of composite or other +impersonal works; but it still denies renewal to assignee proprietors of +personal works. </p> + +<p class="sidenote"><a name="115a"></a>Term in code of 1909</p> + +<p><a name="Page_115" id="Page_115"></a><span class="pagenum">[Pg +115]</span>The American code of 1909 provides (sec. 23) "that the +copyright secured by this Act shall endure for twenty-eight years from the +date of first publication, whether the copyrighted work bears the author's +true name or is published anonymously or under an assumed name," and makes +provision also in the cases specified for renewal for a second period of +twenty-eight years, provided that renewal application is registered in the +Copyright Office "within one year prior to the expiration of the original +term of copyright."</p> + +<p class="sidenote"><a name="115b"></a>Renewal</p> + +<p>The provisions as to renewal are in full as follows (sec. 23): +"<i>Provided</i>, That in the case of any posthumous work or of any +periodical, cyclopædic, or other composite work upon which the copyright +was originally secured by the proprietor thereof, or of any work +copyrighted by a corporate body (otherwise than as assignee or licensee of +the individual author) or by an employer for whom such work is made for +hire, the proprietor of such copyright shall be entitled to a renewal and +extension of the copyright in such work for the further term of +twenty-eight years when application for such renewal and extension shall +have been made to the copyright office and duly registered therein within +one year prior to the expiration of the original term of copyright: <i>And +provided further</i>, That in the case of any other copyrighted work, +including a contribution by an individual author to a periodical or to a +cyclopædic or other composite work when such contribution has been +separately registered, the author of such work, if still living, or the +widow, widower or children of the author, if the author be not living, or +if such author, widow, widower, or children be not living, then the +author's executors, or in the absence of a will, his next of kin shall be +entitled to a renewal and extension of the <a name="Page_116" +id="Page_116"></a><span class="pagenum">[Pg 116]</span>copyright in such +work for a further term of twenty-eight years when application for such +renewal and extension shall have been made to the copyright office and +duly registered therein within one year prior to the expiration of the +original term of copyright: <i>And provided further</i>, That in default +of the registration of such application for renewal and extension, the +copyright in any work shall determine at the expiration of twenty-eight +years from first publication."</p> + +<p class="sidenote"><a name="116a"></a>Extension of subsisting +copyrights</p> + +<p>The extension of copyrights subsisting July 1, 1909, is provided for as +follows (sec. 24): "That the copyright subsisting in any work at the time +when this Act goes into effect may, at the expiration of the term provided +for under existing law, be renewed and extended by the author of such work +if still living, or the widow, widower, or children of the author, if the +author be not living, or if such author, widow, widower, or children be +not living, then by the author's executors, or in the absence of a will, +his next of kin, for a further period such that the entire term shall be +equal to that secured by this Act, including the renewal period: +<i>Provided, however</i>, That if the work be a composite work upon which +copyright was originally secured by the proprietor thereof, then such +proprietor shall be entitled to the privilege of renewal and extension +granted under this section: <i>Provided</i>, That application for such +renewal and extension shall be made to the copyright office and duly +registered therein within one year prior to the expiration of the existing +term."</p> + +<p class="sidenote"><a name="116b"></a>Assignee of unpublished +manuscripts</p> + +<p>In holding with the Attorney-General that an assignee cannot obtain +renewal, Judge Brown in the U. S. Circuit Court in Rhode Island, in +White Smith <i>v.</i> Goff, in 1910, raised but did not decide the +"difficult" question whether, if an author sells his unpublished +manuscript with right to publish and copyright, <a name="Page_117" +id="Page_117"></a><span class="pagenum">[Pg 117]</span>the new owner as +the original copyright proprietor may claim renewal, or whether the author +might reclaim the right.</p> + +<p class="sidenote"><a name="117a"></a>Extension of subsisting +renewals</p> + +<p>Under the provisions of the renewal clauses (sec. 24), not only may the +original copyright term of a subsisting copyright be renewed for the +longer term of twenty-eight years instead of fourteen years, but a +subsisting copyright renewal may be extended from the added fourteen years +to the full renewal term of twenty-eight years, and a separate application +form for this latter class of cases is provided by the Copyright +Office.</p> + +<p class="sidenote"><a name="117b"></a>Publishers' equities</p> + +<p>In the copyright conferences, it was pointed out by publishers that the +right of the author to renewal, and the implied denial of that right to an +assignee proprietor, placed at serious disadvantage a publisher who had +made investment in plates of an author's works, and would be deprived of +the use of his investment at the end of the original term in case the +author preferred to make arrangements with another publisher for the +renewal term. The Congressional Committee failed, however, to provide a +remedy for this through the proposed Monroe-Smith amendment, requiring +that in such case author and publisher should unite in the application for +renewal. No contract on the part of an author can give a publisher the +right to claim copyright renewal under the new code, although a contract +to make claim for the renewal period and transfer the copyright for the +renewal period to the publisher, might be enforced by the courts through a +writ requiring the author to enter such claim and assign the renewed +copyright in accordance with the contract. When a copyrighted work is sold +"outright," it therefore does not include renewal of the copyright, and +unless the author registers his renewal claim, the right to renewal +lapses. </p> + +<p class="sidenote"><a name="118a"></a>Estoppel of renewal</p> + +<p><a name="Page_118" id="Page_118"></a><span class="pagenum">[Pg +118]</span>Where an author has sold "outright" all his right, title and +interest in his work, it is possible that this may estop him from +application for renewal or invalidate a renewal, but this question must be +decided by the courts when a case arises. It is important that any +contract between author and publisher should be clear and specific on this +vexed question of rights for the renewal term. No provision is made for +notification of renewal in the copyright notice, and therefore, after the +expiration of the original term, information must be sought from the +Copyright Office as to whether there has been renewal extension of the +term. As it would be hazardous to omit the original copyright notice or to +replace it by one giving the date of renewal, which might be construed to +involve claim of a longer term and thus defeat itself, it may prove the +wiser course to add to the official original notice, the unofficial notice +"Copyright renewed, 19__."</p> + +<p class="sidenote"><a name="118b"></a>Life term and beyond</p> + +<p>The international copyright convention, as modified at the Berlin +conference of 1908, adopted the term of life and fifty +years,—previously in force in France and fourteen other +countries,—subject to adoption by domestic legislation. A term of +life and a specified number of years after the death of the author, +preferably fifty years for personal works, and a term of fifty years for +impersonal works, was advocated by the American Copyright leagues and +other friends of copyright and was in the early drafts of the new +copyright code.</p> + +<p>It was pointed out that Emerson, Longfellow, Lowell, Whittier, Holmes +and others outlived their earlier copyrights; that Edward Everett Hale, +whose "Man without a country" did for this nation a patriotic service +scarcely second to that of the great generals of the civil war, had no +longer copyright in this work, although private soldiers, their relicts +and descendants, <a name="Page_119" id="Page_119"></a><span +class="pagenum">[Pg 119]</span>were still paid pensions; and that many +others of our foremost authors had been, or under the present system would +be, deprived of their created property within their lifetime. The term +advocated provides for the author and his children's children during the +probable minority of the grandchildren, a period to which the entail of +realty is limited by our laws. But the final decision of the Congressional +Committees was for the simpler, though in other respects less +satisfactory, period of twenty-eight years, as heretofore, with a renewal +period of a second twenty-eight years, under the limitations above cited. +No other countries, except Canada and Newfoundland, following our example, +have this double or renewal term.</p> + +<p class="sidenote"><a name="119a"></a>Unpublished works</p> + +<p>As a lecture or other work intended for oral delivery or a dramatic or +musical work or a work of art, an unpublished dramatic or musical work or +a work of art not reproduced in copies for sale is copyrightable without +reference to date of publication, it is not altogether certain whether the +term extends from the date of registration or the date of first delivery, +performance or exhibition, or whether the statutory law now protects such +a work under common law as unpublished, pending publication and therefore +for an indefinite period if not practically in perpetuity. The Copyright +Office issues a certificate for twenty-eight years, but without reference +to initial date, which would be presumably the date of the certificate. +The Copyright Office will doubtless, under this precedent, issue renewal +certificate for the second term of twenty-eight years.</p> + +<p class="sidenote"><a name="119b"></a>Publication as date of +copyright</p> + +<p>As the new copyright code makes publication with notice the basis of +copyright instead of entry and deposit, as formerly, the term of copyright +now dates from publication, and "the date of publication" is specifically +defined (sec. 62) as "the earliest date <a name="Page_120" +id="Page_120"></a><span class="pagenum">[Pg 120]</span>when copies of the +first authorized edition were placed on sale, sold, or publicly +distributed by the proprietor of the copyright or under his authority." +Such date is included in the application for registry at the Copyright +Office, and on the same day twenty-eight years or fifty-six years +thereafter the copyright ends. A provision for terminating copyrights at +the end of the calendar year of expiration was included in the early +drafts of the code, but was not included in the law as enacted.</p> + +<p class="sidenote"><a name="120a"></a>Serial publication</p> + +<p>In the case of works published and copyrighted as serials, as a novel +published in parts in a monthly magazine, the copyright runs technically +from the first publication of each part; and at the end of the +twenty-eight or fifty-six years, each part could be successively published +at monthly intervals free from copyright. Practically, however, such a +copyrighted serial could not be published complete until twenty-eight or +fifty-six years from the publication of the last part. In usual practice a +novel is printed in book form a month or two before its completion as a +serial in a magazine, and the date of the copyright on the completed work +would then terminate at the end of the twenty-eight or fifty-six years +from publication in book form.</p> + +<p class="sidenote"><a name="120b"></a>Joint authorship</p> + +<p>The use of the date of publication as the beginning of the copyright +term and the specification of twenty-eight years and twenty-eight years +for its duration, obviates questions as to anonymous and pseudonymous +works, composite works or works of joint authorship. The earlier drafts of +the bill, providing for a term through and beyond life, made the lifetime +of the last surviving author the basis for the term of copyright on works +of joint authorship. This method was interestingly applied in the German +courts, when it was held as to the opera "Carmen" that Bizet's <a +name="Page_121" id="Page_121"></a><span class="pagenum">[Pg +121]</span>music was out of copyright, but that the libretto was protected +because one of its three joint authors was still living.</p> + +<p class="sidenote"><a name="121a"></a>Termination by forfeiture or +laches</p> + +<p>A copyright is terminated <i>ipse facto</i> by forfeiture as provided +in the act, either because of failure to deposit copies after notice from +the Copyright Office (sec. 13), or because of false affidavit of American +manufacture (sec. 17). It may also be terminated by <i>laches</i>, that +is, carelessness in protecting one's rights, as by omission of the notice, +unless by accident or mistake, from particular copies (sec. 20).</p> + +<p class="sidenote"><a name="121b"></a>Abandonment</p> + +<p>A copyright may be terminated by voluntary abandonment or purposed +dedication as well as by expiration, forfeiture or <i>laches</i>. Thus in +1854 Congress purchased for $10,000 the copyright of Sumner's new method +of ascertaining a ship's position, dedicated the method to general public +use, and extinguished the copyright. The Copyright Office has no authority +to recognize annulments, but it has noted request for annulment when +received on the registry. In 1910 the Oxford University Press, American +Branch, formally notified the Treasury Department that they abandoned the +copyright on Oxford Cyclopædic Concordance copyrighted by them in 1903, +and collectors of customs were accordingly authorized by circular letter +of January 25, 1910, to permit importation "of any copies of the said work +with the notice of the copyright obliterated, or a notice of the +abandonment of the copyright plainly printed upon the same page with the +notice of copyright and adjacent thereto." This last was a curious +"boomerang" effect of the manufacturing clause as extended to binding in +the act of 1909.</p> + +<p class="sidenote"><a name="121c"></a>In England</p> + +<p>In England the term of book copyright has been the life of the author +and seven years after his death, or forty-two years from first +publication, whichever <a name="Page_122" id="Page_122"></a><span +class="pagenum">[Pg 122]</span>the longer. The copyright in other articles +has varied according to specific laws. The Copyright Commission of 1876 +proposed, for all copyright articles as well as books, a term of life and +thirty years after the author's death, according to the German precedent, +or in case of anonymous and posthumous books and encyclopædias, thirty +years from the date of deposit in the British Museum, an anonymous author +to have the right during the thirty years to obtain the full term by +publishing an edition with his name. The English law contained a specific +provision that in the case of articles in periodicals (but not in an +encyclopædia) the right to publish in separate form should revert to an +author after twenty-eight years; the Commission proposed a term of three +years, during which time also the author as well as the general owner may +bring suit against piracy. The English committee appointed to make +recommendations in respect to the adoption of the Berlin provisions of +1908 through domestic legislation, however, reported strongly in favor of +a general term of life and fifty years; and this term has been adopted in +the new code.</p> + +<p class="sidenote"><a name="122"></a>The new British code</p> + +<p>This general term of "the life of the author and a period of fifty +years after his death" holds "unless previously determined by first +publication elsewhere." In joint authorship, copyright shall subsist +during the life of the author who first dies and fifty years after or +during the life of the author who dies last, whichever the longer. In +posthumous works, copyright subsists for fifty years from first +publication or performance, whichever the earlier. Anonymous and +pseudonymous, and corporate works are not named in the act, and the term +is presumably fifty years, unless in the former cases identity is +disclosed. For photographs and mechanical music reproductions as such, the +term is fifty years from the making of the original <a name="Page_123" +id="Page_123"></a><span class="pagenum">[Pg 123]</span>negative or the +original plate. Existing copyrights are extended through the new period; +but for the extended term the rights revert to the author, though an +assignee may require continuance of the assignment or continue to publish +on royalties, as determined by agreement or arbitration. Assignments, +except for parts of collective works, terminate in twenty-five years, when +rights revert to the heirs.</p> + +<p class="sidenote"><a name="123"></a>Perpetual copyright</p> + +<p>The Crown has held an exclusive and perpetual right to license the +printing of the Bible, Book of Common Prayer, ordnance surveys, and +possibly the Acts of Parliament; and specified universities and colleges +were assured perpetual copyright in works given or bequeathed to them +unless given for a limited term, but the right lapsed into the usual +copyright term unless the work were printed on their own presses and for +their own benefit. Under the new code, "without prejudice to any rights or +privileges of the Crown," any work prepared or published for His Majesty +or any Government department has copyright for fifty years from first +publication—the effect of which provision on Crown perpetual +copyrights is not clearly evident. A saving clause protects the +universities "in any right they already possess," inferentially limiting +their future copyrights to the statutory term. After the death of the +author of a literary, dramatic or musical work, on complaint of the +withholding of the work from publication or performance, the Judicial +Committee of the Privy Council may require the owner to grant a license to +reproduce or perform the work in public under conditions determined by the +Committee. After twenty-five years, or in the case of existing copyrights +thirty years from the author's death, the work may be reproduced by any +person on prescribed notice in writing of his intention and payment of ten +per cent on the published <a name="Page_124" id="Page_124"></a><span +class="pagenum">[Pg 124]</span>price in accordance with regulations by the +Board of Trade.</p> + +<p class="sidenote"><a name="124a"></a>Other countries<br /> + +<a name="124b"></a>International standard term</p> + +<p>Perpetual copyright is granted by the laws of other countries, Mexico, +Guatemala, Nicaragua and Venezuela, while in Montenegro, Egypt, Liberia, +Honduras, the Dominican Republic, Paraguay and Uruguay, which give +copyright protection without specific legislation under a crude civil or +common law enforced by the courts, the term is indefinite. A copyright +term extending eighty years beyond the death of the author is granted by +Spain, Cuba, Colombia and Panama. The French precedent of fifty years +after the author's death was followed by Belgium, Russia and the +Scandinavian countries, Hungary, Portugal and some others, and was adopted +by the Berlin convention as the international standard term; the German +precedent of thirty years beyond death was followed by Austria, +Switzerland and Japan, while the British precedent of seven years beyond +death or forty-two years from publication, whichever the longer, was +followed in many of the English colonies and in Siam. Italy has a curious +term of life or at least forty years after publication, with a second +period of forty years during which, though the exclusive rights lapse, the +author enjoys a royalty of five per cent on publication price. Haiti has +the curious term of the life of the author and twenty additional years for +widow or children, or ten years for other heirs. In Holland fifty years or +life, in Brazil fifty years from the preceding January 1st, and in Greece +fifteen years are specified.</p> + +<p class="sidenote"><a name="124c"></a>Special categories</p> + +<p>In many countries there are special terms for special categories of +works, as for anonymous, pseudonymous, and corporate works, translations, +photographs and telegraphic dispatches—the latter for a stated +number of hours.</p> + +<p><a name="Page_125" id="Page_125"></a><span class="pagenum">[Pg +125]</span></p> + +<h3 class="p4">IX</h3> + +<h4>FORMALITIES OF COPYRIGHT: PUBLICATION, NOTICE, REGISTRATION AND +DEPOSIT</h4> + +<p class="p2 sidenote"><a name="125a"></a>General principles</p> + +<p>Copyright may inhere as a natural right, as under English common law +before the statute of Anne, without record or formalities, but also +without statutory protection; or formalities may be required only as a +prerequisite to protection by actions at law; or formalities may be +required to validate and secure the copyright. English formalities belong +to the second class. American formalities are of the third class, and +without them copyright does not exist.</p> + +<p class="sidenote"><a name="125b"></a>Previous American requirements</p> + +<p>The American copyright law of 1909 prescribes exactly the method of +securing copyright, and makes clear the cases in which non-compliance +invalidates copyright. Previous to 1909 copyright was secured by complying +exactly with the statutory requirements of (1) the delivery to the +Librarian of Congress on or before the day of publication, in this or any +foreign country, of a printed (including typewritten) copy of title or +description of the work, (2) the insertion in every copy published of the +prescribed copyright notice, and (3) the deposit not later (under the law +of 1891) than such day of publication (earlier law allowing ten days after +publication) of two copies of the best edition of a book or other article, +or a photograph of a work of art (as to date of deposit of which last the +law was not explicit); and any failure to comply literally and exactly +with these conditions forfeited the copyright.</p> + +<p class="sidenote"><a name="126a"></a>Present American basis</p> + +<p>The American code of 1909 substitutes an entirely different basis for +securing copyright. Copyright <a name="Page_126" id="Page_126"></a><span +class="pagenum">[Pg 126]</span>now depends upon (1) publication with the +notice of copyright, and (2) deposit of copies, these copies in the case +of books and certain other works to be manufactured within the United +States. The accidental omission of the copyright notice from "a particular +copy or copies" does not invalidate the copyright though it may relieve an +innocent trespasser from penalty as an infringer; but failure to deposit +within a specified time, or false report as to manufacture, makes the +copyright not valid.</p> + +<p class="sidenote"><a name="126b"></a>Provisions of 1909</p> + +<p>The general provisions as to formalities are as follows (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, +except in the case of books seeking <i>ad interim</i> protection under +section twenty-one of this Act"; and (sec. 10): "That such person may +obtain registration of his claim to copyright by complying with the +provisions of this Act, including the deposit of copies, and upon such +compliance the Register of Copyrights shall issue to him the certificate +provided for in section fifty-five of this Act."</p> + +<p class="sidenote"><a name="126c"></a>Publication</p> + +<p>The definition in the act (sec. 62) of "the date of publication" as +"the earliest date when copies of the first authorized edition were placed +on sale, sold, or publicly distributed by the proprietor of the copyright +or under his authority" defines publication, and the clause (sec. 9) +requiring the copyright notice to be affixed to each copy "published or +offered for sale in the United States by authority of the copyright +proprietor" confirms the principle that the copyright proprietor cannot be +held responsible, nor can copyright be voided because of copies +"published," offered, <a name="Page_127" id="Page_127"></a><span +class="pagenum">[Pg 127]</span>sold or distributed without his authority. +The Copyright Office Rules and Regulations (23) add to the definition of +publication the parenthetical explanation: "(<i>i. e.</i>, so that all +persons who desire copies may obtain them without restriction or condition +other than that imposed by the copyright law)." It is questionable, +however, whether this explanation does not go beyond the letter of the +law. In Stern <i>v.</i> Remick, in 1910, the U. S. Circuit Court +protected the copyright of a song, though only one copy had been offered +for sale and sold. Advance distribution to the trade or of review copies +would not constitute publication. While the law does not prescribe first +publication in this country, it is at least doubtful whether a book +published in another country prior to publication here, unless protected +by international copyright relations, has not fallen into the public +domain and thus forfeited copyright protection here.</p> + +<p class="sidenote"><a name="127"></a>Copyright notice</p> + +<p>The first step in securing copyright, being publication "with the +notice of copyright" "affixed to each copy published or offered for sale +in the United States by authority of the copyright proprietor," the method +and form of this notice is of first importance. The act of 1909 provides +(sec. 18): "That the notice of copyright required by section nine of this +Act shall consist either of the word 'Copyright' or the abbreviation +'Copr.,' accompanied by the name of the copyright proprietor, and if the +work be a printed literary, musical, or dramatic work, the notice shall +include also the year in which the copyright was secured by publication. +In the case, however, of copies of works specified in subsections (f) to +(k), inclusive, of section five of this Act, the notice may consist of the +letter C inclosed within a circle, thus: ©, accompanied by the initials, +monogram, mark, or symbol of the copyright proprietor: <i>Provided</i>, +That on some accessible <a name="Page_128" id="Page_128"></a><span +class="pagenum">[Pg 128]</span>portion of such copies or of the margin, +back, permanent base, or pedestal, or of the substance on which such +copies shall be mounted, his name shall appear. But in the case of works +in which copyright is subsisting when this Act shall go into effect, the +notice of copyright may be either in one of the forms prescribed herein or +in one of those prescribed by the Act of June eighteenth, eighteen hundred +and seventy-four."</p> + +<p class="sidenote"><a name="128a"></a>Previous statutory form</p> + +<p>Under the law of 1874, the prescribed notice was in the old form (Rev. +Stat. 4962), "Entered according to Act of Congress, in the year ____, by +A. B., in the office of the Librarian of Congress, at Washington," with +the optional alternative of the form "Copyright, 18__, by A. B." Under the +new code the latter form is preserved, with the alternative of the +provision "Copr.," with date and name, but the longer form may be used on +books copyrighted under the earlier acts, even if reprinted after the +passage of the later act. Except for books previously copyrighted, the +longer form is not now the legal notice, and its use would be dangerous, +as it does not contain the specific word copyright, or its abbreviation, +now made an obligatory part of the notice. While in Osgood v. Aloe in +1897, the omission of the name from the notice, though on the title-page, +and in Record & Guide Co. <i>v.</i> Bromley in 1910, the omission of +the date, though indicated by the date of the periodical in the line +below, were held to void the copyright, such addition as the words +"published by" has been held, as in Hills v. Hoover in 1905, a mere +superfluity not voiding copyright.</p> + +<p class="sidenote"><a name="128b"></a>Exact phraseology required</p> + +<p>The exact phraseology and order of words must be followed, and it has +been held that any inaccuracy in the name of the copyright proprietor, as +in the English case of Low <i>v.</i> Routledge, by Vice-Chancellor +Kindersley, <a name="Page_129" id="Page_129"></a><span class="pagenum">[Pg +129]</span>in 1864, or in the date of the entry, as in the American case +of Baker <i>v.</i> Taylor in 1848, when 1847 was put for 1846, makes the +copyright invalid.</p> + +<p class="sidenote"><a name="129a"></a>Name</p> + +<p>The name in the copyright notice (C. O. Rule 24) must be the real name +of a living person or of a firm or corporate body or the trade name in +actual use, and may not be a pseudonym or pen-name or other make-believe. +A copyright notice should not be in the name of one person for the benefit +of another; the beneficiary's name should be the one printed. A publisher +may take out a copyright for an author, however, in which case the +publisher's name and not the author's name will be given, unless the +publisher makes application as the agent of the author-claimant. The name +in the copyright notice must correspond fully with the real name as given +in the application, but an objection that N. Sarony instead of Napoleon +Sarony was not the real name, was quashed in 1884, in Burrow-Giles Lith. +Co. <i>v.</i> Sarony, by the U. S. Supreme Court.</p> + +<p class="sidenote"><a name="129b"></a>Date</p> + +<p>The date of copyright notice, being that of publication, should +correspond with the imprint date on the original edition; but on later +printings or editions, where the date of imprint is changed, the copyright +notice would of course show the earlier date of the original edition. Thus +a book first published in 1911 could not bear copyright notice of 1910 +date, which would mean that copyright was registered before instead of +after publication, which is not possible under the new law; nor should an +edition of 1910 bear copyright notice of 1911, as the application and +notice should state the actual year of publication; and the date of 1911 +in imprint where the copyright notice is of 1910, would be correct only on +a later edition, as above stated. A book may be printed, however, in a +certain year and not published till a later year, in which case the +copyright notice would be of later <a name="Page_130" +id="Page_130"></a><span class="pagenum">[Pg 130]</span>date than the +imprint date; thus the Copyright Office registered in 1910, under the new +law, a copyright on a work with the imprint of 1904, on assurance that +though printed in 1904, the work was not actually published until 1910. +Under the old law, where, as stated above, a copyright notice later than +the actual copyright was disallowed as claiming protection beyond the +copyright term, a later decision, in 1888, in Callaghan <i>v.</i> Myers, +held, that where a copyright notice gave the year 1866, while the true +date was 1867, there was no harm done to the public, because a year of the +copyright, which really ended in 1895 instead of 1894, was given to the +public, whereas in the previous case an additional year was claimed. Doubt +was thrown upon this decision by Judge Wallace in Schumacher <i>v.</i> +Wogram, also in 1888. In Snow <i>v.</i> Mast in 1895, the substitution for +1894 of the abbreviated '94, and in Stern <i>v.</i> Remick in 1910, the +use of words or Roman numerals for Arabic, were upheld.</p> + +<p class="sidenote"><a name="130"></a>Accidental omission</p> + +<p>An important safeguard, new in copyright law, is enacted in the +provision (sec. 20): "That where the copyright proprietor has sought to +comply with the provisions of this Act with respect to notice, the +omission by accident or mistake of the prescribed notice from a particular +copy or copies shall not invalidate the copyright or prevent recovery for +infringement against any person who, after actual notice of the copyright, +begins an undertaking to infringe it, but shall prevent the recovery of +damages against an innocent infringer who has been misled by the omission +of the notice; and in a suit for infringement no permanent injunction +shall be had unless the copyright proprietor shall reimburse to the +innocent infringer his reasonable outlay innocently incurred if the court, +in its discretion, shall so direct."</p> + +<p class="sidenote"><a name="131a"></a>Place of notice</p> + +<p>It is further provided (sec. 19): "That the notice <a name="Page_131" +id="Page_131"></a><span class="pagenum">[Pg 131]</span>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 title-page or upon the first page of text of each separate number +or under the title heading, or if a musical work either upon its +title-page or the first page of music: <i>Provided</i>, That one notice of +copyright in each volume or in each number of a newspaper or periodical +published shall suffice."</p> + +<p>Although the code of 1909 relieves the copyright proprietor from +permanent forfeiture in the case of an accidental omission of the +copyright notice from certain copies (sec. 20), the statute is otherwise +specific, and there seems to be no means of relief where the copyright +notice is, however innocently, in the wrong place or in the wrong form. +Thus in 1909, in Freeman <i>v.</i> Trade Register, the U. S. Circuit +Court held that where the copyright notice of a periodical appeared on the +editorial page, which was not the first page of text, the copyright was +voided. The copyright notice can probably, however, be placed safely and +preferably on the first page, being the title-page, of a specially +copyrighted part of a book, as an introduction preceding a non-copyright +work or an index or appended notes, or upon specific illustrations; and +this is perhaps preferable in copyrighting editions with such features of +works otherwise in the public domain. In the case of articles in a +periodical or parts of a composite work separately copyrighted or +registered, the copyright notice should appear on the same page as the +title heading.</p> + +<p class="sidenote"><a name="131b"></a>One notice sufficient</p> + +<p>The proviso (sec. 19) that one notice of copyright in each volume or in +each number of a periodical shall suffice is complementary to the +provision (sec. 3) by which a copyright protects all the copyrightable +component parts of the work copyrighted, and gives to <a name="Page_132" +id="Page_132"></a><span class="pagenum">[Pg 132]</span>the proprietor of a +composite work or periodical all the rights he would have if each part +were individually copyrighted. It means that there need be no repetition +of the general copyright notice on different portions of a book or +periodical. In West Pub. Co. <i>v.</i> Thompson Co., under the old law, +Judge Ward, in the U. S. Circuit Court of Appeals in 1910, overruled +the defense that the copyright was not valid because the copyright notice +did not repeat the several copyright notices originally protecting the +several parts of the compilation; and this view, that the general +copyright notice protects all copyrighted and copyrightable parts, is now +specifically embodied in the statute.</p> + +<p class="sidenote"><a name="132"></a>Separate volumes<br /> + +<a name="133a"></a>Different dates</p> + +<p>The proviso (sec. 61) "that only one registration at one fee shall be +required in the case of several volumes of the same book deposited at the +same time" indicates that one copyright entry suffices for several volumes +simultaneously published, but each separate volume should contain the +notice. Volumes published separately, not only in successive years but at +successive dates within the year, should be separately registered, and if +published separately in successive years, must each bear its copyright +notice for the year of publication—this being the direct sequence +from the provision that copyright runs from the specific date of +publication and not from the year or date of registration. The Copyright +Office will, however, under the law, register for one fee volumes or parts +deposited at the same time, though published at various times. In the case +of a book issued in successive parts, of which only the first part +includes a title-page or title headings, the law is not specific; but it +seems probable that, in default of copyright notice and registration for +each part, the parts not bearing copyright notice might be legally +reprinted, and that the safer course is to place the copyright notice on +the <a name="Page_133" id="Page_133"></a><span class="pagenum">[Pg +133]</span>first page of each part and register each part separately, in +which case the completed work should have the date or dates of the year or +years within which the several parts were published. There seem to be no +objections, within the law or from court decisions, to coupling two dates +in the same notice, in such cases as "Copyright, 1910, 1911, by A. B.," +though there is no specific decision on this point. Under the previous law +a book published in more than one volume or part, the portions not +complete in themselves, was probably protected by copyright entry of the +first part, all parts being of course ultimately deposited; but the change +in the new code basing copyright on publication with notice, seems to +change this rule of practice. In the case of Dwight <i>v.</i> Appleton, in +1840, it was held that as the statute did not expressly prescribe that the +copyright notice should appear in successive volumes after the first, this +was not necessary; but the application of this doubtful decision under the +new code would be more than questionable.</p> + +<p class="sidenote">Notice part of initial step</p> + +<p>It may be emphasized that publication with notice is the first step in +copyright under the new code, and that registration on deposit is the +secondary and completing act, and therefore that no registry in the +Copyright Office is necessary to authorize the printing of the copyright +notice, as was formerly the case.</p> + +<p class="sidenote"><a name="133b"></a>Extraterritorial notice</p> + +<p>The requirement (sec. 9) that the notice of copyright "shall be affixed +to each copy published or offered for sale in the United States by +authority of the copyright proprietor" makes clear what was a subject of +dispute under the old law. The courts, however, generally held that +extraterritorial notice of copyright, <i>i. e.</i> on foreign editions, +was impracticable and unnecessary; and this view is specifically adopted +in the new code. In 1905, in Harper <i>v.</i> Donohue, it was held by +Judge Sanborn, in the U. S. Circuit Court, <a name="Page_134" +id="Page_134"></a><span class="pagenum">[Pg 134]</span>that the omission +of the American copyright notice from an English edition could not vitiate +copyright here, especially in view of the prohibition in the law of the +importation of foreign-made copies of copyright works. In 1908, in Merriam +<i>v.</i> United Dictionary Co., it was held by the U. S. Supreme +Court, through Justice Holmes, that even where the omission of the notice +on a foreign-made edition was with the assent of the American copyright +proprietor, there was no waiver of copyright in this country.</p> + +<p class="sidenote"><a name="134a"></a>Successive editions</p> + +<p>In the case of successive printings or editions of a copyrighted book, +the original copyright entry must appear in every reprint of the first +edition; and it would seem that this entry should also appear in every new +edition newly copyrighted, as well as the new notice, so long as it is +desired to protect the matter contained in the old edition. Judge +Clifford, in the U. S. Circuit Court, in Lawrence <i>v.</i> Dana, in +1869, ruled this to be superfluous; but his decision is contrary to the +rule that a proprietor may not claim through the copyright notice a longer +term than the law permits, since a later date, referring only to new +matter, but apparently comprehensive of the whole contents, might be +voided under this rule. It is doubtful whether on a new edition with old +and new matter one copyright notice with two dates is safe, and the wiser +course is to give both the earlier copyright notice and the later notice +in proper sequence. In the case of new printings of works published and +copyrighted prior to July 1, 1909, no new notice or application is +required unless there is added material to be additionally protected and +constituting to that extent a new work, in which case a new application +and the deposit of two copies is necessary.</p> + +<p class="sidenote"><a name="134b"></a>False copyright notice</p> + +<p>Provision is specifically made against false notice of copyright by the +enactment (sec. 29): "That any <a name="Page_135" id="Page_135"></a><span +class="pagenum">[Pg 135]</span>person who, with fraudulent intent, shall +insert or impress any notice of copyright required by this Act, or words +of the same purport, in or upon any uncopyrighted article, or with +fraudulent intent shall remove or alter the copyright notice upon any +article duly copyrighted shall be guilty of a misdemeanor, punishable by a +fine of not less than one hundred dollars and not more than one thousand +dollars. Any person who shall knowingly issue or sell any article bearing +a notice of United States copyright which has not been copyrighted in this +country, or who shall knowingly import any article bearing such notice or +words of the same purport, which has not been copyrighted in this country, +shall be liable to a fine of one hundred dollars," and the importation of +any article bearing a notice of copyright when no American copyright +exists is absolutely prohibited (sec. 30).</p> + +<p class="sidenote"><a name="135a"></a>Ad interim protection</p> + +<p>It should be noted that the copyright notice is not required on books +published abroad in the English language before publication in this +country, entered for <i>ad interim</i> copyright, and therefore that +within sixty days after the publication abroad of a book in the English +language, such book may be protected by American registration, though +containing no notice of copyright; and within this period inquiry at the +Copyright Office is necessary to determine the status of the book.</p> + +<p class="sidenote"><a name="135b"></a>Substitution of name</p> + +<p>It is provided (sec. 46): "That when an assignment of the copyright in +a specified book or other work has been recorded the assignee may +substitute his name for that of the assignor in the statutory notice of +copyright prescribed by this Act." This applies only where the entire +copyright has been assigned and the assignment duly recorded in the +Copyright Office as provided by law, and does not permit a change of name +in the copyright notice under any other circumstances, <a name="Page_136" +id="Page_136"></a><span class="pagenum">[Pg 136]</span>as partial +assignment. Substitution without authority of law voids copyright, as was +held in Record & Guide Co. <i>v.</i> Bromley in 1910, where another +trade name of the copyright claimant was substituted for the original +trade name.</p> + +<p class="sidenote"><a name="136a"></a>Registration</p> + +<p>The method of registration, or rather of application therefor, is not +specified in the law, for the reason that under the code of 1909 deposit +succeeding publication is made the act completing the securing of +copyright, and registration is incidental thereto instead of the first +requisite. Under the old law it was decided in the U. S. Circuit +Court through Judge Colt, in Gottsberger <i>v.</i> Estes, that publication +before deposit of copies voided the copyright.</p> + +<p class="sidenote"><a name="136b"></a>Rules and regulations</p> + +<p>The act provides (sec. 53): "That, subject to the approval of the +Librarian of Congress, the Register of Copyrights shall be authorized to +make rules and regulations for the registration of claims to copyright as +provided by this Act," and (sec. 54) "whenever deposit has been made in +the Copyright Office of a copy of any work under the provisions of this +Act, he shall make entry thereof."</p> + +<p class="sidenote"><a name="136c"></a>Application</p> + +<p>It is provided (sec. 5): "That the application for registration shall +specify to which of the [stated] classes the work in which copyright is +claimed belongs," but it is also provided "nor shall any error in +classification invalidate or impair the copyright protection." In Green +<i>v.</i> Luby, in 1909, the U. S. Circuit Court protected a +vaudeville sketch, though classified as a dramatic instead of a +dramatico-musical copyright, against infringement by a mimic +performance.</p> + +<p class="sidenote"><a name="136d"></a>Certificate</p> + +<p>It is further provided (sec. 55): "That in the case of each entry the +person recorded as the claimant of the copyright shall be entitled to a +certificate of registration under seal of the Copyright Office, to contain +his name and address, the title of the work <a name="Page_137" +id="Page_137"></a><span class="pagenum">[Pg 137]</span>upon which +copyright is claimed, the date of the deposit of the copies of such work, +and such marks as to class designation and entry number as shall fully +identify the entry. In the case of a book the certificate shall also state +the receipt of the affidavit as provided by section sixteen of this Act, +the date of the completion of the printing, or the date of the publication +of the book, as stated in the said affidavit. The Register of Copyrights +shall prepare a printed form for the said certificate, to be filled out in +each case as above provided for, which certificate, sealed with the seal +of the Copyright Office, shall, upon payment of the prescribed fee, be +given to any person making application for the same, and the said +certificate shall be admitted in any court as <i>prima facie</i> evidence +of the facts stated therein. In addition to such certificate the Register +of Copyrights shall furnish, upon request, without additional fee, a +receipt for the copies of the work deposited to complete the +registration."</p> + +<p class="sidenote"><a name="137"></a>Application requirements</p> + +<p>The application is in general in simple form, and care should be taken +in filling out the card that the space at the top intended for use by the +Copyright Office should be left blank. The application must be signed with +the name and address of the copyright claimant, who may be the author or +his representative, as where his publisher is taking out the copyright. In +the case of works made for hire, the employer may make application as +author. The name of the author should be given on the line provided for +that purpose, even though the name of the author as claimant is also given +above; but in the case of anonymous or pseudonymous works, the name of the +author is not required. The title should be given exactly as on the +title-page of the book or on the work, and the other particulars called +for in the application should <a name="Page_138" id="Page_138"></a><span +class="pagenum">[Pg 138]</span>be exactly as indicated by the work itself. +The day of publication must be exactly stated, and the application cannot +be made, therefore, until <i>after</i> publication. Provision is also made +on the card for the name and address of the person to whom the certificate +of registration is to be sent and of the remitter of the fee, and in the +case of books, the application must be accompanied by the affidavit made +either on the reverse of the application card or on the separate card also +provided. In applications, as for foreign or <i>ad interim</i> copyright, +where the nationality of the author should be stated, information as to +citizenship, not race, is required. A person naturalized in the United +States is defined as an American. A foreign author claiming copyright +because of residence, must state that he is a "permanent resident" of the +United States (C. O. Rule 29).</p> + +<p class="sidenote"><a name="138a"></a>Illustrations</p> + +<p>The illustrations of a book may be separately registered, and if by +lithographic or photo-engraving process must also have affidavit of +manufacture in this country.</p> + +<p>Maps and charts are classed with works of art, and the formalities in +respect to these, as well as in respect to dramatic and musical +compositions, are treated specifically in the chapters on those specific +subjects.</p> + +<p class="sidenote"><a name="138b"></a>Periodicals</p> + +<p>In respect to periodicals, application should be made as for books, but +no affidavit is required; separate registration is necessary for each +number published, with notice of copyright, and can be made only after +publication. It is not possible to register the title of the periodical in +advance of publication. (C. O. Rule 36.) Two deposit copies of periodicals +are required; but a contribution to a periodical separately registered +requires the deposit of only one copy of the periodical. The entire copy +should be sent, as <a name="Page_139" id="Page_139"></a><span +class="pagenum">[Pg 139]</span>a mere clipping does not comply with the +statute. (C. O. Rule 37.) The date of publication of a periodical is not +necessarily the printed date of issue, and the actual day of publication +should be stated in the application, whether for the registration of the +periodical itself or a contribution to it.</p> + +<p class="sidenote"><a name="139"></a>Application cards</p> + +<p>The Copyright Office has prepared blank forms in library card shape, +which are furnished applicants free of charge, for the several classes of +applications mentioned in the law, the cards being in <i>pink</i>, except +as hereafter stated, lettered and numbered as follows: (A<sup><span +class="tinier">1</span></sup>) book by citizen or resident of the United +States; (A<sup><span class="tinier">1</span></sup>. New ed.) new edition +of book by citizen or resident of the United States; (A<sup><span +class="tinier">1</span></sup> for.) book by citizen or resident of a +foreign country, but manufactured in the United States; (A<sup><span +class="tinier">2</span></sup>) edition printed in the United States of +book originally published abroad in the English language, all these being +double cards including affidavit of American +manufacture—supplemented by <i>blue</i> cards providing with +specific instructions, (A<sup><span class="tinier">1</span></sup>) for +separate affidavit of American manufacture from type set or plates made in +the United States, and (A<sup><span class="tinier">2</span></sup>) for +lithographic or photo-engraving process within the United States; +(A<sup><span class="tinier">3</span></sup>) book by foreign author in +foreign language; (A<sup><span class="tinier">4</span></sup>) <i>ad +interim</i> copyright—book published abroad in the English language; +(A<sup><span class="tinier">5</span></sup>) contribution to a newspaper or +periodical; (B<sup><span class="tinier">1</span></sup>) +periodical,—for registration of single issue; (B<sup><span +class="tinier">2</span></sup>) periodical,—general application and +deposit, supplemented by a <i>white</i> blank for depositing single +subsequent issues; (C) lecture, sermon, or address prepared for oral +delivery; (D<sup><span class="tinier">1</span></sup>) published dramatic +composition; (D<sup><span class="tinier">2</span></sup>) dramatic +composition not reproduced for sale; (D<sup><span +class="tinier">3</span></sup>) dramatico-musical composition; (E<sup><span +class="tinier">1</span></sup>) published musical composition; (E<sup><span +class="tinier">2</span></sup>) musical composition not reproduced for +sale—these <a name="Page_140" id="Page_140"></a><span +class="pagenum">[Pg 140]</span>supplemented by a <i>blue</i> card +(<i>U</i>), notice of use on mechanical instruments; (F) published map; +(G) work of art (painting, drawing, or sculpture), or model or design for +a work of art; (H) reproduction of a work of art; (I) drawing or plastic +work of a scientific or technical character; (J<sup><span +class="tinier">1</span></sup>) photograph published for sale; (J<sup><span +class="tinier">2</span></sup>) photograph not reproduced for sale; (K) +print or pictorial illustration; (R<sup><span +class="tinier">1</span></sup>) renewal of copyright subsisting in any +work; (R<sup><span class="tinier">2</span></sup>) extension of a renewal +copyright subsisting in any work. Thus an applicant for copyright on an +American book should send for card (A<sup><span +class="tinier">1</span></sup>), on which he may enter his application and +also include affidavit as to American type setting, printing, and binding; +if he wishes the affidavit to be separately made he should obtain also the +special <i>blue</i> card (<i>A</i><sup><span +class="tinier">1</span></sup>), or if lithographic or photo-engraving is +used he should obtain also the special <i>blue</i> card +(<i>A</i><sup><span class="tinier">2</span></sup>). A dramatic applicant +should send for card (D<sup><span class="tinier">1</span></sup>) or card +(D<sup><span class="tinier">3</span></sup>), respectively, for the entry +of a dramatic or dramatico-musical composition; or for (D<sup><span +class="tinier">2</span></sup>) if he desires to copyright without +reproducing for sale. The applicant for a musical composition, as +distinguished from a dramatico-musical work, should send for card +(E<sup><span class="tinier">1</span></sup>) or (E<sup><span +class="tinier">2</span></sup>) respectively. The art applicant should send +for card (G) for an original work of art, or card (H) for a reproduction, +or for a photograph card (J<sup><span class="tinier">1</span></sup>) or +card (J<sup><span class="tinier">2</span></sup>) respectively.</p> + +<p class="sidenote"><a name="140"></a>Certificate cards</p> + +<p>Similar certificate cards, also of library size, uniformly +<i>white</i>, are provided for the several classes of registration, +correspondingly lettered and numbered, except in a few cases where one +certificate form serves for more than one class or subdivision, with the +addition of a general form (Z) to cover anything unprovided for in the +other certificate forms. The certificate bears on one side the uniform +statement of the deposit of two copies or one copy of the article <a +name="Page_141" id="Page_141"></a><span class="pagenum">[Pg +141]</span>named herein, and of registration for the first or renewal +term, with the name of the claimant (printed in the case of a few of the +publishers making most applications), and on the other side the +specification (following the wording of the application and the deposit +copy) of the title or description, date of publication, receipt of +affidavit (where required), receipt of copies and entry number by class, +together with the seal of the Copyright Office.</p> + +<p class="sidenote"><a name="141"></a>Fees</p> + +<p>This certificate is sent without charge other than the fees directly +provided for in the law (sec. 61), viz., "for the registration of any work +subject to copyright, deposited under provisions of this Act, one dollar, +which sum is to include a certificate of registration under seal: +<i>Provided</i>, That in the case of photographs the fee shall be fifty +cents where a certificate is not demanded. For every additional +certificate of registration made, fifty cents.... For recording the +extension or renewal of copyright provided for in sections twenty-three +and twenty-four of this Act, fifty cents." The law no longer contemplates +record before publication, and it is unnecessary and undesirable to send +application or money previous to sending of deposit copies. In fact, as +the certificate must show date of publication, publication <i>cannot</i> +be anticipated, and money sent in advance, for individual registrations, +is only an embarrassment to the Copyright Office. The Office will, +however, receive advance deposits from publishers of periodicals or other +publishers making frequent registrations, against which each registration +will be charged. Fees should be sent by money order, or at the remitter's +risk, in currency (but not in stamps). Bank drafts and certified checks +are accepted in practice, though the Register of Copyrights cannot legally +receive checks except at his personal risk and therefore from persons <a +name="Page_142" id="Page_142"></a><span class="pagenum">[Pg +142]</span>known to him as in frequent relation with the Copyright Office. +Postage must be prepaid on the signed application, as there is no +provision for free transmission through the mails, such as applies to +deposit copies. In practice the application with remittance and the +deposit copies should be simultaneously sent immediately after +publication.</p> + +<p class="sidenote"><a name="142"></a>Deposit</p> + +<p>The law provides that deposit copies shall be sent <i>promptly</i> +after publication, and that <i>two complete</i> copies of the <i>best</i> +edition then published (or one copy in case of a contribution to a +periodical or for identification of a work not reproduced for sale) shall +be deposited; and if a work is published with notice of copyright, and +copies are not promptly deposited, the copyright is voided and the +proprietor becomes subject to penalty three months (or in case of outlying +possessions or foreign countries six months) after formal demand by the +Register of Copyrights for deposit copies. The word "promptly" is +indefinite and has been vaguely construed to mean "without unnecessary +delay," but this does not mean the very day of publication (C. O. Rule +22). The status of undeposited works published with copyright notice and +not formally demanded by the Register of Copyrights, is also not defined +by the law. In such case the copyright has not been perfected by the +completing act, and it would be impracticable to proceed against an +infringer, and the proprietor might be liable to penalty for false notice +of copyright. In the event of such a case arising, through carelessness or +otherwise, the courts would have to decide the question by definition of +the word "promptly" and an interpretation of the implication that +copyright is voided, meaning that the right to obtain copyright lapses, if +the process is not completed without undue delay.</p> + +<p class="sidenote"><a name="143a"></a>Fragment not depositable</p> + +<p>The deposit copy must be the complete work; a <a name="Page_143" +id="Page_143"></a><span class="pagenum">[Pg 143]</span>fragment is not a +work, and a part of a work cannot be copyrighted, especially as this would +nullify the manufacturing clause, as set forth in the opinion of the +Attorney-General, February 9, 1910.</p> + +<p class="sidenote"><a name="143b"></a>Typewriting publication and +deposit</p> + +<p>A work may be published and deposited in typewriting copies, as set +forth in the opinion of the Attorney-General of May 2, 1910, but this will +not operate to avoid the manufacturing clause when the work is published +in print.</p> + +<p class="sidenote"><a name="143c"></a>Legal provisions</p> + +<p>The completion of the copyright by deposit of copies is covered by the +provision (sec. 12): "That after copyright has been secured by publication +of the work with the notice of copyright as provided in section nine of +this Act, there shall be promptly deposited in the Copyright Office or in +the mail addressed to the Register of Copyrights, Washington, District of +Columbia, two complete copies of the best edition thereof then published, +which copies, if the work be a book or periodical, shall have been +produced in accordance with the manufacturing provisions specified in +section fifteen of this Act; or if such work be a contribution to a +periodical, for which contribution special registration is requested, one +copy of the issue or issues containing such contribution; or if the work +is not reproduced in copies for sale, there shall be deposited the copy, +print, photograph, or other identifying reproduction provided by section +eleven of this Act, such copies or copy, print, photograph, or other +reproduction to be accompanied in each case by a claim of copyright. No +action or proceeding shall be maintained for infringement of copyright in +any work until the provisions of this Act with respect to the deposit of +copies and registration of such work shall have been complied with."</p> + +<p class="sidenote"><a name="144a"></a>Voiding by failure to deposit</p> + +<p>In case of failure to deposit, the law of 1909 provides for penalties +and finally voiding of the copyright, <a name="Page_144" +id="Page_144"></a><span class="pagenum">[Pg 144]</span>as follows (sec. +13): "That should the copies called for by section twelve of this Act not +be promptly deposited as herein provided, the Register of Copyrights may +at any time after the publication of the work, upon actual notice, require +the proprietor of the copyright to deposit them, and after the said demand +shall have been made, in default of the deposit copies of the work within +three months from any part of the United States, except an outlying +territorial possession of the United States, or within six months from any +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 +hundred dollars and to pay to the Library of Congress twice the amount of +the retail price of the best edition of the work, and the copyright shall +become void."</p> + +<p class="sidenote"><a name="144b"></a>Forfeiture by false affidavit</p> + +<p>In the case of a printed book or periodical or of a lithograph or +photo-engraving, the copies deposited must be manufactured in America, as +set forth in the manufacturing provision (sec. 15) as verified in the case +of a book by affidavit (sec. 16) separately treated hereafter, and the +book copyright is forfeited (sec. 17) in the event of false affidavit. +Thus failure to deposit, and, in the case of books, false affidavit as to +American manufacture, are the two lapses of formalities which work +forfeiture of copyright.</p> + +<p class="sidenote"><a name="144c"></a>Works not reproduced</p> + +<p>In the case of works not reproduced for sale, copyright may be secured +under the provision (sec. 11): "That copyright may also be had of the +works of an author of which copies are not reproduced for sale, by the +deposit, with claim of copyright, of one complete 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; of a photograph or +other identifying reproduction <a name="Page_145" id="Page_145"></a><span +class="pagenum">[Pg 145]</span>thereof if it be a work of art or a plastic +work or drawing. But the privilege of registration of copyright secured +hereunder shall not exempt the copyright proprietor from the deposit +copies under sections twelve and thirteen of this Act where the work is +later reproduced in copies for sale." The entire work should in each case +be deposited (C. O. Rule 18) and not a mere outline, epitome or scenario; +and the copy should be in convenient form, clean and legible, with the +leaves securely fastened together, and should bear the title of the work +exactly as given in the application.</p> + +<p class="sidenote"><a name="145a"></a>Second registration</p> + +<p>It should be noted that in this class of copyright, which is a common +law copyright fortified by statutory protection, an ideal example of +copyright law, double registration is required in case the unpublished +copyrighted work is published, requiring one application fee and deposit +of one identifying copy for the unpublished work and a second application +fee and deposit of two copies promptly after publication.</p> + +<p class="sidenote"><a name="145b"></a>Free transportation in mail</p> + +<p>It should be noted that the deposit copies may be deposited either in +the Copyright Office or "in the mail addressed to the register of +copyrights," and it is provided (sec. 14): "That the postmaster to whom +are delivered the articles deposited as provided in sections eleven and +twelve of this Act shall, if requested, give a receipt therefor and shall +mail them to their destination without cost to the copyright claimant." +Franking labels are not required and are no longer issued by the Copyright +Office. Deposit copies, and all mail matter, should be addressed to the +"Register of Copyrights, Library of Congress, Washington, D. C.," and not +to any person by name.</p> + +<p class="sidenote"><a name="145c"></a>Loss in mail</p> + +<p>Thus even if the deposit copies should not reach Washington, as in case +they were burned in the mail, <a name="Page_146" id="Page_146"></a><span +class="pagenum">[Pg 146]</span>the copyright proprietor can validate his +claim by production of the postmaster's receipt in lieu of deposit +copies.</p> + +<p class="sidenote"><a name="146a"></a>Foreign works</p> + +<p>In respect to foreign works, it should be noted that "the original text +of a work of foreign origin in a language or languages other than +English," may be formally copyrighted and fully protected by registration +under the same formalities as domestic works except that the deposit +copies need not be manufactured within the United States, thus giving the +author the exclusive right of translation. Copies published for use in +America must of course bear the copyright notice. A translation into +English from such text cannot be copyrighted unless the deposit copies of +the English translation are manufactured within the United States; and +this holds true also in respect to translations into a language other than +English, as it is only "the original text" which can be copyrighted +without American manufacture.</p> + +<p class="sidenote"><a name="146b"></a>Ad interim deposit</p> + +<p>In respect to books published abroad in the English language, <i>ad +interim</i> protection is assured by the provision (sec. 21): "That in the +case of a book published abroad in the English language before publication +in this country, the deposit in the Copyright Office, not later than +thirty days after its publication abroad, of one complete copy of the +foreign edition, with a request for the reservation of the copyright and a +statement of the name and nationality of the author and of the copyright +proprietor and of the date of publication of the said book, shall secure +to the author or proprietor an <i>ad interim</i> copyright, which shall +have all the force and effect given to copyright by this Act, and shall +endure until the expiration of thirty days after such deposit in the +Copyright Office."</p> + +<p class="sidenote"><a name="147"></a>Completion of ad interim +copyright</p> + +<p>On such works the provisional copyright is made permanent under the +provision (sec. 22): "That <a name="Page_147" id="Page_147"></a><span +class="pagenum">[Pg 147]</span>whenever within the period of such <i>ad +interim</i> protection an authorized edition of such book shall be +published within the United States, in accordance with the manufacturing +provisions specified in section fifteen of this Act, and whenever the +provisions of this Act as to deposit of copies, registration, filing of +affidavit, and the printing of the copyright notice shall have been duly +complied with, the copyright shall be extended to endure in such book for +the full term elsewhere provided in this Act."</p> + +<p>The <i>ad interim</i> provision requires the same formalities and fee +as in the case of domestic works, except that only one copy of the foreign +work in English need be deposited, and that this deposit copy need not +contain the statutory notice of American copyright. The claimant is given +thirty days after publication abroad in which to request reservation and a +second thirty days after deposit of the foreign copy within which to +publish or cause to be published an edition manufactured in America and +thus to complete his copyright. This gives a period of <i>ad interim</i> +protection, ranging from thirty days to sixty days, within which to obtain +permanent copyright, the exact period depending upon the number of days +elapsing after publication before deposit of the foreign copy in the +Copyright Office. Thus a copy deposited on the day of publication will +have thirty days in all within which to secure permanent copyright by the +publication of the American-made edition, while a copy deposited on the +thirtieth day after publication will have sixty days in all; but the +failure to deposit the foreign copy within thirty days after publication, +or the failure to publish an American-made edition within thirty days +after such deposit, will forfeit the right to obtain copyright protection +and throw the foreign work into the public domain, <a name="Page_148" +id="Page_148"></a><span class="pagenum">[Pg 148]</span>despite the <i>ad +interim</i> registration. When an American-made edition with notice of +copyright can be published in America simultaneously with its publication +abroad, <i>ad interim</i> protection is of course rendered unnecessary; +and such simultaneous publication is the simplest and best practice for +publishers to adopt.</p> + +<p class="sidenote"><a name="148a"></a>Omission of copyright notice</p> + +<p>It may also be emphasized here that the notice of copyright can be +omitted only from foreign-made copies and must be included in the +American-made edition. The American publisher desiring to reprint a book +published abroad in the English language within sixty days after +publication, without consent of the copyright proprietor, must therefore +assure himself, by inquiry from the Copyright Office, whether the work has +been registered <i>ad interim</i>. The printing of an American copyright +notice on the foreign edition in anticipation of the publication of an +American-made edition and the deposit of copies thereof within the +statutory requirements is a questionable practice, as a failure to publish +American-made copies in the United States, because of defective publishing +arrangements or a printers' or binders' strike, would make such notice a +false notice of copyright. The copyright term in the case of such foreign +work in the English language dates, it would seem, from the date of +publication abroad rather than from the date of publication of the +American-made edition; but this would be of importance only toward the +expiration of the original term and in connection with the renewal +term.</p> + +<p class="sidenote"><a name="148b"></a>Books only ad interim</p> + +<p><i>Ad interim</i> protection seems to be confined exclusively to a book +as such, and therefore does not apply to articles in periodicals.</p> + +<p class="sidenote">American authors not thus protected</p> + +<p>It should be noted that an American author publishing his work abroad +is not benefited by either of these provisions respecting foreign works. +The provision <a name="Page_149" id="Page_149"></a><span +class="pagenum">[Pg 149]</span>regarding works in other languages is +specifically confined to a work of foreign origin, that is, not by an +American author; and he gains nothing, if his work is in English, from +<i>ad interim</i> protection. Thus an American author publishing his work +first in German in Berlin, must copyright and deposit an American-made +edition of his German text in this country to obtain American protection, +without which his work in German could be imported into this country +without his consent, and an independent translation of his text into +English and its publication in America could not be prevented.</p> + +<p class="sidenote"><a name="149"></a>Exact conformity required in +formalities</p> + +<p>In view of the exact prescription of the method of securing copyright, +unless the statute is precisely complied with the copyright is not valid. +Said Judge Sawyer, in 1875, in Parkinson <i>v.</i> Laselle: "There is no +possible room for construction here. The statute says no right shall +attach until these acts have been performed; and the court cannot say, in +the face of this express negative provision, that a right shall attach +unless they are performed. Until the performance as prescribed, there is +no right acquired under the statute that can be violated." And in the case +of the play "Shaughraun," Boucicault <i>v.</i> Hart, in 1875, Justice Hunt +held, as regards copyrights in general: "Two acts are by the statute made +necessary to be performed, and we can no more take it upon ourselves to +say that the latter is not an indispensable requisite to a copyright than +we can say it of the former." The Supreme Court laid down this general +doctrine in Wheaton <i>v.</i> Peters, in reference to the statutes of 1790 +and 1802, and the later statutes are most explicit on this point. In the +same case of Wheaton <i>v</i>. Peters, Justice McLean, in delivering the +judgment of the Supreme Court, held that while the right "accrues," so +that it may be protected in <a name="Page_150" id="Page_150"></a><span +class="pagenum">[Pg 150]</span>chancery, on compliance with the first +requirement of the prescribed process, it must be perfected by complying +with the other requisites before a suit at law for violation of copyright +can be maintained.</p> + +<p class="sidenote"><a name="150a"></a>Expunging from registry</p> + +<p>A false or unjustifiable entry of copyright may be expunged from the +registry by court order, as was done in the English case <i>Re</i> Share +Certificate Book in 1908.</p> + +<p class="sidenote"><a name="150b"></a>British formalities</p> + +<p>The statutory formalities of copyright in other countries vary greatly. +In Great Britain copyright has been secured by first (or simultaneous) +publication within the British dominions or under the "international +copyright act." The law provided that a copy of the best edition of a book +must be deposited in the British Museum, this giving basis for proof of +publication, which deposit must be made within one month after publication +if published within London, three months elsewhere in the United Kingdom, +and one year in other parts of the British dominions; the failure to +deposit did not forfeit copyright, but involved a fine; but under the +international copyright provisions, deposit in the British Museum of a +colonial or foreign work was not required, though useful as <i>prima +facie</i> evidence of publication. Four other copies of domestic books +must be supplied to the universities of Oxford, Cambridge, Edinburgh and +Dublin if demanded within twelve months from publication. Registration at +Stationers' Hall was necessary for books only as a prerequisite to an +action at law against infringement, but was obligatory in the case of +paintings, drawings and photographs. Copyright notice on a book was not +required except to reserve the right of representation of a dramatic work, +etc., though it has been customary for English publishers to print the +phrase "All rights reserved" as the equivalent to the copyright notice. +But copyright notice was required <a name="Page_151" +id="Page_151"></a><span class="pagenum">[Pg 151]</span>to protect +sculpture, engravings and musical compositions and in respect to oral +lectures.</p> + +<p class="sidenote"><a name="151a"></a>The new British code</p> + +<p>The new British code bases copyright for all published works on first +publication within "the parts of His Majesty's dominions to which this Act +extends" or as provided for in colonial or international +arrangements—copyright of unpublished works depending upon British +citizenship or residence at the time of making. Delivery of copies to the +British Museum and on demand to the other libraries is required from the +publisher of every book published in the United Kingdom, but on penalty of +five pounds and the value of the book and not of forfeiture of copyright. +The National Library of Wales is entitled to a sixth copy, in prescribed +classes of books. Registration is no longer made a condition or +circumstance of copyright.</p> + +<p>Most of the British colonies have followed the precedent of the mother +country, with slight variation, in their domestic legislation. Canada and +Newfoundland, following the precedent of the United States, require +copyright notice in statutory form.</p> + +<p class="sidenote"><a name="151b"></a>Other countries</p> + +<p>France requires deposit of two copies upon publication, and +registration is required prior to a suit for infringement. Germany +requires the registration of the name of the author of anonymous or +pseudonymous works as the condition for copyright, but otherwise grants +copyright practically as natural right without requiring formalities. The +greater number of copyright countries do not impose any formalities except +for specific privileges as the right of translation, of representation or +of reproduction in the case of periodical contributions; or for special +subjects as works of art, musical compositions, telegraphic messages, +where these are protected, and oral lectures. Deposit of copies is, +however, generally required, <a name="Page_152" id="Page_152"></a><span +class="pagenum">[Pg 152]</span>either before putting the book on the +market or before circulation, or upon publication, or else within a +specified time after publication, ranging from ten days in the case of +Greece to two years in the case of Brazil, while in several countries no +specific time is mentioned. In Italy, if no deposit of a registered work +is made within ten years, the copyright is considered to be abandoned. The +number of copies required varies in the several countries from one to six. +In some countries specific formalities are required to establish the +beginning of the term of protection for collective or posthumous works, +etc., or in connection with the disclosure of the author's name on +anonymous or pseudonymous works. Spain, Colombia and Panama, and Costa +Rica have a curious provision that if a work is not registered within one +year from publication the copyright is forfeited for ten years, at the end +of which period it may be recovered by registration. Canada and +Newfoundland, following the United States precedent, Australia, Holland +and the Dutch colonies, and Siam require manufacture within the country. +In several countries penalty for failure to deposit is provided, the limit +being usually the value of a book and a sum not exceeding £5, or in France +300 francs. The deposit of a photograph or sketch of a work of art is in +many countries required for purposes of identification.</p> + +<p class="sidenote"><a name="152"></a>International provisions</p> + +<p>International copyright throughout the countries of the International +Copyright Union and the Pan American Union, if the Berlin and Buenos Aires +conventions are ratified throughout, will depend, as now it depends for +most countries, entirely on the formalities in the country of origin.</p> + +<p><a name="Page_153" id="Page_153"></a><span class="pagenum">[Pg +153]</span></p> + +<h3 class="p4">X</h3> + +<h4>THE AMERICAN MANUFACTURING PROVISIONS</h4> + +<p class="p2 sidenote"><a name="153a"></a>Manufacturing provision of +1891</p> + +<p>In the American law of 1891, embodying the "international copyright +amendment" which for the first time permitted the copyright in the United +States of works by foreign authors not resident in this country, the +copyright of books was conditioned on the manufacture within the United +States, and this condition was made applicable also to American +authors.</p> + +<p class="sidenote"><a name="153b"></a>Text in 1909 code</p> + +<p>The American code of 1909 follows this precedent in making manufacture +within the United States a <i>sine qua non</i> of copyright for printed +books and periodicals, lithographs and photo-engravings, under the +following provision (sec. 15), commonly cited as the manufacturing +provision: "That of the printed book or periodical specified in section +five, subsections (a) and (b) of this Act, except the original text of a +book of foreign origin in a language or languages other than English, the +text of all copies accorded protection under this Act, except as below +provided, shall be printed from type set within the limits of the United +States, either by hand or by the aid of any kind of type-setting machine, +or from plates made within the limits of the United States from type set +therein, or, if the text be produced by lithographic process, or +photo-engraving process, then by a process wholly performed within the +limits of the United States, and the printing of the text and binding of +the said book shall be performed within the limits of the United States; +which requirements shall extend also to the illustrations within a book +consisting of <a name="Page_154" id="Page_154"></a><span +class="pagenum">[Pg 154]</span>printed text and illustrations produced by +lithographic process, or photo-engraving process, and also to separate +lithographs or photo-engravings, except where in either case the subjects +represented are located in a foreign country and illustrate a scientific +work or reproduce a work of art; but they shall not apply to works in +raised characters for the use of the blind, or to books of foreign origin +in a language or languages other than English, or to books published +abroad in the English language seeking <i>ad interim</i> protection under +this Act."</p> + +<p class="sidenote"><a name="154a"></a>Scope and exceptions</p> + +<p>This manufacturing provision requires that every "book" except the +original text of a book of foreign origin, <i>i. e.</i>, not by an +American writer in a language or languages other than English, or a book +published abroad in the English language seeking <i>ad interim</i> +protection, or a book in raised characters for the use of the blind, can +obtain American copyright whether by an American or foreign author, only +in case the type is set, the plates made and lithographic or +photo-engraving text or illustrations produced and the work printed and +bound within the limits of the United States—inclusive, presumably, +of the outlying dependencies. The provision extends to periodicals, though +these are not subjected to the affidavit clause, and periodicals +containing authorized copyrighted material are not prohibited from +importation. The provisions extend also to lithographs or +photo-engravings, issued separately as well as for book illustration, +unless these represent foreign subjects or illustrate a scientific work or +reproduce a work of art.</p> + +<p class="sidenote"><a name="154b"></a>Changes 1891-1909</p> + +<p>The provision of 1909 differs from the provision of 1891 in requiring +that a book should be from plates type-set as well as made, and be printed +and bound, within the United States, in adding periodicals and by omitting +photographs and dropping the word <a name="Page_155" +id="Page_155"></a><span class="pagenum">[Pg 155]</span>chromo, and +including photo-engravings as well as lithographs. The inclusion of +binding in the manufacturing provision met with especial opposition, on +the ground that binding is not an integral part of, but an incidental +addition to, a completed book.</p> + +<p class="sidenote"><a name="155a"></a>German-American instances</p> + +<p>The effect of these provisions, to cite specific instances, is that an +original German text by a non-American author is exempt from the +manufacturing provisions, but that a French translation or an English +translation is not, and that an original German work by an American author +must be manufactured in this country to obtain protection, and that the +American author printing his work in English abroad may claim <i>ad +interim</i> protection but can obtain no substantial benefit from it. In +case a German-American citizen, or German resident of this country, writes +a book in the German language and prints it first in Berlin, he can have +no American copyright in the German edition; and if copies of such an +edition, without copyright notice, should reach the United States previous +to manufacture and publication of the work here, any one would have the +right to reprint print it, and the work would be practically dedicated to +the public, while the copyright notice could not be affixed to such +foreign printed edition without violation of the law. If, however, the +German work were a translation made by or for the author of a work written +in English, the general copyright of the English work would cover the +German edition, but the German copies could not then be imported.</p> + +<p class="sidenote"><a name="155b"></a>Dramas excepted</p> + +<p>A drama copyrightable as such under subsection (d) is not subject to +the manufacturing provision, unless classified as a book under subsection +(a). A printed drama was held not to be subject as a book to the +manufacturing provision in Hervieu <i>v.</i> Ogilvie, in the U. S. +Circuit Court, by Judge Martin <a name="Page_156" id="Page_156"></a><span +class="pagenum">[Pg 156]</span>in 1909, and this decision under the old +law is applicable to the new code.</p> + +<p class="sidenote"><a name="156a"></a>Exception of foreign original +texts</p> + +<p>The exception of "the original text of a book of foreign origin in a +language or languages other than English,"—drafted by the author of +the present volume, introduced at the instance of the American (Authors) +Copyright League, as the McCall bill with the assent of the +representatives of the typographical unions responsible for the +manufacturing provision,—was included to assure a real reciprocity +in copyright with continental and other non-English nations. The exception +is repeated toward the close of the section in the somewhat wider phrase +"books of foreign origin in a language or languages other than English," +which omits restriction to "the original text"; but it is probable that +the second phrasing would be construed in conformity with the first, as +the evident intention of the law.</p> + +<p class="sidenote"><a name="156b"></a>Exception of foreign illustrative +subjects</p> + +<p>The exception from lithographs and photo-engravings of subjects which +"are located in a foreign country and illustrate a scientific work or +reproduce a work of art" is intended to permit the importation, either +separately or for book use, of direct reproductions made abroad of scenes +or objects which otherwise could be reproduced in this country only +indirectly and at second-hand; the confusing and probably careless use of +the word "and" might seem to exclude from the exemption a lithograph or +photo-engraving of a natural scene, illustrating a work of travel, but the +courts might here feel justified in taking the more liberal view.</p> + +<p class="sidenote"><a name="156c"></a>Affidavit requirement</p> + +<p>To the manufacturing provision of the previous law has been added a new +affidavit requirement (sec. 16) as follows:</p> + +<p>"That in the case of the book the copies so deposited shall be +accompanied by an affidavit, under <a name="Page_157" +id="Page_157"></a><span class="pagenum">[Pg 157]</span>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 within the limits of the United States from type set therein; +or, if the text be produced by lithographic process, or photo-engraving +process, that such process was wholly performed within the limits of the +United States, and that the printing of the text and binding of the said +book have also been performed within the limits of the United States. Such +affidavit shall state also the place where and the establishment or +establishments in which such type was set or plates were made or +lithographic process, or photo-engraving process or printing and binding +were performed and the date of the completion of the printing of the book +or the date of publication."</p> + +<p class="sidenote"><a name="157"></a>Avoidance of errors</p> + +<p>In preparing the affidavit, which is necessary for books only, the +applicant should be careful to note the following points, as to which +errors are commonly made. The affidavit should correspond exactly with the +application (as that with the title-page or other data in the work +itself). The affidavit cannot be made till <i>after</i> publication and +must state the exact day of publication or the date of completion, either +or both, which last means not necessarily the completion of printing the +whole edition, but of the deposit copies. The affidavit must be taken and +signed by an individual, not by a corporation, company or firm as such, +and the affiant must state whether he is the claimant, agent of the +claimant, or printer, striking out the other designations. The name of the +printer <a name="Page_158" id="Page_158"></a><span class="pagenum">[Pg +158]</span>and binder must be given in the affidavit with city and state +(but not street) address; but this means the printing and binding +establishment and not the individual type-setter or binder. If the book is +not bound but only issued in paper, the word "unbound" should be written +into the affidavit. It is necessary to give the <i>venue</i>, that is, the +county and state in which the affidavit is made, and to take the oath +before a notary or other official authorized to take such oath in that +locality (not merely a justice of the peace). The affiant's and notary's +names should be signed exactly as written into the body of the affidavit, +and the seal should correspond exactly with the name of the official and +the <i>venue</i>. The signature of the affiant and of the notary and the +seal are all necessary to validate the affidavit. The names and other +writing should be written plainly, and the affiant should make sure to +read the affidavit and compare it with the application and with the +book.</p> + +<p class="sidenote"><a name="158a"></a>Forfeiture by false affidavit</p> + +<p>In case of false affidavit, forfeiture of copyright is provided (sec. +17) as follows:</p> + +<p>"That any person who, for the purpose of obtaining registration of a +claim to copyright, shall knowingly make 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."</p> + +<p class="sidenote"><a name="158b"></a>Exact compliance necessary</p> + +<p>The affidavit clause is exact and specific. It may be made either by +the printer or the publisher. This exacting and drastic addition to the +manufacturing clause met with strong opposition from the friends of +copyright, particularly authors and book publishers, as unnecessary and +unreasonable, but was successfully insisted upon by the representatives of +the typographical <a name="Page_159" id="Page_159"></a><span +class="pagenum">[Pg 159]</span>unions. The voiding of copyright because of +a false affidavit by a printer or publisher, which might even be +mistakenly made and of which the author would have no cognizance, was +opposed as especially unjust to authors and out of keeping with the rest +of the law. Under the statute as enacted, this provision must be exactly +complied with, and the courts would doubtless enforce it to the +letter.</p> + +<p class="sidenote"><a name="159"></a>Importation questions</p> + +<p>The manufacturing provision of 1891 and its extension in the code of +1909 have raised important and difficult questions as to the time at which +these provisions become effective in relation with copyrights previously +existing. It was claimed by Benziger Brothers, as proprietors of a +copyright American edition of the "Key of Heaven," that an edition of +sheets printed in America previous to the law of 1909 and sent abroad for +binding, could be re-imported notwithstanding the new provision against +binding, but the decision of the appraisers at New York against this claim +was upheld by the Secretary of the Treasury, under advice of the +Attorney-General, and the courts have not yet had occasion to pass on the +question. This ruling indicates that since July 1, 1909, copyright could +not be maintained on any book unless type-set, printed and bound +completely within the limits of the United States, and that any +copyrighted books, partly manufactured in the United States, but bound and +otherwise completed abroad since July 1, 1909, must be denied importation. +It has been decided, however, by the Attorney-General, that the +manufacturing requirement as to binding refers only to the original, and +that copyright books rebound abroad cannot be denied importation. Also it +has been held that a foreign translation of a copyright work, for which +translation American copyright is not claimed, cannot be refused +importation. </p> + +<p><a name="Page_160" id="Page_160"></a><span class="pagenum">[Pg +160]</span> The provisions supplementing the manufacturing clause by +prohibiting importation are given in the chapter on importation.</p> + +<p class="sidenote"><a name="160"></a>Foreign manufacturing provisions</p> + +<p>Holland is the only country in Europe which requires that the deposit +copies shall be printed within the country and thus makes manufacture a +condition of copyright—an inheritance probably from the times when +the printer-publishers of the Protestant Netherlands were the only ones +printing the books barred in Catholic countries by the <i>index +expurgatorius</i>, and when deposit was naturally required from them. The +law covered the Dutch West Indies, and the precedent was followed in Siam; +and in the Transvaal and Orange State the Dutch law continued after they +had become English colonies. Otherwise than in these countries, only the +British dominions of Canada and Newfoundland and the Commonwealth of +Australia have manufacturing provisions. Canada made such provision as to +domestic copyright in 1886 and again in the act of May 2, 1889, which last +provides that a literary, scientific, musical or artistic work shall, +before or simultaneously with publication or production elsewhere, be +registered in the office of the Minister of Agriculture, and be printed or +published or produced in Canada within one month after publication or +production elsewhere. Newfoundland in its statute of 1892, following our +own of 1891, provided similarly that the condition for obtaining copyright +shall be that the literary, scientific or artistic work shall be printed +and published or produced in this colony. Australia, under the new code of +1905, confines domestic copyright to books (inclusive of drama) "printed +from type set up in Australia, or plates made therefrom, or from plates or +negatives made in Australia in cases where type is not necessarily used," +and in an artistic work to those "made in Australia." </p> + +<p class="sidenote"><a name="161"></a>English patent proviso</p> + +<p><a name="Page_161" id="Page_161"></a><span class="pagenum">[Pg +161]</span>Unfortunately, the precedent of our copyright act of 1891 has +since been followed in England in the patent and designs act of 1907, +which provides (sec. 27) that a patent may be revoked after four years "on +the ground that the patented article or process is manufactured or carried +on exclusively or mainly outside the United Kingdom." Such a provision had +been a feature of the patent laws of Germany, Canada and other countries, +but it is new in British law and has evoked strong protest from American +patentees, notwithstanding that it is parallel with our manufacturing +provision with respect to copyrights.</p> + +<p><a name="Page_162" id="Page_162"></a><span class="pagenum">[Pg +162]</span></p> + +<h3 class="p4">XI</h3> + +<h4>DRAMATIC AND MUSICAL COPYRIGHT, INCLUDING PLAYRIGHT</h4> + +<p class="p2 sidenote"><a name="162a"></a>Dramatists' and composers' +rights</p> + +<p>The dramatic author and the musical composer receive recompense for +their creative labor not so much from publication of their works in the +printed form of a book as through their performance or representation, +when protected as playright or performing right, as the artist receives +remuneration not only for the reproduction and sale of copies, but also +from the exhibition as well as sale of his original work. Dramatic and +musical copyright, in the wide sense, therefore, covers copyright in the +specific sense and playright, as to which latter common law rights +especially need statutory protection.</p> + +<p class="sidenote"><a name="162b"></a>American provisions</p> + +<p>In the protection of dramatic and musical compositions the new American +code specifically provides not only for copyright, but for playright or +right of performance. Under subject-matter of copyright (sec. 5) such +works are classified as "(d) Dramatic or dramatico-musical compositions; +(e) Musical compositions"; and the Copyright Office Rules and Regulations +further define these classes as follows:</p> + +<p class="sidenote">Copyright Office definitions</p> + +<p>"8. <i>(d) Dramatic and dramatico-musical compositions</i>, such as +dramas, comedies, operas, operettas and similar works.</p> + +<p>"The designation 'dramatic composition' does not include the following: +Dances, ballets, or other choregraphic works; tableaux and moving picture +shows; stage settings or mechanical devices by which dramatic effects are +produced, or 'stage business'; animal <a name="Page_163" +id="Page_163"></a><span class="pagenum">[Pg 163]</span>shows, +sleight-of-hand performances, acrobatic or circus tricks of any kind; +descriptions of moving pictures or of settings for the production of +moving pictures. (These, however, when printed and published, are +registrable as 'books.')</p> + +<p>"9. <i>Dramatico-musical compositions</i> include principally operas, +operettas, and musical comedies, or similar productions which are to be +acted as well as sung.</p> + +<p>"Ordinary songs, even when intended to be sung from the stage in a +dramatic manner, or separately published songs from operas and operettas, +should be registered as musical compositions, not dramatico-musical +compositions.</p> + +<p>"10. <i>(e) Musical compositions</i>, including other vocal and all +instrumental compositions, with or without words.</p> + +<p>"But when the text is printed alone it should be registered as a +'book,' not as a 'musical composition.'"</p> + +<p class="sidenote"><a name="163a"></a>Rights assured</p> + +<p>To dramatic and musical authors are given (sec. 1) in addition to the +general right, granted in subsection "(a) To print, reprint, publish, copy +and vend the copyrighted work," the specific exclusive rights:</p> + +<p>"(b) ... to dramatize it if it be a non-dramatic work; to convert it +into a novel or other non-dramatic work if it be a drama; to arrange or +adapt it if it be a musical work;...</p> + +<p class="sidenote"><a name="163b"></a>Dramatic rights</p> + +<p>"(d) To perform or represent the copyrighted work publicly if it be a +drama or, if it be a dramatic work and not reproduced in copies for sale, +to vend any manuscript 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, represent, produce, <a name="Page_164" +id="Page_164"></a><span class="pagenum">[Pg 164]</span>or reproduce it in +any manner or by any method whatsoever;</p> + +<p class="sidenote"><a name="164a"></a>Musical rights</p> + +<p>"(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 set forth in subsection (a) hereof, to make 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";—to which +provision of subsection (e), in respect to copyright control of mechanical +records, are added provisos that such control shall not extend to +compositions published and copyrighted before July 1, 1909, and works of +foreigners whose state does not grant similar right to American citizens, +and shall be subject to compulsory license arrangements, requiring that if +the author permits any mechanical reproduction, he shall license any +manufacturer under conditions stated in detail in the act, all of which +exceptions and conditions are fully stated in the chapter on mechanical +music provisions.</p> + +<p class="sidenote"><a name="164b"></a>Excepted performance</p> + +<p>An exception to these exclusive rights is, however, made in the proviso +(sec. 28) "<i>Provided, however</i>: That nothing in this Act shall be so +construed as to prevent the performance of religious or secular works, +such as oratorios, cantatas, masses, or octavo choruses by public schools, +church choirs, or vocal societies, rented, borrowed, or obtained from some +public library, public school, church choir, school choir, or vocal +society, provided the performance is given for charitable or educational +purposes and not for profit."</p> + +<p>This proviso is singularly defective in phraseology, as the phrase +"octavo choruses" has no musical significance and uses a music-trade term +to designate <a name="Page_165" id="Page_165"></a><span +class="pagenum">[Pg 165]</span>choruses usually but not necessarily +published in octavo form; and the duplication of the words "public +school," etc., is probably a verbal error in the bill which mistakenly +became part of the law. The proviso is doubtless intended and would fairly +be construed to permit gratuitous unauthorized performance of religious or +secular works such as oratorios, cantatas, masses, and choruses by public +schools, church choirs, school choirs or vocal societies, from copies +rented, borrowed, or obtained from some public library, provided the +performance is given for charitable or educational purposes and not for +profit. Curiously the letter of the proviso would seem to provide that the +beneficiary organization cannot perform from a purchased copy, but only +from copies rented, borrowed or "obtained from" some public source; but +this also is an evident error.</p> + +<p class="sidenote"><a name="165"></a>Performance "for profit"</p> + +<p>It should be noted that the omission from subsection (d) as to drama +and the inclusion in subsection (e) as to music, of the words "for +profit,"—doubtless with the intent of assuring to the individual +purchaser of music the right to perform it privately,—have +significance here, and serve, it would seem, to give the dramatic author +absolute control even over gratuitous performances and to limit the +control of the musical author to performances which are not gratuitous, a +negative provision covering, and giving much wider latitude than, the +proviso (sec. 28) above cited. But as dramatico-musical compositions are +classified (sec. 5, d) with dramatic compositions, and an oratorio and +possibly a cantata might be considered as a dramatico-musical composition, +the proviso (sec. 28) may have a specific effect as to this kind of +dramatico-musical compositions. The law is unfortunately defective and +confusing by reason of this proviso and will be so difficult of judicial +construction <a name="Page_166" id="Page_166"></a><span +class="pagenum">[Pg 166]</span>as to suggest the omission, by amendment, +of this proviso. The use of the word "public" in both cases implies that +the author cannot control private representation and opens other questions +difficult of judicial interpretation.</p> + +<p class="sidenote"><a name="166a"></a>Works not reproduced</p> + +<p>It is provided (sec. 11): "That copyright may also be had of the works +of an author of which copies are not reproduced for sale, by the deposit, +with claim of copyright, of one complete copy of such work if it be ... a +dramatic or musical composition"; provided that the required deposit of +two copies shall be made, as in the case of books, on publication +thereafter by the multiplication and public sale or distribution of +copies.</p> + +<p class="sidenote"><a name="166b"></a>Copyright notice</p> + +<p>The notice of copyright must be printed (sec. 18) on each copy, as in +the case of a book in the form "Copyright" or the abbreviation "Copr.," +"accompanied by the name of the copyright proprietor" and "the year in +which the copyright was secured by publication." In the case of a +published dramatic work the notice must be placed, as in the case of a +book, upon the title-page or the page immediately following, but in the +case of a published musical work the law provides that the notice "shall +be applied ... either upon its title-page or the first page of music," and +this specification makes the copyright notice of doubtful validity if +applied in a musical work on the page following the title-page, unless +this is the first page of music.</p> + +<p class="sidenote"><a name="166c"></a>Dramatico-musical works protected +from mechanical reproduction</p> + +<p>The classification of dramatico-musical compositions under subsection +(d) as dramatic works and not under subsection (e) as musical +compositions, defines an opera and possibly an oratorio or cantata as a +dramatic rather than a musical composition. As the dramatic author is +given (sec. 1, d) the comprehensive rights over reproduction "in any +manner or by <a name="Page_167" id="Page_167"></a><span +class="pagenum">[Pg 167]</span>any method whatsoever" while the musical +author is limited (sec. 1, e) in respect to mechanical reproductions, it +would seem to follow that the author of an opera may retain absolute +control over mechanical reproduction, as the author of a non-musical drama +retains absolute control over phonographic or other reproduction of his +drama. This would seem to confine the requirements that the author of a +musical composition permitting mechanical reproduction should license any +manufacturer, to musical compositions which are not dramatic, <i>i. +e.</i>, to instrumental compositions or to songs and other vocal music not +associated with drama. As an overture to an opera is an integral part of +the dramatico-musical composition, it would even seem that an overture +which is part of an opera, or possibly an orchestral introduction or +interlude in an oratorio or cantata, would not be subject to the mandatory +license provided as to musical compositions. But this question has not yet +come before the courts.</p> + +<p class="sidenote"><a name="167"></a>Dramatic and musical works excepted +from manufacturing provisions</p> + +<p>Dramatic and musical works are not mentioned in the manufacturing and +affidavit provisions (secs. 15, 16, 17) which are specifically confined to +"the printed book or periodical specified in section 5, subsections (a) +and (b)," while dramatic and musical compositions are classified in +subsections (d) and (e). It might be alleged that dramatic or musical +compositions in book form or produced as books from type or by +lithographic or photo-engraving process should be classified as books and +subjected to the manufacturing provisions; but this is distinctly not the +letter of the law. This exception was specifically upheld for music in the +case of Littleton <i>v.</i> Ditson in 1894, by Judge Colt in the +U. S. Circuit Court in Massachusetts, where the defense that there +was no copyright in certain songs because the music sheets <a +name="Page_168" id="Page_168"></a><span class="pagenum">[Pg +168]</span>were not from type set or plates made within the United States, +was overruled; and for drama in Hervieu <i>v.</i> Ogilvie in 1909, where +in the U. S. Circuit Court in New York, Judge Martin cited with +approval Judge Colt's decision. This ruling was also embodied in Treasury +decision No. 21012 of April 17, 1899, permitting the importation of +musical compositions copyrighted in the United States and printed +abroad.</p> + +<p class="sidenote"><a name="168a"></a>British colonial practice</p> + +<p>The Australian law, on the contrary, specifically includes under the +definition of "book," a "dramatic work" and a "musical work," and thus +subjects both to the manufacturing clause. Printing and publishing are +required in Canada ("within one month after publication or production +elsewhere") and in Newfoundland to obtain copyright under the local acts; +and as drama is not mentioned but included generically as a book or +literary composition, and music is specifically included, both dramatic +and musical compositions must be manufactured within each country to +obtain local, as distinguished from British or Imperial, protection.</p> + +<p class="sidenote"><a name="168b"></a>Entry under proper class<br /> + +<a name="168c"></a>Applications and certificates</p> + +<p>The author of a dramatic, dramatico-musical, or musical composition +should therefore be careful to make application in the United States under +class (d) or (e) and not as a book under class (b). The fact that the law +classifies under subsection (d) dramatic or dramatico-musical compositions +and under subsection (e) musical compositions, has caused the Copyright +Office to prepare separate application forms and certificates for +(D<sup><span class="tinier">1</span></sup>) a dramatic composition, +(D<sup><span class="tinier">3</span></sup>) a dramatico-musical +composition and (E<sup><span class="tinier">1</span></sup>) a musical +composition, "published"; as also for (D<sup><span +class="tinier">2</span></sup>) a dramatic composition (or a +dramatico-musical composition) and (E<sup><span +class="tinier">2</span></sup>) a musical composition, "not reproduced for +sale." It would seem advisable therefore that the author of an opera, +oratorio or the like, <a name="Page_169" id="Page_169"></a><span +class="pagenum">[Pg 169]</span>to obtain the fullest protection under the +law, should enter such work in class (d) as a dramatico-musical +composition rather than in class (e) as a musical composition, and thus +safeguard himself against the mechanical music proviso applied exclusively +to class (e).</p> + +<p class="sidenote"><a name="169a"></a>Right of dramatization</p> + +<p>In regard to dramatization, the new American code is specific (sec. 1, +b) in giving to the author of an original work the exclusive right "to +dramatize it if it be a non-dramatic work" or "to convert it into a novel +or other non-dramatic work if it be a drama." The relations of a maker of +a dramatic version of a literary work or of a literary version of a +dramatic work, would follow the same rule as in the case of a translator. +An author has the exclusive right to dramatize or permit the dramatization +of his work, and the dramatization may be copyrighted in the name of the +original author or of the dramatizer, but the dramatizer cannot prevent +another dramatization of the same work unless by transfer of exclusive +right from the original author.</p> + +<p class="sidenote"><a name="169b"></a>Dramatization term</p> + +<p>The specific copyright on a published dramatization dates from the +publication of the dramatization, which may extend the protection of the +dramatization beyond the copyright term of the original work. But on the +expiration of the copyright in the original work rival dramatizations can +no longer be prevented. All this holds true as to the novelization of a +drama.</p> + +<p class="sidenote"><a name="169c"></a>Musical arrangements</p> + +<p>In respect to music, the language of the law (sec. 1, e) is thoroughly +comprehensive in covering the arrangement or setting of a musical +composition or of a melody in any notation or in any form whatever. This +gives to the musical author entire control over the use of any part of his +work, as for instance the transcription from an orchestral work for piano +use, the instrumentation of a vocal work or the use for a <a +name="Page_170" id="Page_170"></a><span class="pagenum">[Pg +170]</span>song of any melody in an orchestral work. On the other hand, +variations, transcriptions and so forth of a copyrighted work, made under +authorization from the copyright proprietor, may be separately copyrighted +as to that extent original works.</p> + +<p class="sidenote">Copyright Office definitions</p> + +<p>The Copyright Office Rules and Regulations say specifically: "(10) +'Adaptations' and 'arrangements' may be registered as 'new works' under +the provisions of section 6. Mere transpositions into different keys are +not expressly provided for in the copyright act; but if published with +copyright notice and copies are deposited with application, registration +will be made."</p> + +<p class="sidenote"><a name="170a"></a>Transposition</p> + +<p>In Hein <i>v.</i> Harris in 1910, the U. S. Circuit Court awarded +damages where the chorus of a song proved on transposition into the key of +the copyright song to be practically a copy of the melody.</p> + +<p class="sidenote"><a name="170b"></a>Works in the public domain</p> + +<p>It is specifically provided (sec. 6) that "adaptations, arrangements, +dramatizations ... or other versions of works in the public domain, ... +shall be regarded as new works subject to copyright," and in the case of +such versions copyright inheres in the dramatizer, adaptor or maker of a +version, as in the case of a translator of a book, in the public domain. +Thus a dramatic or musical work in the public domain may be dramatized or +adapted freely and any individual dramatization or adaptation may be +copyrighted by the dramatizer or adaptor, but he cannot prevent other +dramatization or adaptation of the same work.</p> + +<p class="sidenote"><a name="170c"></a>Dramatization right protected by +courts</p> + +<p>The American courts have fully upheld the control over dramatization +under the right "to dramatize" specifically given in the law of 1891 and +preserved under the new code. In 1895 in Harper <i>v.</i> Ranous, Judge +Lacombe, in the U. S. Circuit Court in New York, enjoined a play, +"Trilby," on the ground that the drama "presents characters, plot, +incidents, <a name="Page_171" id="Page_171"></a><span class="pagenum">[Pg +171]</span>dramatic situations and dialogue appropriated from Du Maurier's +copyrighted novel," while denying protection against the mere use of the +title. In the same year and in respect to the same novel, in Harper +<i>v.</i> Ganthony, the Harpers, as owners of the copyright of "Trilby," +also obtained from Judge Lacombe an injunction against Miss Ganthony, who +had presented at the Eden Musée a series of monologues in costume +following the plot of the story, which the judge held to constitute a +dramatic version and therefore an infringement. A story, "The +transmogrification of Dan," purchased by the <i>Smart Set</i> for $85, +copyrighted as part of that periodical and assigned back to the author, +was dramatized by Paul Armstrong and produced by the defendants under the +name of "The heir to the Hoorah," retaining the central incident of the +story, though with modification and extension of the characters, situation +and dialogue. In 1908 Judge Hazel, in Dam <i>v.</i> Kerke La Shelle Co., +in the U. S. Circuit Court in New York, awarded the full profits from +the dramatic representation as damages to the executor of Dam, the author +of the story; which decision was fully upheld in 1910 by the Circuit Court +of Appeals through Judge Noyes. Thus the new American code specifically +enacts into statute law previous decisions of the American courts.</p> + +<p class="sidenote"><a name="171"></a>English law and practice</p> + +<p>Under English law, on the contrary, the right of dramatization has not +been included under copyright; the mere copyrighting of a book could not +prevent its dramatization, but the copyrighting of a work in dramatized +form before its publication as a novel practically prevented other +dramatization of the literary work in so far as the one drama was a +reproduction of the features of the other. As stated by Colles and Hardy +in their recent work (1906) on "Playright and copyright in all countries," +"a novel is not a <a name="Page_172" id="Page_172"></a><span +class="pagenum">[Pg 172]</span>dramatic piece, ready and fit for +representation on the stage. Consequently, the author of a novel has the +copyright in his book, but he has no playright according to English law." +The general principles were best stated in 1874 by Chief Justice Cockburn +in Toole <i>v.</i> Young, where Grattan's drama "Glory" was declared not +to be an infringement either of Hollingshead's novel "Not above his +business," on which it was confessedly founded, nor of the dramatic +version made under the title of "Shop" by Hollingshead himself, but never +printed or performed and therefore unpublished: "Two persons may dramatize +the same novel, for that is common property. It is true that a writer +cannot produce and represent a drama, which he has borrowed from a drama +written previously by another person; he would then be representing the +production of the first dramatist.... I wish to guard myself against being +supposed to lay down that, if a writer, while dramatizing a novel, takes +the incidents, characters, and dialogue of a previous drama founded upon +that novel, and reproduces what is in substance identical with the +previous drama, there might not be an infringement of the right of the +earlier dramatist if the later drama be represented on the stage."</p> + +<p class="sidenote">The new British code</p> + +<p>The new British measure remedies this defect by specifically including +the sole rights to convert a novel or other non-dramatic work, or an +artistic work, into a dramatic work, by way of performance in public or +otherwise, and to convert a dramatic work into a novel or other +non-dramatic work.</p> + +<p class="sidenote"><a name="172"></a>Infringement cases</p> + +<p>A curious early case was that of Reade <i>v.</i> Conquest in 1862, in +which the son of Charles Reade had made and sold to the defendant, who +produced it at his theatre, a dramatic version of "It is never too late to +mend" in ignorance of the fact that his father had <a name="Page_173" +id="Page_173"></a><span class="pagenum">[Pg 173]</span>first written a +play called "Gold" and had then transformed that into the novel; in this +the defendant was enjoined because the version which he produced infringed +the earlier play. In Beere <i>v.</i> Ellis in 1889, Baron Pollock enjoined +a rival dramatic version of "As in a looking glass" on the ground that +while bits of dialogue, presumably copied into the defendant's version, +were scarcely substantial, yet a special situation founded on a new +incident not in the novel and certain stage business connected with the +death of the heroine constituted an infringement. In 1890, in Schlesinger +<i>v.</i> Turner, the executors of Wilkie Collins obtained an injunction +against a rival dramatic version of "The new Magdalen," the judge holding +that although the defendant's version had not been copied from the +author's own play, it was substantially similar and therefore an +infringement. That an independent and different dramatic version can, +however, be made, was specifically held in the case of Schlesinger +<i>v.</i> Bedford in the same year, when Collins's executors failed to +obtain an injunction against the defendant's rival dramatic version of +"The woman in white," although the novelist himself had previously +dramatized his work, the judge holding that the two plays were +"essentially different."</p> + +<p class="sidenote"><a name="173"></a>Use of substantial quotations</p> + +<p>But the use in a play of considerable portions of a copyrighted novel +would be an infringement. That a dramatization using substantial parts of +a novel infringes the novel, was definitely established in 1863 in Tinsley +<i>v.</i> Lacy, where the proprietor of Miss Braddon's "Lady Audley's +secret" and "Aurora Floyd" obtained an injunction against a bookseller who +sold dramatizations under the same titles of which a quarter or more of +the text was taken bodily from the novels. So in 1888 an injunction was +obtained from Judge Stirling, in Warne <i>v.</i> Seebohm, in the Court of +<a name="Page_174" id="Page_174"></a><span class="pagenum">[Pg +174]</span>Chancery, against a dramatization of "Little Lord Fauntleroy" +which copied from the novel beyond the limits of fair use and was +therefore considered a "copy" from the work.</p> + +<p class="sidenote"><a name="174a"></a>Specific scenes or situations</p> + +<p>Where in dramatizing a novel, the dramatic author invents and +introduces new scenes, situations or other features, the copying of such +added features into another dramatic version of the novel, otherwise +independent, constitutes an infringement of the original play. In the case +of Nethersole <i>v.</i> Bell in 1903, with respect to rival English +dramatic versions of Daudet's "Sapho," it was held that while there might +lawfully be independent dramatizations of the novel, the circumstances +indicated that the Espinasse version of the defendant, said to have been +written in Australia, had been so modified consequent to representation of +Clyde Fitch's version, as to constitute an infringement of the plaintiff's +rights. In Tree <i>v.</i> Bowkett in 1896, plaintiff obtained an +injunction against the use by the defendant in a rival dramatic version of +"Trilby" because of two scenes introduced by the plaintiff into his drama +which were not in the novel or in the American dramatization. On the other +hand, in Chatterton <i>v.</i> Cave in 1876, where the plaintiff had +dramatized Eugene Sue's "The wandering Jew" and added two scenes not in +the novel, an injunction was denied by Lord Chief Justice Coleridge +against an independent dramatization, though it had included similar +scenes, on the ground that these were not sufficiently substantial and +material in the play to constitute an infringement. And this application +of the principle of <i>de minimis non curat lex</i> was affirmed by the +House of Lords in 1878.</p> + +<p class="sidenote"><a name="174b"></a>What is a dramatic composition<br /> + +<a name="175a"></a>Judge Blatchford's opinion</p> + +<p>As to what is a dramatic composition or representation, no definition +is given in the American law, and the English laws of 1833 and 1842, +quoted beyond, <a name="Page_175" id="Page_175"></a><span +class="pagenum">[Pg 175]</span>are not explicit. Both English and American +courts have therefore been obliged to make or to extend definitions, but +the decisions have been somewhat confusing. The most explicit general +statement is that made by Judge Blatchford in discussing Daly <i>v.</i> +Palmer in 1868: "A composition, in the sense in which that word is used in +the act of 1856, is a written or literary work invented or set in order. A +dramatic composition is such a work in which the narrative is not related, +but is represented by dialogue and action. When a dramatic composition is +represented in dialogue and action by persons who represent it as real by +performing or going through with the various parts or characters assigned +to them severally, the composition is acted, performed, or represented; +and if the representation is in public, it is a public representation. To +act in the sense of the statute is to represent as real by countenance, +voice, or gesture that which is not real. A character in a play who goes +through with a series of events on the stage without speaking, if such be +his part in the play, is none the less an actor in it than one who, in +addition to motions and gestures, uses his voice. A pantomime is a species +of theatrical entertainment, in which the whole action is represented by +gesticulation without the use of words. A written work consisting wholly +of directions, set in order for conveying the ideas of the author on a +stage or public place by means of characters who represent the narrative +wholly by action, is as much a dramatic composition designed or suited for +public representation as if language or dialogue were used in it to convey +some of the ideas."</p> + +<p class="sidenote"><a name="175b"></a>Judicial definitions</p> + +<p>In a recent case of Barnes <i>v.</i> Miner in 1903, where an injunction +was asked against a vaudeville change artist who had combined songs in +costume with a cinematograph representation of scenes in the dressing <a +name="Page_176" id="Page_176"></a><span class="pagenum">[Pg +176]</span>room during the changes, Judge Ray, in the U. S. Circuit +Court in New York, declined to grant relief, adding that as a mere +spectacular composition such "sketch" was not properly a dramatic +composition. The English law was construed in 1848 in Russell <i>v</i>. +Smith, when a song "The ship on fire," in which dramatic action was +exhibited by the singer alone without costume or scenery, while seated at +the piano, was construed to be a "dramatic piece"—the action being +"not related but represented." In 1872, in Clark <i>v.</i> Bishop, a music +hall song "Come to Peckham Rye" was similarly protected as a "dramatic +piece." But in 1895, in Fuller <i>v.</i> Blackpool Winter Gardens Co., it +was held that the song "Daisy Bell," though sung in character costume, was +not a "dramatic piece" because its representation did not require acting +or dramatic effect. Later decision construed the act of 1833 to cover +only spoken words, the English Court of Appeal holding in Scholz <i>v</i>. +Amasis in 1909, through Lord Chief Justice Farwell, that only substantial +copying of written dialogue, and not of a plot or situation, constitutes +infringement, and in Tate <i>v.</i> Fullbrook in 1908, that the writer of +the dialogue is the sole author of the musical sketch though devised and +staged by another. But in two cases, one by Moore in 1903 and one by +Fraser in 1905, against George Edwardes, English juries gave heavy damages +where the scenarios for musical comedies submitted to that theatrical +manager had been made the basis for musical comedies by other writers +afterward produced at Daly's Theatre, London.</p> + +<p class="sidenote"><a name="176"></a>Moving pictures may be +infringements</p> + +<p>The opinion of Judge Blatchford was quoted and followed by the +U. S. Circuit Court of Appeals in New York, in 1909, in Harper +<i>v.</i> Kalem Co., which said through Judge Ward: "The artist's idea of +describing by action the story the author has written in words is <a +name="Page_177" id="Page_177"></a><span class="pagenum">[Pg 177]</span>a +dramatization. It is not necessary that there should be both speech and +action in dramatic performances although dialogue and action usually +characterize them." In this case the defendants had caused persons to +represent the action in certain scenes of "Ben Hur" and photographed this +representation on a moving picture film, which they reproduced for sale to +theatoriums, where public exhibitions were given for profit. The court +held under the old law that "moving pictures would be a form of expression +infringing the author's exclusive right to dramatize his writings and +publicly to perform such dramatization." The contrary view was held in the +English case of Karno <i>v.</i> Pathé Frères in 1908, where also the Court +of Appeal held, in 1909, that not the manufacturer but the exhibitor of +such a film would be the responsible party if there were infringement.</p> + +<p class="sidenote"><a name="177a"></a>Literary merit not requisite</p> + +<p>The doctrine that copyright does not depend on literary merit, was +strengthened in a dramatic case in Henderson <i>v.</i> Tompkins in 1894, +in the U. S. Circuit Court in Massachusetts by Judge Putnam, who held +that a paraphrase of "I wonder if dreams come true," from "Ali Baba," +constituted an infringement, though the offending piece had slight +literary merit.</p> + +<p class="sidenote"><a name="177b"></a>What is a dramatico-musical +composition</p> + +<p>As to what is a musical composition, the term defines itself. But the +phrase "dramatico-musical compositions," as used in the American code, +bristles with perplexities, not altogether solved by the definitions of +the Copyright Office Rules, above cited. It means, of course, music and +drama in association, but in this combination the definition of the +dramatic side is peculiarly difficult. Whether a dance, ballet or other +choregraphic work, with or without music, is included, is a mooted +question. In 1892, in Fuller <i>v.</i> Bemis, where the plaintiff sought +to protect a skirt dance of which she had filed a description for +copyright as a <a name="Page_178" id="Page_178"></a><span +class="pagenum">[Pg 178]</span>dramatic composition, Judge Lacombe, in the +U. S. Circuit Court in New York, held that: "It is essential for a +dramatic composition to tell some story. The plot may be simple, it may be +but the representation of a single transaction; but it must repeat or +mimic some action, speech, emotion, passion, or character, real or +imaginary. A series of graceful movements, combined with an attractive +arrangement of drapery, lights, and shadows, telling no story, portraying +no character, depicting no emotion, is not a dramatic composition." This +view is adopted in the Copyright Office Rules and defines accepted +American practice, but is not consonant with English and international +views.</p> + +<p class="sidenote">The new British code</p> + +<p>The new British measure is definitely comprehensive and specific in +including as a dramatic work "any piece for recitation, choregraphic work +or entertainment in dumb show the scenic arrangement or acting form of +which is fixed in writing or otherwise, and any cinematograph production +where the arrangement or acting form or the combination of incidents +represented give the work an original character."</p> + +<p class="sidenote"><a name="178"></a>Protection of playright</p> + +<p>It is evident that the methods for securing copyright for published +dramatic and musical works are in general the same, with exceptions noted +in this chapter, as for literary works, that is, publication with +copyright notice and registration with deposit promptly after publication +of two copies of the best edition then published, with a fee of one +dollar. Copyright in the specific sense is, however, of less importance to +the dramatic or musical author, as has already been pointed out, than +playright or performing right, which is also covered and protected +specifically by the code of 1909, though in less accurate, definite and +satisfactory provisions, involving in some respects serious questions. The +right at common law or in equity to prevent the copying, publication or <a +name="Page_179" id="Page_179"></a><span class="pagenum">[Pg 179]</span>use +of an unpublished work and to obtain damages therefor, is specifically +confirmed (sec. 2), and this applies especially to unregistered +manuscripts.</p> + +<p class="sidenote"><a name="179"></a>Protection of unpublished work</p> + +<p>The method of registration of an unpublished work to secure playright +or performing right, as previously stated, is absolutely simple, +consisting solely in the registration of a claim and the deposit of one +copy of the work in manuscript or other unpublished form, with a fee of +one dollar. The law is clear and satisfactory as to the punishment, after +such registration, of infringement of playright or performing right, but +it is not clear as to the date from which such protection starts, and +whether protection is for an indeterminate period up to publication +(practically in perpetuity if no publication be made), or for the +statutory term. This is because the relations of publication and first +performance are inferences only and specifically defined in the law. The +Copyright Office issues a certificate for twenty-eight years, but without +reference to initial date, which would be presumably the date of the +certificate. The Copyright Office will doubtless, under this precedent, +issue renewal certificate for the second term of twenty-eight years. The +trend, and in several instances the letter of the law, shows publication +to mean the multiplication or reproduction of printed or other copies and +their public offering, sale and distribution, and indicate that +performance, whether privately or publicly and for profit, is not +publication. The new Copyright Office Rules specifically hold that: +"Representation on the stage of a play is not a publication of it, nor is +the public performance of a musical composition publication." Judicial +decisions on this point both in England and this country are confusing if +not contradictory. In the absence of specific provision in the law for +renewal of term in unpublished works, the <a name="Page_180" +id="Page_180"></a><span class="pagenum">[Pg 180]</span>view that the grant +of the statute is for protection under the common law rather than a +statutory and limited grant of privilege, is defensible and may be upheld +by the courts, should a case arise. No case is likely to arise for +twenty-eight years from the time of first copyright, under the act, of an +unpublished work; but the dilemma will then present itself to the author +whether he should apply for a renewal term and thus accept the limitations +of the statute, or rely upon the original registration as a protection in +perpetuity up to the time of publication. Possibly before that time this +difficult point may be made clear by supplementary legislation.</p> + +<p class="sidenote"><a name="180a"></a>Indeterminate protection</p> + +<p>The most serious argument against the view that unpublished works may +be protected indeterminately, is founded on the provision of the +Constitution authorizing Congress to grant protection for limited terms, +as to which the view may be upheld that Congress is not here making a +grant, but is offering statutory protection to the inherent right of an +author in an unpublished work.</p> + +<p>In any event the author has clear rights for twenty-eight years from +the date of publication or the date of first performance, whichever the +earlier. In case of publication, it is altogether probable that the +playright or performing right will be construed by the courts to lapse at +the end of the copyright term and renewal thereof of the published work, +and in case a "book of the play" or libretto of an opera is printed for +sale within a theatre in connection with the performance, that will +undoubtedly constitute publication and such copies should be +copyrighted.</p> + +<p class="sidenote"><a name="180b"></a>Printing and performance</p> + +<p>The doctrine that performance is not publication was upheld by the N. +Y. Court of Appeals in Palmer <i>v.</i> DeWitt in 1872, in which the +assignee of the manuscript and playright of Robertson's drama "Play" <a +name="Page_181" id="Page_181"></a><span class="pagenum">[Pg 181]</span>was +granted an injunction against the printing of the drama, although it had +been publicly performed, but not printed, in London. The same doctrine was +applied in the Illinois Supreme Court in 1909 in Frohman <i>v.</i> Ferris. +But publication abroad, by the printing of a drama unless protected under +the international copyright provisions, has been held to forfeit the +common law playright transferred with an unpublished manuscript, by the +decision in Daly <i>v</i>. Walrath in 1899, by Judge Bartlett in the N. Y. +Supreme Court, when an injunction was refused against the performance of +Sudermann's "Die Ehre," translated as "Honor," because the author had +printed the play in Germany despite a contract with the American assignee +to refrain from publication. In the case of Wagner <i>v.</i> Conried in +1903, in the U. S. Circuit Court in New York, Judge Lacombe declined +to enjoin a production of "Parsifal," holding that the publication of a +printed edition by Schotts in Germany had forfeited playright, since the +reservation by Wagner in his contract with Schotts of the acting rights +was not applicable in this country. The printing of a dramatic manuscript +solely for the use of the players is not publication, as was held in +French <i>v</i>. Kreling, in 1894, by Judge Hawley in the U. S. +Circuit Court in California, where Farnie's opera "Falka," of which the +musical score had been published, but the libretto printed only for the +singers, was protected as an unpublished manuscript.</p> + +<p class="sidenote">English confusion<br /> + +<a name="182"></a>Specific English provisions</p> + +<p>The English law as to dramatic and musical copyright and playright and +performing right, has been most confusing if not contradictory, and +authorities differ, as do MacGillivray and Scrutton, in its +interpretation. Whether public performance constitutes publication or +whether they are separable and separate events has been diversely treated +in the laws, by the <a name="Page_182" id="Page_182"></a><span +class="pagenum">[Pg 182]</span>judges and in legal text-books. The +dramatic copyright act of 1833, known as Bulwer-Lytton's act, a clumsy +attempt to clear up earlier uncertainty, provided that the author of "any +tragedy, comedy, play, opera, farce, or any other dramatic piece or +entertainment, composed, and not printed and published," shall have "the +sole liberty of representing in any part of the British Dominions"; "and +the author of any such production, printed and published," shall, "until +the end of twenty-eight years from ... such first publication" or for +life, have "the sole liberty of representing ... as aforesaid." The +general copyright act of 1842 specifically applied this previous act also +to "musical compositions" and enacted "that the sole liberty of +representing or performing ... any dramatic piece or musical composition" +shall "endure ... for the term in this act provided for ... copyright in +books," that is, for forty-two years or life and seven years; and the +provisions of the act as to copyright and registration were extended to +representing or performing, "save and except that the first public +representation or performance of any dramatic piece or musical composition +shall be deemed equivalent in the construction of this act to the first +publication of any book." The "copyright (musical compositions) act" of +1882 added the requirement, that in the case of a musical composition, to +retain the performing right, notice of reservation should be printed on +the title-page of every published copy, and the act further provided that +the proprietor of the performing right, if the owner of the copyright be +another person, may require him to print such notice of reservation, for +neglect of which he shall forfeit twenty pounds.</p> + +<p class="sidenote">Probable effect</p> + +<p>Thus common law rights, it would seem, in an unpublished and +unperformed dramatic or musical <a name="Page_183" id="Page_183"></a><span +class="pagenum">[Pg 183]</span>work were given, pending publication, +statutory protection, apparently in perpetuity, from the date of +composition. Publication of a dramatic or musical composition in printed +form ensured copyright protection as a book for forty-two years or life +and seven years; and performing right was protected for forty-two years +from "the first public representation or performance of any dramatic piece +or musical composition" or life and seven years, whichever the longer.</p> + +<p class="sidenote"><a name="183"></a>Publication prior to performance</p> + +<p>It had been the view of many English authorities that publication in +printed form as a book before the first public performance forfeited +performing rights, which opinion was shared by the Royal Copyright +Commission as voiced in the report of 1878 in the digest of Sir James +Stephen, who said: "The exclusive right of representing or performing a +dramatic piece or musical composition cannot be gained if such dramatic +piece or musical composition has been printed and published as a book +before the first representation thereof." But in the later case of +Chappell <i>v.</i> Boosey in 1882, in respect to John Oxenford's play of +"The bellringer," which had been printed and published previous to +performance, it was held in the Court of Chancery that publication as a +book before performance does not take away performing rights. On musical +compositions, however, the performing right is forfeited on publication in +print unless notice of reservation is printed on the published copies. +There remain the difficult questions whether when publication precedes +performance the statutory protection of the performing right extends +beyond the forty-two years from publication and whether copyright and +playright should be separately registered. It has been the practice of +English dramatists to give a so-called "copyright performance" at a minor +<a name="Page_184" id="Page_184"></a><span class="pagenum">[Pg +184]</span>theatre, in which actors walk and talk through the drama and +the public is invited to pay a shilling at the box office—and +sometimes given half a crown apiece for the purpose; which performance, +though probably not necessary to fulfill any legal requirement, permits +registration of first performance at Stationers' Hall and gives useful +public notice to possible infringers.</p> + +<p class="sidenote">The new British code</p> + +<p>This uncertain and confused situation will be remedied under the new +British measure by the inclusion under "copyright" of the right "to +perform ... to deliver, in public" and the making of the copyright term +the "life of the author and fifty years after his death," which together +afford the simplest and most complete protection of playright as incident +to copyright.</p> + +<p class="sidenote"><a name="184"></a>British international protection</p> + +<p>The international copyright act of 1844 contained the provision "that +neither the author of any book, nor the author or composer of any dramatic +piece or musical composition ... which shall ... be first published out of +her Majesty's dominions, shall have any copyright therein respectively, or +any exclusive right to the public representation or performance thereof, +otherwise than such, if any, as he may become entitled to under this +act,"—a provision inserted probably for advantage in negotiating +reciprocal conventions with other countries. This provision was applied in +1863, in the case of Boucicault <i>v.</i> Delafield, to a British author +whose play had been first printed and published as well as performed in +America. In Boucicault <i>v.</i> Chatterton in 1876, the Chancery Division +held that the prior performance of "The Shaughraun" in New York was +publication and deprived the author of playright in England,—which +again seems incompatible with the doctrine upheld in the later case of +Chappell <i>v.</i> Boosey, above cited. Great Britain <a name="Page_185" +id="Page_185"></a><span class="pagenum">[Pg 185]</span>is the only country +in the International Copyright Union which has declined to accept the +declarative interpretation made in Paris in 1896 of the Berne convention +of 1886, declaring that performance does not constitute publication. Thus +if a dramatic or musical work is first publicly performed outside the +British dominions, the performing right is extinguished therein, unless +protected under the international copyright acts, though first publication +outside the British dominions of a work first publicly performed within +them, may not extinguish the performing right.</p> + +<p class="sidenote">Statutory ambiguity</p> + +<p>The confusion of judicial interpretations, as to the relations between +performance and publication, in international as well as domestic +copyright, was invited by the unfortunate draftsmanship in the copyright +act of 1842, in which the clause making first performance "equivalent in +the construction of this act to the first publication of any book" may be +taken either in a comprehensive sense or merely as defining the +starting-point for performing right as well as for copyright in the +specific sense.</p> + +<p class="sidenote"><a name="185"></a>What is public performance</p> + +<p>The question of what is public performance is of some importance, +especially in Great Britain, where playright is not infringed except by +representation in a place of dramatic entertainment and where it has been +held that any place in which a dramatic piece is publicly performed is for +the time a place of dramatic entertainment. A public performance is +probably one to which the public in general is admitted either by sale of +tickets or by invitation; and this would probably include a performance +given before a society to membership in which the public might be +admitted, although a performance limited to a certain class of the public +might not be construed as a public representation. Where "Our boys" was +performed <a name="Page_186" id="Page_186"></a><span class="pagenum">[Pg +186]</span>at Guy's Hospital, London, by an amateur company, for nurses +and others connected with the hospital specially invited, it was held in +1884, in Duck <i>v.</i> Bates, that though a performance may be public +where the public are present, although no money is taken, yet the +production in question was not a public representation. In this leading +case, important as a precedent for America as well as in England, the +decision was made by Justices Brett, M. R., and Bowen, L. J., Justice Fry +dissenting, and the Master of the Rolls, in an elaborate opinion, +discussed the relations of private and public performance, as a question +of fact: "In order to entitle the author to penalties there must be a +representation which will injure the author's right to money; such, for +instance, as a representation which, although it is not for profit, would +attract persons who are willing to pay money, and would induce them not to +go and see a performance licensed by the author.... The representation +must be other than domestic or private. There must be present a sufficient +part of the public who would go also to a performance licensed by the +author as a commercial transaction.... I wish to say, by way of warning, +that those who go beyond the facts of the present case may incur the +penalties of the statute."</p> + +<p class="sidenote"><a name="186"></a>Manuscript rights</p> + +<p>Common law rights in an unpublished manuscript of an unperformed work, +cover both copyright and playright. In 1894, in Gilbert <i>v.</i> Star, +while the comic opera "His Excellency" was in manuscript and under +rehearsal, Justice Chitty in the Court of Chancery granted an injunction +against a newspaper report of the plot and incidents on the common law +ground that its communication to the newspaper involved a breach of +contract, thus confirming the right of an author to full control of his +manuscript work for copyright as well as playright, upheld in Prince +Albert <a name="Page_187" id="Page_187"></a><span class="pagenum">[Pg +187]</span><i>v.</i> Strange in 1849. But a dramatic author cannot enjoin +a drama, however similar, completed before the publication or performance +of his own work, as was decided in the case of Reichardt <i>v.</i> Sapte, +in 1893, where the author of "The picture dealer" was denied relief +against the closely parallel play "A lucky dog," which was proved to have +been completed in 1890, though not performed until after the writing and +presentation of the author's play in 1892.</p> + +<p class="sidenote">American cases</p> + +<p>The right of control of an unpublished dramatic manuscript under common +law was strengthened in Herne <i>v.</i> Liebler, in 1902, by the decision +of Judge Ingraham in the N. Y. Supreme Court, which upheld the right of +the plaintiff to prevent sub-license of a play beyond the terms of the +contract by a licensee, who had agreed to keep the manuscript unpublished +and use it only under specific limitations. In the case of Maxwell +<i>v.</i> Goodwin, in 1899, where the plaintiff's play of "Congress" had +been rejected by the defendant, who afterward produced a play "Ambition," +also founded on scenes in Washington, Judge Seaman in the U. S. +Circuit Court in Illinois overruled the defendant's contentions that there +was no playright under common law in an unpublished manuscript and that +there was no inherent property right in ideas or creations of the +imagination apart from the manuscript in which they are contained or the +language in which they are clothed; though an injunction was denied on +proof that the defendant had not read the plaintiff's manuscript and that +the actual author of "Ambition" had no knowledge of the plaintiff's +play.</p> + +<p class="sidenote"><a name="187"></a>Unpublished orchestral score</p> + +<p>In 1883, in Thomas <i>v.</i> Lennon, where Gounod's "Redemption," of +which the orchestral score was unpublished, had been rewritten for +orchestra from a <a name="Page_188" id="Page_188"></a><span +class="pagenum">[Pg 188]</span>published non-copyright piano arrangement, +Judge Lowell, in the U. S. Circuit Court in Massachusetts, ruled +against this as an infringement of the unpublished work on common law +grounds—but this decision has not been considered good law.</p> + +<p class="sidenote"><a name="188a"></a>Dramatic work by employee</p> + +<p>Copyright in dramatic work can be obtained, as in the case of +encyclopædic and like works, by the employment for hire of a dramatic +author, as was fully established in the case of Mallory <i>v.</i> Mackaye +in 1898, by Judge Wheeler in the U. S. Circuit Court in New York, +where Mackaye had contracted for a salary of $5000, that all inventions +and plays by him within the ten years of the contract should belong to +Mallory, and was restricted accordingly from the independent production of +"Hazel Kirke."</p> + +<p class="sidenote"><a name="188b"></a>Copyright term</p> + +<p>The duration of copyright in dramatic and musical compositions is the +same as for books, in the United States (twenty-eight years with renewal +for twenty-eight years more), in Great Britain (under the new code life +and fifty years), in Australia (forty-two years or life and seven years, +as hitherto in Great Britain), and in Canada and Newfoundland +(twenty-eight years with renewal for fourteen years more),—as also +in most other countries, the new term for those in the International +Copyright Union which have accepted the convention of Berlin, being life +and fifty years. But in the case of a "dramatico-musical" work, where the +libretto and the music are by different authors, the respective terms may +end at different dates, as was held in 1905, and upheld in 1909, by the +German courts as to the opera "Carmen" under the Franco-German convention +limiting copyright to thirty years after death. Bizet, author of the +music, had died in 1875, but one of the three librettists was still +living, on which facts the court held that the musical score, but not the +libretto, was free from <a name="Page_189" id="Page_189"></a><span +class="pagenum">[Pg 189]</span>copyright. Under the new British and +Canadian measures, which include the unusual provision that the copyright +term in a work of joint authorship shall be determined by the first +instead of the last death, the result would be to the contrary effect.</p> + +<p class="sidenote"><a name="189a"></a>Registration</p> + +<p>Registration in the United States, as also in Canada and Newfoundland, +through the deposit of copies, is entirely the same for a dramatic or +musical composition as for a book. Registration in England of a dramatic +or musical composition under the act of 1842 (sec. 20) was to be made at +Stationers' Hall, as in the case of a book, by recording in statutory form +the title, the time and place of first publication, or for performing +right, of first public performance, and the name and abode of author and +of proprietor. But the same law (sec. 24) provided that protection of +performing right in a dramatic piece should not be dependent upon entry in +the registry and, by including in the definition of a dramatic piece (sec. +2) a "musical entertainment," evidently included musical compositions in +this exemption, and thus made registration optional. This view was upheld +in 1848 in Russell <i>v.</i> Smith, when the song "The ship on fire" was +protected as a "dramatic piece," though it had not been registered. The +new British measure omits all requirements for registration of any works. +Registration of any copyright, performing right or assignment is required +in Australia as a prerequisite for legal action.</p> + +<p class="sidenote"><a name="189b"></a>Assignment</p> + +<p>Assignment or grant of a dramatic or musical composition, as of a book, +may be made (sec. 42) by an instrument in writing, acknowledged, if in a +foreign country, (sec. 43) before a consular or diplomatic officer, and +must be recorded (sec. 44) in the Copyright Office within three months, or +if made in a foreign country, six months, in default of which it is <a +name="Page_190" id="Page_190"></a><span class="pagenum">[Pg +190]</span>void as against any subsequent purchaser. Assignment in Great +Britain must be in writing, and previous to the new code with entry at +Stationers' Hall, in the case of performing right as well as of copyright. +It should be noted that playright does not pass with copyright <i>ipso +facto</i>, though the new code as adopted by the House of Commons has no +specific provision on this point. But it is most desirable that in any +transfer of copyright or playright the exact nature of the right +transferred should be defined in the writing. A partial assignment, or +license, of performing right as well as of copyright may be made, and will +be protected by the courts. The right to grant a specific license, and to +enforce its limitations, was upheld in 1892 in Duck <i>v.</i> Mayen, in an +English court by Justice Day, who held that where the defendant had +obtained license at the price of one guinea to play "Our boys" for charity +at a music hall, but performed it elsewhere, though for the same charity, +the usual royalty of five guineas must be paid. Assignment in Canada and +Newfoundland must be in writing in duplicate copies, of which one must be +deposited in the office of copyright.</p> + +<p class="sidenote"><a name="190"></a>Parody</p> + +<p>The general principles as to infringement and fair use, treated fully +in another chapter, apply to dramatic and musical compositions, as already +illustrated above, but some special applications may here be noted. That a +parody or burlesque may not be an infringement, though including some +quotations from the work parodied, was decided in 1903, in Bloom <i>v.</i> +Nixon,—where Fay Templeton had given a parody or imitation of +another actress's singing of "Sammy" in the "Wizard of Oz,"—in the +U. S. Circuit Court in Pennsylvania by Judge McPherson, who held that +as this was essentially an imitation of personality, it was not an +infringement of copyright: "Surely a parody <a name="Page_191" +id="Page_191"></a><span class="pagenum">[Pg 191]</span>would not infringe +the copyright of the work parodied merely because a few lines of the +original might be textually reproduced." The judge added: "No doubt the +good faith of such mimicry is an essential element; a mere attempt to +evade the owners' copyright ... would properly be prohibited" as "doing in +a roundabout way what could not be done directly."</p> + +<p class="sidenote"><a name="191a"></a>Infringement by single +situation</p> + +<p>There may be infringement of dramatic copyright in the use of a single +scene or situation, as already set forth with respect to novels, provided +this is of dramatic character. In 1892, in Daly <i>v.</i> Webster, the +U. S. Circuit Court of Appeals, through Judge Lacombe, held that the +railroad rescue scene in Brady's "After dark" infringed the copyright of +Daly's "Under the gaslight," which contained the similar situation of the +rescue of a person on a railroad track before an approaching train. Though +there was little dialogue in this scene, the court held that while +mechanical appliances are not entitled to copyright, a series of events +dramatically represented are copyrightable. In the subsequent suit for +damages, Daly <i>v.</i> Brady, the U. S. Supreme Court in 1899, +through Justice Peckham, upheld this decision, and held also that such a +situation constituted an integral part of the copyrighted drama and should +therefore be protected against infringement. That there may be +infringement of a dramatic composition without the use of scenery or +costumes was incidentally decided in Russell <i>v.</i> Smith, where the +song "The ship on fire," sung dramatically without these accessories, was +protected as a dramatic piece.</p> + +<p class="sidenote"><a name="191b"></a>Protection of title</p> + +<p>While the title of a dramatic or musical composition, like that of a +book, cannot be copyrighted as such, the courts seem disposed to emphasize +the title as an integral part of a play, perhaps more than in the case of +a book because the advertising of another play of <a name="Page_192" +id="Page_192"></a><span class="pagenum">[Pg 192]</span>like name, +especially in the case of one of long run and wide popularity, may mislead +the public and involve unfair competition. This protection was upheld as a +matter of common law in Aronson <i>v.</i> Fleckenstein in 1886, by Judge +Blodgett in the U. S. Circuit Court in Illinois, when the use of the +title "Erminie" was held to be unlawful, though the operetta originally +designated by the title had not been copyrighted. But in Glaser <i>v.</i> +St. Elmo Co. in 1909, the U. S. Circuit Court denied relief where the +title of Miss Evans's novel, then out of copyright, was used for a second +and unauthorized dramatization. There may be danger to copyright or +playright when a work is published or performed under a title differing +from that under which it is copyrighted; but the change of a descriptive +sub-title has been held to be immaterial. In the case of Daly's play +"Under the gaslight," which in the copyright entry bore the sub-title "A +romantic panorama of the streets and homes of New York," but in printed +form the changed sub-title "A totally original picturesque drama of life +and love in these times," the defendants in Daly <i>v.</i> Webster alleged +that this change made the copyright invalid, which contention was +negatived by the U. S. Circuit Court of Appeals, which held in 1892 +that the sub-title was merely descriptive and not an essential part of the +title—a principle later applied by Judge Lacombe in Patterson +<i>v.</i> Ogilvie, in 1902.</p> + +<p class="sidenote"><a name="192"></a>Names of characters</p> + +<p>In the case of Frohman <i>v.</i> Weber in 1903, in the N. Y. Supreme +Court, where the proprietor of the play entitled "Sherlock Holmes" sought +to enjoin another play "The sign of the four," in which the name Sherlock +Holmes designated the leading character, Judge Clarke held that this did +not constitute unfair competition and denied a preliminary injunction.</p> + +<p class="sidenote"><a name="193"></a>Persons liable for infringement<br /> + +Principal in control</p> + +<p>The question of the person liable for the infringement, <a +name="Page_193" id="Page_193"></a><span class="pagenum">[Pg +193]</span>especially of playright, is one of some difficulty. In general, +while any one participating in a piratical performance, as an actor, is +technically guilty of infringement, it is usually the person or persons +responsible for and profiting by the performance who should be sued. The +question of responsibility is one of fact, and the early English decisions +seem confused and even contradictory. The person who has the initiative +and control of a performance, particularly if he is directly the employer +of the performers and has authority to discharge them, may be, <i>par +excellence</i>, the infringer even if he does not know that the +performance is piratical. In 1886, in Monaghan <i>v.</i> Taylor, the +defendant was held liable for infringement because a singer employed in +his music hall sang a copyright song, though the defendant did not choose +or pass upon the number. Thereafter in the "copyright (musical +composition) act" of 1888, it was provided that "the proprietor, tenant or +occupier of any place of dramatic entertainment" shall not be liable, +"unless he shall willfully cause or permit" a performance, "knowing it to +be unauthorized." The courts seem disposed to acquit a mere agent of +responsibility. In 1893, in French <i>v.</i> Day, Gregory, <i>et al.</i>, +it was held by Justice Kennedy as to a performance of "The miner's wife" +asserted to be an infringement of "Lost in London," that the proprietor of +the theatre, Day, "who merely used Gregory," the manager, "as his +mouthpiece," was the responsible defendant. The new British code holds +liable any person who for profit permits a place of entertainment to be +used for an infringing performance unless he were not aware and had no +reasonable grounds for suspecting it to be an infringement.</p> + +<p class="sidenote"><a name="194a"></a>Protection against "fly by night" +companies<br /> + +<a name="194b"></a>State legislation</p> + +<p>In the prevention or punishment of unauthorized performances by +irresponsible private companies, the <a name="Page_194" +id="Page_194"></a><span class="pagenum">[Pg 194]</span>chief obstacle in +the United States was the difficulty of reaching the "fly by night" +companies, as they were called, as they flitted from state to state, and +from one court jurisdiction to another. To remedy this difficulty, an +important protection of the performing right in dramatic works was assured +by the act of January 6, 1897, obtained largely through the efforts of +Bronson Howard, as president of the American Dramatists Club. This act +provided penalty of $100 for the first and $50 for each subsequent +unlawful performance, and imprisonment for not exceeding one year, when +such unlawful performance was willful and for profit; and also that an +injunction issued in any one circuit might be enforced by any other +circuit in the United States. This was in consonance with successful +efforts to obtain the passage of state laws to protect dramatic and +musical works, aside from the federal copyright law, obtained by the +Dramatists Club between 1895 and 1905 in the states of New Hampshire, New +York, Louisiana, Oregon, Pennsylvania, Ohio, New Jersey, Massachusetts, +Minnesota, California, Wisconsin, Connecticut, and Michigan. These varied +in form in the several states, though of the same general purport. The New +York statute, for instance, adds to the penal code a new section as +follows: "Sec. 729. Any person who causes to be publicly performed or +represented for profit any unpublished, undedicated or copyrighted +dramatic composition, or musical composition known as an opera, without +the consent of its owner or proprietor, or who, knowing that such dramatic +or musical composition is unpublished, undedicated or copyrighted and +without the consent of its owner, or proprietor, permits, aids or takes +part in such a performance or representation shall be guilty of a +misdemeanor." The texts in all the states are given in full in Copyright +<a name="Page_195" id="Page_195"></a><span class="pagenum">[Pg +195]</span>Office Bulletin No. 3, 1906, "Copyright enactments of the +United States," pages 105-115.</p> + +<p class="sidenote"><a name="195a"></a>Remedies under present law</p> + +<p>The American code of 1909 enacts (sec. 28) that "any person who +willfully and for profit shall infringe any copyright ... or who shall +knowingly and willfully aid or abet such infringement, shall be deemed +guilty of a misdemeanor," punishable by "imprisonment for not exceeding +one year or by a fine of not less than one hundred dollars nor more than +one thousand dollars, or both, in the discretion of the court"; and +provides (sec. 25, fourth) damages "in the case of dramatic or +dramatico-musical or a choral or orchestral composition, one hundred +dollars for the first and fifty dollars for every subsequent infringing +performance; in the case of other musical compositions, ten dollars for +every infringing performance"; and also provides (sec. 36) for injunction +operative throughout the United States.</p> + +<p class="sidenote"><a name="195b"></a>Musical protection in England<br /> + +<a name="196"></a>Acts of 1902-1906</p> + +<p>In England the protection of musical properties under the acts of +1833-42 and 1882-88, had become so difficult that English music publishers +threatened to cease printing new original works because of the freedom +with which they could be pirated. Under the provisions of 1833, as +reënacted in 1842, every infringing performance of a musical composition, +as of a dramatic piece, involved liability to "an amount not less than +forty shillings or the full amount of the benefit or advantage arising +from such representation, or the injury or loss sustained by the plaintiff +therefrom, whichever may be the greater damage," in addition to costs. The +"copyright (musical compositions) act" of 1882 (45 & 46 Victoria, c. +40) had required that the right of public performance should be reserved +by printed notice on each published copy and provided for a penalty of +twenty pounds where the proprietor of the publishing copyright neglected, +after requirement <a name="Page_196" id="Page_196"></a><span +class="pagenum">[Pg 196]</span>from the owner of the performing right, to +print such notice. The "copyright (musical compositions) act" of 1888 (51 +& 52 Victoria, c. 17) provided that the penalty or damages for every +unauthorized performance of any musical composition shall, in the +discretion of the court, be "reasonable" and may be less than forty +shillings for each such performance, or nominal, and that the proprietor, +tenant or occupier should not be liable unless "willfully" causing or +permitting such unauthorized performance, "knowing it to be +unauthorized,"—but the act specifically excepted "any opera or stage +play" from its provisions. The protest of the musical composers and +publishers led to the passage of the "musical (summary proceedings +copyright) act" of 1902, which authorized a constable to seize without +warrant pirated copies hawked or otherwise offered for sale, on the +written request and at the risk of the copyright owner or by direction of +the court, and provided for their forfeiture and destruction or delivery +to the owner on the decision of the court. A Musical Copyright Committee, +for the consideration of these vexed questions, was appointed by the Home +Office and made a report in 1904; and a further "musical copyright act" of +1906 continued the provisions stated and provided also for the seizure of +plates as well as copies of pirated musical compositions and for the +summary punishment of the offender by fine not exceeding five pounds and, +for a repeated offense, by fine not exceeding ten pounds or imprisonment +not exceeding two months, possession being proof of fraudulent intent +unless the copies bore the name of a printer or publisher. Both these acts +were applicable only within the United Kingdom. These provisions, in +addition to those for injunction and adequate costs, have bettered the +condition of musical properties in England, and <a name="Page_197" +id="Page_197"></a><span class="pagenum">[Pg 197]</span>they remain +unrepealed, except as to requirement of registration, under the new +British code as adopted by the House of Commons.</p> + +<p class="sidenote"><a name="197a"></a>Playright in other countries</p> + +<p>In most countries playright in the case of dramatic or musical works is +specifically covered in the copyright statutes or protected in connection +with copyright, although in Austria, Russia, Denmark and Norway, in the +case of music, special notice of reservation is required, while in +Australia special reservation of the performing right must be made on +publication in print of drama or music.</p> + +<p class="sidenote"><a name="197b"></a>International provisions</p> + +<p>In general, performance is differentiated from publication, and while +in some countries, as above indicated, publication in printed form, +especially of a musical work, may waive the exclusive right of +performance, performance is generally held not to constitute publication. +This view is expressly set forth in the interpretation made at Paris, +1896, of the Berne convention of 1886, whereby section 2 of the +interpretative declaration defines "published works" as "works actually +issued to the public." "Consequently, the representation of a dramatic or +dramatico-musical work, the performance of a musical work ... do not +constitute publication." The Berlin convention of 1908 repeats the same +language in article 4, prefacing it with the definition that "by published +works ('<i>œuvres publiées</i>') must be understood, according to +the present convention, works which have been issued ('<i>œuvres +éditées</i>')"—the English text here given being the official +translation of the U. S. Copyright Office.</p> + +<p class="sidenote"><a name="197c"></a>Foreign protection of +arrangements</p> + +<p>In most foreign countries which include musical compositions under +subjects of copyright either as covered under "literary and artistic +works" or by specific mention, the general principles as to arrangements +and adaptations hold in such countries. Several <a name="Page_198" +id="Page_198"></a><span class="pagenum">[Pg 198]</span>countries, as +Belgium, specify however "the exclusive right of making arrangements on +motives of the original composition," Brazil, Luxemburg, Mexico, Nicaragua +and Tunis following this precedent in nearly identical language. Germany +specifically protects the "sole right of making extracts from musical +works and arranging for orchestra or in parts." Spain specifies among its +prohibitions "the total or partial publication of melodies, with or +without accompaniment, transposed or arranged for other instruments or +with different words." Hungary specifies that "every arrangement of a +musical work, published without the consent of the author, which cannot be +considered as a composition in itself," is an infringement. Where, +however, the author of a work permits or licenses an adaptation or +arrangement, or an original adaptation or arrangement is made from a work +in the public domain, that is properly a separate subject of copyright, as +is specified in the statutes of Colombia, to the effect that "variations, +etc., on a theme or air which is public property, constitutes property. +Transpositions are similar to translations of literary subjects."</p> + +<p class="sidenote"><a name="198"></a>International definitions</p> + +<p>Dramatic and musical works were specifically included under the +protection of the International Copyright Convention of Berne, 1886, by +the definition in article IV of "literary and artistic works" as including +"dramatic or dramatico-musical works; musical compositions with or without +words." In the Berlin convention, 1908, the same general term was defined +in article 2 as including "dramatic or dramatico-musical works; +choregraphic works and pantomimes, the stage directions ('<i>mise en +scène</i>') of which are fixed in writing or otherwise; musical +compositions with or without words." "Adaptations, arrangements of music, +etc., are specially included," <a name="Page_199" id="Page_199"></a><span +class="pagenum">[Pg 199]</span>in the phraseology of article X of the +convention of 1886, "amongst the illicit reproductions to which the +present convention applies, when they are only the reproduction of a +particular work, in the same form, or in another form, with non-essential +alterations, or abridgments, so made as not to confer the character of a +new original work"; and practically the same language is repeated in +article 12 of the convention of 1908. On the other hand, "adaptations, +arrangements of music," etc., are protected as original works without +prejudice to the rights of the author of the original work, in article 2 +of the convention of 1908.</p> + +<p>The German law of 1901 permits, however, extract from or other use of +musical compositions in adaptations or arrangement under specified +circumstances, as for family, social or other gratuitous performance, +under the limitations of the law, which exception seems to be permitted +also under the law of 1910.</p> + +<p class="sidenote"><a name="199"></a>National formalities</p> + +<p>Throughout the countries of the International Copyright Union, first +publication in any of these countries and compliance with its formalities +entitle the author to playright as well as copyright in all the other +countries within the Union, with some exceptions to be noted. Thus in +Switzerland the conditions of performance must be given at the head of the +printed play; and the law stipulates that the author may not require as +royalty more than two per cent of the gross profits, and a performance at +which the admission fee is reckoned to cover only cost of production or a +performance for charitable purposes, is not considered an infringement of +playright. In Italy a play performed, but not printed and published, must +be submitted in manuscript for inspection within three months of first +performance, together with a declaration reserving the playright; a +printed book or play should be deposited with accompanying <a +name="Page_200" id="Page_200"></a><span class="pagenum">[Pg +200]</span>notice of reservation within three months, or the proprietor +cannot obtain damages until such deposit, and failure to deposit within +ten years abandons copyright protection. Italian proprietors of music +sometimes refrain from printing and publishing music, with the intent of +maintaining copyright and playright indefinitely.</p> + +<p class="sidenote"><a name="200"></a>Specific reservations or +conditions</p> + +<p>In Luxemburg and Sweden, reservation of playright must be stated on +printed copies, as is also the case as to music in these countries and in +the other countries elsewhere cited. In Sweden, the term for playright is +less than for copyright in the printed work, being for life and thirty +years only. In Sweden and Norway, the author protecting his rights by +first publication in these countries, must be a citizen of one of the +countries within the International Copyright Union or must acquire rights +through a publisher therein; though in the other countries of the Union, +this question of nationality is immaterial. In Norway and Denmark, there +must be reservation of right of recitation, but in Norway this lapses in +any event at the end of three years, provided the recitation does not take +the shape of a dramatic performance. In Holland and the Dutch Indies, +reservation of playright must be given, and printing within the country +has hitherto been required to protect a published work. In Hungary, the +author of a play must give his name on the title-page or in the +announcement of the play, and protection is extended to foreigners who +have been for two years rate-payers and residents in Hungary, as well as +those whose countries have reciprocal relations. In Finland, the author's +name and reservation of playright must be given on the printed copy, and +protection is extended to foreigners on condition of residence and +publication in Finland.</p> + +<p><a name="Page_201" id="Page_201"></a><span class="pagenum">[Pg +201]</span> Most of the smaller European countries and many South American +countries, including playright under copyright, base protection on +reciprocal protection of their citizens in other countries, while +protection of performing rights in Brazil requires notice on printed plays +of the reservation of royalty for performance. In many oriental countries, +as Egypt, China, etc., protection is afforded to some extent in the +consular courts.</p> + +<p class="sidenote"><a name="201"></a>Pan American Union</p> + +<p>In the Pan American Union, the Buenos Aires convention of 1910 +specifically includes dramatic and musical works as literary works, +without special provisions.</p> + +<p><a name="Page_202" id="Page_202"></a><span class="pagenum">[Pg +202]</span></p> + +<h3 class="p4">XII</h3> + +<h4>MECHANICAL MUSIC PROVISIONS</h4> + +<p class="p2 sidenote"><a name="202a"></a>"Canned music" contest</p> + +<p>As the international copyright provision with the manufacturing clause +was the central feature of the copyright campaign culminating in the law +of 1891, so the provision for the control of mechanical music with the +compulsory license clause was the central feature of the contest +culminating in the act of 1909. This came to be known as the "canned +music" fight, and arguments pro and con consumed the greater part of the +hearings before the Committees on Patents. The solution finally reached +was in the provisos added to the musical subsection (e) of section 1 of +the bill, which in full is as follows:</p> + +<p class="sidenote"><a name="202b"></a>Mechanical music provisos<br /> + +<a name="203a"></a>Compulsory license</p> + +<p>"(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 set forth in subsection (a) hereof, to make 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: <i>Provided</i>, +That the provisions of this Act, so far as they secure copyright +controlling the parts of instruments serving to reproduce mechanically the +musical work, shall include only compositions published 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 or composer is a citizen or subject grants, either by treaty, +convention, agreement, or law, to citizens of the United States similar +rights: <i>And</i> <a name="Page_203" id="Page_203"></a><span +class="pagenum">[Pg 203]</span><i>provided further, and as a condition of +extending the copyright control to such mechanical reproductions</i>, That +whenever the owner of a 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 copyright 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 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 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: <i>And provided further</i>, That it shall be the duty of the +copyright owner, if he uses the musical composition himself for the +manufacture of parts of instruments serving 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, action, or +proceeding for any infringement of such copyright.</p> + +<p class="sidenote"><a name="203b"></a>Damages</p> + +<p>"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 date of such demand the court may award +taxable costs to the plaintiff and a reasonable <a name="Page_204" +id="Page_204"></a><span class="pagenum">[Pg 204]</span>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 exceeding three times such amount.</p> + +<p class="sidenote"><a name="204a"></a>Public performance</p> + +<p>"The reproduction or rendition of a musical composition by or upon +coin-operated machines shall not be deemed a public performance for profit +unless a fee is charged for admission to the place where such reproduction +or rendition occurs."</p> + +<p>This provision, though somewhat involved in form, tells its own story, +and there has thus far been no occasion for judicial construction.</p> + +<p class="sidenote"><a name="204b"></a>The compromise result</p> + +<p>In the series of discussions before the Committees, the friends of +copyright argued for the exclusive and unrestricted right of the musical +composer to control absolutely the mechanical reproductions of his work, +while the representatives of "canned music" argued at first that +mechanical reproduction should be permitted without reference to +copyright, and later that there should be entire liberty to make +reproductions of a musical work on the sole condition of a specified +payment to the copyright proprietor. The provision as actually adopted was +a compromise upholding the negative right of the author to prevent +mechanical reproduction, but requiring him, in the event of a grant of +authority to any one manufacturer to reproduce his work mechanically, to +extend that privilege to any other manufacturer on payment of the +specified royalty. This scheme is practically modeled on what was known as +the Pearsall-Smith royalty plan, which, as proposed for books, was stoutly +fought by the proponents of the copyright act of 1891, throughout that +memorable copyright campaign.</p> + +<p class="sidenote"><a name="205"></a>Judicial construction</p> + +<p>In the case of the White-Smith Music Pub. Co. <i>v.</i> Apollo Co., in +which the Æolian Co. was supposed <a name="Page_205" +id="Page_205"></a><span class="pagenum">[Pg 205]</span>to be the real +complainant, the representatives of the musical author were, in 1906, +denied protection against the mechanical music rolls made by the +defendant, by the Circuit Court of Appeals, where the judges considered +themselves "constrained" by the necessity of strict construction to decide +that "a perforated roll is not a copy in fact of complainant's staff +notation," while saying "that the rights sought to be protected belong to +the same class as those covered by the specific provisions of the +copyright statutes." It was presumed by many during the copyright campaign +that the Supreme Court would make a broad construction of the statute, but +that court held, February 24, 1908, in an opinion written by Justice Day, +that the considerations adduced "properly address themselves to the +legislative and not to the judicial branch of the Government" and that "as +the act of Congress now stands, we believe it does not include these +records as copies or publications of the copyright music involved in these +cases." Justice Holmes, while not dissenting, added a memorandum to the +effect that "the result is to give to copyright less scope than its +rational significance and the ground on which it is granted seems to me to +demand.... On principle, anything that mechanically reproduces that +collocation of sounds ought to be held a copy, or if the statute is too +narrow, ought to be made so by a further act, except so far as some +extraneous consideration of policy may oppose." While the judges thus felt +"constrained" to deny relief, their strong language in defense of +copyright control doubtless had its effect upon the legislative +authorities in the framing and the passage of the new code.</p> + +<p>This decision was confirmatory of an earlier decision, in Stern +<i>v.</i> Rosey in 1901, of Judge Shepard in the Court of Appeals in the +District of Columbia, <a name="Page_206" id="Page_206"></a><span +class="pagenum">[Pg 206]</span>that the mechanical reproduction of two +copyrighted songs could not be prevented under the existing law.</p> + +<p class="sidenote"><a name="206a"></a>Punishment of infringement</p> + +<p>Specific and elaborate provision is made for the punishment of +infringers under the mechanical music proviso (sec. 1, e) by sec. 25, +e:</p> + +<p class="sidenote"><a name="206b"></a>Notice to proprietor of intention +to use</p> + +<p>"Whenever the owner of a musical copyright has used or permitted the +use of the copyrighted work upon the parts of musical instruments serving +to reproduce mechanically the musical work, then in case of infringement +of such copyright by the unauthorized manufacture, use, or sale of +interchangeable parts, such as disks, rolls, bands, or cylinders for use +in mechanical music-producing machines adapted to reproduce the +copyrighted music, no criminal action shall be brought, but in a civil +action an injunction may be granted upon such terms as the court may +impose, and the plaintiff shall be entitled to recover in lieu of profits +and damages a royalty as provided in section one, subsection (e), of this +Act: <i>Provided also</i>, That whenever any person, in the absence of a +license agreement, intends to use a copyrighted musical composition upon +the parts of instruments serving to reproduce mechanically the musical +work, relying upon the compulsory license provision of this Act, he shall +serve notice of such intention, by registered mail, upon the copyright +proprietor at his last address disclosed by the records of the copyright +office, sending to the copyright office a duplicate of such notice; and in +case of his failure so to do the court may, in its discretion, in addition +to sums hereinabove mentioned, award the complainant a further sum, not to +exceed three times the amount provided by section one, subsection (e), by +way of damages, and not as a penalty, and also a temporary injunction +until the full award is paid." </p> + +<p class="sidenote">Copyright Office form and fees</p> + +<p><a name="Page_207" id="Page_207"></a><span class="pagenum">[Pg +207]</span>The Copyright Office provides a special form (U) on a blue card +for registration of "notice of use on mechanical instruments," in which +the copyright owner of a musical composition gives notice that he "has +used or has licensed the use of said composition for the manufacture of +parts of instruments serving to reproduce mechanically such musical work." +The recording fee for such notice, as fixed by the statute (sec. 61), is +twenty-five cents for the first fifty words and twenty-five cents +additional for each additional hundred words.</p> + +<p>For recording and certifying the license referred to (sec. 1, e) the +statute provides (sec. 61) for a fee of one dollar for not over three +hundred words, two dollars if not over one thousand words and one dollar +for each additional one thousand words or fraction thereof over three +hundred words.</p> + +<p class="sidenote"><a name="207"></a>The constitutional question</p> + +<p>The actual fixing of a specified price, as that of two cents or a +halfpenny on each reproduction, is a feature quite new in law, American or +English, and involves a serious constitutional question. Congress has +granted to the Interstate Commerce Commission, and state legislatures to +specified authorities, as public service commissions, power to regulate +prices; and the U. S. Supreme Court, in 1909, confirming the N. Y. +Court of Appeals in the Consolidated Gas Co. cases, upheld the application +of the sovereign power of the state to limit the price of gas to 80 cents +per 1000 cubic feet, as sold by a corporation enjoying a public franchise. +In this compulsory license provision of the copyright code, Congress has +gone further in two directions: it has fixed a royalty price, not by +definition or limitation of a "reasonable" price, but absolutely, and it +has applied this provision not to a corporation enjoying franchise +privileges, but to the individual owner of property created by his own +labor. </p> + +<p class="sidenote"> <a name="208"></a>English law</p> + +<p><a name="Page_208" id="Page_208"></a><span class="pagenum">[Pg +208]</span>The English laws had not mentioned mechanical reproduction up +to the musical copyright act of 1906, which in section 3 expressly +provided that "'pirated copies' and 'plates' shall not, for the purposes +of this Act, be deemed to include perforated music rolls used for playing +mechanical instruments, or records used for the reproduction of sound +waves, or the matrices or other appliances by which such rolls or records +respectively are made." The test case meanwhile on this question was that +of Boosey v. Whight, which was finally decided in the Court of Appeal in +1900, with respect to the use of copyrighted songs on the perforated rolls +of the Æolian. Justice Sterling in the lower court had decided that the +perforations were not an infringement of the copyright but that the +marginal directions for playing might be such; Justice Lindley, M. R., +held with him that the perforated roll was not a "copy" of the sheet +music, but overruled him on the second point, holding that the directions, +though copied from the printed page, were neither music nor a literary +composition.</p> + +<p class="sidenote">The new British code</p> + +<p>The new British measure as prepared in 1910 included as incident to +copyright the sole right "in the case of a literary, dramatic or musical +work, to make any record, perforated roll, cinematograph film, or other +contrivance by means of which the work may be mechanically performed or +delivered," thus in the simplest fashion completely covering the control +of mechanical reproduction in conformity with the convention of Berlin. +But in the Parliament of 1911 the bill emerged from committee stage with +an elaborate proviso, based on the American precedent, excepting from the +definition of infringement contrivances for the mechanical reproduction of +sounds on (1) proof that the copyright owner has previously acquiesced in +mechanical reproduction, (2) prescribed notice of <a name="Page_209" +id="Page_209"></a><span class="pagenum">[Pg 209]</span>intention, and (3) +payment of royalty of 2-1/2 or 5 per cent with a minimum of a halfpenny +for each record, or in the case of different works on the same record, to +each copyright proprietor.</p> + +<p class="sidenote"><a name="209a"></a>The Berne situation, 1886</p> + +<p>When the international representatives met at Berne in 1886, the +mechanical reproduction of music was confined chiefly if not wholly to +Swiss music-boxes and orchestrions and to hand-organs, of comparatively +little commercial importance; and, possibly with some thought of the +recognition of the hospitality of Switzerland, little emphasis was placed +on the protection of musical composers against mechanical reproduction of +their works. In fact, the final protocol of the Berne Convention of 1886 +contained, as clause 3, the following paragraph: "It is understood that +the manufacture and sale of instruments for the mechanical reproduction of +musical airs which are copyright, shall not be considered as constituting +an infringement of musical copyright."</p> + +<p class="sidenote"><a name="209b"></a>Lack of action at Paris, 1896</p> + +<p>Despite strong representations at the congresses of the International +Association for the protection of literary property, held at London in +1890, Neufchâtel in 1891, and Milan in 1892, and a vigorous endeavor in +connection with the Paris convention of 1896 to replace this clause, it +was not modified until the convention of Berlin in 1908, in preparation +for which a strong resolution was passed at the congress of the +International Association at Vevey in 1901.</p> + +<p class="sidenote"><a name="209c"></a>The Berlin provision, 1908</p> + +<p>With the increasing development of the phonograph and of the mechanical +player, mechanical reproductions became so important a matter to musical +composers and publishers, that much of the discussion in respect to the +amendatory convention of Berlin of 1908 was upon this subject. In the +amended convention, the subject was fully covered by article 13:</p> + +<p>"Authors of musical works have the exclusive right <a name="Page_210" +id="Page_210"></a><span class="pagenum">[Pg 210]</span>to authorize: (1) +the adaptation of these works to instruments serving to reproduce them +mechanically; (2) the public performance of the same works by means of +these instruments.</p> + +<p>"The limitations and conditions relative to the application of this +article shall be determined by the domestic legislation of each country in +its own case; but all limitations and conditions of this nature shall have +an effect strictly limited to the country which shall have adopted +them.</p> + +<p>"The provisions of paragraph 1 have no retroactive effect, and +therefore are not applicable in a country of the Union to works which, in +that country, shall have been lawfully adapted to mechanical instruments +before the going into force of the present Convention.</p> + +<p>"The adaptations made by virtue of paragraphs 2 and 3 of this article +and imported without the authorization of the parties interested into a +country where they are not lawful, may be seized there."</p> + +<p class="sidenote"><a name="210"></a>German precedents</p> + +<p>In Germany, under the general copyright law of 1870, the higher courts +gave to musical composers control over mechanical reproductions from +which, as the industry grew, the authors or publishers obtained some +little return. But succeeding the adoption of the permissive clause in the +Berne convention of 1886, it was proposed in the new copyright law to free +mechanical reproductions from the control of the composer. A protest was +at once made by musical authors and publishers, which resulted in a +modification of the form proposed by the government and the addition of a +clause giving control where the reproduction involved personal +interpretation. In this form the "unfortunate section 22" became part of +the law of 1901 relating to copyright in literary and musical works. +Section 22 was in the following language: </p> + +<p><a name="Page_211" id="Page_211"></a><span class="pagenum">[Pg 211]</span> +"Reproduction is permitted when a musical composition is, after +publication, transferred to such discs, plates, cylinders, bands and +similar parts of instruments for the mechanical rendering of pieces of +music. This provision is applicable also to interchangeable parts, +provided that they are not applied to instruments by which the work can, +as regards strength and duration of tone and tempo, be rendered in a +manner resembling a personal performance."</p> + +<p class="sidenote"><a name="211"></a>Law of 1910</p> + +<p>This had the extraordinary and contradictory effect of giving the +author control over the finer reproductions of his works but denying to +him any control over the cruder reproductions, as on hand-organs, +orchestrions, etc. The opposition which developed against this impossible +situation was largely influential in bringing about the modification at +Berlin in 1908 of the Berne clause. The law of May 22, 1910, amended the +previous general laws in conformity with the Berlin convention, especially +by extending protection to the mechanical reproduction of music and +cinematograph reproduction of artistic works. Section 22 of the law of +1901 was specifically replaced by an elaborate section, modeled on the +American compulsory license provision and requiring a composer who +permitted mechanical reproduction to grant similar rights on equal terms +to any other manufacturers domiciled in Germany, with provisions for +reciprocity and for the treatment of non-German composers through the +tribunals of Leipzig. This law became effective coördinately with the +Berlin convention on September 9, 1910, and in connection with it an +ordinance promulgated by the Emperor July 12, 1910, defined the time +during which mechanical reproductions already made of copyrighted works +should still be permitted. The use of extracts from musical as from other +works, as perhaps in <i>potpourris</i>, <a name="Page_212" +id="Page_212"></a><span class="pagenum">[Pg 212]</span>seems however still +to be permitted as a result of the law of 1901.</p> + +<p class="sidenote"><a name="212a"></a>Germany and the United States</p> + +<p>As a result of the reciprocal provisions of the new German law, the +President of the United States on December 8, 1910, proclaimed reciprocal +relations between Germany and the United States with reference to +mechanical reproductions of music. In the opinion of May 6, 1911, approved +by the Attorney-General, a Presidential proclamation is required to +determine "the existence of reciprocal conditions" as to the mechanical +music provision (sec. 1, e) as in respect to sec. 8; but as the +proclamation of December 8 did not recite that reciprocal conditions +existed between September 9 and December 8, 1910, it is held that "it +would not afford evidence sufficient to sustain an action for infringement +between said dates."</p> + +<p class="sidenote"><a name="212b"></a>French precedents</p> + +<p>In France the general copyright act of 1793, as considered to cover +mechanical music, was interpreted or modified by the act of 1866, which +enacted that "the manufacture and sale of instruments serving to reproduce +mechanically musical airs which are still in the private domain, does not +constitute musical infringement." In the suit of Enoch <i>v. Société des +phonographes et gramophones</i>, the Civil Court of the Seine had decided +in 1903 that phonographic instruments were excepted from the protection of +the law of 1793 by the "general immunities" concerning the mechanical +musical instruments in the act of 1866. But in 1905 the Court of Appeals +of Paris reversed this decision, holding that the law of 1866 applied +solely to musical airs, that is, those involving no words, on the ground +that the law of 1793 was enunciatory of the rights of authors, applying to +all modes of publication and distribution, and that the word "publication" +should be understood broadly "as jurisprudence has applied it to numerous +modes of publication discovered <a name="Page_213" id="Page_213"></a><span +class="pagenum">[Pg 213]</span>since the law of July 19 and 24, 1793, and +the Code of 1810, and as nothing prevents its extension, in consequence of +scientific progress"; and it therefore concluded that literary works +either by themselves or associated with music were practically under the +law of 1793 and not exempted by the law of 1866. A more recent case, in +the Court of Commerce of the Seine in 1905, resulted, however, in the +dismissal of a suit for infringement. France accepted the Berlin +convention, June 28, 1910; but its provision in article 13, that "the +limitations and conditions" as to mechanical music protection "shall be +determined by the domestic legislation of each country in its own case," +makes uncertain whether protection becomes effective in the absence of +specific legislation.</p> + +<p class="sidenote"><a name="213a"></a>Belgian precedents</p> + +<p>In Belgium in 1904, in the suit of Massenet and Puccini <i>v. Compagnie +Générale des phonographes, et al.</i>, it was held by the court of first +instance of Brussels that the introduction for sale of discs and cylinders +reproducing the musical compositions of the plaintiffs was illegal and +liable for damages and punishable as an infringement. This decision was, +however, overruled by the Court of Appeals of Brussels in 1905. Belgium +accepted the Berlin convention, May 23, 1910, has since protected +mechanical reproduction, and was proclaimed as in reciprocal relations +with the United States, June 14, 1911.</p> + +<p class="sidenote"><a name="213b"></a>Italian precedents</p> + +<p>In Italy the copyright law was considered in relation to mechanical +instruments by several court decisions of which the latest and most +important seems to be in the case of the <i>Società Italiana d. Autori +v.</i> Gramophone Co. of London, in which, in 1906, the Royal Court of +Milan held that reproductions of music by gramophone constituted +infringement. This decision held that article three of the Berne +convention of 1886 could not derogate from or modify the domestic <a +name="Page_214" id="Page_214"></a><span class="pagenum">[Pg +214]</span>private law of 1882, and as the Italian law specifically covers +publication and reproduction "by any method," it includes gramophone +discs. "Publication means a process by which the intellectual concept of +the artist is revealed, and brought to the knowledge of others." "What the +legislature wanted has been this: that the author be the exclusive owner +of the external form in which the creation of the mind has been fixed, +and, so to speak, materialized; and that the right be reserved to him to +get from his studies and his exertions all the economic benefits which he +could derive therefrom."</p> + +<p class="sidenote"><a name="214a"></a>Other countries</p> + +<p>In the laws of Switzerland of 1883, and Monaco and Tunis of 1889, the +fabrication and sale of mechanical instruments or devices for reproducing +musical airs were excepted from the definition of piracy. But all these +countries have ratified the Berlin convention "without reservation." +Luxemburg and Norway have applied the Berlin provision and were proclaimed +as in reciprocal relation with the United States on June 14, 1911. Russia +has followed American precedent in the new law of 1911, but has no +reciprocal relations with the United States.</p> + +<p class="sidenote"><a name="214b"></a>Argument for inclusion</p> + +<p>As the opposition to the control by musical composers of mechanical +reproductions of their works is still strong in the United States and in +several countries, notwithstanding recent conventions and legislation, and +is based largely upon restrictive definitions of the words "writings" and +"copies" or their equivalent in other languages, it may be well to include +here the argument made by the writer as Vice-president of the American +(Authors) Copyright League, at the Congressional hearings on the new +American code, of which the essential portions are as follows:</p> + +<p>"The American Copyright League stands, as it has stood for a quarter of +a century, simply and <a name="Page_215" id="Page_215"></a><span +class="pagenum">[Pg 215]</span>solely for the protection of authors' +rights to the fullest extent, and it asserts that a musical composer is as +fully entitled as is the author of any other creative work to the +exclusive and full benefits of his compositions, in whatever manner +reproduced. The opponents of the bill base their objections largely on a +restrictive definition of the word 'writings,' and criticise the bill +because this word 'writings' is interpreted throughout the bill by the +word 'works,' although this accurately reflects the understanding of +Congress and the interpretation of the courts. They would, in fact, +confine copyright protection specifically, it may be said, to e-y-e-deas, +that is, visible records, and exclude as not visible or legible by the +eye, copies of musical compositions mechanically made and interpreted.</p> + +<p class="sidenote"><a name="215"></a>Inscribed writings<br /> + +<a name="216a"></a>Direct sound-writing</p> + +<p>"The earliest <i>writing</i> which remains to us is in the Assyrian +wedge-shaped inscriptions, made by pressing the end of a squared stick +into a soft clay cylinder; the phonograph point inscribes its record in +exactly the same manner upon the 'wax' or composition of the cylinder or +disc, for the mechanism only revolves the roll, and the point is actuated +by the sound vibrations. The words 'phonograph,' 'graphophone' and +'gramophone' literally mean 'sound-writing,' for the Greek form +<i>graph-</i>, the Latin form <i>scrib-</i>, and the Saxon form +<i>write</i>, equally parts of our language, denote exactly the same +meaning. It is even probable that a future development of phonograph +impressions (the third dimension being translated into breadth of stroke +as can be mechanically done) will give ultimately a visual phonograph +alphabet even more natural and logical than Professor Bell's remarkable +system of 'visible speech,' which, of course, like all alphabets, can be +read only when the reader has mastered the significance of the <a +name="Page_216" id="Page_216"></a><span class="pagenum">[Pg +216]</span>symbols. Mr. Edison has himself made some experiments in this +direction, though the confusion from the overtones, which give +<i>quality</i> of speech, has so far prevented result. A large share of +literary productivity to-day is by voice-dictation recorded mechanically +by a stenographer on the typewriter or directly on the phonograph disc, +and I may instance from personal experience a further step. As one of the +committee for the Edison birthday dinner, commemorating the twenty-fifth +anniversary of his invention of the incandescent lamp, I was asked to +supply some original verse, and it occurred to me to put this in shape by +help of Mr. Edison's inventions, without direct or indirect hand- or +typewriting. Accordingly I completed the verses mentally without use of +paper and voiced them into an Edison phonograph, verifying this through +the telephone, and the lines were set in type by the printer from the +sound-record, and thus printed on the <i>menu</i> for the dinner. Thus my +formulated ideas were recorded through the nerves and other mechanism of +the vocal organs, instead of through the nerves and other mechanism of the +hand, directly by the phonograph point on the phonograph cylinder; and it +seems a common-sense inference that if I had caused copies of the +phonograph cylinder, though not legible in the ordinary sense, to be +published instead of the secondary copies in print, I should be as much +entitled to copyright protection in the one case as in the other. The +'telegraphone' directly records on a steel tape the sounds of the human +voice as sent through the telephone, and by an absolutely invisible +re-arrangement of the magnetized particles of steel, makes a writing in +which there is no possibility of visual legibility.</p> + +<p class="sidenote"><a name="216b"></a>Music transmissal</p> + +<p>"Moreover, invention is now developing a series of reproducing +mechanisms such as Dr. Cahill's 'telharmonicon' <a name="Page_217" +id="Page_217"></a><span class="pagenum">[Pg 217]</span>or 'dynamophone,' +in which musical compositions will be translated to the ear without the +interposition even of a cylinder or disc sound-record; and it seems a +common-sense inference that the musical composer should have as full +rights in this as in other forms of copying or reproducing his thought. +Buda-Pesth is said to have not only a telephone 'newspaper,' but a system +of reading novels and other works of literature to telephone subscribers, +and if this should reach such proportions as substantially to reduce the +sale of the printed copies of a new novel from which the author would +receive benefit, it would also seem a common-sense inference that the same +or an equivalent royalty should be paid him.</p> + +<p class="sidenote"><a name="217"></a>Music notation</p> + +<p>"In music writing or notation there are two and only two essentials: +relative vertical position, showing pitch, and relative horizontal +position, showing duration of notes. The earliest form of our present +music writing is the system of the 'large,' 'long,' 'breve' and +'semi-breve' notes, in which the pitch was shown by the vertical relations +of the notes, and the length of the note by the length of the black mark, +the 'large' mark being twice the length of the 'long' mark. This +corresponds closely to the perforated music roll of to-day, which could be +read by a practiced eye with and probably without staff lines, to the +extent that if every other form of reproduction were destroyed, the melody +and harmony of a musical work could be reproduced into the ordinary +notation of music writing. I speak from personal knowledge of these music +rolls, having had a mechanical instrument for some years. The different +kinds of rolls differ in the relative spacing and in distance from the +edge of the roll, which gives the standard, but a foreshortened photograph +of any, bringing them to the same scale, would pattern closely the <a +name="Page_218" id="Page_218"></a><span class="pagenum">[Pg +218]</span>early form of music writing above cited. The London postal +telegraph system dispatches newspaper material from St. Martin's le Grand +throughout the kingdom from continuous perforated ribbons made somewhat in +the same way, visible and legible only to an expert, and reproductions by +the medium of this device would certainly not vitiate copyright.</p> + +<p class="sidenote"><a name="218a"></a>The law prior to 1909</p> + +<p>"It may be observed that the existing law gives to the author or +proprietor of a musical composition the sole liberty not only of printing, +but of publishing, copying, vending, performing, or representing a musical +composition; that the statute does not restrict 'copying' either to a copy +of 'staff notation' or from or in any particular form, but prohibits in +general any copy of a musical composition; that there is no suggestion in +the statute that the copy must be one to be read, <i>e. g.</i>, a copy of +a sculpture; that any sound-record is in the wide sense as truly a copy of +a musical composition as a printed sheet, which is not a copy, in fact, of +the author's manuscript writing; and that as the roll has for its sole +purpose the performing by the aid of a mechanism useless without it, of a +musical composition, just as a printed sheet of music has the sole purpose +of the performing by the aid of the voice, the piano, or the orchestra, of +a musical composition, the maker and vendor of the roll is in exactly the +same position as the maker or vendor of a printed sheet of music.</p> + +<p class="sidenote"><a name="218b"></a>Manuscript and copies</p> + +<p>"But even if phonograph and perforated records should not be +considered, as is sculpture, to be 'writings,' the arguments of the +opponents of this bill do not fit the case. The Constitution explicitly +provides that authors shall have <i>exclusive rights</i> to their +writings. This cannot mean exclusive rights to their written manuscripts, +for these are protected by common law and no constitutional provision was +necessary. <a name="Page_219" id="Page_219"></a><span class="pagenum">[Pg +219]</span>It meant and means evidently that authors shall have exclusive +rights to the benefits of their writings, the usufruct of the property +they have created, and that means practically a monopoly control over all +copies or reproductions from such writings, whether the copies are in +handwriting, printing, or any other form. A musical score is definitely a +writing, for it is even more than a literary manuscript, originally in the +personal handwriting of the composer himself, without the intervention of +a stenographer or a typewriting machine. Therefore, if the narrowest +meaning of the word 'writings' should be interpreted into the Constitution +such as would exclude sculptures and other works which are admittedly +proper and legal subjects of copyright, it would still specifically +include musical and dramatic as well as literary manuscripts. There is no +specification in the Constitution confining the exclusive rights over +writings to copies in handwriting or print or any other stated process of +reproduction; in fact, the Constitution does not use the word 'copyright' +or in any way limit by specification the comprehensiveness of the +exclusive rights Congress is thus authorized to secure. Indeed, Congress +in the copyright laws has interpreted the Constitution to cover the +several artistic or reproductive processes from time to time developed or +invented; thus in the law of 1865 the provisions of the copyright laws +were extended to include 'photographs,' which did not exist at the time of +the adoption of the Constitution—which word specifically means +'light-writings' as phonograph records specifically mean +'sound-writings.'</p> + +<p class="sidenote"><a name="219"></a>Protection of the inventor<br /> + +<a name="220"></a>The counter argument</p> + +<p>"The position taken by the American Copyright League is that an author +is literally entitled to the exclusive right, that is, the exclusive +<i>benefit</i>, in his writings, in whatever form the writings, that is, +his <a name="Page_220" id="Page_220"></a><span class="pagenum">[Pg +220]</span>recorded thoughts, can be reproduced for sale or gain. If Mark +Twain writes a book or Bronson Howard a play or Sousa or Victor Herbert a +musical composition or Millet makes a painting or French a statue, each is +equally entitled to whatever benefit inures from his creative genius. Mr. +Sousa has stated clearly that although Caruso has been paid +$3000—and the fact widely advertised—for singing into a +phonograph record, and his own band (not under his leadership) has also +been paid for playing his compositions and those of others into the +phonograph horn, he has never received as a musical composer one cent for +such use of his creations, though from twenty to a hundred of his +compositions are to be found on the catalogues of the several +manufacturers of mechanical instruments. Mr. J. Howlett Davis, who +properly appeared as an inventor in defense of his own inventions in +mechanical instruments, which he mistakenly believes would be rendered +useless if the copyright protection were extended to sound-records, really +asked that Congress should protect the thing which he had invented, and +compel users to pay for it, but should permit him to use the thought which +the musical composer had invented and expressed, without paying for it. +His argument analyzed presents an even stronger argument for the proposed +copyright bill than for the protection of patented inventions. When Mr. +Sousa buys a patented cornet he has paid for the use of it, but Mr. Sousa +makes no claim either to make another cornet like it or to play +copyrighted musical compositions for profit without payment or permission. +A piano, a pianola, a music roll or new form of mechanism, is patentable; +a musical composition as played on a piano by hand or by mechanism, +whether reproduced on a printed sheet or a mechanical roll, is +copyrightable; but each should have like <a name="Page_221" +id="Page_221"></a><span class="pagenum">[Pg 221]</span>protection. I speak +from specific knowledge as one who has taken out patents as well as +copyrights and as the active head for some years of the Edison +Illuminating Company of New York and a participant in successfully +defending the Edison lamp patents. Mr. Edison, both as an inventor and as +a manufacturer of his own inventions, has profited much more than a +million dollars from his patents, and would naturally be expected to be +foremost in upholding the right of authors to payment for their +brains."</p> + +<p class="sidenote"><a name="221"></a>Complete protection</p> + +<p>The acceptance by most countries within the International Copyright +Union of the Berlin convention, without reservation on this question of +mechanical music, sets an example of complete protection of the musical +composer which it is hoped may be ultimately adopted by the United States +as well as by other countries.</p> + +<p><a name="Page_222" id="Page_222"></a><span class="pagenum">[Pg +222]</span></p> + +<h3 class="p4">XIII</h3> + +<h4>ARTISTIC COPYRIGHT</h4> + +<p class="p2 sidenote"><a name="222"></a>Threefold value in art works</p> + +<p>The artist-author, by the labor of his brain and hand, produces three +classes of property right or a threefold value: he receives recompense +from the sale of the original work made by his hand, or from the +exhibition of it, or from the reproduction and sale of copies. The new +American code is perhaps in advance of legislation in any other country in +the protection of the artist, for it assures to him separate values in the +right to sell his work and the right to reproduce and sell copies, neither +one of which rights is necessarily transferred with the other; it enables +him to copyright his original work before the reproduction of copies, +though it does not make absolutely clear whether the exhibition without +restriction of an uncopyrighted work results in dedication; and it +protects his right to control and profit from reproductions, with the +simplest possible copyright notice, not including date, though as to +lithographic and photo-engraving reproductions it requires manufacture in +this country. The literary, dramatic or musical author produces no value +in the original work itself, except as his fame may ultimately make his +manuscript valuable as an autograph, and in this respect the artist-author +has an advantage of practical importance in the general provision +separating the copyright from the right in the material object. On the +other hand, show-right or right of exhibition is not as specifically +treated or as clearly defined and protected as is playright or right of +performance in the case of drama or music. </p> + +<p class="sidenote"> <a name="223a"></a>American provisions</p> + +<p><a name="Page_223" id="Page_223"></a><span class="pagenum">[Pg +223]</span>The copyright of works of the fine arts and cognate works is +specifically provided for in the code of 1909 by including as +subject-matter of copyright (sec. 5) the following divisions: "(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." It is +not intended to include under subsection (k) labels or prints of +advertising or commercial character which may be registered as trade-marks +under the Trade-Mark law in the Patent Office. The proprietor of a work of +art is given in addition to the general rights (sec. 1, a) the specific +rights (sec. 1, b) "to complete, execute, and finish it if it be a model +or design for a work of art."</p> + +<p class="sidenote"><a name="223b"></a>Copyright Office classification +definitions</p> + +<p>The new Copyright Office Rules and Regulations, promulgated 1910, +define these classifications in the following language:</p> + +<p>"11. <i>(f) Maps.</i>—This term includes all cartographical +works, such as terrestrial maps, plats, marine charts, star maps, but not +diagrams, astrological charts, landscapes, or drawings of imaginary +regions which do not have a real existence.</p> + +<p>"12. <i>(g) Works of art.</i>—This term includes all works +belonging fairly to the so-called fine arts. (Paintings, drawings, and +sculpture.)</p> + +<p>"Productions of the industrial arts utilitarian in purpose and +character are not subject to copyright registration, even if artistically +made or ornamented.</p> + +<p>"No copyright exists in toys, games, dolls, advertising novelties, +instruments or tools of any kind, glassware, embroideries, garments, +laces, woven fabrics, or any similar articles.</p> + +<p>"13. <i>(h) Reproductions of works of art.</i>—This term refers +to such reproductions (engravings, woodcuts, etchings, casts, etc.) as +contain in themselves an <a name="Page_224" id="Page_224"></a><span +class="pagenum">[Pg 224]</span>artistic element distinct from that of the +original work of art which has been reproduced.</p> + +<p>"14. <i>(i) Drawings or plastic works of a scientific or technical +character.</i>—This term includes diagrams or models illustrating +scientific or technical works, architects' plans, designs for engineering +work, etc.</p> + +<p>"15. <i>(j) Photographs.</i>—This term covers all positive prints +from photographic negatives, including those from moving picture films +(the entire series being counted as a single photograph), but not +photogravures, half tones, and other photo-engravings.</p> + +<p>"16. <i>(k) Prints and pictorial illustrations.</i>—This term +comprises all printed pictures not included in the various other classes +enumerated above.</p> + +<p>"Articles of utilitarian purpose do not become capable of copyright +registration because they consist in part of pictures which in themselves +are copyrightable, e. g., puzzles, games, rebuses, badges, buttons, +buckles, pins, novelties of every description, or similar articles.</p> + +<p>"Postal cards cannot be copyrighted as such. The pictures thereon may +be registered as 'prints or pictorial illustrations' or as 'photographs.' +Text matter on a postal card may be of such a character that it may be +registered as a 'book.'</p> + +<p>"Mere ornamental scrolls, combinations of lines and colors, decorative +borders, and similar designs, or ornamental letters or forms of type are +not included in the designation 'prints and pictorial illustrations.' +Trademarks cannot be copyrighted nor registered in the Copyright +Office."</p> + +<p class="sidenote"><a name="224"></a>The question of exhibition</p> + +<p>The new law does not specifically make clear the relation between the +exhibition of works of art and publication, or define whether or not +exhibition may constitute dedication to the public and thus prevent the +protection of the copyright thereafter. But in <a name="Page_225" +id="Page_225"></a><span class="pagenum">[Pg 225]</span>making copyright a +sequent to publication (sec. 9) and providing (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," it makes it at +least probable that the author of an artistic or cognate work who simply +exhibits, does not surrender the right to copyright. The trend of the +courts in recent decisions has been, as in the Werkmeister case, cited +below, to protect exhibited works, at least where any reservation of +rights could be construed into the circumstances of the exhibition; but it +is still uncertain whether the exhibition of a work of art at a public +museum where there is no regulation against copying or reservation by the +artist, might not constitute a dedication and thus prevent later +copyright.</p> + +<p class="sidenote"><a name="225a"></a>Protection of unpublished work</p> + +<p>In providing however (sec. 11) specifically "that copyright may also be +had of the works of an author of which copies are not reproduced for sale, +by the deposit, with claim of copyright ... 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," it gives to +the artist or the author of a cognate work an easy means of protecting his +production beyond question; and he is not wise who neglects the simple +precaution provided in the law.</p> + +<p class="sidenote"><a name="225b"></a>Copyright notice</p> + +<p>It is not made absolutely clear in the new law whether the copyright +notice must be attached to the original of a work of art; but again the +provision for protection is so simple that it is wise to take advantage of +the method of the law, by placing the copyright notice on the original. +The copyright notice may be in the form (sec. 18) "'Copyright' or the +abbreviation 'Copr.' accompanied by the name of <a name="Page_226" +id="Page_226"></a><span class="pagenum">[Pg 226]</span>the copyright +proprietor," the year of publication not being required in the case of an +artistic work. It is further provided that "in the case of copies of works +specified in subsections (f) to (k), inclusive, of section five of this +Act, the notice may consist of the letter C inclosed within a circle, +thus: ©, accompanied by the initials, monogram, mark, or symbol of the +copyright proprietor: <i>Provided</i>, That on some accessible portion of +such copies or of the margin, back, permanent base, or pedestal, or of the +substance on which such copies shall be mounted, his name shall +appear."</p> + +<p>If the copyright notice is attached to the original, it is not made +clear whether it should be on the face of the work and visible to the +casual spectator; but again the wise artist will take an easy +precaution.</p> + +<p class="sidenote"><a name="226"></a>Deposit</p> + +<p>It is further required (sec. 12) that "if the work is not reproduced in +copies for sale, there shall be deposited the copy, print, photograph, or +other identifying reproduction" required as above stated, "accompanied in +each case by a claim of copyright."</p> + +<p>The new Copyright Office Rules and Regulations schedule (17) among +unpublished works that may be registered "(<i>c</i>) photographic prints; +(<i>d</i>) works of art (paintings, drawings, and sculpture), and +(<i>e</i>) plastic works," and states specifically as to the deposit in +such cases:</p> + +<p>"19. (2) In the case of photographs, deposit one copy of a positive +print of the work. (Photo-engravings or photogravures are not photographs +within the meaning of this provision.)</p> + +<p>"20. (3) In the case of works of art, models or designs for works of +art, or drawings or plastic works of a scientific or technical character, +deposit a photographic reproduction."</p> + +<p>As deposit in the case of an unpublished work <a name="Page_227" +id="Page_227"></a><span class="pagenum">[Pg 227]</span>takes the place of +publication and deposit in the case of works reproduced for sale, there +can be no claim for statutory protection of an unpublished work of art +without the deposit of the identifying copy, and the general provision +(sec. 13) for fine and for voiding of copyright in the case of +non-deposit, has, of course, no bearing on unpublished works. Any action +or proceeding in respect to an unpublished work not registered by deposit +must therefore be under common law and not under statutory provision.</p> + +<p class="sidenote"><a name="227"></a>Summary of requirements</p> + +<p>To sum up, the author of a work of art, who is exhibiting his painting +or statue or other work and not multiplying copies for sale, will assure +himself of full protection if before such exhibition he places on the +original work, in some visible but not obtrusive fashion, the letter C +inclosed in a circle with his name or mark, and deposits a photograph of +such work with the Librarian of Congress or in the mails addressed to him, +accompanied by a claim of copyright,—for which an application form +(J<sup><span class="tinier">2</span></sup>, "photograph not reproduced for +sale") is furnished on request, by the Copyright Office from +Washington,—with inclosure of one dollar.</p> + +<p>As soon as the artist multiplies copies for sale, or permits +reproduction of his work, as in a newspaper report of an exhibition, for +instance, he must then take the precaution of depositing two copies of +such reproduction as provided in general by the act, and it is further +provided (sec. 18) "that on some accessible portion of such copies or of +the margin, back, permanent base, or pedestal, or of the substance on +which such copies shall be mounted, his name shall appear." In case two +copies are not so deposited, it is probable that a fine and forfeiture of +copyright would ultimately ensue, as indicated in section 13.</p> + +<p class="sidenote"><a name="228a"></a>Material and immaterial properties +distinct</p> + +<p>It is specifically provided (sec. 41) that copyright <a name="Page_228" +id="Page_228"></a><span class="pagenum">[Pg 228]</span>is distinct from +the property in the material object, which accomplishes for the artist the +important result that when he sells his painting he does not transfer the +copyright, but retains that for himself unless he specifically contracts +with the buyer to include in the sale the copyright or the right to +copyright. This adopts into the law the decision of the courts that +copyright does not pass with a painting unless distinctly included in the +transfer. The provision (sec. 41) is specific that the copyright "is +distinct from the property in the material object copyrighted, and the +sale or conveyance, by gift or otherwise, of the material object shall not +of itself constitute a transfer of the copyright, nor shall the assignment +of the copyright constitute a transfer of the title to the material +object." Thus the author of a work of art has two separate properties, the +painting, statue or other work in itself, on the one hand, and the +copyright or the right to copyright on the other, neither of which is +transferred by the transfer of the other unless both are specifically +included in the transfer.</p> + +<p class="sidenote"><a name="228b"></a>Manufacturing clause covers +lithographs and photo-engravings<br /> + +Foreign subjects excepted</p> + +<p>The copyright in certain classes of reproductions of works of art is +dependent however on manufacture in this country, as in the case of books. +This provision no longer includes photographs as in the preceding law, but +is confined specifically (sec. 15) to "text produced by lithographic +process, or photo-engraving process," "illustrations within a book +consisting of printed text and illustrations produced by lithographic +process, or photo-engraving process, and also to separate lithographs or +photo-engravings, except where in either case the subjects represented are +located in a foreign country and illustrate a scientific work or reproduce +a work of art." It is further provided that "in the case of the book ... +if the text be produced by lithographic process, or photo-engraving <a +name="Page_229" id="Page_229"></a><span class="pagenum">[Pg +229]</span>process ... the copies so deposited shall be accompanied by an +affidavit ... that such process was wholly performed within the limits of +the United States." This affidavit, therefore, is not required in the case +of separate lithographs or photo-engravings. The manufacturing provisions +chiefly concern the publishers of books, but they imply that artists +cannot send works abroad to have reproductions made. But by the opinion of +January 9, 1911, approved by the Attorney-General, a design, drawing, or +painting made and located abroad intended as "the first step" for +lithographic reproduction, may be registered, if a "work of +art"—which question of fact is to be determined by the Register of +Copyrights; and such lithographic reproductions of it may be imported.</p> + +<p class="sidenote"><a name="229a"></a>German post cards</p> + +<p>It was held by the Attorney-General January 27, 1910, that lithographic +reproductions of original paintings in the form of illustrated post cards +made in Germany, are subject to registration, provided the original +paintings may properly be classified as works of art; and thus importation +of such post cards would be permissible.</p> + +<p class="sidenote"><a name="229b"></a>Artistic merit unimportant</p> + +<p>While there must be originality in a work of art, especially under +English law, this means little more than a prohibition of actual copying, +and as in the case of literary and dramatic works, artistic merit is of +little importance.</p> + +<p class="sidenote"><a name="229c"></a>Application forms<br /> + +<a name="230a"></a>Certificates</p> + +<p>The Copyright Office furnishes without charge application forms, +lettered as indicated, for the following classes of art works: (F) +published map; (G) work of art (painting, drawing, or sculpture); or model +or design for a work of art; (H) reproduction of a work of art; (I) +drawing or plastic work of a scientific or technical character; +(J<sup><span class="tinier">1</span></sup>) photograph published for sale, +(J<sup><span class="tinier">2</span></sup>) photograph not reproduced for +sale; (K) print or pictorial <a name="Page_230" id="Page_230"></a><span +class="pagenum">[Pg 230]</span>illustration. Thus the applicant should +send for application blank (G), if for an original work of art, (H), if +for a reproduction, or the proper blank in the other specified cases. But +it should be noted that it is both unnecessary and undesirable to apply +separately under different blanks as (G) and (H), since the single +copyright on the original work covers reproductions. Certificates are +returned by the Copyright Office on receipt of the application form and of +the statutory fee of one dollar, covering the same specified subjects.</p> + +<p class="sidenote"><a name="230b"></a>Term in unpublished work</p> + +<p>When an original work of art is copyrighted, but is not published by +reproduction of copies for sale or distribution, it is uncertain under the +law, as in the case of dramatic and musical compositions, from what date +the copyright protection runs and whether the sole right of reproducing +copies for sale terminates at the end of a statutory term beginning with +the registration of the original work or with its publication by the +reproduction of copies for sale. The Copyright Office issues a certificate +of the registration of the original work as covering a period of +twenty-eight years and will doubtless base a renewal on the termination of +this term; and only a court decision will determine whether the copyright +of the original unpublished work exists in perpetuity until publication or +whether the right to reproduce copies for sale lapses with the termination +of twenty-eight or fifty-six years from the registration of the original +work.</p> + +<p class="sidenote"><a name="230c"></a>Date not required<br /> + +<a name="231a"></a>Re-copyright objectionable</p> + +<p>The omission of the requirement of date in the copyright notice in the +case of a work of art is significant and important, although it has the +disadvantage that knowledge of the expiration of the term of copyright can +be had only by specific inquiry from the Copyright Office. It has been the +mistaken practice of more than one artist, under the old law, to enter <a +name="Page_231" id="Page_231"></a><span class="pagenum">[Pg +231]</span>copyright on his original sketch or on his original work under +date of its beginning, again on the finished original under date of its +completion, and possibly again on reproductions under the date of the +first publication of copies; and when also the artist changed the name of +his work under these progressions, confusion became worse confounded. From +this superfluous zeal and mistaken carefulness, serious results have come, +as in Caliga <i>v. Inter-Ocean</i> Newspaper Co., decided in 1909 by the +U. S. Supreme Court through Justice Day, wherein an artist failed to +protect himself against an infringing reproduction, because he brought +suit under a second copyright which he had entered on finishing his +picture, instead of under the original and lawful copyright, under which +he had originally entered his work. The fact that by this second +copyrighting he laid claim to a longer term than the law allowed, made the +second copyright void and a suit under it of no avail. Under the new law +the author of a work of art is not only given specifically the exclusive +right "to complete, execute, and finish it if it be a model or design for +a work of art" as in the previous law, so that an artistic work is +protected by one copyright from design to completion and reproduction; but +he may also protect his original work during its progress or exhibition +before publication and thus safeguard his future right to control and +benefit from the multiplication of copies.</p> + +<p class="sidenote"><a name="231b"></a>Exhibition right transfer</p> + +<p>In case of the sale of the original work of art, the right to exhibit, +of course, passes with the original, although the right to copyright and +reproduce copies is expressly reserved to the artist. In view of the +uncertainty whether the unrestricted public exhibition of a work of art +constitutes dedication and prevents copyright thereof, the carelessness of +the purchaser of the original might raise question as to the validity of +<a name="Page_232" id="Page_232"></a><span class="pagenum">[Pg +232]</span>later copyright of reproductions by the artist. It is therefore +unwise for an artist to sell the original of a work of art without +affixing to it the required copyright notice and depositing one copy of an +identifying photograph or print.</p> + +<p class="sidenote"><a name="232"></a>Early English decision</p> + +<p>The leading case under English law as to exhibition is that of Turner +<i>v.</i> Robinson in the Irish Court of Chancery in 1860, previous to the +passage of the act of 1862 which first provided statutory copyright for +paintings, and interpretative therefore of common law. Turner's "Death of +Chatterton" had been reproduced in a magazine and exhibited at the Royal +Academy and in Manchester, and was thereafter exhibited for the purpose of +obtaining subscriptions for an engraving, in Dublin, where a photographer +copied it and published a stereoscopic reproduction. The Master of the +Rolls held that the painting had never been published because the +exhibitions were on condition that no copies should be made, and the +engraving in the magazine was only a rough representation and not a +publication of the picture. The Court of Appeal also held against the +defendant, but because of his breach of contract, and declined to decide +whether there had been publication in London or Manchester. The Lord +Chancellor, however, expressed the opinion that exhibition at the Academy, +though conditioned, was publication, though a private view in a studio +rather than a picture gallery would not be. The Court of Appeal did not +pass on the further opinion of the Master of the Rolls that the +publication of a print was not publication of the picture. These confusing +opinions left the question in very misty shape and the most important +interpretation of English practice has come from an American court.</p> + +<p class="sidenote"><a name="233"></a>The Werckmeister leading case</p> + +<p>The latest and leading case as to exhibition is that of Werckmeister +<i>v.</i> American Lithograph Co., <a name="Page_233" +id="Page_233"></a><span class="pagenum">[Pg 233]</span>American Tobacco +Co., <i>et al.</i>, which was decided by the U. S. Supreme Court in +1907, in an opinion written by Justice Day. The English artist Sadler had +sold, in 1894, to Werckmeister of the Berlin Photographic Co. the +copyright in his picture "Chorus," which he exhibited at the Royal Academy +Exhibition of 1894, and the design had been reproduced by the American +Lithograph Co. for use on an American Tobacco Co. label, though the +photograph had been given protection by copyright. In reply to the claim +of the infringers that such exhibition constituted dedication to the +public, the Supreme Court's decision quoted from Slater on "The law +relating to copyright and trade-marks."</p> + +<p class="sidenote">U. S. Supreme Court opinion</p> + +<p>"It is a fundamental rule that to constitute publication there must be +such a dissemination of the work of art itself among the public as to +justify the belief that it took place with the intention of rendering such +work common property," the court adding, "and that author instances as one +of the occasions that does not amount to a general publication the +exhibition of a work of art at a public exhibition where there are by-laws +against copies or where it is tacitly understood that no copying shall +take place, and the public are admitted to view the painting on the +implied understanding that no improper advantage will be taken of the +privilege. We think this doctrine is sound and the result of the best +considered cases." The court said further: "We do not mean to say that the +public exhibition of a painting or statue where all might see and freely +copy it might not amount to publication within the statute, regardless of +the artist's purpose or notice of reservation of rights which he takes no +measure to protect."</p> + +<p class="sidenote"><a name="234a"></a>Unrestricted exhibition +hazardous</p> + +<p>In fact, in Pierce & Bushnell Co. <i>v.</i> Werckmeister, in 1896, +the U. S. Circuit Court of Appeals, through <a name="Page_234" +id="Page_234"></a><span class="pagenum">[Pg 234]</span>Judge Colt, had +held that the exhibition of Naujok's painting of St. Cecilia, in Berlin +and Munich, without copyright notice on the original work, constituted +publication and dedication, and therefore denied protection to +photographic copies thereafter copyrighted and published.</p> + +<p class="sidenote"><a name="234b"></a>Reservation on sale</p> + +<p>That the sale of the original work of art as a material object does not +involve the transfer of the copyright is a direct application in the new +American code of previous judicial decisions. In Werckmeister <i>v.</i> +Springer Lith. Co., in 1894, where the defense contended that the +purchaser of a painting was the person authorized to become the copyright +proprietor, this contention was absolutely overruled, in the U. S. +Circuit Court in New York, by Judge Townsend. But it may nevertheless be +desirable to include in any contract of sale a specific reservation of +copyright, especially in the case of works executed for public authorities +or to be exhibited in a public place. In Dielman v. White, in 1900, Judge +Lowell in the U. S. Circuit Court in Massachusetts declined to enjoin +a photograph of certain mosaics by Dielman in the Library of Congress, the +original cartoon for which as sent to Venice, as well as the mosaic work +itself, bore copyright notice, on the ground that the correspondence with +the government constituting the contract, did not clearly reserve to the +artist the right to copyright and prevent copying,—though this +decision may be questioned.</p> + +<p class="sidenote"><a name="234c"></a>Publication construed</p> + +<p>The courts are disposed to limit the definition of publication to +insure the fullest protection of an author's right. In Werckmeister +<i>v.</i> Springer Lith. Co. it was further held by Judge Townsend that +the printing in an exhibition catalogue of a cut of a painting was for the +information of patrons and was not publication. In the same case the +defense contended that the sale of <a name="Page_235" +id="Page_235"></a><span class="pagenum">[Pg 235]</span>an earlier replica +of the plaintiff's painting constituted a publication and forfeited +copyright, but the court held that the replica was not a copy but was made +beforehand to assist in the preparation of the painting afterward +copyrighted, and that there was no publication.</p> + +<p>In Falk <i>v.</i> Gast, in 1893, where the defense claimed that the +copyright notice was omitted from published copies, referring to a sample +sheet of miniature reproductions sent to dealers for their information and +convenience, the U. S. Circuit Court of Appeals, through Judge +Shipman, held that this issue of sample sheets did not constitute +publication. This doctrine of limitation had a curious application in +Harper <i>v.</i> Shoppell, in 1886, in which Judge Wallace, in the +U. S. District Court, held, where an electrotyper had sold to a third +party an unauthorized electrotype of a copyrighted illustration, that the +copyright law was not violated because the illustration had not been +printed or published.</p> + +<p class="sidenote"><a name="235"></a>Danger of forfeiture</p> + +<p>The artist-author or the proprietor of an artistic copyright should be +most careful to comply with the statutory requirements as to notice and +other formalities, as otherwise copyright may be forfeited. Several court +decisions indicate that the copyright notice should be placed on the +original when exhibited, even if copies are not then reproduced for sale; +and as the question is not made quite clear in the new code, it is wise to +follow this indication. In the original trial in 1902 of the Werckmeister +case, Judge Thomas in the U. S. Circuit Court held that the omission +of copyright notice from the exhibited original waived the copyright, but +his decision of the case was reversed by the U. S. Supreme Court on +other grounds as previously stated, and this particular point remains +unsettled. </p> + +<p><a name="Page_236" id="Page_236"></a><span class="pagenum">[Pg +236]</span> Copyright is not forfeited where a notice properly affixed has +been omitted in later use beyond the control of the copyright proprietor. +"If copied afterwards or put upon a new mount the complainant should not +suffer," said Judge Coxe in Falk <i>v.</i> Gast in reference to copies +from which the notice had been separated. In Bennett <i>v.</i> Carr, in +1899, the U. S. Circuit Court of Appeals, through Judge Thomas, +non-suited the complainant because he had not deposited a written +description, in addition to filing identifying copies, both formalities +being required under the old law.</p> + +<p class="sidenote"><a name="236"></a>Limited use and license</p> + +<p>The principle is especially important regarding works of art that a +copyright proprietor may grant specific license for the limited use of his +work; and this has many times been upheld by judicial decisions. In the +American courts, such cases have usually been settled by preliminary +injunction, without further trial, so that most of the cases are +unreported in the law digests, as in that of Miles <i>v.</i> American News +Co., in 1898, where General Miles obtained a preliminary injunction +restraining the distribution by the defendants of "Remington's frontier +sketches," including illustrations made for and copyrighted in General +Miles' "Personal recollections." In the English case of Nicholls <i>v.</i> +Parker, in 1901, it was held that a license to print illustrations in the +<i>Graphic</i> did not permit their use in another periodical of the +defendant despite the defense of "custom of the trade," which the judge +characterized as "ridiculous." In the important case of Green <i>v. Irish +Independent</i>, the Court of Appeal held that the newspaper, though +acting "in good faith and without knowledge," was guilty of infringement +in printing an illustration sent to it as an advertisement which the +proprietor had not licensed for such use. Where, in Guggenheim <i>v.</i> +Leng, in <a name="Page_237" id="Page_237"></a><span class="pagenum">[Pg +237]</span>1896, the periodical <i>Sports</i> printed and sold as a +separate sheet an illustration licensed for use in the periodical, it was +held in the Queen's Bench Division that publication and sale of the +supplement separately from the paper was beyond the terms of the license +and therefore an infringement.</p> + +<p class="sidenote"><a name="237a"></a>Character, not method of use</p> + +<p>Copyright in a work of art is dependent upon character rather than use. +"A picture is none the less a picture and none the less a subject of +copyright that it is used for an advertisement," said Justice Holmes in +the U. S. Supreme Court, in Bleistein <i>v.</i> Donaldson Lith. Co., +in 1903, the leading case on this subject, in which three lithographs +designed for a circus poster were protected. In Mott <i>v.</i> Clow, in +1896, Judge Grosscup in the U. S. Circuit Court in Illinois had held +that illustrations, in this instance of bathtubs in a trade catalogue, +which "are mere advertisements," are not entitled to copyright; and in +Schumacher <i>v.</i> Wogram, in 1888, it had been held by Judge Wallace +that a picture of a young woman holding a bouquet intended for a cigar +label could not be protected as copyright, but should be registered as a +trade-mark. "The distinction here," said Judge Wallace, "seems to be that +a picture expressly intended as a label should be considered a trade-mark, +though a picture which may be used for a label is not for this reason +excluded from copyright." An artistic design for paper-box covers was held +copyrightable in 1910 in De Jonge <i>v.</i> Breuker & Kessler, in the +U. S. Circuit Court, by Judge McPherson, who also held that the same +subject could not be protected both under copyright and as trade-mark.</p> + +<p class="sidenote"><a name="237b"></a>Illustration</p> + +<p>That an illustration of a person, incident or scene in a copyright work +is not an infringement of its copyright, was indicated in 1909 in Harper +<i>v.</i> Kalem Co., in the opinion of the U. S. Circuit Court of +Appeals in <a name="Page_238" id="Page_238"></a><span class="pagenum">[Pg +238]</span>New York, through Judge Ward, who said: "As pictures only +represent the artist's idea of what the author has expressed in words, +they do not infringe a copyrighted book or drama and should not be +enjoined." That illustrations may be protected as part of a book without +reference to the engravings act, was held in Marshall <i>v.</i> Bull, in +1901, in the English Court of Appeal, which held also that though +electrotype blocks had been legally sold, unauthorized reproduction from +such blocks constituted infringement.</p> + +<p class="sidenote"><a name="238a"></a>Description of artistic work</p> + +<p>Likewise, a description in words of a copyrighted work of art is +probably permissible without infringement of copyright, when the work is +published or publicly exhibited. But this does not hold good in the case +of an unpublished or privately exhibited work, as was held in 1849 in the +case of Prince Albert <i>v.</i> Strange, where a descriptive catalogue of +unpublished etchings by Queen Victoria and the Prince Consort was +enjoined, as well as the exhibition of prints therefrom unlawfully +obtained.</p> + +<p class="sidenote"><a name="238b"></a>Portraits</p> + +<p>In the case of portraits, whether by painting, sculpture or +photography, an important question as to ownership arises. A portrait paid +for by the subject or a person other than the artist is the property, for +copyright as well as other purposes, exclusively of that person; but if an +artist produces a portrait at his own expense, even if by the suggestion +of another person, the right to copyright remains with the artist. The +general principle was best stated by Judge Wheeler in 1894, in the +U. S. Circuit Court in New York, in Press Pub. Co. <i>v.</i> Falk, +where the <i>World</i> was held to have infringed the copyright in the +photograph of an actress, copyrighted by the photographer and not paid for +by her, though a complimentary copy, given to the actress, had been sent +by her to the newspaper. "When a person has a negative taken <a +name="Page_239" id="Page_239"></a><span class="pagenum">[Pg 239]</span>and +photograph made, for pay, in the usual course, the work is done for the +person so procuring it to be done, and the negative, so far as it is a +picture or capable of producing pictures of that person, and all +photographs made from it, belong to that person; and neither the artist +nor any one else has any right to make pictures from the negative or copy +the photographs, if not otherwise published, for any one else. But when a +person submits himself or herself as a public character to a photographer +for the taking of a negative, and the making of photographs therefrom for +the photographer, the negative and the right to make photographs from it +belong to him. He is the author and proprietor of the photograph, and may +perfect the exclusive right to make copies by copyright." The same +principle was upheld in the closely similar English case of Ellis +<i>v.</i> Ogden, in 1894, by Justice Collins in the Queen's Bench +Division. But in the case of Ellis <i>v.</i> Marshall, in 1895, Justice +Charles in the same court held that where two actors had been invited by a +photographer to sit for him in costume and some photographs had also been +taken in plain clothes, of which the actors purchased copies, they were +entitled to authorize publication in a magazine. It may be noted that New +York and other states have statutes forbidding portraiture of persons +without their consent; but this prohibition would probably not apply to +photographing of a crowd, unless the portrait of a special person were +lifted out or made prominent. A photographer may not exhibit a photograph +of a patron, as in his shop window, without the sitter's consent.</p> + +<p class="sidenote"><a name="239"></a>Right of employer</p> + +<p>The employer of an artist in other work as well as portraiture may +become <i>ipse facto</i> the copyright proprietor. In 1871, in Stannard +<i>v.</i> Harrison, where a wall map had been made by an engraver from +rough <a name="Page_240" id="Page_240"></a><span class="pagenum">[Pg +240]</span>sketch and material and from directions given by the plaintiff, +the English Court of Chancery, through Vice-Chancellor Bacon, held: "That +the plaintiff cannot draw himself is a matter wholly unimportant if he has +caused other persons to draw for him. He invents the subject of the design +beyond all question ... this is a work of diligence, industry, and for +aught I know of genius on the part of the plaintiff." This case, which +arose under the engravings acts in England, where an engraving may be +copyrighted by an employer,—though the engraver of his own original +design is the only person entitled to copyright,—is of wide bearing +throughout artistic copyright. On the other hand, in 1898, in Bolton +<i>v.</i> London Exhibitions Co., Justice Mathew in the Queen's Bench +Division held that the employer, who had given to the engraver only a +"general idea" of what he desired, was not the party liable for +infringement.</p> + +<p class="sidenote"><a name="240"></a>Photographs</p> + +<p>Photographs, a modern development since the early copyright laws, were +first included with negatives in the American act of 1865, in respect to +which the action of Congress was upheld by the U. S. Supreme Court in +1884 in the decisive case of Burrow-Giles Lith. Co. <i>v.</i> Sarony, and +in the English fine arts copyright act of 1862. They are specifically +named (sec. 5, j) in the new American code, and are included specifically +or impliedly under copyright protection in most countries. The peculiar +circumstance that the skill of the photographic artist is not necessarily +shown in the composition of the picture taken, but more usually in the +selection of subject or point of view and treatment in the process, leads +to complexities as to authorship, ownership, etc. It is unnecessary and +indeed undesirable to copyright separately a photograph of a copyrighted +work, of which the general copyright is comprehensive of all +reproductions, <a name="Page_241" id="Page_241"></a><span +class="pagenum">[Pg 241]</span>but the original copyright notice including +the name of the artist must appear on each photograph or its mount. An +original photograph of an uncopyrighted or uncopyrightable subject may be +copyrighted as a photograph, as was held with respect to natural scenery +in 1903, in Cleland <i>v.</i> Thayer, in the U. S. Circuit Court of +Appeals, where a colored photograph of a Colorado pass was protected. +Where a photographer had posed a woman and a child characteristically, +Judge Wheeler in the U. S. Circuit Court in New York held, in 1891, +in Falk <i>v.</i> Brett Lith. Co., where defendant had merely reversed the +photograph in a lithographic reprint, that the photograph was +copyrightable and that the photographer was the author. And this doctrine, +that the posing and treatment of a photograph subject gave justification +for copyright, was also upheld in the case of a portrait of an actress in +the same year in Falk <i>v.</i> Gast by Judge Coxe. In the English case of +Bolton <i>v.</i> Aldin <i>et al.</i>, in 1895, Justice Grantham in the +Queen's Bench Division held that the photograph of a tiger was infringed +by a drawing from the photograph published in the <i>Sketch</i> magazine. +But the copyrighting of a photograph of an uncopyrighted subject cannot +prevent the photographing of the same subject independently by others, nor +can the use of a "general idea" be prevented. Under the new American code, +the fee for registering a photograph is but fifty cents, if a certificate +is not desired, and the new Copyright Office Rules hold that in moving +picture films only one registration is requisite, "the entire series being +counted as a single photograph."</p> + +<p class="sidenote"><a name="241"></a>Tableaux vivants and moving +pictures</p> + +<p>Whether living pictures, <i>tableaux vivants</i>, infringe a work of +art, is a difficult question, determinable only by the circumstances of +each case. Moving pictures telling a dramatic story may infringe a +dramatic or <a name="Page_242" id="Page_242"></a><span class="pagenum">[Pg +242]</span>even literary work, as well as possibly a work of art, as was +decided in the case of Harper <i>v.</i> Kalem Co. But the House of Lords, +in 1894, in the case of Hanfstaengl <i>v.</i> Baines, where the proprietor +of the copyright in paintings sued the proprietors of the <i>Graphic</i> +for reproducing by sketches living pictures exhibited at a music hall, +patterned after the paintings, decided that the word "design" in the +English law did not cover the <i>tableaux</i> at the music hall. It is +probable, however, that an exact reproduction, as nearly as may be, of a +painting at a public place, might be held an infringement. In 1903 the +Circuit Court of Appeals through Judge Buffington, in Edison <i>v.</i> +Lubin, overruled the defense that each picture making up a moving picture +series should be separately registered for copyright. But separable parts +of a composite design, when used separately, must bear separate copyright +notice, as was held in 1910 in De Jonge <i>v.</i> Breuker & Kessler by +Judge McPherson in the U. S. Circuit Court.</p> + +<p class="sidenote">Exclusions and inclusions construed</p> + +<p>A shadow-trick perforated card, giving an outline of the picture "Ecce +Homo" when held between a light and a screen, was held by Vice-Chancellor +Bacon, in Cable <i>v.</i> Marks, in 1882, not to be subject of copyright. +Playing cards have been included as prints by an English decision.</p> + +<p class="sidenote"><a name="242"></a>Architectural works</p> + +<p>Architectural works are not protected as such under the American code, +the decision of the Congressional Committees being adverse to this +proposal. They are specifically included in the new British code. It is +possible that they might be included under the general designation of +works of art, and drawings or models for buildings might be copyrighted as +"drawings or plastic works of a scientific or technical character." The +question, however, is one of much doubt. In 1903, in Wright <i>v.</i> +Eisle, the Appellate <a name="Page_243" id="Page_243"></a><span +class="pagenum">[Pg 243]</span>Division of the N. Y. Supreme Court, +through Judge Woodward, held, where an architect had filed plans with the +building department which he claimed were copied in a house of the +defendant, which plans had not been copyrighted, that the filing of the +plans in a public office constituted publication and as there were no +copyrighted copies, there was no case at common or copyright law.</p> + +<p class="sidenote"><a name="243a"></a>Copy of a copy</p> + +<p>A copy of a copy is an infringement of the original work and +incidentally of the direct copy, unless the latter is published without +proper copyright notice by authority of the proprietor of copyright in the +original. This was held in 1892, in Lucas <i>v.</i> Williams, by the +Queen's Bench, where a photograph from an engraving was held an +infringement of the original painting; and the decision of Judge McPherson +in the U. S. Circuit Court in Pennsylvania non-suiting, in Champney +<i>v.</i> Haag, in 1903, the proprietor of a copyright painting because +the offending photograph infringed only the copyrighted photograph from +which it was directly taken, is not considered good law. A photograph may +infringe the copyright in statuary, as was held in 1907, in Bracken +<i>v.</i> Rosenthal, in the U. S. Circuit Court.</p> + +<p class="sidenote"><a name="243b"></a>Alterations</p> + +<p>As to altered copies and alterations, there have been many judicial +decisions, the gist of which is that a copy is not less an infringement +because it alters details, provided there is copying of a substantial +part; that a copy in another medium not exactly reproducing the original +or a copy of it, is nevertheless an infringement; that a substantial +alteration, or adaptation of an existing work, may in itself be +copyrightable, but that slight alterations will not justify the +copyrighting of a work in the public domain; and that an artist has the +right to prevent alteration of his original work by a subsequent owner, as +involving <a name="Page_244" id="Page_244"></a><span class="pagenum">[Pg +244]</span> damage to his professional reputation. Where a copyrighted +portrait of Lillian Russell was combined with a portrait of another +actress, the composite photograph was held to be a violation of the +copyright, in Springer Lith. Co. <i>v.</i> Falk, in 1894, by the +U. S. Circuit Court of Appeals, through Judge Lacombe. So in the +English case of Bolton <i>v.</i> London Exhibitions Co., in 1898, where a +lithographer copied the outline of a lion from a copyrighted photograph, +and filled in details from natural histories in making a circus poster, +Justice Mathew in the Queen's Bench Division held that there had been +reproduction of the photograph and that a work of art had been "vulgarized +unlawfully." Where certain etchings and engravings had been copied by the +Brooklyn Photogravure Co., omitting the tints, plate mark and title, it +was held in 1892, in Fishel <i>v.</i> Lueckel, by Judge Townsend in the +U. S. Circuit Court in New York that this was an infringement; said +Judge Townsend: "The appropriation of a part of the work is no less an +infringement than the appropriation of the whole, provided 'the alleged +infringing part contains any substantial repetitions of any material parts +which are original and distinctive." And where a photograph of Julia +Marlowe was reproduced in a lithograph, with many points of dissimilarity, +some of them because of difference in process, it was held in Falk +<i>v.</i> Donaldson Lith. Co., in 1893, by Judge Townsend in the +U. S. Circuit Court in New York, that the differences did not +constitute a defense. In Dr. Gaunsaulus's book, "The Man of Galilee," +well-known pictures were altered substantially and artistically, as by the +omission of a spinning wheel from a picture of the Nativity. Copies made +from these illustrations were enjoined, though the original pictures were +non-copyrighted, in Monarch Book Co. <i>v.</i> Neil, in 1900, by <a +name="Page_245" id="Page_245"></a><span class="pagenum">[Pg +245]</span>Judge Grosscup in the U. S. Circuit Court in Illinois. But +a slight alteration, by the addition on the negative of a cane, thus put +into the hands of a person in a photograph not copyrighted in its original +form, was held not to justify copyright, in Snow <i>v.</i> Laird, in 1900, +by Judge Woods in the U. S. Circuit Court of Appeals. In the N. Y. +Supreme Court, in the common law case of Dodge <i>v.</i> Allied Arts Co., +in 1903, where the plaintiff had painted four historical scenes on +commission which the defendants proposed to have altered, an injunction +pending suit was granted by Judge McCall, thus upholding the common law or +equity right of an artist to be protected against such misuse of his +work.</p> + +<p class="sidenote"><a name="245a"></a>Remedies</p> + +<p>For the infringement of a work of art the copyright proprietor is +entitled (sec. 25) to an injunction, the forfeiture of infringing copies +and to damages "as well as all the profits ... or in lieu of actual +damages and profits such damages as to the court shall appear to be just," +not less than $250 nor more than $5000, except that "in the case of a +newspaper reproduction of a copyrighted photograph such damages shall not +exceed $200 nor be less than $50." These damages, within the limits +stated, may be assessed by the court in the case of painting, statue or +sculpture at ten dollars, and in the case of any other works at one +dollar, "for every infringing copy made or sold by or found in the +possession of the infringer or his agents or employees." Under the old +law, damages were confined to copies found in possession, and the courts +were constrained to apply this literally though in several recorded cases +with evident injustice.</p> + +<p class="sidenote"><a name="245b"></a>Artistic copyright term</p> + +<p>Copyright in artistic works in the United States has always been +covered under the general copyright acts, including the code of 1909 +providing for copyright for twenty-eight and renewal for a second <a +name="Page_246" id="Page_246"></a><span class="pagenum">[Pg +246]</span>twenty-eight years, and this is true also in Canada and +Newfoundland, where the term is for twenty-eight with renewal for fourteen +years. The Australian code of 1905 covers artistic copyright specifically +in part IV of the act, which provides for the general term of forty-two +years from "the making of the work" or life and seven years, whichever the +longer, but confines it to artistic work "which is made in Australia."</p> + +<p class="sidenote"><a name="246"></a>British practice</p> + +<p>Artistic copyright in Great Britain, on the contrary, has been +protected by several concurrent acts beginning with the engraving +copyright acts of 1734 and 1767 and including the prints copyright act of +1777, the sculpture copyright act of 1814, the prints and engravings +copyright (Ireland) act of 1836 and the fine arts copyright act of 1862 +covering paintings, drawings and photographs, previously +unprotected,—all forming part of the English law until repealed by +the new code. Under these several laws, the copyright term for paintings, +drawings and photographs has been the life of the author and seven years, +for engravings twenty-eight years from first publication and for sculpture +fourteen years from first publishing and renewal for fourteen years. Under +the act of 1862—which did not afford protection outside the United +Kingdom, as was affirmed by the Privy Council in 1903, upholding a +Canadian decision, in Graves <i>v.</i> Gorrie—copyright in artistic +works began with the making of the work wherever made (except that a +foreigner must be resident in England apparently at the time of making) +and did not depend upon publication; but the international copyright act +of 1844 nevertheless denied protection in Great Britain where a work was +first published in a country outside of treaty relations. Registration at +Stationers' Hall, at a cost of one shilling, has been a prerequisite to +protection. The right to copyright <a name="Page_247" +id="Page_247"></a><span class="pagenum">[Pg 247]</span>lapsed when the +original work was sold by the artist without previous registration or +written reservation, a provision applied in 1909 in Hunter <i>v.</i> +Clifford.</p> + +<p class="sidenote"><a name="247a"></a>Sculpture provisions</p> + +<p>An original work of sculpture was protected only if first published +within the British dominions, if by a British subject or resident, +provided it bore the proprietor's name and date of first publication; and +renewal for a second fourteen years was possible only if the author was +then alive and held the copyright. Toy soldiers, artistically modeled, +were protected in England as a work of sculpture by Justice Wright in +Britain <i>v.</i> Hanks, in 1902. Common law protected until and statute +law after publication, <i>i. e.</i> when the public in general is first +permitted to view the work.</p> + +<p class="sidenote"><a name="247b"></a>Engraving provisions</p> + +<p>An engraving was protected in Great Britain and Ireland, if first +published (and probably also made) within the British dominions, provided +it bore the proprietor's name and date of publication. Prints, as by +lithography or otherwise, were included with engravings; maps, charts and +plans were, however, included as books under the general copyright act. +Also engravings which are part of a book enjoy the wider protection of the +general copyright act. The sale of the plate of an engraving probably does +not transfer the copyright, unless intention to do so is clearly +evident.</p> + +<p class="sidenote"><a name="247c"></a>The new British code</p> + +<p>The new British code includes as an "artistic work" under the general +copyright provisions, "works of painting, drawing, sculpture and artistic +craftsmanship, and architectural works of art and engravings and +photographs." Architectural works are protected only as regards artistic +character or design as distinguished from process or methods of +construction. Photographs have the exceptional term of fifty years from +the making of the original negative, and the owner of such negative at the +time of making <a name="Page_248" id="Page_248"></a><span +class="pagenum">[Pg 248]</span>is considered the author. Registration is +no longer required.</p> + +<p class="sidenote"><a name="248a"></a>Foreign countries</p> + +<p>Works of art are protected in most foreign countries either impliedly +or specifically under general copyright legislation, although sometimes by +special laws. France covers artistic works "whatever may be the merit, use +or destination of the work"; the Scandinavian countries include +specifically drawings, etc., "not works of the fine arts"; in India +copyright is extended in industrial designs to "some peculiar shape or +form given an article, but not the article itself." Architectural works +are protected in France, Luxemburg and Brazil, but in most countries only +architectural plans, drawings, designs, figures, or models and not +buildings are covered. Geographical and topographical drawings and +technical drawings, maps and charts, illustrations, engravings, in some +cases lithographs, photographs, and negatives are among classes specified +in many countries. In some countries the term of copyright is different in +the case of artistic works. Luxemburg has the peculiar provision that +portraits may not be reproduced until twenty years after the death of the +person portrayed. Photographs are in several countries protected for a +shorter term, frequently five years from taking, publication or +registration as the case may be; in Norway the copyright may not extend +beyond the death of the photographer.</p> + +<p class="sidenote"><a name="248b"></a>Berne convention, 1886</p> + +<p>When the International Copyright Union was created at Berne in 1886, +artistic works were conjoined with literary works under like protection +throughout the convention and they were specified (art. IV) as covering +"works of design, painting, sculpture, and engraving; lithographs, +illustrations, geographical charts; plans, sketches, and plastic works +relative to geography, topography, architecture, <a name="Page_249" +id="Page_249"></a><span class="pagenum">[Pg 249]</span>or science in +general; in fact, every production whatsoever in the ... artistic domain +which can be published by any mode of impression or reproduction." In the +final protocol it was specifically provided: "(1) As regards article IV, +it is agreed that those countries of the Union where the character of +artistic works is not refused to photographs, engage to admit them to the +benefits of the Convention, from the date of its coming into effect. They +are, however, not bound to protect the authors of such works further than +is permitted by their own legislation, except in the case of international +engagements already existing, or which may hereafter be entered into by +them. It is understood that an authorized photograph of a protected work +of art shall enjoy legal protection in all the countries of the Union, as +contemplated by the said Convention, for the same period as the principal +right of reproduction of the work itself subsists, and within the limits +of private arrangements between those who have legal rights."</p> + +<p class="sidenote"><a name="249"></a>Paris declaration; 1896</p> + +<p>In the amendatory act adopted at Paris in 1896, the final protocol of +1886 was modified respecting architectural and photographic works as +follows (1, a, b): "In the countries of the Union in which protection is +accorded not only to architectural designs, but to the actual works of +architecture, those works are admitted to the benefit of the provisions of +the Convention of Berne and of the present additional act.</p> + +<p>"Photographic works, and those obtained by similar processes, are +admitted to the benefit of the provisions of these acts, in so far as the +domestic legislation allows this to be done, and according to the measure +of protection which it gives to similar national works.</p> + +<p>"It is understood that the authorized photograph <a name="Page_250" +id="Page_250"></a><span class="pagenum">[Pg 250]</span>of a protected work +of art enjoys legal protection in all the countries of the Union, within +the meaning of the Convention of Berne and the present additional act, as +long as the principal right of reproduction of this work itself lasts, and +within the limits of private conventions between those who have legal +rights."</p> + +<p class="sidenote"><a name="250a"></a>Berlin convention, 1908</p> + +<p>In the Berlin convention of 1908, artistic works were defined (art. 2, +par. 1) by specification as "drawings, paintings; works of architecture +and sculpture; engravings and lithographs; illustrations; geographical +charts; plans, sketches and plastic works relating to geography, +topography, architecture, or the sciences,"—thus covering +architectural works under general copyright. It was further provided by +the convention of 1908 (art. 2, par. 4) that "works of art applied to +industry are protected so far as the domestic legislation of each country +allows." And article 3 provided: "The present Convention applies to +photographic works and to works obtained by any process analogous to +photography. The contracting countries are pledged to guarantee protection +to such works."</p> + +<p class="sidenote"><a name="250b"></a>Exhibition not publication</p> + +<p>By the interpretative declaration adopted at Paris in 1896, it was +specifically provided (sec. 2): "By <i>published</i> works must be +understood works actually issued to the public in one of the countries of +the Union. Consequently,... the exhibition of a work of art, does not +constitute publication in the sense of the aforementioned Acts." In the +Berlin convention of 1908 it was similarly provided (art. 4, par. 4) that +"the exhibition of a work of art and the construction of a work of +architecture do not constitute publication."</p> + +<p class="sidenote"><a name="250c"></a>Pan American Union</p> + +<p>In the Pan American Union, the Buenos Aires convention of 1910 covers +artistic works on the same basis as literary works, without special +provisions.</p> + +<p><a name="Page_251" id="Page_251"></a><span class="pagenum">[Pg +251]</span></p> + +<h3 class="p4">XIV</h3> + +<h4>INFRINGEMENT OF COPYRIGHT: PIRACY, "FAIR USE" AND "UNFAIR +COMPETITION"</h4> + +<p class="p2 sidenote"><a name="251a"></a>Piracy</p> + +<p>The word "piracy," since that gentle craft has disappeared from the +high seas, has come commonly into use to mean free-booting with reference +to literary property. In this sense it is used as early as 1771 by +Luckombe in his history of printing, in which he says: "They ... would +suffer by this act of piracy, since it was likely to prove a very bad +edition." It was especially applied in America more or less jocularly in +the days when there was no legal protection for works by English authors, +to the reprinting chiefly of English novels without authority from or +payment to their authors, when publishers whose imprints were chiefly on +such reprints were commonly known as pirates. This secondary meaning has +been accepted by the dictionary makers, and the use by English law +authorities, and now in the new American code, of the phrases "pirated +works" and "piratical copies," gives the word specific legal +<i>status</i>. It is the comprehensive term now in common and legal use to +mean the stealing of an author's work by reprinting it in full or in +substantial part without the authority of the copyright proprietor, and is +in fact an infringement at wholesale or otherwise of the author's +exclusive right. This is of course prohibited by the law to the full +extent of its jurisdiction and is punishable as prescribed in the law.</p> + +<p class="sidenote"><a name="251b"></a>Test of piracy</p> + +<p>"The true test of piracy," said Judge Shipman in the U. S. Circuit +Court in 1875, in Banks <i>v.</i> McDivitt, is "whether the defendant has +in fact used the plan, <a name="Page_252" id="Page_252"></a><span +class="pagenum">[Pg 252]</span>arrangements and illustrations as the model +of his own book, with colorable alterations and variations, or whether his +work is the result of his own labor, skill and use of common materials and +common sources." Judge Story said in 1841, in Folsom <i>v.</i> Marsh: "If +so much is taken that the value of the original is sensibly diminished, or +the labours of the original author are substantially, to an injurious +extent, appropriated by another, that is sufficient in point of law to +constitute a piracy <i>pro tanto</i>. The entirety of the copyright is the +property of the author and it is no defence that another person has +appropriated a part and not the whole of any property."</p> + +<p class="sidenote"><a name="252"></a>Infringement in specific meaning</p> + +<p>Infringement is commonly taken to mean specific invasion of the +author's rights rather than wholesale piracy; and the question of what is +infringement or "literary larceny" is more often a question of the +interpretation of the facts than the construction of the statute. The +legal cases arising under infringement constitute a very large proportion +of copyright litigation, demanding as they do judicial determination as to +the acts complained of in each particular case. It is therefore impossible +in this volume to give citations or references for the hundreds of cases +recorded in the law reports or in the various works on copyright, but it +may be noted that the foot-note citations in MacGillivray's "Law of +copyright" cover a very large number of American as well as English cases. +No treatise on copyright can apply, however, in advance, the general +principles of copyright to the infinite variety of possible cases; and +only generalizations and a few illustrative cases can here be given.</p> + +<p class="sidenote"><a name="253a"></a>Questions of fact and intent</p> + +<p>Infringement is a question of fact rather than of intent. It is not a +valid defense that the infringer is ignorant; nor, on the other hand, can +any one be held for intention to infringe, where the act of infringement +<a name="Page_253" id="Page_253"></a><span class="pagenum">[Pg +253]</span>has not been accomplished. The new American code, nevertheless, +recognizes knowledge and intent in certain cases of punishment or damages +by the use of the words "willfully" and "knowingly." The letter of the law +is in general that the infringer must be held responsible and must make +good any damages suffered by the copyright proprietor, but proof that he +had no guilty knowledge or intent may effect mitigation of punitive +damages. The trend of court decisions and of judicial opinion does not +seem to be evident and consistent in this development; but it may perhaps +be said that while copyright law is more closely applied from the letter +of the statutes, in the legal aspect, the principles of equity have been +given freer play where the statute is not specific and definite. In 1899, +in Green <i>v. Irish Independent</i>, the English Court of Appeal held +that the proprietors of a newspaper who had printed an advertisement +containing an illustration which the advertiser had license to use only +for specified purposes, were liable for penalties, though they did not +know that the illustration was copyrighted; and in 1902, in American Press +Assoc. <i>v.</i> Daily Story Pub. Co., the U. S. Circuit Court of +Appeals held the defendants liable, though they had innocently copied from +a newspaper reprint which had inadvertently omitted the copyright notice. +But in 1898 Justice Mathew, in Bolton <i>v</i>. London Exhibitions, +declined to hold the defendants punishable, because they did not know that +the lithographer from whom they had ordered a poster had infringed the +copyright of a photograph.</p> + +<p class="sidenote"><a name="253b"></a>"Fair use"</p> + +<p>"Fair use" means quotation from or other use of an author's work within +the evident meaning or judicial construction of the copyright statute, and +is the usual answer of the defendant to a complaint that he has taken +without authority some portion of the author's <a name="Page_254" +id="Page_254"></a><span class="pagenum">[Pg 254]</span>work or utilized in +some way the result of the author's labors. The borderland between +infringement and "fair use" is peculiarly and necessarily one of +uncertainty, not so much because of ambiguity in the statute as of +difficulty in determining the extent of use within which it is said <i>non +curat lex</i>. No statute can be so clear or so complete as to obviate +questions of this kind. In general there must be copying of a material or +substantial part. What is a material or substantial part, constituting +infringement, is a difficult question of fact.</p> + +<p class="sidenote"><a name="254a"></a>Principle of infringement</p> + +<p>"Copying is not confined to literal repetition," said Judge Clifford, +in Lawrence <i>v.</i> Dana, in the U. S. Circuit Court in 1869, "but +includes also the various modes in which the matter of any publication may +be adopted, imitated, or transferred, with more or less colorable +alterations to disguise the source from which the material was derived; +nor is it necessary that the whole, or even the larger portion of the +work, should be taken in order to constitute an invasion of copyright." +The Chancery Division, through Lord Chief Justice Alverstone, took the +extreme course in Trengrouse <i>v.</i> "Sol" Syndicate, in 1901, of +holding a work an infringement, though less than a page was taken from the +plaintiff's football guide.</p> + +<p class="sidenote"><a name="254b"></a>Infringement by indirect +copying</p> + +<p>Infringement may be by indirect as well as by direct copying. In the +case of Cate <i>v.</i> Devon in 1889, in the Chancery Court, the defense +that the copying was not from the original copyright work but from a +newspaper reprint, was rejected. Infringement may be through quite a +different medium from the original; thus a shorthand reproduction of a +lecture on "The dog as the friend of man," published in a text-book of +shorthand, was held in the Chancery case of Nichols <i>v.</i> Pitman, in +1884, to be an infringement of the lecture as much as if in ordinary type.</p> + +<p class="sidenote"> <a name="255a"></a>Exceptions from infringement</p> + +<p><a name="Page_255" id="Page_255"></a><span class="pagenum">[Pg +255]</span>The doctrine of infringement cannot be invoked to obtain +monopoly of any particular subject, and the authorized biographer of +President Garfield was denied relief in 1889, in Gilmore <i>v.</i> +Anderson, when he sought to prevent the publication of a life of Garfield +by another writer. Nor will mere similarity of treatment of the same +subject constitute infringement. A copyright owner cannot prevent another +person from publishing the matter contained in his book, if invented or +collected independently, or from making "fair use" of its contents. Two +map-makers, collecting at first hand the same <i>data</i>, would naturally +make the same map, and each would equally be entitled to copyright. In +this respect, copyright law differs from patent law, where a first use +bars others from the same field. It has even been held that the collected +material might be used by a second compiler as a guide in a second +compilation, if subjected to original verification, as in the case of a +street directory. But in the case of rival Boston directories in 1905, the +U. S. Circuit Court of Appeals held, in Sampson & Murdock Co. +<i>v.</i> Seaver Radford Co., that a verification by actual canvass from a +list of discrepancies made up from the earlier work was beyond fair +use.</p> + +<p class="sidenote"><a name="255b"></a>Infringement by abridgment and +compilation</p> + +<p>Abridgments were construed by early English decisions not to be +infringements, and this precedent was followed, reluctantly and often with +protest, in later cases by English and American judges, as set forth in +the chapter on subject-matter. Later copyright provisions,—as by use +of the word "<i>retranchements</i>" in the Berne-Berlin conventions, and +the specific authorization in the American code "to make any other version +thereof," and for copyright of an abridgment of a work in the public +domain,—directly or by implication, make abridgment an infringement +and free the courts to take this view. <a name="Page_256" +id="Page_256"></a><span class="pagenum">[Pg 256]</span>Compilations also +constitute infringement if they extract substantial parts of a copyright +work, beyond the limits of "fair use," or even if they adopt the plan or +arrangement or bodily transfer the material of a copyright compilation of +non-copyright matter.</p> + +<p class="sidenote"><a name="256a"></a>Abridged compilations</p> + +<p>A curious complaint of infringement by abridgment was made in Gabriel +<i>v.</i> McCabe, in 1896, before Judge Grosscup in the U. S. Circuit +Court in Illinois, where the plaintiff had licensed the use of a copyright +song, "When the roll is called up yonder," in a collection of religious +poetry, "The finest of the wheat, no. 2," published by the defendant, who +included the song also in an abridged edition of this collection and in a +combined edition of this and another collection. Judge Grosscup held that: +"Future editions of a book may contain a composition published in an +earlier edition by license, even though parts of the earlier edition are +omitted.... To hold otherwise would practically forbid any new editions of +books of compilations, for the consent of all the authors contributing +could not, in many instances, be obtained." But if the collection had been +so abridged as to result in the publication of the song alone as sheet +music, it would have been an unfair use under the license.</p> + +<p class="sidenote"><a name="256b"></a>Separation of infringing parts</p> + +<p>The general principles as to quotation beyond "fair use" were well laid +down by Lord Chancellor Eldon, in the early English case of Mawman +<i>v.</i> Tegg, in 1826: "If the parts which have been copied cannot be +separated from those which are original, without destroying the use and +value of the original matter, he who has made an improper use of that +which did not belong to him must suffer the consequences of so doing. If a +man mixes what belongs to him with what belongs to me, and the mixture be +forbidden by law, he must again separate them, and he must bear all the +mischief and loss which the separation may occasion. <a name="Page_257" +id="Page_257"></a><span class="pagenum">[Pg 257]</span>If an individual +chooses in any work to mix my literary matter with his own, he must be +restrained from publishing the literary matter which belongs to me; and if +the parts of the work cannot be separated, and if by that means the +injunction, which restrained the publication of my literary matter, +prevents also the publication of his own literary matter, he has only +himself to blame."</p> + +<p class="sidenote"><a name="257a"></a>Law digests</p> + +<p>The difficult question of the extent to which a compiler may utilize +the materials of another has come especially to the front in the American +courts with reference to law digests and reports, within recent years. In +1896, in Mead <i>v.</i> West Pub. Co., concerning rival annotated editions +of "Stephen on pleading," then out of copyright, where the defendant's +editor admitted having clipped the text from the complainant's edition and +having obtained some ideas or suggestions from it, Judge Lochren, in the +U. S. Circuit Court in Minnesota, held that there was no infringement +because non-copyright matter could not be protected in a copyright work +from such clipping, because the defendant's notes were original even +though suggested from the other, and because the few errors and citations +in common were immaterial since there were many new citations and the work +was on the whole the result of original research. That bodily transfer of +citations is beyond "fair use" was emphasized by Judge Ray in White +<i>v.</i> Bender, in 1911.</p> + +<p class="sidenote"><a name="257b"></a>Proof from common errors</p> + +<p>As to proof from common errors, it had been held in 1895, in the case +of Chicago Dollar Directory Co. <i>v.</i> Chicago Directory Co., that the +later work, containing sixty-seven errors found in the other, was +evidently an infringement of the earlier compilation. In Bisel <i>v.</i> +Welsh, <i>Re</i> Brightly Pennsylvania reports, in 1904, the U. S. +Circuit Court held that repetitions of errors in citations were evidence +of infringement <a name="Page_258" id="Page_258"></a><span +class="pagenum">[Pg 258]</span>by the author of his own reports published +under an earlier contract by the plaintiffs; and in 1911, in Shepard +<i>v.</i> Taylor, Judge Hazel held that common errors were <i>prima +facie</i> proof of infringement.</p> + +<p class="sidenote"><a name="258a"></a>Infringement in part<br /> + +<a name="258b"></a>No infringement of piracies or frauds</p> + +<p>In the important case of West Pub. Co. <i>v.</i> Lawyers' Pub. Co., +where a collection of selected cases and a general digest were alleged to +be infringements of the plaintiff's reports and monthly digests, Judge +Coxe in the U. S. Circuit Court enjoined 303 proved "instances of +piracy" but not the remaining portions of the digest, but in 1897 the +U. S. Circuit Court of Appeals, through Judge Lacombe, held that +under such circumstances the burden of proof must be on the unfair user +and broadened the decision by issuing an injunction against the work as a +whole, excepting those parts which were public property. In 1910, in Park +& Pollard <i>v.</i> Kellerstrass, Judge Philips enjoined the whole +work because the infringing parts were not separable. In 1903, in Thompson +Co. <i>v.</i> American Law Book Co., where the editor of the defendant's +law encyclopædia had made a list of cases cited in complainant's work, +which included material "pirated" by the complainant from copyright works, +the Circuit Court of Appeals, reversing the lower court, held through +Judge Coxe that there was no infringement, because the only use made of +the list was to guide the defendant to the reports and because the +complainant had no standing in equity. "If the defendant was guilty of +piracy, so was the complainant; and equity will not protect a pirate from +infringements of his piratical work." To like effect in Slingsby <i>v.</i> +Bradford Co., in 1905, Justice Warrington, in the Chancery Division, held +that the plaintiff could not recover against an evident copying because +his own catalogue was fraudulent in advertising as patented articles not +so protected, and a fraud will not be protected. In <a name="Page_259" +id="Page_259"></a><span class="pagenum">[Pg 259]</span>the later case of +West Pub. Co. <i>v</i>. Thompson Co., where the publishers of the original +reports and digests sought to restrain the Thompson encyclopædias, the +Circuit Court of Appeals held that while a compiler may use a copyright +digest by making lists from which to run down cases, which is "fair use," +extensive copying or paraphrasing of the language of the digest, whether +to save literary work or mechanical labor, constitutes an infringement. +The case was sent back to the lower court for rehearing and assessment of +damages and was settled in 1911 by an agreement involving transfer of the +encyclopædia to the plaintiff. Reference to a copyright work giving +pagination is not an infringement, as was decided in 1909, in Banks Law +Pub. Co. <i>v.</i> Lawyers Co-operative Pub. Co., in the U. S. +Circuit Court of Appeals.</p> + +<p class="sidenote"><a name="259a"></a>Quotation</p> + +<p>Whether simple quotation constitutes an infringement or is "fair use," +depends upon extent and in some respects upon purpose. In 1892 Justice +North, in the English Court of Chancery, in Walter <i>v.</i> Steinkopff, +held that the use by the <i>St. James Gazette</i> of two fifths of an +article by Kipling, copyrighted by the <i>Times</i>, was beyond "fair use" +of quotations, notwithstanding the newspaper custom of copying from one +another. On the other hand, quotations in a review of a book made to +reasonable extent for the purposes of criticism, have usually been +considered "fair use," provided they do not go to the extent of a +description or abridgment which would be measurably a substitute for the +book.</p> + +<p class="sidenote"><a name="259b"></a>Private use</p> + +<p>The multiplication of copies by handwriting or other process for +private use, as among the members of an orchestra or in a business office, +has been held an infringement in English decisions, though prohibition of +the making of a single copy for personal use would be an extreme +application of this doctrine, <a name="Page_260" id="Page_260"></a><span +class="pagenum">[Pg 260]</span>and such use is specifically permitted in +the new English code.</p> + +<p class="sidenote"><a name="260a"></a>The doctrine of "unfair +competition"</p> + +<p>Beyond the purview of copyright law, there is a means of legal remedy +for the copyright proprietor which can be enforced by state as well as by +federal courts, resting either upon statutes outside the copyright law, or +on the general principles of equity. This is the application of the +doctrine of "unfair competition" especially in cases involving "fraud" or +fraudulent representation, direct or implied, leading the purchaser to buy +something other than what he supposes he is buying. Thus if a publisher +prints and binds a book with a title and in a style that leads a purchaser +to suppose that it is another book which he is buying, the publisher of +the other book has the right to obtain equitable relief by an injunction +from the transgressor on the ground of unfair competition without any +reference to copyright law, although this doctrine is more applied in the +case of patents, trade-marks and copyrights than perhaps any other +field.</p> + +<p class="sidenote"><a name="260b"></a>The doctrine of deceptive +intent</p> + +<p>There is also evident a growing tendency on the part of the courts to +protect the public from possible deception especially if done with +fraudulent intent, where some distinctive name or symbol or form +associated with some line of product is used for another line of product +of different origin and character, though there may be here no direct +competition; but this comparatively new doctrine is more likely to be used +in regard to trade-mark articles than in respect to literary and like +property. It might, however, apply in a case where a well-known publishing +house had published, for instance, a popular series of school books as +Smith's Arithmetical Readers and another firm containing the same name had +started to publish a Smith's Algebraic Readers—but the application +would be extremely doubtful. </p> + +<p class="sidenote"> <a name="261a"></a>The "Chatterbox" cases</p> + +<p><a name="Page_261" id="Page_261"></a><span class="pagenum">[Pg +261]</span>In the Chatterbox cases, 1884-1887, previously referred to, the +final decision of Judge Shipman emphasized the view that the use of the +title "Chatterbox" on a similar publication was misleading to the public, +thus bringing both trade-mark law and common law protection to the rescue +against unfair competition.</p> + +<p class="sidenote"><a name="261b"></a>Encyclopædia Britannica cases</p> + +<p>In the series of Encyclopædia Britannica cases, 1890-1904, the English +publishers Black or their American representatives Scribner sought to +protect in this country the English edition, or an American authorized +edition, under the copyright law previous to 1891, copyrighted articles by +Americans being included, and under common law because of the alleged +fraudulent misuse of the name to mislead the public. In 1893, in Black +<i>v.</i> Allen, Judge Townsend held that the use of copyrighted material +in a non-copyright work did not vitiate the copyright, that the American +author was entitled to secure and protect copyright even though the right +to use was assigned to an English house which could not directly secure +copyright, and that the fact of discrepancy in the title of the +copyrighted articles as registered for copyright on separate publication +and deposit and in the cyclopædia, did not endanger the copyright. In +1904, in Encyclopædia Britannica Co. <i>v.</i> Tribune Association, Judge +Lacombe in the U. S. Circuit Court enjoined condensations of the +copyrighted American articles. But in Black <i>v.</i> Ehrich and other +cases, the complainants were not successful in obtaining an injunction +against the use of the title Encyclopædia Britannica on reprints of +non-copyright material which did not mislead the public.</p> + +<p class="sidenote"><a name="261c"></a>Webster Dictionary cases</p> + +<p>In the Webster Dictionary cases in 1890-1909, a long litigation between +the Merriams, as authorized publishers of Webster, and Ogilvie and other +defendants, the courts held that the use of the name Webster <a +name="Page_262" id="Page_262"></a><span class="pagenum">[Pg 262]</span>or +the title Webster's Dictionary could not be restrained when used in +connection with a reprint of the original Webster Dictionary, then out of +copyright, or otherwise in a manner not likely to mislead the public; but +injunctions were granted and sustained against the use of these names on +dictionaries issued in form so like the Merriam editions as to deceive the +public, or in connection with misleading advertisements or circulars.</p> + +<p class="sidenote"><a name="262a"></a>"Old sleuth" cases</p> + +<p>In 1888-1890 George Munro, publisher of the "Old sleuth" detective +series, sought in actions against several defendants to protect the use of +the name "Sleuth" and was upheld in the N. Y. Supreme Court in separate +decisions by Judges Andrews, O'Brien, and Patterson, while in one of the +cases Judge Ingraham held that "sleuth" was a dictionary word and could +not be protected; in 1889 the N. Y. Court of Appeals through Chief Judge +Parker decided that the name "Sleuth" was protectable, and in 1890 Judge +Macomber of the N. Y. Supreme Court held that "Sleuth" was properly a +subject of trade-mark. But in 1890 also, Judge Shipman in the U. S. +District Court dismissed the complaint in another Munro case, as to an +illustration picturing "Old Sleuth," on the ground that though of the same +subject it was not of the same character. These cases illustrate the +difficulty of decisions in this borderland of equity.</p> + +<p class="sidenote"><a name="262b"></a>Other title decisions</p> + +<p>In 1894 Judge Green, in the U. S. Circuit Court in New Jersey, in +Social Register Association <i>v.</i> Howard, protected on grounds of +equity the title "Social register" as descriptive of a social directory +covering Orange, N. J., and enjoined the use of "Howard's Social register" +as unfair competition. In 1887 the Harper house, as publishers of the +<i>Franklin Square Library</i>, obtained from the U. S. Circuit +Court, through Judge Waite, an injunction against the <a name="Page_263" +id="Page_263"></a><span class="pagenum">[Pg 263]</span>Franklin Square +Library Company for violation of their trade-mark rights in the name.</p> + +<p class="sidenote"><a name="263a"></a>Rebound copies</p> + +<p>Where the American Book Co. brought suit against Doan & Hanson, who +had restored and rebound used copies of school books, the U. S. +Circuit Court of Appeals held in 1901 that there was no violation of law, +but required notice that the books were second-hand copies by conspicuous +stamp on the cover. In 1891 the Pennsylvania Supreme Court, in Dodd +<i>v.</i> Smith, declined to grant Dodd, Mead & Co. an injunction +against rebinders who had purchased from them sheets of a fifty-cent +paper-covered edition of a novel by E. P. Roe and bound these in cloth to +sell at sixty cents in competition with the plaintiff's $1.50 cloth +edition.</p> + +<p class="sidenote"><a name="263b"></a>The Kipling case</p> + +<p>In 1899 G. P. Putnam's Sons purchased from Kipling's authorized +publishers sheets of twelve volumes, added three volumes of non-copyright +or otherwise authorized material and published the fifteen volumes, +"Brushwood edition," of Kipling's works, with the design of an elephant's +head on the binding. Kipling sought an injunction for infringement of +copyright, use of trade-mark and unfair competition with the "Outward +bound edition" of his works, which also bore an elephant's head. In 1903 +the U. S. Circuit Court of Appeals, through Judge Coxe, affirmed a +decision holding as "a well-recognized principle of law" that "the +defendants, having purchased unbound copyrighted volumes, were at liberty, +so far as the copyright statute is concerned, to bind and resell them"; +that the elephant's head, not being a registered trade-mark, could not be +protected as a trade-mark; and that there was no similarity of editions +constituting unfair competition. But in 1907, in Dutton <i>v.</i> Cupples +& Leon, the plaintiffs obtained damages for a series of books closely +imitating the <a name="Page_264" id="Page_264"></a><span +class="pagenum">[Pg 264]</span>get-up of their "Gem" or "Dainty" series. +Passing off, however, cannot be made ground of action when material +protectable by copyright has not been copyrighted, as was held in 1908, in +Bamforth <i>v.</i> Douglas Post Card Co., by Judge McPherson in the +U. S. Circuit Court.</p> + +<p class="sidenote"><a name="264a"></a>Burlesqued title</p> + +<p>The suit to enjoin the use of a reversed or burlesque title, when the +<i>Boston Herald</i> printed, under the title of "Letters of a son to his +self-made father," a skit on Lorimer's "Letters of a self-made merchant to +his son," was denied by Judge Morton in the Massachusetts Supreme Court in +1903 as involving no deception.</p> + +<p class="sidenote"><a name="264b"></a>The Drummond case</p> + +<p>In 1894 Henry Drummond, a British subject, obtained from Judge Dallas, +in the U. S. Circuit Court, an injunction restraining Henry Altemus +from publishing what purported to be exact reports of twelve lectures, of +which eight only had been imperfectly reported in the <i>British +Weekly</i>, on the ground that the author had a common law right to +restrain the publication "of any literary matter as the plaintiff's, which +was not actually his creation, and to prevent fraud."</p> + +<p class="sidenote"><a name="264c"></a>The new British code</p> + +<p>The new British measure comprehensively defines infringement as the +doing without consent of the owner of the copyright of "anything the sole +right to do which is by this act conferred on the owner of the copyright," +but specifically excepts (1) fair dealing for private study, research, +criticism, review or newspaper summary; (2) use by an artist of sketches, +etc., made for a work of which he has sold the copyright, provided he does +not repeat or imitate that work; (3) graphic reproduction of objects, or +photographing of paintings, etc., in a public place; (4) limited extracts +for use in school books; (5) report of lectures unless prohibited by +placard; (6) reading or recitation of reasonable extracts.</p> + +<p><a name="Page_265" id="Page_265"></a><span class="pagenum">[Pg +265]</span></p> + +<h3 class="p4">XV</h3> + +<h4>REMEDIES AND PROCEDURE</h4> + +<p class="p2 sidenote"><a name="265a"></a>Protection and procedure</p> + +<p>It was for the protection of copyrights that the statute of Anne was +passed and that statutory law thus began to replace English common +law—a gain to authors sadly offset by its losses. But it was +undoubtedly true that without statutory provision the proprietor of +literary and similar property could not obtain the protection necessary +for the enforcement of his rights. The new American code is comprehensive, +detailed and specific in its legal provisions for protection and +procedure, and in respect to punishment far beyond any copyright +legislation on the statute books of any other nation.</p> + +<p class="sidenote"><a name="265b"></a>Injunction</p> + +<p>The first protection given by the statute is the injunction usual in +equity proceedings, following the precedent of early legislation.</p> + +<p class="sidenote"><a name="265c"></a>Damages</p> + +<p>Under previous American law, damages were levied primarily on +infringing copies found in possession of the infringer or his agents, with +the unfortunate result that when an infringer was successful in selling +his edition, few, if any, copies were found on which to levy damages. The +new code thoroughly corrects this defect by providing for specified +damages on infringing copies "made or sold by or found in the possession +of the infringer or his agents or employees." The plaintiff is entitled to +damages and all profits and is required only to prove sales, while the +defendant is required to prove the elements of cost. The +damages—assessed as such and not as penalties so as to free +copyright litigation from the restrictions of penal proceedings—are +stated as one <a name="Page_266" id="Page_266"></a><span +class="pagenum">[Pg 266]</span>dollar for each infringing copy, except +copies of a painting, statue or sculpture on which they are ten dollars +per copy; fifty dollars for each infringing delivery of an oral work; one +hundred dollars for the first and fifty dollars for each subsequent +infringing performance of a dramatic, dramatico-musical, choral or +orchestral work; and ten dollars for each infringing performance of any +other musical work. These damages shall not be less than $250 or more than +$5000 in any one case, with the exception that for a newspaper +reproduction of a photograph the minimum shall be fifty dollars and the +maximum two hundred dollars, a concession insisted upon by newspaper +proprietors.</p> + +<p class="sidenote"><a name="266a"></a>One suit sufficing</p> + +<p>Injunction, damages and profits, and delivery of infringing copies or +means of production, are covered in the single suit to protect the +copyright.</p> + +<p class="sidenote"><a name="266b"></a>Deposit of infringing articles</p> + +<p>During the pendency of an action the defendant may be required to +deposit all articles alleged to infringe copyright, making oath that he +has deposited all such, under regulations for his protection prescribed, +as the law directs, by the Supreme Court, which regulations are given in +full in the appendix of this volume; and when such articles are adjudged +to be infringements, he must deliver up for destruction not only such +infringing copies or devices, but also all plates, molds, matrices or +other means for making such infringing copies as the court may order, +making oath that he has delivered up all such.</p> + +<p>The text covering these provisions, with the exception of subsection +(e), referring to mechanical musical reproductions, given in the chapter +on that subject, is as follows:</p> + +<p>"(Sec. 25.) That if any person shall infringe the copyright in any work +protected under the copyright laws of the United States such person shall +be liable: </p> + +<p class="sidenote"> <a name="267"></a>Remedies specified</p> + +<p><a name="Page_267" id="Page_267"></a><span class="pagenum">[Pg +267]</span>"(a) To an injunction restraining such infringement;</p> + +<p>"(b) To pay to the copyright proprietor such damages as the copyright +proprietor may have suffered due to the infringement, as well as all the +profits which the infringer shall have made from such infringement, and in +proving profits the plaintiff shall be required to prove sales only and +the defendant shall be required to prove every element of cost which he +claims, or in lieu of actual damages and profits such damages as to the +court shall appear to be just, and in assessing such damages the court +may, in its discretion, allow the amounts as hereinafter stated, but in +the case of a newspaper reproduction of a copyrighted photograph such +damages shall not exceed the sum of two hundred dollars nor be less than +the sum of fifty dollars, and such damages shall in no other case exceed +the sum of five thousand dollars nor be less than the sum of two hundred +and fifty dollars, and shall not be regarded as a penalty:</p> + +<p>"First. In the case of a painting, statue, or sculpture, ten dollars +for every infringing copy made or sold by or found in the possession of +the infringer or his agents or employees;</p> + +<p>"Second. In the case of any work enumerated in section five of this +Act, except a painting, statue, or sculpture, one dollar for every +infringing copy made or sold by or found in the possession of the +infringer or his agents or employees;</p> + +<p>"Third. In the case of a lecture, sermon, or address, fifty dollars for +every infringing delivery;</p> + +<p>"Fourth. In the case of dramatic or dramatico-musical or a choral or +orchestral composition, one hundred dollars for the first and fifty +dollars for every subsequent infringing performance; in the case of <a +name="Page_268" id="Page_268"></a><span class="pagenum">[Pg +268]</span>other musical compositions, ten dollars for every infringing +performance;</p> + +<p class="sidenote"><a name="268a"></a>Impounding</p> + +<p>"(c) To deliver up on oath, to be impounded during the pendency of the +action, upon such terms and conditions as the court may prescribe, all +articles alleged to infringe a copyright;</p> + +<p>"(d) To deliver up on oath for destruction all the infringing copies or +devices, as well as all plates, molds, matrices, or other means for making +such infringing copies as the court may order;</p> + +<p class="sidenote"><a name="268b"></a>Supreme Court rules</p> + +<p>"Rules and regulations for practice and procedure under this section +shall be prescribed by the Supreme Court of the United States," for which +see appendix.</p> + +<p class="sidenote"><a name="268c"></a>Court jurisdiction</p> + +<p>The Circuit Court, or District or other courts having circuit +jurisdiction, of the United States, have original jurisdiction "of all +suits at law or in equity arising under the patent or copyright laws of +the United States" with appeal or writ of error to the Supreme Court of +the United States. Copyright cases are brought in the first instance +before a single judge sitting in Circuit Court or District Court, and +thence are appealed to the Circuit Court of Appeals consisting of three or +more circuit judges, and thence again to the United States Supreme Court, +the final authority. These federal courts have sole jurisdiction under the +copyright law as such; but copyright cases are often adjudicated in State +courts on questions arising under the law of contracts or other statute or +common law, regard being always given to the decisions of the federal +courts as to copyright questions proper which may be involved. In other +words, the State courts do not pass upon copyright law, but may apply, +within the respective states, the copyright decisions of federal courts. +Thus in Hoyt <i>v.</i> Bates, in 1897, Judge Putnam in the U. S. +Circuit Court in Massachusetts remanded the case back to the State <a +name="Page_269" id="Page_269"></a><span class="pagenum">[Pg +269]</span>courts because the question was not under the copyright law as +such, but regarding the ownership of copyright property. In this case the +author of a play "A black sheep," containing a song "Sweet Daisy Stokes," +licensed the defendant to print the song. The defendant copyrighted the +song and the plaintiff sued to compel him to assign his copyright. The +case illustrates the respective jurisdictions of federal and State courts +in copyright matters.</p> + +<p class="sidenote"><a name="269"></a>Limitation</p> + +<p>The United States courts have authority to enter the decrees necessary +to enforce the remedies provided by the law. Important provisions of the +new code provide that civil action in copyright cases may be brought "in +the district of which the defendant or his agent is an inhabitant or in +which he may be found"—thus preventing avoidance by the defendant +possible under earlier law; and also that any injunction granted in any +one district may be operative throughout the United States—a +provision adopted into the law from recent legislation intended to prevent +the evasion of injunctions, particularly by "fly by night" dramatic +companies passing from one state or court jurisdiction into another, but +usefully applicable also throughout the whole range of copyright +infringements. Criminal proceedings under the copyright act may not be +brought after three years from the commission of the offense.</p> + +<p>Under the former laws the District courts also had certain—or +uncertain—jurisdiction. The distinction between the District courts +and the Circuit courts of the United States, both of which are courts of +first instance, has been so complicated and uncertain as to be practically +impossible of statement—a situation which has led to a measure for +the abolition of the distinction and the provision of a single court in +each federal district having original jurisdiction in <a name="Page_270" +id="Page_270"></a><span class="pagenum">[Pg 270]</span>the first instance, +from which appeal will go to the Circuit Court of Appeals and thence to +the U. S. Supreme Court, or in certain cases direct to the Supreme +Court.</p> + +<p class="sidenote"><a name="270a"></a>Text of procedure provisions</p> + +<p>The text of these provisions is as follows:</p> + +<p>"(Sec. 26.) That any court given jurisdiction under section thirty-four +of this Act may proceed in any action, suit, or proceeding instituted for +violation of any provision hereof to enter a judgment or decree enforcing +the remedies herein provided.</p> + +<p class="sidenote"><a name="270b"></a>Proceedings united in one +action</p> + +<p>"(Sec. 27.) That the proceedings for an injunction, damages, and +profits, and those for the seizure of infringing copies, plates, molds, +matrices, and so forth, aforementioned, may be united in one action."</p> + +<p class="sidenote"><a name="270c"></a>Jurisdiction in copyright cases</p> + +<p>"(Sec. 34.) That all actions, suits, or proceedings arising under the +copyright laws of the United States shall be originally cognizable by the +circuit courts of the United States, the district court of any Territory, +the supreme court of the District of Columbia, the district courts of +Alaska, Hawaii, and Porto Rico, and the courts of first instance of the +Philippine Islands.</p> + +<p>"(Sec. 35.) That civil actions, suits, or proceedings arising under +this Act may be instituted in the district of which the defendant or his +agent is an inhabitant, or in which he may be found.</p> + +<p class="sidenote"><a name="270d"></a>Injunction provisions</p> + +<p>"(Sec. 36.) That any such court or judge thereof shall have power, upon +bill in equity filed by any party aggrieved, to grant injunctions to +prevent and restrain the violation of any right secured by said laws, +according to the course and principles of courts of equity, on such terms +as said court or judge may deem reasonable. Any injunction that may be +granted restraining and enjoining the doing of anything forbidden by this +Act may be served on the parties against whom such injunction may be +granted <a name="Page_271" id="Page_271"></a><span class="pagenum">[Pg +271]</span>anywhere in the United States, and shall be operative +throughout the United States and be enforceable by proceedings in contempt +or otherwise by any other court or judge possessing jurisdiction of the +defendants.</p> + +<p>"(Sec. 37.) That the clerk of the court, or judge granting the +injunction, shall, when required so to do by the court hearing the +application to enforce said injunction, transmit without delay to said +court a certified copy of all the papers in said cause that are on file in +his office.</p> + +<p class="sidenote"><a name="271a"></a>Appeal</p> + +<p>"(Sec. 38.) That the orders, judgments, or decrees of any court +mentioned in section thirty-four of this Act arising under the copyright +laws of the United States may be reviewed on appeal or writ of error in +the manner and to the extent now provided by law for the review of cases +determined in said courts, respectively.</p> + +<p class="sidenote"><a name="271b"></a>No criminal proceedings after three +years</p> + +<p>"(Sec. 39.) That no criminal proceeding shall be maintained under the +provisions of this Act unless the same is commenced within three years +after the cause of action arose."</p> + +<p class="sidenote"><a name="271c"></a>Strict compliance requisite</p> + +<p>The copyright statutes are construed strictly, by the letter of the +law, in respect to procedure as well as to other features. This is +especially the case in respect to forfeiture and penalties, as where, in +Falk <i>v.</i> Heffron, in 1893, 2400 copies of a copyright portrait of +Lillian Russell had been lithographed, twenty-one on a sheet. Judge +Wheeler in the U. S. Circuit Court in New York held with the jury +that only one dollar per sheet could be recovered as penalty, because the +law specified "sheets." In McDonald <i>v.</i> Hearst, in 1899, in the +U. S. Circuit Court in California, Judge DeHaven held that the +proprietor of the San Francisco <i>Examiner</i> could not be held liable +for copyright penalties because an employer could not be held to penal <a +name="Page_272" id="Page_272"></a><span class="pagenum">[Pg +272]</span>responsibility for the act of his agent. In a suit to obtain +damages based on forfeiture, in Wheeler <i>v.</i> Cobbey, in 1895, Judge +Shiras in the U. S. Circuit Court in Nebraska sustained a demurrer on +the ground that the damages asked for depended on forfeiture and could not +be obtained unless the actual forfeiture was had within the statutory +limit of two years. In Morrison <i>v</i>. Pettibone, in 1897, in the +U. S. Circuit Court in Illinois, Judge Seaman held that certain +sheets, seized during the process of lithographing, when only one color +had been printed, were not exact copies and therefore could not be +forfeited. In Bennett <i>v.</i> Boston <i>Traveler</i> Co., in 1900, the +Circuit Court of Appeals, through Judge Colt, refused relief because the +plaintiff had alleged infringement of a cartoon published in the New York +<i>Herald</i>, which was not specifically copyrighted, instead of alleging +infringement of the copyrighted newspaper of which it was a part. An +extreme case was that of Child <i>v.</i> N. Y. <i>Times</i> Co., in 1901, +where the plaintiff had purchased infringing copies from the defendant, in +which case Judge Hazel in the U. S. Circuit Court in New York held +that as these were not literally "found in possession" of defendant, a +penalty could not be collected. Several of these cases illustrate escapes +from justice which will not be possible under the code of 1909, which uses +broader phraseology. In Walker <i>v.</i> Globe Newspaper Co., in 1908, +where no copies of a pirated map were found in possession of the +defendants, the U. S. Supreme Court held that outside of statutory +remedies no suit for damages could be maintained.</p> + +<p class="sidenote"><a name="272"></a>Damage not penalty</p> + +<p>On the other hand, in the case of Brady <i>v.</i> Daly, which came +before the U. S. Supreme Court in 1899, the defendants, on a question +of jurisdiction, raised the issue that the old law provided for a penalty +and <a name="Page_273" id="Page_273"></a><span class="pagenum">[Pg +273]</span>not for damages, in denying which Justice Peckham held that: +"The statute in using the word 'damages' did not mean a forfeiture or +penalty, as it is difficult to prove the exact amount which the proprietor +of a play may suffer by reason of an infringement. It is probable that +Congress intended to provide a remedy so that the proprietor could recover +a certain amount of damages without proof of what his actual loss had +been. In the face of the difficulty of determining the amount of damages, +a minimum sum is provided in any case, with the possibility of recovering +a larger amount on proof of greater damage. The idea of punishment is not +so much suggested as the desire to provide for compensation to the +proprietor." This rule was applied by Judge Lacombe in Patterson <i>v</i>. +Ogilvie, in 1902.</p> + +<p class="sidenote"><a name="273"></a>Other procedure decisions</p> + +<p>In the case of Falk <i>v.</i> Curtis Pub. Co., which came before the +U. S. Circuit Court in Pennsylvania twice in 1900, some important +decisions or indications as to copyright procedure were given. The defense +that under the copyright act the words "any person" did not include a +corporation was overruled by Judge Dallas on the ground that the general +statute specifically construed the word "person" to extend to partnerships +and corporations. In this case an action to recover penalties and an +action to replevin copies in possession were started independently and +simultaneously, and the Circuit Court of Appeals through Judge Buffington +affirmed the decision that as the penalties under the old act were +restricted to copies "found in possession," the suit for penalties was +premature. In the later case of Rinehart <i>v.</i> Smith, also in the +Pennsylvania circuit, it was pointed out that an action for replevin was +not the proper form of suit because in such actions bonds might be given +and the forfeiture of copies thus be barred; and in Hegeman <i>v.</i> <a +name="Page_274" id="Page_274"></a><span class="pagenum">[Pg +274]</span>Springer, the Circuit Court in New York held, in 1901, that a +replevin suit, involving prior demand, was not necessary and that the +copyright statute itself gave authority for an action for seizure without +previous demand, as would be necessary in replevin proceedings. It was +held, however, in the Illinois circuit in an earlier case, that a suit of +replevin will lie to enforce forfeiture under the copyright act. Several +of these perplexities, however, are removed by the code of 1909, which +expressly (sec. 27) authorizes the bringing together of all the remedies +in one action.</p> + +<p class="sidenote"><a name="274a"></a>Preventive action</p> + +<p>That there can be no infringement of copyright by acts committed before +the copyright was obtained, was decided in 1900 in the U. S. Circuit +Court in the case of Maloney <i>v.</i> Foote, where the two parties were +jointly engaged in preparing directories, and the plaintiff obtained the +copyright and brought suit for infringement for the prior use of material, +the question being of contract and not of copyright. On the other hand, as +far as practicable, "it is the policy of the law to arrest the pirate +before he actually makes off with the plunder," said Judge Coxe in the +U. S. Circuit Court of Appeals, in Gannet <i>v.</i> Rupert, in +1904.</p> + +<p class="sidenote"><a name="274b"></a>Party in suit</p> + +<p>In 1903, in Champney <i>v.</i> Haag, it was held in the U. S. +Circuit Court in Pennsylvania, that though a copy of a photograph of a +copyright painting was an infringement, it was not the owner of the +original copyright but the owner of the photograph who must sue—but +this is contrary to the English ruling case of Lucas <i>v.</i> Williams, +and is probably not good law.</p> + +<p class="sidenote">Suit for injury to reputation</p> + +<p>A curious case arose in England in 1892 as to the rights of an author +after publication and transfer of copyright, in Lee <i>v.</i> Gibbings, +where the plaintiff had prepared for the defendant, a publisher, at an +agreed price, an edition with introduction of Lord Herbert's +autobiography, which the defendant reissued in a <a name="Page_275" +id="Page_275"></a><span class="pagenum">[Pg 275]</span>condensed edition +without the introduction and other matter by the author, though retaining +his name. The author sued to restrain the condensation as an injury to his +reputation, but Justice Kekewich in the Chancery Division held that this +should be a suit for libel and not under copyright, and declined to enjoin +the defendant before the question whether this was actually a libel was +settled.</p> + +<p class="sidenote"><a name="275a"></a>Damages in willful case</p> + +<p>In a case of evident bad faith in wholesale copying, the U. S. +Circuit Court in Hartford Printing Co. <i>v.</i> Hartford Directory Co. +awarded as damages the gross receipts less estimated cost.</p> + +<p class="sidenote"><a name="275b"></a>Penal provisions</p> + +<p>The provisions for collecting damages and profits are supplemented in +case of infringement, willfully and for profit, by penal provisions which +make the offense a misdemeanor punishable by imprisonment not exceeding +one year or fine not less than $100 or more than $1000, or both, in the +discretion of the court, according to the following provision (sec. +28):</p> + +<p class="sidenote">Penalty for willful infringement</p> + +<p>"That any person who willfully and for profit shall infringe any +copyright secured by this Act, or who shall knowingly and willfully aid or +abet such infringement, shall be deemed guilty of a misdemeanor, and upon +conviction thereof shall be punished by imprisonment for not exceeding one +year or by a fine of not less than one hundred dollars nor more than one +thousand dollars, or both, in the discretion of the court."</p> + +<p>This provision (sec. 28) includes however a proviso exempting from +prevention or punishment the performance of certain musical works for +charitable or educational purposes and not for profit, which proviso is +given in full in the chapter on dramatic and musical copyright.</p> + +<p class="sidenote"><a name="276a"></a>Penalty for false notice of +copyright</p> + +<p>Provision is also made in the new statute for the punishment by fine, +but not by imprisonment, of any <a name="Page_276" id="Page_276"></a><span +class="pagenum">[Pg 276]</span>person who with fraudulent intent affixes a +copyright notice or its equivalent on an uncopyrighted work, or removes or +alters the copyright notice in a copyrighted work, the fine being not less +than $100 nor more than $1000; and of any person who shall knowingly +issue, sell or import any article bearing notice of United States +copyright which has not been copyrighted in this country, the fine in this +case being $100, according to these provisions:</p> + +<p>"(Sec. 29.) That any person who, with fraudulent intent, shall insert +or impress any notice of copyright required by this Act, or words of the +same purport, in or upon any uncopyrighted article, or with fraudulent +intent shall remove or alter the copyright notice upon any article duly +copyrighted shall be guilty of a misdemeanor, punishable by a fine of not +less than one hundred dollars and not more than one thousand dollars. Any +person who shall knowingly issue or sell any article bearing a notice of +United States copyright which has not been copyrighted in this country, or +who shall knowingly import any article bearing such notice or words of the +same purport, which has not been copyrighted in this country, shall be +liable to a fine of one hundred dollars."</p> + +<p>Further provisions as to importation are given in the chapter on that +subject.</p> + +<p class="sidenote"><a name="276b"></a>Allowance of costs</p> + +<p>In addition to injunction, damages and profits, delivery of copies, +etc., the courts may allow costs inclusive of attorney's fees as +provided:</p> + +<p>"(Sec. 40.) That in all actions, suits, or proceedings under this Act, +except when brought by or against the United States or any officer +thereof, full costs shall be allowed, and the court may award to the +prevailing party a reasonable attorney's fee as part of the costs."</p> + +<p>It seems impracticable and undesirable to attempt in this chapter a +statement of the procedure under <a name="Page_277" +id="Page_277"></a><span class="pagenum">[Pg 277]</span>former copyright +laws in this country, or under the legal methods in vogue in other +countries, for which the legal authorities on local procedure and practice +should be consulted.</p> + +<p class="sidenote"><a name="277"></a>The new British code</p> + +<p>The new British measure provides the usual civil remedies of +injunction, damages, account and costs in the discretion of the court. The +author, or if no author the publisher whose name is indicated on the work, +is <i>prima facie</i> recognized as owner unless the contrary is proved. +Infringing copies or plates become the property of the copyright owner. If +the infringer proves ignorance, only an injunction will hold. In +architectural works, after construction has been commenced, damages and +not an injunction are provided for. Actions must be commenced within three +years. Summary conviction is provided for in the case of any person +knowingly and for profit or trade making, offering, distributing, +exhibiting or importing infringing copies or making or having in +possession infringing plates with penalty of a fine not exceeding fifty +pounds, or in case of a second offense, imprisonment not exceeding two +months, as also destruction or delivery up to owner of the copyright. The +summary provisions of the musical copyright acts of 1902 and 1906 remain +unrepealed.</p> + +<p>Under previous law there had been two notable cases of criminal +punishment for conspiracy. In 1906, <i>Re</i> Willets against a +combination among cheap music publishers, where the Common Serjeant +sentenced the vendors to nine months' imprisonment, and in 1910, <i>Re</i> +Bokenham, where pirates who had conspired to print surreptitiously +obtained copies of Oscar Wilde's poem "De Profundis," were also sentenced +to six months and lesser periods.</p> + +<p><a name="Page_278" id="Page_278"></a><span class="pagenum">[Pg +278]</span></p> + +<h3 class="p4">XVI</h3> + +<h4>IMPORTATION OF COPYRIGHTED WORKS</h4> + +<p class="p2 sidenote"><a name="278a"></a>Copyright and importation</p> + +<p>The right to import a copyrighted book and, conversely, the right to +exclude importation are rights incident to the general "exclusive right" +of an author or copyright proprietor. This is recognized, in terms or +inferentially, in the copyright law of most countries; and the American +copyright code is exceptional and almost without precedent, save that of +the preceding American law of 1891, in specifically permitting the +importation of copyrighted books in stated cases, without the consent or +authority of the copyright proprietor.</p> + +<p class="sidenote"><a name="278b"></a>Fundamental right of exclusion</p> + +<p>As Senator O. H. Platt in the copyright debate of 1891 said: "The +fundamental idea of a copyright is exclusive right to vend, and the +prohibition against importation from a foreign nation is necessary to the +enjoyment of that right. The privilege of controlling the market is indeed +essential." The copyright laws of foreign countries, and our own copyright +legislation previous to 1891, carefully safeguard this right. When an +author cannot assure to an American publisher the American market he +cannot get from that publisher the price he would otherwise secure. In the +"international copyright amendment" of 1891, Congress accompanied the +manufacturing clause, which prohibited the importation of foreign copies +even with the consent of the author, by a proviso permitting certain +importations even without the consent of the author—on the +homœopathic principle of off-setting one restriction upon authors' +rights by another restriction upon authors' rights. </p> + +<p class="sidenote"> <a name="279a"></a>General prohibitions<br /> + +<a name="279b"></a>Exceptions permitted</p> + +<p><a name="Page_279" id="Page_279"></a><span class="pagenum">[Pg +279]</span>In general the law prohibits absolutely the importation of +"piratical copies" or of works bearing a false notice of United States +copyright; it also prohibits, even though with consent of the author and +the copyright proprietor, the importation in the case of works subject to +the manufacturing clause, of any copies not manufactured in this +country—but this prohibition does not apply to books in raised +characters for use of the blind; to foreign-made periodicals containing +authorized copyright matter; to authorized copies of a work in a foreign +language of which only an English translation has been copyrighted here; +or to authorized copies published abroad when imported under specified +exceptional circumstances. These exceptions permit the importation of +authorized copies for individual use and not for sale, not more than one +copy at a time (excepting a foreign reprint of a book by an American +author); or by or for the United States; or by or for stated educational +institutions, including libraries, not more than one copy at one time; or +when parts of collections or libraries purchased and imported <i>en +bloc</i>, or of personal baggage. Books imported under these exceptions +cannot be adduced in defense of infringements, as the law specifically +provides, <i>e.g.</i>, as when such a book contains no proper United +States copyright notice. Copies unlawfully imported may be seized and +forfeited like other contraband importations under regulations of the +United States Treasury, but it is provided that importations through the +mails or otherwise may be returned to the country from which the +importation is made on petition to the Secretary of the Treasury when +there is no evidence of negligence or fraud. The Secretary of the Treasury +and the Postmaster-General are jointly required to make regulations +against unlawful importation through the mails.</p> + +<p><a name="Page_280" id="Page_280"></a><span class="pagenum">[Pg 280]</span> +These provisions, it may be noted, are a singular mixture, almost without +precedent, of acceptance and denial of the "exclusive right" of the author +or copyright proprietor.</p> + +<p class="sidenote"><a name="280a"></a>Text provisions</p> + +<p>In respect to the importation of books in relation with copyright, the +provisions of the American code as to prohibition and limited permission +are specific and detailed, as follows:</p> + +<p class="sidenote"><a name="280b"></a>Prohibition of piratical copies</p> + +<p>"(Sec. 30.) That the importation into the United States of any article +bearing a false notice of copyright when there is no existing copyright +thereon in the United States, or of any piratical copies of any work +copyrighted in the United States, is prohibited.</p> + +<p class="sidenote"><a name="280c"></a>Permitted importations</p> + +<p>"(Sec. 31.) That during the existence of the American copyright in any +book the importation into the United States of any piratical copies +thereof or of any copies thereof (although authorized by the author or +proprietor) which have not been produced in accordance with the +manufacturing provisions specified in section fifteen of this Act, or any +plates of the same not made from type set within the limits of the United +States, or any copies thereof produced by lithographic or photo-engraving +process not performed within the limits of the United States, in +accordance with the provisions of section fifteen of this Act, shall be, +and is hereby, prohibited: <i>Provided, however</i>, That, except as +regards piratical copies, such prohibition shall not apply:</p> + +<p>"(a) To works in raised characters for the use of the blind;</p> + +<p>"(b) To a foreign newspaper or magazine, although containing matter +copyrighted in the United States printed or reprinted by authority of the +copyright proprietor, unless such newspaper or magazine contains also +copyright matter printed or reprinted without such authorization;</p> + +<p><a name="Page_281" id="Page_281"></a><span class="pagenum">[Pg 281]</span> +"(c) To the authorized edition of a book in a foreign language or +languages of which only a translation into English has been copyrighted in +this country;</p> + +<p>"(d) To any book published abroad with the authorization of the author +or copyright proprietor when imported under the circumstances stated in +one of the four subdivisions following, that is to say:</p> + +<p>"First. When imported, not more than one copy at one time, for +individual use and not for sale; but such privilege of importation shall +not extend to a foreign reprint of a book by an American author +copyrighted in the United States;</p> + +<p>"Second. When imported by the authority or for the use of the United +States;</p> + +<p class="sidenote"><a name="281"></a>Library importations</p> + +<p>"Third. When imported, for use and not for sale, not more than one copy +of any such book in any one invoice, in good faith, by or for any society +or institution incorporated for educational, literary, philosophical, +scientific, or religious purposes, or for the encouragement of the fine +arts, or for any college, academy, school, or seminary of learning, or for +any State, school, college, university, or free public library in the +United States;</p> + +<p>"Fourth. When such books form parts of libraries or collections +purchased en bloc for the use of societies, institutions, or libraries +designated in the foregoing paragraph, or form parts of the libraries or +personal baggage belonging to persons or families arriving from foreign +countries and are not intended for sale: <i>Provided</i>, That copies +imported as above may not lawfully be used in any way to violate the +rights of the proprietor of the American copyright or annul or limit the +copyright protection secured by this Act, and such unlawful use shall be +deemed an infringement of copyright.</p> + +<p class="sidenote"><a name="282a"></a>Seizure<br /> + +<a name="282b"></a>Return of importations</p> + +<p>"(Sec. 32.) That any and all articles prohibited <a name="Page_282" +id="Page_282"></a><span class="pagenum">[Pg 282]</span>importation by this +Act which are brought into the United States from any foreign country +(except in the mails) shall be seized and forfeited by like proceedings as +those provided by law for the seizure and condemnation of property +imported into the United States in violation of the customs revenue laws. +Such articles when forfeited shall be destroyed in such manner as the +Secretary of the Treasury or the court, as the case may be, shall direct: +<i>Provided, however</i>, That all copies of authorized editions of +copyright books imported in the mails or otherwise in violation of the +provisions of this Act may be exported and returned to the country of +export whenever it is shown to the satisfaction of the Secretary of the +Treasury, in a written application, that such importation does not involve +willful negligence or fraud.</p> + +<p class="sidenote"><a name="282c"></a>Rules against unlawful +importation</p> + +<p>"(Sec. 33.) That the Secretary of the Treasury and the +Postmaster-General are hereby empowered and required to make and enforce +such joint rules and regulations as shall prevent the importation into the +United States in the mails of articles prohibited importation by this Act, +and may require notice to be given to the Treasury Department or Post +Office Department, as the case may be, by copyright proprietors or injured +parties, of the actual or contemplated importation of articles prohibited +importation by this Act, and which infringe the rights of such copyright +proprietors or injured parties."</p> + +<p>Customs regulations as to importation of copyright articles and joint +customs and postal regulations as to such importation through the mails, +were issued under the law of 1909 under date of July 17, 1911, and are +given in the appendix. As the copyright law forbids importation of +copyright books not manufactured in this country, even with consent of the +copyright proprietor, the customs regulations provide <a name="Page_283" +id="Page_283"></a><span class="pagenum">[Pg 283]</span>that copies +imported with the copyright proprietor's assent shall be seized and +destroyed by the government, while copies imported without the copyright +proprietor's consent, being forfeited under the law to such proprietor, +must be held by the customs authorities pending suit for forfeiture by the +copyright owner or his abandonment of his right to such copies. Duties +collected on books thus unlawfully imported are not refunded.</p> + +<p class="sidenote"><a name="283a"></a>Supersedure of previous +provisions</p> + +<p>In relation especially to questions of importation, and in general, it +is of first importance to note that the present code superseded by repeal, +from July 1, 1909, all conflicting provisions, which practically means +all previous copyright legislation, and that except as to infringement +cases actionable at that date, the present code is the only copyright +law.</p> + +<p>The provision to this effect is (sec. 63): "That all laws or parts of +laws in conflict with the provisions of this Act are hereby repealed, but +nothing in this Act shall affect causes of action for infringement of +copyright heretofore committed now pending in courts of the United States, +or which may hereafter be instituted; but such causes shall be prosecuted +to a conclusion in the manner heretofore provided by law."</p> + +<p class="sidenote"><a name="283b"></a>Manufacturing clause affects +earlier copyrights</p> + +<p>This principle as construed by the Treasury Department (Treas. dec. no. +30316) especially affects copies whose <i>status</i> has been changed by +the new form of the manufacturing proviso (sec. 15). A modification adds +the condition that books must be printed from plates made from type set +within the United States and printed and bound in this country. The +Treasury Department has held in the case of an American edition of the +"Key of Heaven" copyrighted under the law of 1891, by Benziger Brothers, +of which sheets were sent abroad for binding, that the edition as <a +name="Page_284" id="Page_284"></a><span class="pagenum">[Pg +284]</span>bound abroad cannot be re-imported into the United States, +although the sheets were manufactured here under the provisions of the law +of 1891, previous to July 1, 1909. These books were accordingly denied +importation and had to be returned to the country whence they were +exported as bound. The opinion of Attorney-General Wickersham of November +17, 1909, on which the Treasury ruling was based, says:</p> + +<p>"This language [of sec. 31] clearly embraces every American copyright +in a book, regardless of whether that copyright was obtained under the +copyright laws embodied in the Revised Statutes, or the act of 1891, or +the copyright act of 1909. If the statute were otherwise, it would have +produced the anomalous condition that books copyrighted prior to March 3, +1891, would not be prohibited from importation by any manufacturing +provision; that books copyrighted after March 3, 1891, and prior to July +1, 1909, the date upon which the act of March 4, 1909, became effective, +would be prohibited unless printed from type set in the United States or +from plates made from type set in the United States, while books +copyrighted after July 1, 1909, would be prohibited if not printed from +type set in the United States or from plates made from type set therein, +and the printing and <i>binding</i> both performed within the limits of +the United States."</p> + +<p class="sidenote"><a name="284"></a>Importation of foreign texts</p> + +<p>Where a work in a foreign language is copyrighted in the United States, +it was held by the Secretary of the Treasury (Treas. dec. no. 22751) in +1901, on advice of the Attorney-General, under the act of 1891, in the +case of Rostand's "L'Aiglon," that the original French edition must be +denied importation under the prohibition feature of the manufacturing +clause; but, as under the new code of 1909, "the original text of a work +of foreign origin in a language <a name="Page_285" id="Page_285"></a><span +class="pagenum">[Pg 285]</span>other than English," is excepted from the +manufacturing clause, it follows that such original text cannot be denied +importation on copyright grounds, though importation might be restrained +as a matter of equity by an assignee who had bought for the American +market the right to publish here. In the case, however, of Liddel and +Scott's Greek-English Lexicon, of which an American edition was +copyrighted previous to the law of 1891, on a question raised by the +American Book Co., the Secretary of the Treasury held in 1901 (Treas. dec. +no. 22781) that the English edition could not be denied importation, as +the law previous to 1891 did not contain the prohibition incident to the +manufacturing clause. The Attorney-General in this case considered that +while the clause against importation, being remedial, might affect prior +copyright, yet as it particularly applied to books "so copyrighted" as not +to be imported during the existence of "such copyright," it should be +inferred that only books copyrighted under that act should be denied +importation—the law in general being prospective in its effect. +These two earlier opinions were taken into consideration in the opinion in +1909 by Attorney-General Wickersham, who held that the language of the new +code did not warrant the same construction.</p> + +<p class="sidenote"><a name="285"></a>Printing within country</p> + +<p>Under the law of 1891, the Secretary of the Treasury held in 1903 +(Treas. dec. no. 24742) that books printed abroad from type set or plates +made within the United States could not be prohibited importation under +the manufacturing clause; but the clause has been so amended in the code +of 1909 that printing in this country from type set within the United +States or from plates made within the country from type thus set, is +required as a condition of copyright, and copyright does not hold if any +of these three conditions <a name="Page_286" id="Page_286"></a><span +class="pagenum">[Pg 286]</span>be neglected. It follows that in the case +of books so copyrighted and manufactured, any other edition must be +prohibited importation.</p> + +<p class="sidenote"><a name="286a"></a>Innocent importation</p> + +<p>An English decision holds that an importer is not innocent because he +does not know that an importation includes copyright matter; and the +wording of our law implies the same, though an American decision held that +a partner or employer is not chargeable with statute penalties for acts +done without his knowledge by a partner or agent.</p> + +<p class="sidenote"><a name="286b"></a>Books not claiming copyright</p> + +<p>An indirect and significant effect of the manufacturing proviso, in the +nature of a "boomerang" to American industries, is to prevent the +copyrighting of works which might otherwise be partly manufactured in +America. Thus the American versions of the Book of Common Prayer and of +Church Hymnals no longer seek American copyright, because the thin paper +editions, as on "Oxford paper," are necessarily printed abroad and could +not be imported if there were copyright on other editions which might be +made in America. Baedeker's "United States," though dealing exclusively +with and chiefly sold in this country, is not copyrighted, being protected +rather by the cost of reproducing its German-made maps and text, and by +its repute as a guide book and characteristic form, which might under the +doctrine of "fair use" give its American publishers some common law +protection against imitators.</p> + +<p class="sidenote"><a name="286c"></a>Periodicals may be imported<br /> + +<a name="286d"></a>Composite books not admitted</p> + +<p>The code of 1909 permits the importation of periodicals containing +copyright matter authorized by the copyright proprietor, though not +manufactured in the United States, but this permissive exception does not +extend to composite books; and under the law of 1891 the Treasury +Department held that in the case of a book of poems, some of which were +copyrighted in the United States, the book could not be imported <a +name="Page_287" id="Page_287"></a><span class="pagenum">[Pg +287]</span>unless the parts containing copyrighted poems had been printed +from type set within the United States. Under this ruling, applied to the +present law, foreign-made copies of books containing American copyrighted +poems or other articles, must be denied importation, because these +copyrighted portions were not type-set, printed and bound in this country. +It is possible, however, that under the rule "<i>de minimis non curat +lex</i>," a court might not justify the prohibition of books incidentally +containing in small proportion poems, extracts or other negligible items +of American copyright. Thus if an English cyclopædia contained copyrighted +contributions by American authors, such cyclopædia would be denied +admission unless such contributions might be adjudged a negligible +proportion of the work.</p> + +<p class="sidenote"><a name="287"></a>Rebinding abroad</p> + +<p>The prohibition of importation under the manufacturing proviso of +copyrighted books not bound in this country, has been construed by the +Attorney-General, in an opinion of March 1, 1910 (given in Treas. dec. no. +30414), to refer to original bindings and not to rebindings. "Manifestly a +book is produced within the meaning of section 31 when it is printed and +bound; and the binding required to be done in the United States is the +original binding, the one which enters into the original production of the +book. When the manufacture of the book is thus completed it is entitled to +all the protection offered by the copyright laws, and it may be exported +and thereafter imported at the pleasure of the owner. There is, +furthermore, nothing in the act to indicate any intention that a book may +be deprived of this protection or right of importation when it has once +been acquired. If it shall become necessary or proper that the book be +rebound it is not thereby made a new book, but remains the same book, the +one that <a name="Page_288" id="Page_288"></a><span class="pagenum">[Pg +288]</span>was printed and originally bound in the United States as +required by the statute."</p> + +<p class="sidenote"><a name="288a"></a>Importation of non-copyright +translation</p> + +<p>A curious question as to the prohibition of importation arose in +connection with a Swedish translation of the "purity" books of the "Self +and sex" series, by Dr. Sylvanus Stall, of Philadelphia, author and +publisher of this series. The original works in this series are by an +American author written and printed in English and manufactured and +copyrighted in America; and there are translations into twenty or more +languages authorized by the author but not copyrighted in the United +States. The copyright proprietor made an importation of the Swedish +translation without question, but the second importation was stopped by +the customs authorities at Philadelphia on the ground that the Swedish +translation was a copy of the American copyrighted work and must therefore +be denied admission because not manufactured in America. On appeal, the +Treasury Department, June 23, 1910, overruled the local authorities and +admitted the translation made in Sweden, and bearing no copyright notice, +as a work "of foreign origin in a language other than English."</p> + +<p class="sidenote"><a name="288b"></a>Books dutiable</p> + +<p>Copyright protection and tariff "protection" are often spoken of as +related with each other, chiefly because in this country the importation +of books for libraries is, to a limited extent, free from tariff duties as +well as from copyright restrictions. There is no real relation between +them, but the sections of the American tariff of 1910 dealing with books +and works of art may be cited for the convenience of importers:</p> + +<p>"(416) Books of all kinds, bound or unbound, including blank books, +slate books and pamphlets, engravings, photographs, etchings, maps, +charts, music in books or sheets, and printed matter, all the foregoing <a +name="Page_289" id="Page_289"></a><span class="pagenum">[Pg +289]</span>wholly or in chief value of paper, and not specially provided +for in this section, twenty-five per centum ad valorem; views of any +landscape, scene, building, place, or locality in the United States on +cardboard or paper, not thinner than eight one-thousandths of one inch, by +whatever process printed or produced, including those wholly or in part +produced by either lithographic or photogelatin process (except show +cards), occupying thirty-five square inches or less of surface per view, +bound or unbound, or in any other form, fifteen cents per pound and +twenty-five per centum ad valorem; thinner than eight one-thousandths of +one inch, two dollars per thousand: Provided, That the rate or rates of +duty provided in the tariff Act approved July twenty-fourth, eighteen +hundred and ninety-seven, shall remain in force until October first, +nineteen hundred and nine, on all views of any landscape, scene, building, +place, or locality, provided for in this paragraph, which shall have, +prior to July first, nineteen hundred and nine, been ordered or contracted +to be delivered to bona fide purchasers in the United States, and the +Secretary of the Treasury shall make proper regulations for the +enforcement of this provision."</p> + +<p class="sidenote"><a name="289"></a>Books on free list</p> + +<p>The following are included in the "free list" and are therefore free +from any duties:</p> + +<p>"(516) Books, engravings, photographs, etchings, bound or unbound, maps +and charts imported by authority or for the use of the United States or +for the use of the Library of Congress.</p> + +<p>"(517) Books, maps, music, engravings, photographs, etchings, bound or +unbound, and charts, which shall have been printed more than twenty years +at the date of importation, and all hydrographic charts and publications +issued for their subscribers or exchanges by scientific and literary +associations or <a name="Page_290" id="Page_290"></a><span +class="pagenum">[Pg 290]</span>academies, or publications of individuals +for gratuitous private circulation, and public documents issued by foreign +governments.</p> + +<p>"(518) Books and pamphlets printed chiefly in languages other than +English; also books and music, in raised print, used exclusively by the +blind.</p> + +<p>"(519) Books, maps, music, photographs, etchings, lithographic prints, +and charts, specially imported, not more than two copies in any one +invoice, in good faith, for the use and by order of any society or +institution incorporated or established solely for religious, +philosophical, educational, scientific, or literary purposes, or for the +encouragement of the fine arts, or the use and by order of any college, +academy, school, or seminary of learning in the United States, or any +state or public library, and not for sale, subject to such regulations as +the Secretary of the Treasury shall prescribe.</p> + +<p>"(520) Books, libraries, usual and reasonable furniture, and similar +household effects of persons or families from foreign countries, all the +foregoing if actually used abroad by them not less than one year, and not +intended for any other person or persons, nor for sale."</p> + +<p class="sidenote"><a name="290"></a>Library free importation</p> + +<p>The provisions as to importation for libraries are made unnecessarily +onerous by Treasury regulations intended to insure the identification of +the actual copies so imported. In practice such copies are usually +imported by library agents acting for the library and not only must these +agents make oaths and present evidence of authorization from the library +authorities, but the librarian must certify to the receipt of the +individual copy, before it can be technically cleared from the custom +house through which it is imported, and the importer relieved from further +liability. Blank forms for these purposes are <a name="Page_291" +id="Page_291"></a><span class="pagenum">[Pg 291]</span>prescribed and +provided by the Treasury Department.</p> + +<p class="sidenote"><a name="291a"></a>Copyrights and the free list</p> + +<p>The question whether copyrighted works could be imported because they +were included under the free list of the tariff came before the Treasury +Department in 1901. With respect to copyrighted music, the +Attorney-General considered the two questions whether the copyright law +prohibits the importation of copyright music and whether the free list in +the tariff constitutes an exception to the copyright law. He held as to +the latter that the tariff is to prescribe certain duties on importations; +it is not designed to authorize importation. It simply provides when and +under what circumstances certain articles are exempt from duty. +Accordingly copyrighted musical compositions are not taken out of the +effect of the copyright law. The Secretary of the Treasury ruled (Treas. +dec. no. 23225), in accordance with this advice, that copyrighted music +was prohibited importation,—but this refers to importation without +consent of the copyright proprietor.</p> + +<p class="sidenote"><a name="291b"></a>The duty on books</p> + +<p>Although not of copyright bearing, the significance in respect to +importations of books of the newly added phrase "wholly or in chief value +of paper" in the tariff act of 1909, which otherwise continued the 25 per +cent duty on books, may here be mentioned, as of importance to importers. +It was included in the Payne tariff, apparently at the instance of the +bookbinding interests, and was at first construed by the local customs +authorities at New York to make books bound in leather subject to the 40 +per cent duty on leather, and books bound in silk subject to the 50 per +cent duty on silk, as the component parts of chief value. The Secretary of +the Treasury has, however, overruled this view and admitted books thus +bound under the 25 per cent duty on the ground that "the <a +name="Page_292" id="Page_292"></a><span class="pagenum">[Pg +292]</span>limitation placed upon the paragraph by the addition of the +words not found in the previous law was intended to exclude from that +rate, books bound in such fancy or costly bindings as to be imported not +on account of their intrinsic literary merit or their value as books." The +Board of General Appraisers has since, however, rendered a decision +supporting the local appraisers.</p> + +<p class="sidenote"><a name="292"></a>British prohibition of +importation</p> + +<p>In Great Britain the copyright act of 1842 (sec. 17) provided that any +printed books, copyright in the United Kingdom, imported "for sale or +hire" as reprinted out of the British dominions otherwise than by "the +proprietor of the copyright or some person authorized by him" should be +forfeited, seized and destroyed by any customs or excise officer, and the +Customs act of 1843, setting forth that "great abuse had prevailed with +respect to introduction for private use," prohibited importation for use +as well as for sale or hire. The international copyright act of 1844 (sec. +10) excepted importations from the country "in which such books were first +published," but this act did not in terms repeal the provisions of the +acts of 1842 and 1843, and in the leading case of Pitt Pitts <i>v.</i> +George, in 1896, the Court of Appeal, two judges to one, decided that this +exception was inconsistent with the previous acts and not good law. In +this case an English music publisher who had purchased British copyright +in Raff's "La Fileuse," sued to restrain the importation of the original +German edition. The lower court, relying on the statute of 1844, refused +relief, but the Court of Appeal granted an injunction, holding, through +Judge Lindley, that the complete exclusion given to the British proprietor +by the act of 1842 "is most in accordance with legal principles and good +sense." It was further held that where the copyright had been divided, the +words "the <a name="Page_293" id="Page_293"></a><span class="pagenum">[Pg +293]</span>proprietor of the copyright" indicate the owner of the English +rights, and that if he had to "submit to an unlimited importation of books +lawfully printed in any part of Germany itself," the British copyright +"would be absolutely worthless, and the beneficial object frustrated," and +protection by covenant with the original proprietor is by no means +adequate.</p> + +<p class="sidenote"><a name="293a"></a>Foreign reprints</p> + +<p>The colonial copyright act of 1847, usually known as the foreign +reprints act, authorized suspension by the Crown of the prohibition of +importation of foreign reprints, in any colony enacting "reasonable +protection to British authors"—which protection, in the twenty +colonies in which the act was availed of, usually took the shape of a +stated duty to be paid as royalty to the British copyright proprietor. The +customs consolidation act of 1876 continued the general prohibition, on +condition of notice by the proprietor of the British copyright to the +Commissioners of Customs.</p> + +<p class="sidenote"><a name="293b"></a>Divided market</p> + +<p>Thus the British copyright and customs law recognizes the subdivision +of copyright territory for the exclusive control of a market, and excludes +accordingly foreign reprints whether piratical copies or authorized +foreign editions like the Tauchnitz series, and the original foreign +edition as well. In theory, if not in practice, a Tauchnitz copy in the +pocket of a traveler is subject to seizure, and written authority from the +copyright proprietor is technically necessary for the importation of a +single copy, apparently without exception in favor of the British +Government or the libraries.</p> + +<p class="sidenote"><a name="293c"></a>The new British code</p> + +<p>The new British measure continues these provisions as embodied in the +customs consolidation act of 1876 and the revenue act of 1889 and in the +text of the new act. Copyright is infringed by any person who "imports for +sale or hire any work ... which to his <a name="Page_294" +id="Page_294"></a><span class="pagenum">[Pg 294]</span>knowledge infringes +copyright." Importation is prohibited of copies made out of the United +Kingdom, which if made therein would infringe copyright and as to which +the owner of the copyright gives written notice to the Commissioners of +Customs in accordance with regulations by the Commissioners, which +regulations may apply to all works or to different classes. The Isle of +Man is specifically excepted from the United Kingdom in respect to this +section. But the section is made applicable with the necessary +modifications to any included British possession in respect to copies made +out of that possession. The text of the new measure, retaining the phrase +"for sale or hire" from the act of 1842 and reaffirming the customs act of +1876, which makes no such exception, continues an unfortunate ambiguity as +to the importation of copies for private use, but precedent and court +decisions favor the complete control of the market by the copyright +proprietor through the complete exclusion of foreign copies.</p> + +<p class="sidenote"><a name="294"></a>Canadian practice</p> + +<p>Canada had, in an act of 1850, availed itself of the foreign reprints +act by imposing a duty "not exceeding 20 per cent" on foreign reprints of +English works, and under this act the Dominion later became "flooded" with +cheap American reprints, while the royalty to British authors, fixed at +12-1/2 percent, was so inadequately collected that only £1084 was paid in +the ten years ending 1876. Canada accordingly passed its copyright act of +1875, providing for the reprinting of English copyright works in Canada +under Canadian copyright and prohibiting importation of such works except +in the original edition from the United Kingdom, and this act, although +opposed as an invasion of the exclusive control of their works by British +authors, was accepted by the British Parliament in the Canada copyright +act of the same year, <a name="Page_295" id="Page_295"></a><span +class="pagenum">[Pg 295]</span>with the proviso that Canadian reprints +should be prohibited importation into the United Kingdom except with +assent of the copyright proprietor. It has since provided in the Fisher +act of 1900 for the prohibition of importation of an original edition of +an English work licensed for reprint in Canada, except two copies for +libraries and one copy through demand on the Canadian licensee by an +individual for use and not for sale—a provision considered <i>ultra +vires</i> by English authorities.</p> + +<p class="sidenote"><a name="295a"></a>Australian provision</p> + +<p>The Australian code of 1905 prohibits the importation of all pirated +books or artistic works in which copyright is subsisting in Australia, +"whether under this act or otherwise," and provides for the forfeiture of +such works, on condition of written notice by the owner of the copyright +to the Minister, directly or through the Commissioners of Customs of the +United Kingdom, of the existence of the copyright and of its term. These +provisions do not seem to make clear whether original editions of English +works, of which an Australian edition is copyrighted, are held to be +contraband.</p> + +<p class="sidenote"><a name="295b"></a>Foreign practice</p> + +<p>The legislation of France and Germany and other countries seems to +provide against importation inferentially rather than specifically, Russia +and Peru being exceptional in their specific prohibitions. But the +treaties and conventions between the several countries are for the most +part specific on this point, as are those of France providing that "when +the author of a work of which the property rights are guaranteed by the +present treaty shall have assigned his right of publication or of +reproduction to a publisher in the territory of either of the high +contracting parties with the reservation that the copies or editions of +this work thus published or reproduced cannot be sold in the other +country, these copies or editions <a name="Page_296" +id="Page_296"></a><span class="pagenum">[Pg 296]</span>shall be considered +and treated, respectively, in that country as illicit reproductions"; and +the treaties of Germany are especially specific with respect to musical +compositions.</p> + +<p>The authorities as to the prohibition of importation in other countries +are fully given in a statement from the Librarian of Congress made part of +the printed record of the third hearing before the Patents Committees at +Washington, March 26-28, 1908, which includes the text of the opinion in +Pitt Pitts <i>v</i>. George as the leading English case.</p> + +<p class="sidenote"><a name="296"></a>International practice</p> + +<p>The Berne convention of 1886 provided (art. XII) that "every infringing +(<i>contrefait</i>) work may be seized on importation into those countries +of the Union where the original work has right to legal protection," which +was modified by the amendatory act of Paris, 1896, to read "may be seized +by the competent authorities of the countries of the Union." The Berlin +convention continues in article 16 the later phraseology, and adds, "in +these countries seizure may also be made of reproductions coming from a +country where the work is not protected or protection has ceased." All +three conventions include also the proviso that the seizure shall take +place conformably to the domestic legislation of each country. This +phraseology apparently leaves the prohibition of editions authorized for +other countries as an open question to be determined under the domestic +legislation or practice of each country. The Pan American convention of +Buenos Aires, 1910, provides (art. 14): "Every publication infringing a +copyright may be confiscated in the signatory countries in which the +original work had the right to be legally protected, without prejudice to +the indemnities or penalties which the counterfeiters may have incurred +according to the laws of the country in which the fraud may have been +committed."</p> + +<p><a name="Page_297" id="Page_297"></a><span class="pagenum">[Pg +297]</span></p> + +<h3 class="p4">XVII</h3> + +<h4>COPYRIGHT OFFICE: METHODS AND PRACTICE</h4> + +<p class="p2 sidenote"><a name="297a"></a>History of Copyright Office</p> + +<p>Under the early American copyright laws, copyright entries and deposits +were made in the clerk's office of the respective District courts and +there was no central copyright office. The deposit copies were not +properly cared for, but what remained were collected into the vaults of +the national Capitol when copyright administration was centralized in the +Library of Congress. Under the law of 1870, the Librarian of Congress was +made the copyright officer, and for many years Ainsworth R. Spofford, +occupying that position, personally recorded entries and did much of the +work. Before the close of his administration of the Library, and while it +was still housed in the Capitol, the copyright business required the +services of a staff including at the last twenty-four persons. By a +special act of 1897, the office of Register of Copyrights was created, +subject to the authority of the Librarian of Congress, who remains the +ultimate administrative authority. The code of 1909 provided also for an +assistant register of copyrights. The Copyright Office now occupies the +southern end of the ground floor in the new Library building and the staff +has increased to eighty-four persons.</p> + +<p class="sidenote"><a name="297b"></a>Routine of registration</p> + +<p>When a book is deposited for registration, accompanied by the claim for +copyright, preferably on the application form gratuitously provided by the +Copyright Office, its class designation, with its accession or sequence +number in that class, is at once stamped upon the deposit copy or copies, +with the date of receipt, and also upon a green record slip on <a +name="Page_298" id="Page_298"></a><span class="pagenum">[Pg +298]</span>which all details in the progress of the work through the +Copyright Office are recorded with exact time of each act and the initials +of the respective clerks. This record, when completed, shows, besides the +class number and the title of the work, the date and hour of the receipt +of deposit copies and of the receipt of application, affidavit and fee, +with memorandum of the disposition of the fee if out of the ordinary +course; the examination of the application and affidavit, the preparation +of the white card for printer's copy, and the clearance of the work. Thus +cleared, the book is ready for examination by the Library Commission, the +delivery of one copy to the Catalogue Division of the Library of Congress, +the making of the certificate and its record and the making of the index +cards, all of which acts are performed usually on the day of receipt, or +otherwise as early as practicable on the following day. The record slip +also provides for noting and notifying claimants of defects as to the +deposit copies or the application for copyright, and for noting also the +reference to other departments, and the disposition of second deposit +copies.</p> + +<p class="sidenote"><a name="298"></a>Treatment of deposits</p> + +<p>The deposit copies, as entered on day of receipt and stamped with date, +group and accession number, are placed on a table for inspection by what +is known as the Library Commission of the Library of Congress, consisting +of the Assistant Librarian, the Superintendent of the Reading Room and the +Chief of the Catalogue Division, who decide which books are desired for +the Library of Congress, and whether one or two copies thereof are +required; one copy not so required is retained as part of the records of +the Copyright Office. Accumulations of the past years and current +accessions were until recently stored in the sub-basement of the Library +of Congress building, but a new stack now furnishes abundant and +well-lighted <a name="Page_299" id="Page_299"></a><span +class="pagenum">[Pg 299]</span>space for deposit copies and gradually all +deposit articles will be removed to this stack. The new provision for the +destruction of useless material happily prevents the continuing storage of +such material to an indefinite future.</p> + +<p class="sidenote"><a name="299a"></a>Destruction of useless material</p> + +<p>The Librarian of Congress and the Register of Copyrights jointly are +authorized "at suitable intervals" to determine what articles received +during any period of years and remaining undisposed of, are useful for +permanent preservation, and in their discretion to provide for the +destruction of others, after a statement of the years of receipt of such +articles and notice to permit any lawful claimant to claim and remove them +has been printed in the catalogue of copyright entries from February to +November, permitting their reclamation within the month of December. There +is a special proviso that no manuscript of an unpublished work shall be +destroyed during the term of copyright without specific notice to the +copyright proprietor of record, permitting him to claim and remove it.</p> + +<p class="sidenote"><a name="299b"></a>Register of Copyrights</p> + +<p>The Register of Copyrights, originally appointed by the Librarian of +Congress under the act of February 19, 1897, is made by the new code of +1909 a permanent administrative officer, appointed by and under the +direction and supervision of the Librarian of Congress at a salary of +$4000 per year and under bonds of $20,000. He is authorized under the law +to make rules and regulations for the registration of claims to copyright, +subject to the approval of the Librarian of Congress; is required to make +an annual report to the Librarian of Congress to be printed in the annual +report on the Library of Congress; to cover all fees into the Treasury and +report as to the same to the Secretary of the Treasury and to the +Librarian of Congress, and to provide and keep the necessary <a +name="Page_300" id="Page_300"></a><span class="pagenum">[Pg +300]</span>record books, indexes, etc. He is authorized to affix the seal +of the Copyright Office provided for by law, and is happily relieved by +the new code from the necessity of formal signature of certificates, etc., +which under the old law wasted precious and difficult hours in small +routine work, the affixing of the seal being the sufficient and sensible +substitute for the personal signature. An assistant register of copyrights +at a salary of $3000 was provided for in the new act, also to be appointed +by the Librarian of Congress, with authority during the absence of the +Register to attach the seal and perform other necessary functions.</p> + +<p class="sidenote"><a name="300"></a>Catalogues and indexes</p> + +<p>The law directs that the Register of Copyrights "shall print at +periodic intervals a catalogue of the titles of articles ... together with +suitable indexes, and at stated intervals ... complete and indexed +catalogues for each class of copyright entries, "which shall be admitted +in any court as <i>prima facie</i> evidence," shall be promptly +distributed to collectors of customs and postmasters of all exchange +offices and shall be furnished to others at a price not exceeding $5 per +annum for the complete catalogue or $1 for the catalogues issued during +the year for any one class.</p> + +<p>The practice of the Copyright Office is to make for each copyrighted +book an index card, in conformity with the printed catalogue card of the +Library of Congress, and to utilize the linotype slugs set for this +purpose, with some modification, as the basis for the "Catalogue of +copyright entries" for books. The catalogue for books proper, Part I, +Group 1, is printed weekly with an annual index, which, together with Part +I, Group 2, issued monthly with more condensed entries,—containing +the titles for all other material registered under the legal designation +"book," not found in Group 1,<i> i. e.</i>, local directories and other +annuals, <a name="Page_301" id="Page_301"></a><span class="pagenum">[Pg +301]</span>pamphlets, leaflets and literary contributions to periodicals, +as also dramatic compositions, lectures and maps, including also the +preliminary reports of court decisions,—may be subscribed for at a +price of $1 per year. Part II, appearing monthly, covers periodicals, with +an annual index, at fifty cents per year. Part III, appearing monthly, +covers music, with an annual index, at $1 per year. Part IV, appearing +monthly, covers works of art, reproductions of a work of art, drawings or +plastic works of a scientific character, photographs and prints and +pictorial illustrations, with an annual index, at fifty cents per year. +The subscription price for the entire catalogue is $3 per year. +Subscriptions should be sent direct to the Superintendent of Documents, +Washington, D. C., with money orders or drafts in his name (stamps and +uncertified checks not accepted), and should not be sent to the Librarian +of Congress or to the Copyright Office.</p> + +<p class="sidenote"><a name="301"></a>Entry cards</p> + +<p>The Library of Congress prints for all such books as are selected from +the copyright deposits for use in the Library, on the decision of the +Commission appointed by the Librarian, a catalogue card which forms part +of the library card catalogue system, and which can be had by public +libraries and by private purchasers at the price of two cents a card. This +card is used for the catalogues of the Library of Congress and for the +catalogues of depository libraries throughout the country, but is not +furnished in exchange by the Smithsonian Institution to foreign +institutions. The catalogue cards for "books" in Group 2, representing +considerably more than twice as many registrations as Group I, as well as +the index cards for all articles comprised in the remaining classes of +copyright deposits, are prepared in the Copyright Office, and are not +furnished to other libraries or to the public. </p> + +<p class="sidenote"><a name="302a"></a>Text provisions</p> + +<p><a name="Page_302" id="Page_302"></a><span class="pagenum">[Pg +302]</span>The provisions as to the Copyright Office, its administration, +methods and practice, are set forth in the American code of 1909 in much +detail, as follows:</p> + +<p class="sidenote"><a name="302b"></a>Copyright records</p> + +<p>"(Sec. 47.) That all records and other things relating to copyrights +required by law to be preserved shall be kept and preserved in the +copyright office, Library of Congress, District of Columbia, and shall be +under the control of the register of copyrights, who shall, under the +direction and supervision of the Librarian of Congress, perform all the +duties relating to the registration of copyrights.</p> + +<p class="sidenote"><a name="302c"></a>Register of copyrights and +assistant register</p> + +<p>"(Sec. 48.) That there shall be appointed by the Librarian of Congress +a register of copyrights, at a salary of four thousand dollars per annum, +and one assistant register of copyrights, at a salary of three thousand +dollars per annum, who shall have authority during the absence of the +register of copyrights to attach the copyright office seal to all papers +issued from the said office and to sign such certificates and other papers +as may be necessary. There shall also be appointed by the Librarian such +subordinate assistants to the register as may from time to time be +authorized by law.</p> + +<p class="sidenote"><a name="302d"></a>Deposit and report of fees</p> + +<p>"(Sec. 49.) That the register of copyrights shall make daily deposits +in some bank in the District of Columbia, designated for this purpose by +the Secretary of the Treasury as a national depository, of all moneys +received to be applied as copyright fees, and shall make weekly deposits +with the Secretary of the Treasury, in such manner as the latter shall +direct, of all copyright fees actually applied under the provisions of +this Act, and annual deposits of sums received which it has not been +possible to apply as copyright fees or to return to the remitters, and +shall also make monthly reports to the Secretary of the Treasury and to +the Librarian of Congress of the <a name="Page_303" +id="Page_303"></a><span class="pagenum">[Pg 303]</span>applied copyright +fees for each calendar month, together with a statement of all remittances +received, trust funds on hand, moneys refunded, and unapplied +balances.</p> + +<p class="sidenote"><a name="303a"></a>Bond</p> + +<p>"(Sec. 50.) That the register of copyrights shall give bond to the +United States in the sum of twenty thousand dollars, in form to be +approved by the Solicitor of the Treasury and with sureties satisfactory +to the Secretary of the Treasury, for the faithful discharge of his +duties.</p> + +<p class="sidenote"><a name="303b"></a>Annual report</p> + +<p>"(Sec. 51.) That the register of copyrights shall make an annual report +to the Librarian of Congress, to be printed in the annual report on the +Library of Congress, of all copyright business for the previous fiscal +year, including the number and kind of works which have been deposited in +the copyright office during the fiscal year, under the provisions of this +Act.</p> + +<p class="sidenote"><a name="303c"></a>Seal</p> + +<p>"(Sec. 52.) That the seal provided under the Act of July eighth, +eighteen hundred and seventy, and at present used in the copyright office, +shall continue to be the seal thereof, and by it all papers issued from +the copyright office requiring authentication shall be authenticated.</p> + +<p class="sidenote"><a name="303d"></a>Rules</p> + +<p>"(Sec. 53.) That, subject to the approval of the Librarian of Congress, +the register of copyrights shall be authorized to make rules and +regulations for the registration of claims to copyright as provided by +this Act.</p> + +<p class="sidenote"><a name="303e"></a>Record books</p> + +<p>"(Sec. 54.) That the register of copyrights shall provide and keep such +record books in the copyright office as are required to carry out the +provisions of this Act, and whenever deposit has been made in the +copyright office of a copy of any work under the provisions of this Act he +shall make entry thereof.</p> + +<p class="sidenote"><a name="303f"></a>Certificate<br /> + +<a name="304a"></a>Receipt for deposits</p> + +<p>"(Sec. 55.) That in the case of each entry the person <a +name="Page_304" id="Page_304"></a><span class="pagenum">[Pg +304]</span>recorded as the claimant of the copyright shall be entitled to +a certificate of registration under seal of the copyright office, to +contain his name and address, the title of the work upon which copyright +is claimed, the date of the deposit of the copies of such work, and such +marks as to class designation and entry number as shall fully identify the +entry. In the case of a book the certificate shall also state the receipt +of the affidavit as provided by section sixteen of this Act, and the date +of the completion of the printing, or the date of the publication of the +book, as stated in the said affidavit. The register of copyrights shall +prepare a printed form for the said certificate, to be filled out in each +case as above provided for, which certificate, sealed with the seal of the +copyright office, shall, upon payment of the prescribed fee, be given to +any person making application for the same, and the said certificate shall +be admitted in any court as prima facie evidence of the facts stated +therein. In addition to such certificate the register of copyrights shall +furnish, upon request, without additional fee, a receipt for the copies of +the work deposited to complete the registration.</p> + +<p class="sidenote"><a name="304b"></a>Catalogue and index provision</p> + +<p>"(Sec. 56.) That the register of copyrights shall fully index all +copyright registrations and assignments and shall print at periodic +intervals a catalogue of the titles of articles deposited and registered +for copyright, together with suitable indexes, and at stated intervals +shall print complete and indexed catalogues for each class of copyright +entries, and may thereupon, if expedient, destroy the original manuscript +catalogue cards containing the titles included in such printed volumes and +representing the entries made during such intervals. The current +catalogues of copyright entries and the index volumes herein provided for +shall be admitted in any court as <a name="Page_305" +id="Page_305"></a><span class="pagenum">[Pg 305]</span>prima facie +evidence of the facts stated therein as regards any copyright +registration.</p> + +<p class="sidenote"><a name="305a"></a>Distribution and subscriptions</p> + +<p>"(Sec. 57.) That the said printed current catalogues as they are issued +shall be promptly distributed by the copyright office to the collectors of +customs of the United States and to the postmasters of all exchange +offices of receipt of foreign mails, in accordance with revised lists of +such collectors of customs and postmasters prepared by the Secretary of +the Treasury and the Postmaster-General, and they shall also be furnished +to all parties desiring them at a price to be determined by the register +of copyrights, not exceeding five dollars per annum for the complete +catalogue of copyright entries and not exceeding one dollar per annum for +the catalogues issued during the year for any one class of subjects. The +consolidated catalogues and indexes shall also be supplied to all persons +ordering them at such prices as may be determined to be reasonable, and +all subscriptions for the catalogues shall be received by the +Superintendent of Public Documents, who shall forward the said +publications; and the moneys thus received shall be paid into the Treasury +of the United States and accounted for under such laws and Treasury +regulations as shall be in force at the time.</p> + +<p class="sidenote"><a name="305b"></a>Records open to inspection and +copying</p> + +<p>"(Sec. 58.) That the record books of the copyright office, together +with the indexes to such record books, and all works deposited and +retained in the copyright office, shall be open to public inspection; and +copies may be taken of the copyright entries actually made in such record +books, subject to such safeguards and regulations as shall be prescribed +by the register of copyrights and approved by the Librarian of +Congress.</p> + +<p class="sidenote"><a name="305c"></a>Preservation of deposits</p> + +<p>"(Sec. 59.) That of the articles deposited in the copyright office +under the provisions of the copyright <a name="Page_306" +id="Page_306"></a><span class="pagenum">[Pg 306]</span>laws of the United +States or of this Act, the Librarian of Congress shall determine what +books and other articles shall be transferred to the permanent collections +of the Library of Congress, including the law library, and what other +books or articles shall be placed in the reserve collections of the +Library of Congress for sale or exchange, or be transferred to other +governmental libraries in the District of Columbia for use therein.</p> + +<p class="sidenote"><a name="306"></a>Disposal of deposits</p> + +<p>"(Sec. 60.) That of any articles undisposed of as above provided, +together with all titles and correspondence relating thereto, the +Librarian of Congress and the register of copyrights jointly shall, at +suitable intervals, determine what of these received during any period of +years it is desirable or useful to preserve in the permanent files of the +copyright office, and, after due notice as hereinafter provided, may +within their discretion cause the remaining articles and other things to +be destroyed: <i>Provided</i>, That there shall be printed in the +Catalogue of Copyright Entries from February to November, inclusive, a +statement of the years of receipt of such articles and a notice to permit +any author, copyright proprietor, or other lawful claimant to claim and +remove before the expiration of the month of December of that year +anything found which relates to any of his productions deposited or +registered for copyright within the period of years stated, not reserved +or disposed of as provided for in this Act: <i>And provided further</i>, +That no manuscript of an unpublished work shall be destroyed during its +term of copyright without specific notice to the copyright proprietor of +record, permitting him to claim and remove it.</p> + +<p class="sidenote"><a name="307a"></a>Fees<br /> + +<a name="307b"></a>Only one registration required</p> + +<p>"(Sec. 61.) That the register of copyrights shall receive, and the +persons to whom the services designated are rendered shall pay, the +following fees: For <a name="Page_307" id="Page_307"></a><span +class="pagenum">[Pg 307]</span>the registration of any work subject to +copyright, deposited under the provisions of this Act, one dollar, which +sum is to include a certificate of registration under seal: +<i>Provided</i>, That in the case of photographs the fee shall be fifty +cents where a certificate is not demanded. For every additional +certificate of registration made, fifty cents. For recording and +certifying any instrument of writing for the assignment of copyright, or +any such license specified in section one, subsection (e), or for any copy +of such assignment or license, duly certified, if not over three hundred +words in length, one dollar; if more than three hundred and less than one +thousand words in length, two dollars; if more than one thousand words in +length, one dollar additional for each one thousand words or fraction +thereof over three hundred words. For recording the notice of user or +acquiescence specified in section one, subsection (e), twenty-five cents +for each notice if not over fifty words, and an additional twenty-five +cents for each additional one hundred words. For comparing any copy of an +assignment with the record of such document in the copyright office and +certifying the same under seal, one dollar. For recording the extension or +renewal of copyright provided for in sections twenty-three and twenty-four +of this Act, fifty cents. For recording the transfer of the proprietorship +of copyrighted articles, ten cents for each title of a book or other +article, in addition to the fee prescribed for recording the instrument of +assignment. For any requested search of copyright office records, indexes, +or deposits, fifty cents for each full hour of time consumed in making +such search: <i>Provided</i>, That only one registration at one fee shall +be required in the case of several volumes of the same book deposited at +the same time."</p> + +<p class="sidenote"><a name="308a"></a>Present organization</p> + +<p>The organization of the Copyright Office under the <a name="Page_308" +id="Page_308"></a><span class="pagenum">[Pg 308]</span>present +administration of the Librarian of Congress, Herbert Putnam, appointed by +President McKinley in 1898, and the Register of Copyrights, Thorvald +Solberg, the first and only occupant of that post, appointed by the +Librarian of Congress in 1897, presents a standard of efficiency, celerity +and economy which is a model for governmental departments, or indeed for +any administrative business. The enormous amount of detail is systematized +and controlled by a remarkable method of record, and blank forms provide +in the utmost variety of detail for every feature of the work of +correspondence, especially in calling the attention of applicants to +defects in their applications, which are many and various.</p> + +<p class="sidenote"><a name="308b"></a>Efficiency of methods</p> + +<p>As the result of this organization, the complex law of March 4, 1909, +was put in operation July 1, 1909, without a hitch; and inquiries made to +the Copyright Office are answered, usually on the same day, with +remarkable dispatch and accuracy. For instance, the many letters directed +mistakenly to the Register of Copyrights, instead of to the Commissioner +of Patents, the frequent applications for the protection of prints +designed for articles of manufacture, and the multitudinous applications +on articles not subject to copyright, or for projected works or for book +manuscripts previous to publication, are each covered by a form letter +with an index card of a distinctive color for each, so that a full record +is kept in the Copyright Office of such errors without unduly complicating +the copyright records proper. The Copyright Office now handles +approximately half a million items of entries, deposits and correspondence +during the year, and covers into the Treasury more than $100,000, +returning to the government a substantial sum above the direct cost of +administration.</p> + +<p class="sidenote"><a name="309a"></a>Registration 1909-1910</p> + +<p>The Copyright Office prints annually a summary of <a name="Page_309" +id="Page_309"></a><span class="pagenum">[Pg 309]</span>its work, from +which it appears that in the year ending June 30, 1910, the first year of +operation of the new copyright code, it had issued copyright certificates +to the number of 96,634, representing an equal number of registrations at +$1 each. In addition thereto 11,433 registrations were made for +photographs at fifty cents each, for which no certificates were issued. +This annual summary for the fiscal year ending June 30 is printed as a +part of the annual report, for presentation to Congress each December; and +a summary for the calendar year is printed in separate form at the +beginning of the new year.</p> + +<p class="sidenote"><a name="309b"></a>Certificates for court use</p> + +<p>In addition to the regular certificates in card form, the Copyright +Office also issues certificates in quarto shape when desired, which are +especially utilized in court proceedings as parts of the record.</p> + +<p class="sidenote"><a name="309c"></a>Searches</p> + +<p>The Copyright Office makes searches for information, under the +provisions of the new law, at the rate of fifty cents for each full hour +of the person employed in such search.</p> + +<p>The new Rules provide for such searches as follows:</p> + +<p>"(49.) Upon application to the Register of Copyrights, search of the +records, indexes, or deposits will be made for such information as they +may contain relative to copyright claims. Persons desiring searches to be +made should state clearly the nature of the work, its title, the name of +the claimant of copyright and probable date of entry; in the case of an +assignment, the name of the assignor or assignee or both, and the name of +the copyright claimant and the title of the music referred to in case of +notice of user."</p> + +<p class="sidenote"><a name="309d"></a>Patent Office registry for +labels</p> + +<p>Question having been raised by the Commissioner of Patents whether the +act of 1909 did not charge the Copyright Office with the registration as +"prints" of labels, etc., the Attorney-General, in an opinion of December +22, 1909, held that the copyright act of <a name="Page_310" +id="Page_310"></a><span class="pagenum">[Pg 310]</span>1909 did not +relieve the Patent Office of this duty, and it is still required to +register all prints which have heretofore been registered therein under +the act of June 18, 1874, and in the same manner as they have heretofore +been registered.</p> + +<p>Many of the features of the Copyright Office, such as the forms for +applications, certificates, etc., have been treated in detail in the +chapter on formalities, which should be read in connection with this +chapter.</p> + +<p class="sidenote"><a name="310"></a>Foreign practice</p> + +<p>In Great Britain there is no official copyright office, but +registration has been made at Stationers' Hall in charge of the +Stationers' Company, a <i>quasi</i> public institution, while deposit is +made primarily in the national library at the British Museum. The records +at Stationers' Hall and the printed or other catalogues of the British +Museum are public. But there is no printed copyright list except of +prohibitions of importations issued by the Commissioners of Customs. Under +the new British measure there is no registration at Stationers' Hall or +elsewhere.</p> + +<p>In France there is no copyright office proper and the deposit copies +required from the printer are deposited with the Ministry of the Interior +at Paris or at the Prefecture or town clerk's office in the provinces. In +other European countries, the registration, when required, is made for the +most part in one of the government departments, as Ministry of Interior, +Department of Agriculture, etc. In Italy, as in several Spanish-American +countries, the registry is provincial instead of central, though in some +of these countries provision is made for report from time to time to a +central government office. In few countries is there a copyright office +proper, distinctively organized and named, except in certain English +colonies, as Australia and Canada, which have now a copyright office and a +Registrar of Copyrights.</p> + +<p><a name="Page_311" id="Page_311"></a><span class="pagenum">[Pg +311]</span></p> + +<h3 class="p4">XVIII</h3> + +<h4>INTERNATIONAL COPYRIGHT CONVENTIONS AND ARRANGEMENTS</h4> + +<p class="p2 sidenote"><a name="311a"></a>International protection of +property</p> + +<p>With the growth of civilization, the practice of protecting in all +countries the property of the citizen of any other country has also grown, +until it is now a generally recognized principle. This principle, applied +to literary property, has resulted in international copyright among most +civilized nations.</p> + +<p class="sidenote"><a name="311b"></a>Early copyright protection</p> + +<p>The first provision for international copyright, aside from the ancient +practice in France of giving protection to authors of other countries who +published their works therein, was made by Prussia in 1837, in a law which +provided that any country might secure copyright for its authors in +Prussia to the extent of reciprocal privileges granted by that +country.</p> + +<p class="sidenote"><a name="311c"></a>Early English protection</p> + +<p>England followed, in 1838, with an "act for securing to authors, in +certain cases, the benefit of international copyright," which empowered +the Queen, by an Order in Council, to direct that the author of a book +first published in a foreign country should have copyright in the United +Kingdom, on certain conditions, providing that country conferred similar +privileges on English authors. The act of 1844 extended this privilege to +prints, sculpture and other works of art, and provided for international +playright. It expressly denied the privilege, however, to translations of +foreign works, and it was not until 1852 that provision was fully made for +translations of books and of dramatic compositions, the latter with the +proviso that "fair imitations or adaptations" of foreign plays or music +might be made. In this early period Great <a name="Page_312" +id="Page_312"></a><span class="pagenum">[Pg 312]</span>Britain negotiated +treaties with the German states (1846-55), France (1851), Belgium (1854), +Spain (1857), and Sardinia (1860), afterward extended throughout Italy. +The treaties generally included a proviso that duties on books, etc., +imported into the treaty country, should not be above a stated sum, and in +the case of France there was to be no duty either way. The domestic +copyright acts had also provided, on the condition of first publication in +the United Kingdom, a practical measure of international copyright. The +international copyright act of 1875 repealed the exception as to plays, +and authorized the protection of foreign plays against imitation and +adaptation. Under these international copyright acts, registration at +Stationers' Hall, at a fee of one shilling only, was made a condition of +the copyright of foreign works, and the deposit of a copy of the first +edition and of every subsequent edition containing additions or +alterations at Stationers' Hall, for transmission to the British Museum, +was required, besides other local formalities, particularly in connection +with the limited protection of translations, which was for five years +only.</p> + +<p class="sidenote">Adhesion to Berne convention</p> + +<p>Great Britain became a signatory power of the Berne convention of 1886, +and the international copyright act of 1886, amending and in part +repealing the previous international copyright acts, was passed to enable +Her Majesty through Orders in Council to become a party to this +convention, which was ratified in 1887. This was made effective with +respect to the eight other countries which were parties to the original +Berne convention by the Order in Council of November 28, 1887, taking +effect December 6, 1887. The provisions of 1886 made registration and +deposit unnecessary for foreign works which had complied with the +formalities requisite in the country of origin, <a name="Page_313" +id="Page_313"></a><span class="pagenum">[Pg 313]</span>but it was +nevertheless held in Fishburn <i>v.</i> Hollingshead, in 1891, by Justice +Stirling, that a foreign work must comply with the provisions of the +copyright acts applicable, as to registration and delivery, to works first +produced in the United Kingdom, since a foreign work was entitled only to +the protection afforded to natives. In Hanfstaengl <i>v.</i> Holloway, in +1893, Justice Charles took the opposite view, and he was supported by the +Court of Appeal in Hanfstaengl <i>v.</i> American Tobacco Company, in +1894, which decided finally that the acts of 1842 and 1844 were repealed +as to foreign works and that registration and deposit of a foreign work +were unnecessary. The decision of the Court of Appeal in 1908, in Sarpy +<i>v.</i> Holland, that notice of reservation may be in foreign languages, +confirmed the provisions that no formalities beyond those in the country +of origin were requisite.</p> + +<p class="sidenote"><a name="313"></a>Effect of Berne convention</p> + +<p>With the development of the International Copyright Union, through the +Berne convention of 1886, copyright relations between the leading +countries became more largely and truly international, and most of the +existing treaties of the unionist countries were superseded by the +international convention proper. In accordance, however, with the terms of +the convention, treaties broader than the provisions of the convention +might still remain in force or be later negotiated between one country and +another, and such conventions, on the "most favored nation" basis or +otherwise, have in fact been negotiated, especially by Germany, within the +present century. The arrangement for protection of foreign works in +unionist and other countries, under special treaties, will be found in +succeeding chapters on copyright in foreign countries, where treaties +broader than the international convention or made since 1900 are also +scheduled. The main features of international <a name="Page_314" +id="Page_314"></a><span class="pagenum">[Pg 314]</span>copyright +arrangements are tabulated in condensed form in the conspectus of +copyright by countries given in the preliminary pages.</p> + +<p class="sidenote"><a name="314a"></a>International literary +congresses</p> + +<p>At the time of the Universal Exposition in Paris in 1878, the French +<i>Société des Gens de Lettres</i> issued invitations for an International +Literary Congress, which was held in Paris, under the presidency of Victor +Hugo, commencing June 4, 1878. From this came the <i>Association +Littéraire et Artistique Internationale</i>, which held subsequent +congresses at London in 1879, at Lisbon in 1880, at Vienna in 1881, at +Rome in 1882, at Amsterdam in 1883, at Brussels in 1884, and at Antwerp in +1885, at which the extension of international copyright was discussed and +advocated.</p> + +<p class="sidenote"><a name="314b"></a>Fundamental proposition</p> + +<p>The Congress at Antwerp, in 1885, ratified the following proposition: +"The author's right in his work constitutes an inherent right of property. +The law does not create, but merely regulates it."</p> + +<p class="sidenote"><a name="314c"></a>Preliminary official conference, +1883</p> + +<p>Partly at the initiative of this association and at the invitation of +the Swiss government, a preliminary conference of official representatives +of the several nations was held at Berne in September, 1883, at which the +following draft, submitted by the International Literary and Artistic +Association, was substantially adopted as the basis for a general +convention on the part of civilized nations:</p> + +<p>"1. The authors of literary or artistic works published, represented, +or executed in one of the contracting States, shall enjoy, upon the sole +condition of accomplishing the formalities required by the laws of that +State, the same rights for the protection of their works in the other +States of the Union, whatever the nationality of the authors may be, as +are enjoyed by natives of the States.</p> + +<p class="sidenote"><a name="315"></a>Propositions of 1883</p> + +<p>"2. The term literary or artistic works comprises <a name="Page_315" +id="Page_315"></a><span class="pagenum">[Pg 315]</span>books, pamphlets, +and all other writings; dramatic and dramatico-musical works; musical +compositions, with or without words, and arrangements of music; drawings, +paintings, sculptures, engravings, lithographs, maps, plans, scientific +sketches, and generally all other literary, artistic, and scientific works +whatsoever, which may be published by any system of impression or +reproduction whatsoever.</p> + +<p>"3. The rights of authors extend to manuscript or unpublished +works.</p> + +<p>"4. The legal representatives and assignees of authors shall enjoy in +all respects the same rights as are awarded by this convention to authors +themselves.</p> + +<p>"5. The subjects of one of the contracting States shall enjoy in all +the other States of the Union during the subsistence of their rights in +their original works the exclusive right of translation. This right +comprises the right of publication, representation, or execution.</p> + +<p>"6. Authorized translations are protected in the same manner as +original works. When the translation is of a work which has become public +property, the translator cannot prevent the work from being translated by +others.</p> + +<p>"7. In the case of the infringement of the above provisions, the courts +having jurisdiction will apply the laws enacted by their respective +legislatures, just as if the infringement had been committed to the +prejudice of a native. Adaptation shall be considered piracy, and treated +in the same manner.</p> + +<p>"8. This convention applies to all works that have not yet become +public property in the country in which they were first published at the +time of coming into force of the convention.</p> + +<p>"9. The States of the Union reserve to themselves the right of entering +into separate agreements among <a name="Page_316" id="Page_316"></a><span +class="pagenum">[Pg 316]</span>themselves for the protection of literary +or artistic works, provided that such agreements are not contrary to any +of the provisions of the present convention.</p> + +<p>"10. A Central International Office shall be established, at which +shall be deposited by the Governments of the States of the Union the laws, +decrees, and regulations affecting the rights of authors which have +already been or shall hereafter be promulgated in any of the said +Governments. This office shall collect the laws, etc., and publish a +periodical print in the French language, in which shall be contained all +the documents and information necessary to be made known to the parties +interested."</p> + +<p class="sidenote"><a name="316"></a>First official conference, 1884</p> + +<p>This draft, as adopted, was submitted by the Swiss government to the +first formal international conference for the protection of the rights of +authors, held at Berne from September 8 to 19, 1884. At this conference +representatives from thirteen countries were present—Austria, +Belgium, Costa Rica, France, Germany, Great Britain, Haiti, Holland, +Italy, Salvador, Sweden and Norway, and Switzerland; and the result of +their deliberations was a new "draft convention for the creation of a +general union for the protection of the rights of authors," similar to the +Universal Postal Union, in the following form:</p> + +<p>"1. Authors placing themselves within the jurisdiction of the +contracting countries will be afforded protection for their works, whether +in print or manuscript, and will have all the advantages of the laws of +the different nations embraced in the Union.</p> + +<p>"2. These privileges will be dependent upon the carrying out of the +conditions and formalities prescribed by the legislation of the author's +native country, or of the country in which he chooses to first publish his +work, such country being, of course, one of those included in the +convention. </p> + +<p><a name="Page_317" id="Page_317"></a><span class="pagenum">[Pg 317]</span> +"3. These stipulations apply alike to editors and authors of literary +works, as well as to works of art published or created in any country of +the Union.</p> + +<p>"4. Authors within the jurisdiction of the Union will enjoy in all the +countries the exclusive rights of translation of their works during a +period of ten years after publication in any one country of the Union of +an authorized translation.</p> + +<p>"5. It is proposed that it shall be made legal to publish extracts from +works which have appeared in any country of the Union, provided that such +publications are adapted for teaching or have a scientific character. The +reciprocal publication of books composed of fragments of various authors +will also be permitted. It will be an indispensable condition, however, +that the source of such extracts shall at all times be acknowledged.</p> + +<p>"6. On the other hand, it will be unlawful to publish, without special +permission of the holder of the copyright, any piece of music, in any +collection of music used in musical academies.</p> + +<p>"7. The rights of protection accorded to musical works will prohibit +arrangements of music containing fragments from other composers, unless +the consent of such composer be first obtained."</p> + +<p class="sidenote"><a name="317"></a>Second official conference, 1885</p> + +<p>A second international conference was held at Berne from September 7 to +18, 1885, for the further consideration of the project. This was +participated in by representatives from sixteen +countries,—Argentina, Belgium, Costa Rica, France, Germany, Great +Britain, Haiti, Honduras, Holland, Italy, Paraguay, Sweden and Norway, +Spain, Switzerland, and Tunis. The United States was also represented at +that conference by a "listening delegate," Boyd Winchester, then the +United States minister at Berne.</p> + +<p class="sidenote"><a name="318a"></a>Third official conference, 1886</p> + +<p>The negotiations at Berne culminated at the third <a name="Page_318" +id="Page_318"></a><span class="pagenum">[Pg 318]</span>formal conference, +of September 6 to 9, 1886, by agreement on a convention constituting an +international copyright union, the <i>Union Internationale pour la +Protection des Œuvres Littéraires et Artistiques</i>, which was +signed on September 9, by the plenipotentiaries of ten countries, Great +Britain, Germany, Belgium, Spain, France, Haiti, Italy, Switzerland, Tunis +and Liberia. At this conference the United States was represented only as +in 1885.</p> + +<p class="sidenote"><a name="318b"></a>Berne convention, 1886:</p> + +<p>The convention included twenty-one articles besides an additional +article and final protocol, article I being as follows: "The contracting +States are constituted into an Union for the protection of the rights of +authors over their literary and artistic works."</p> + +<p class="sidenote"><a name="318c"></a>Authors and terms</p> + +<p>It was provided (art. II) that authors of any one of the countries +shall enjoy in the other countries the same rights as natives, on +complying with the formalities prescribed in the country of origin, <i>i. +e.</i>, of first publication, or in case of simultaneous publication, in +the country having the shortest term of protection, for a period not +exceeding the term of protection granted in the country of origin. This +protection was extended (art. III) to the publishers within the Union of +works whose authors belong to a country outside the Union.</p> + +<p class="sidenote"><a name="318d"></a>"Literary and artistic works" +defined</p> + +<p>The expression "literary and artistic works" was defined (art. IV) by +specification, including dramatic and musical works, but not mentioning +photographs or actual works of architecture. Translations were protected +(art. V) for ten years, which period should run for works published in +incomplete parts (<i>livraisons</i>) from the publication of the last +part, or in the case of volumes or serial collections (<i>cahiers</i>), +from that of each volume, and in all cases from the thirty-first of +December of the calendar year of publication. Authorized translations were +protected (art. VI) as <a name="Page_319" id="Page_319"></a><span +class="pagenum">[Pg 319]</span>original works, but translators of works in +the public domain could not oppose other translations. Reproduction of +newspaper or periodical articles was permitted (art. VII) unless expressly +forbidden, but this prohibition could not apply to political discussions, +news matter or "current topics" (<i>faits divers</i>). Liberty of extract +from literary or artistic works otherwise was left (art. VIII) to domestic +legislation or specific treaties.</p> + +<p class="sidenote"><a name="319a"></a>Performing rights</p> + +<p>Protection was specifically extended (art. IX) to the representation of +dramatic or dramatico-musical works or translations thereof, and, on +condition of express reservation, to musical works; and adaptations, +arrangements, and other unauthorized indirect appropriations were +specially included (art. X) among illicit reproductions subject to +determination by the courts of the respective countries.</p> + +<p class="sidenote"><a name="319b"></a>Other provisions</p> + +<p>The author indicated on a work, or the publisher of an anonymous or +pseudonymous work, was given (art. XI) authority to institute proceedings, +but the tribunal might require certificate that the formalities in the +country of origin had been accomplished. Pirated (<i>contrefait</i>) works +might be seized (art. XII) on importation, according to domestic law. The +convention was not to derogate (art. XIII) from the right of each country +to domestic control by legislation or police. Existing works, not fallen +into the public domain in the country of origin (art. XIV), were +protected. The several countries reserved (art. XV) the right to make +separate and particular treaty arrangements. An international office was +established (art. XVI) under the name of "Office of the International +Union for the Protection of Literary and Artistic Works," under the +authority of the Swiss Confederation, the expenses to be borne by the +signatory countries. Revision at future conferences was <a +name="Page_320" id="Page_320"></a><span class="pagenum">[Pg +320]</span>provided for (art. XVII) with stipulation that alterations +should not be binding except by unanimous consent. Accession of other +countries was permitted (art. XVIII) on notice to the Swiss Confederation, +and similar provision was made (art. XIX) for the accession of colonies. +Ratification within one year (art. XX) and operation within three months +thereafter (art. XXI) and withdrawal by one year's notice of denunciation +were provided for. The "additional article" provided that the convention +should not affect existing conventions between the states, conferring more +extended powers or containing other stipulations not contrary to the +convention.</p> + +<p class="sidenote"><a name="320a"></a>Final protocol</p> + +<p>On the exchange of ratifications September 5, 1887, a final protocol +was agreed upon, extending article IV to cover photographs in those +countries whose domestic legislation or treaty arrangements permitted such +protection; extending article IX to choregraphic works in countries in +which they were covered by domestic legislation; explicitly excepting +mechanical music reproductions from protection; and specifically referring +to domestic or treaty arrangements, the protection afforded by article XIV +to existing works not fallen into the public domain. The final protocol +also provided for the organization of the international office under +regulation by the Swiss Confederation, for French as the official +language, for the allotment of expenses among the countries, and for other +administrative details.</p> + +<p class="sidenote"><a name="320b"></a>Ratification in 1887</p> + +<p>The Berne convention, as signed in that city September 9, 1886, by the +representatives of ten nations, Great Britain, Germany, Belgium, Spain, +France, Haiti, Italy, Switzerland, Tunis and Liberia, was ratified in the +same city September 5, 1887, by exchange of ratifications on the part of +all these powers except Liberia, and became effective December 5, 1887. +The <a name="Page_321" id="Page_321"></a><span class="pagenum">[Pg +321]</span>French acceptance included Algiers and the other French +colonies, the Spanish acceptance all Spanish colonies, and the British +acceptance, India, Canada and Newfoundland, the South African and the +Australian colonies. To these powers were later added Luxemburg (1888), +Monaco (1889), Montenegro (1893), which however withdrew in 1900, Norway +(1896), Japan (1899), Denmark (1903), Sweden (1904), and Great Britain's +new colonies, the Transvaal and Orange Free State (1903), leaving three +nations of first rank outside the Union, <i>i. e.</i>, Austria-Hungary, +Russia, and the United States, aside from the South American countries +later associated in the Pan American Union.</p> + +<p class="sidenote"><a name="321a"></a>Paris conference, 1896</p> + +<p>The revision of the Berne convention provided for in art. XVII, which +was to be made according to the final protocol at a conference at Paris to +be called by the French government within from four to six years, was not +actually undertaken until 1896. When the signatory powers met in +conference at Paris, April 15 to May 4, 1896, they adopted an "additional +act," of four articles, which besides making verbal amendments for +clarification, substantially modified articles II, III, V, VII, XII, XX, +of the Berne convention and the first and fourth numbers of the final +protocol; and issued also an "interpretative declaration" as to both the +Berne convention and the final protocol, the additional act and the +interpretative declaration being sometimes cited together as "the Paris +acts."</p> + +<p class="sidenote"><a name="321b"></a>Paris Additional Act</p> + +<p>The Additional Act of Paris (art. I and II) included "posthumous works" +amongst protected works, replaced the privileges given to publishers by a +provision extending protection to authors not subjects of unionist +countries for works first published in one of those countries; extended +the protection of translations throughout the term of the original work, +but <a name="Page_322" id="Page_322"></a><span class="pagenum">[Pg +322]</span>with the proviso that the right for any language should expire +after ten years unless the author had provided for a translation into that +language; specifically included serial novels published in periodicals, +and required indication of the source of articles reproduced from +periodicals. The right to seize piratical works was given to the +"competent authorities" of each country without specific reference to +importation. Withdrawal by denunciation was made applicable only to the +country withdrawing, leaving the convention binding upon all others.</p> + +<p>It further provided (art. III) that the several countries of the Union +might accede to these additional acts separately, as might other +countries, and for ratification within a year and enforcement within three +months thereafter.</p> + +<p class="sidenote"><a name="322a"></a>Paris Interpretative +Declaration</p> + +<p>The Declaration, simultaneously adopted, interpreting the convention of +Berne and the Paris additional act, declared (1) that protection depends +solely on accomplishment in the country of origin of the conditions and +formalities prescribed therein; (2) that "published works" +(<i>œuvres publiées</i>) means works actually issued to the public +(<i>œuvres éditées</i>) in one of the Union +countries—"consequently, the representation of a dramatic or +dramatico-musical work, the performance of a musical work, the exhibition +of works of art, do not constitute publication"; and (3) that "the +transformation of a novel into a play, or of a play into a novel" comes +under the protection provided.</p> + +<p class="sidenote"><a name="322b"></a>Ratification in 1897</p> + +<p>The Paris acts, as adopted May 4, 1896, were ratified September 9, +1897, the declaration becoming effective immediately and the additional +act three months later. Both the additional act and the interpretative +declaration were ratified by Belgium, France, Germany, Haiti, Italy, +Luxemburg, Monaco, <a name="Page_323" id="Page_323"></a><span +class="pagenum">[Pg 323]</span>Montenegro, Spain, Switzerland and Tunis. +Great Britain ratified only the additional act and not the interpretative +declaration, while Norway, which had become a unionist country April 13, +1896, ratified only the interpretative declaration and not the additional +act. Thus from December 9, 1897, the Berne convention and the Paris acts +together constituted, with the exceptions noted, the fundamental law of +the International Copyright Union.</p> + +<p class="sidenote"><a name="323"></a>Berlin conference, 1908</p> + +<p>A second conference for revision was called in 1908 by the German +government, and met at Berlin October 14 to November 14, resulting in the +signature on November 13, 1908, of a revised convention continuing or +reconstituting the International Copyright Union and replacing by +substitution the Berne convention and Paris acts in those states accepting +it by ratification. To this conference the German government invited not +only the signatory powers of the Union, then fifteen,—Belgium, +Denmark (which had acceded to the Union in 1903), France, Germany, Great +Britain, Haiti, Italy, Japan (1899), Luxemburg, Monaco, Norway, Spain, +Sweden (1904), Switzerland, and Tunis; but also non-unionist countries, of +which representatives were sent from twenty countries,—Greece, +Holland, Portugal, Roumania and Russia, China, Persia and Siam, Liberia, +the United States of America, Mexico, Guatemala and Nicaragua, Argentina, +Chile, Colombia, Ecuador, Peru, Uruguay and Venezuela. The working +committees were made up exclusively from representatives of the signatory +powers, only these countries participating in the votes; active +participation otherwise was confined to representatives of countries +expecting to become signatory powers, Holland and Russia, while the other +participants acted as observing representatives or supplied information on +request.</p> + +<p class="sidenote"> <a name="324"></a>United States' position</p> + +<p><a name="Page_324" id="Page_324"></a><span class="pagenum">[Pg +324]</span>The United States delegate, Thorvald Solberg, Register of +Copyrights, was present only to make observations and report, with no +power to vote or to take part in the discussions, as stated in the remarks +for which, on October 15, he was called upon, as follows:</p> + +<p>"In 1885 and 1886, at the conferences convened to draft the convention +to create the International Union for the Protection of Literary and +Artistic Property, the United States was represented. At that time, +however, it was not deemed possible to send a plenipotentiary delegate, +nor could such a representative be sent to attend the first conference of +revision which met at Paris in 1896.</p> + +<p>"When the present conference was arranged for—early in the +year—the German ambassador at Washington wrote to the Secretary of +State of the United States a letter explaining the purpose and scope of +this congress, inviting the Government of the United States to send +delegates. The ambassador's letter explained that, in addition to +delegates representing governments in the union, there would be present +representatives from a considerable number of non-union nations. It was +further stated that the attendance of such delegates from non-union +countries would be greeted with special pleasure. This because of the +conviction that whatever might be the final position taken by the +non-union countries, or their laws, in relation to copyright, +participation in the proceedings of this conference by such delegates from +non-union countries would at all events contribute to arouse and increase +interest in the Berne Union and its beneficial work.</p> + +<p>"The German ambassador's letter further explained that the delegates +from non-union countries attending the conference would have full freedom +of <a name="Page_325" id="Page_325"></a><span class="pagenum">[Pg +325]</span>action; that they might confine themselves to following the +discussions without taking any stand with regard to them, and that it +would be left to the discretion of the non-union governments as to whether +they would empower their delegates to join the Berne Union.</p> + +<p>"The Government of the United States again finds it impracticable to +send a delegate authorized to commit the United States to actual adhesion +at this time to the Berne Convention. Nevertheless, it has been felt that +the representation of the United States, even within the limitations +indicated, might be beneficial: first, to indicate the sympathy of our +Government with the general purposes of the International Copyright Union; +second, to secure such information regarding the proceedings of the +conference as might prove valuable; and third, to place (by means of such +representation) at the disposal of the conference authoritative knowledge +as to the facts of copyright legislation and procedure within the United +States—information which it is hoped may be of use to the members of +the conference in their deliberations."</p> + +<p class="sidenote"><a name="325a"></a>Welcome of non-unionist +countries</p> + +<p>In response to the participation of non-unionist countries, Prof. L. +Renault of the French delegation, Chairman at the working sessions of the +conference, spoke of the wisely liberal practice of including non-unionist +countries in the invitation, recognized "the difficulty which these +countries find in passing through the halting places," which the Union had +itself gone through, and referred with especial gratification to the +representation of Holland, Russia and the United States.</p> + +<p class="sidenote"><a name="325b"></a>Death of Sir Henry Bergne</p> + +<p>The closing days of the conference were darkened by the fatal illness +of Sir Henry Bergne, head of the British delegation, who expired on +November 15, the day after the adjournment of the conference, at the <a +name="Page_326" id="Page_326"></a><span class="pagenum">[Pg +326]</span>successful culmination of work toward which he had given many +years of active and effective life.</p> + +<p class="sidenote"><a name="326a"></a>Berlin convention, 1908:<br /> + +<a name="326b"></a>"Literary and artistic works" defined</p> + +<p>The Berlin convention included thirty articles, covering the same +ground as those of the Berne convention and the Paris acts, but somewhat +differently arranged, so that comparison is not quite direct. Article 1 +reconstitutes the International Copyright Union. The expression "literary +and artistic works" is defined (arts. 2 and 3, covering previous arts. +IV-VI) as including "all productions in the literary, scientific or +artistic domain, whatever the mode or form of reproduction, such as: +books, pamphlets and other writings; dramatic or dramatico-musical works; +choregraphic works and pantomimes, the stage directions ('<i>mise en +scene</i>') of which are fixed in writing or otherwise; musical +compositions with or without words; drawings, paintings; works of +architecture and sculpture; engravings and lithographs; illustrations; +geographical charts; plans, sketches and plastic works relating to +geography, topography, architecture, or the sciences. Translations, +adaptations, arrangements of music and other reproductions transformed +from a literary or artistic work, as well as compilations from different +works, are protected as original works without prejudice to the rights of +the author of the original work." The contracting countries are pledged to +secure protection fully for these categories and for photographic works +and "works obtained by any process analogous to photography" and to +protect "works of art applied to industry" so far as domestic legislation +allows.</p> + +<p class="sidenote"><a name="326c"></a>Authors' rights<br /> + +<a name="327a"></a>"Country of origin"</p> + +<p>The convention assures (art. 4, broadening art. II) to authors within +the jurisdiction of a unionist country for their works, whether +unpublished or published for the first time in one of the countries of the +Union, such rights in each other unionist country as domestic <a +name="Page_327" id="Page_327"></a><span class="pagenum">[Pg +327]</span>laws accord to natives, as well as the rights accorded by the +convention, "not subject to any formality" and "independent of the +existence of protection in the country of origin," and regulated +exclusively according to the legislation of the country where the +protection is claimed. The "country of origin" is defined as "for +unpublished works, the country to which the author belongs; for published +works, the country of first publication" and for works published +simultaneously in several countries within the Union (as also in countries +without the Union), the unionist country granting the shortest term of +protection. Published works (<i>œuvres publiées</i>) are again +defined as works that have been issued (<i>œuvres éditées</i>). "The +representation of a dramatic or dramatico-musical work, the performance of +a musical work, the exhibition of a work of art and the construction of a +work of architecture do not constitute publication."</p> + +<p class="sidenote"><a name="327b"></a>Broadened international +protection</p> + +<p>Authors of a unionist country first publishing in another country of +the Union enjoy (art. 5) in the latter country the same rights as national +authors; and authors of a non-unionist country first publishing a work in +any unionist country enjoy (art. 6) in that country the same rights as +national authors and in the other Union countries the rights accorded by +the convention. This article greatly broadens the scope of the convention, +and by recognizing without formalities the rights of authors of +non-unionist countries, makes it of a world-wide inclusion for works +unpublished or first or simultaneously published within a unionist +country, to the full extent of domestic protection in each unionist +country, whether the country of origin does or does not grant +protection,—thus giving to citizens of the United States full +protection throughout unionist countries on the sole condition of first or +simultaneous publication within one of them. </p> + +<p class="sidenote"> <a name="328a"></a>Term</p> + +<p><a name="Page_328" id="Page_328"></a><span class="pagenum">[Pg +328]</span>The convention takes the important step (art. 7) of providing +for a uniform term of "the life of the author and fifty years after his +death" in place of the respective national terms, with the proviso that if +this term should not be adopted uniformly by all the unionist countries, +duration shall be regulated by the law of the country where protection is +claimed, but cannot exceed the term in the country of origin. For +photographic and analogous works, posthumous, anonymous or pseudonymous +works, the term of protection is regulated by the law of the country where +protection is claimed, but may not exceed the term in the country of +origin. The exclusive right of translation is assured (art. 8) for the +entire term. Serial stories and other works published in newspapers or +periodicals (art. 9) may not be reproduced, but other newspaper articles +may be reproduced by another newspaper if reproduction has not been +expressly forbidden, on acknowledgment of the source, but protection is +not extended to news of the day or press information on current topics. +The right of extract is to be governed (art. 10) by domestic +legislation.</p> + +<p class="sidenote"><a name="328b"></a>Performing rights, etc.</p> + +<p>The public representation or performance of dramatic, dramatico-musical +or musical works, whether published or not (art. 11), and adaptation, +dramatization or novelization, etc. (art. 12), are fully included; and +this protection applies (art. 13) to the mechanical reproduction of music, +with the proviso that this application shall not be retroactive and shall +be regulated in each country by domestic legislation. Infringing +mechanical musical appliances may be seized on importation even though +lawful in the country from which they come. Cinematograph and analogous +productions of literary, scientific or artistic works are included (art. +14) as subject to copyright protection. </p> + +<p class="sidenote"> <a name="329a"></a>Other provisions</p> + +<p><a name="Page_329a" id="Page_329a"></a><span class="pagenum">[Pg +329]</span>The provisions as to the identification of author or publisher +(art. 15) of the work, seizure of infringing works (art. 16) and domestic +regulation and supervision (art. 17) are continued. The convention is +applied (art. 18) to existing works, provided they have not fallen into +the public domain in the country of origin or by expiration of the term in +the country where protection is claimed.</p> + +<p class="sidenote"><a name="329b"></a>National powers reserved</p> + +<p>It is specially provided (art. 19) that the convention does not prevent +"more favorable provisions" through domestic legislation "in favor of +foreigners in general"; and the right of any country to make special +treaties conferring more extended rights (art. 20) is continued.</p> + +<p class="sidenote"><a name="329c"></a>Organization provisions</p> + +<p>The provisions as to the International Bureau made in the Berne +protocol are continued (arts. 21-23), and also those as to revision (art. +24) through conferences, to take place successively in the countries of +the Union. Accession of other countries (art. 25) and colonies (art. 26) +is to be made as heretofore, by notification through Switzerland, and it +is provided that acceding countries may adhere to the present convention +or those of 1886 or 1896. The present convention is made (art. 27) to +replace the Berne convention of 1886 and the Paris acts of 1896, but it is +specifically provided that the states signatory to the present convention +may declare their intention to remain bound by specific provisions of +previous conventions. The convention was to be ratified (art. 28) not +later than July 1, 1910, and was to take effect (art. 29) three months +thereafter, subject to withdrawal of any country by denunciation on one +year's notice, in which case the convention would still remain in force +for the other countries. It is specially provided (art. 30) that the +states which introduce into their legislation the new term of protection +<a name="Page_330" id="Page_330"></a><span class="pagenum">[Pg +330]</span>shall notify the Swiss government accordingly, and any +renouncements of reservations shall be similarly notified.</p> + +<p class="sidenote"><a name="330a"></a>Ratification in 1910</p> + +<p>The Berlin convention was signed in that city November 13, 1908, by the +representatives of Germany, Belgium, Denmark, Spain, France, Great +Britain, Italy, Japan, Liberia, Luxemburg, Monaco, Norway, Sweden, +Switzerland, Tunis, the signatories being in alphabetical order according +to the French names of the countries. Ratifications were exchanged in +Berlin June 9, 1910, and the convention became operative September 9, +1910. The convention was ratified without reservation by Germany, Belgium, +Spain, Haiti, Liberia, Luxemburg, Monaco and Switzerland, and with +reservations by France and Tunis (as to works of applied art); Japan (as +to exclusive right of translation and the public performance of musical +works); Norway (as to works of architecture, periodical articles and +retrospective action). Denmark and Italy have not ratified the Berlin +convention and therefore remain under the Berne convention and Paris +additional act and declaration. Great Britain will be enabled under the +new copyright act to accede to the Berlin convention, but has hitherto +remained under the Berne convention and the Paris additional act, and +Sweden, not having ratified, remains under the Berne convention and the +Paris declaration. Portugal acceded in 1911.</p> + +<p class="sidenote"><a name="330b"></a>Official organ</p> + +<p>The official documents of the International Copyright Union, and +especially accessions thereto, as well as current copyright information +from all parts of the world, are given in the <i>Droit d'Auteur</i>, +published monthly at Berne, under the able editorship of Prof. Ernest +Röthlisberger, from the Bureau of the Union, as its official organ.</p> + +<p class="sidenote"><a name="331a"></a>Montevideo congress, 1889</p> + +<p>Three years after the Berne convention, a congress <a name="Page_331" +id="Page_331"></a><span class="pagenum">[Pg 331]</span>of seven of the +South American republics was held at Montevideo, at which a convention +with reference to literary and artistic copyright was adopted January 11, +1889. The Montevideo convention has been ratified by Argentina (1894), +Bolivia (1903), Paraguay (1889), Peru (1889), and Uruguay (1892), though +not by Brazil and Chile, which were also participants in the congress. It +was in general on the lines of the Berne convention, though no mention was +made of unpublished works. A work first published or produced in any one +of the signatory countries and protected in that country in accordance +with its requirements, was also accorded in the other countries the rights +secured in the first country, but not for a longer term than was given in +the country where protection was claimed. Dramatic works were specifically +and playright impliedly protected. Provision was made for the inclusion of +countries outside of South America, under which Belgium, France, Italy and +Spain have become parties to the convention, but only in relation with +Argentina and Paraguay.</p> + +<p class="sidenote"><a name="331b"></a>Pan American conferences</p> + +<p>In the winter of 1889-1890, the first Pan American conference was held +in Washington, and at this a committee, of which Andrew Carnegie was the +United States member, reported in favor of the adoption of the Montevideo +convention. No action seems to have been taken, but it is probably this +convention which is referred to as the first Pan American copyright +treaty. The second Pan American copyright treaty, according to this +numeration, was that adopted at the Pan American conference in Mexico +City, signed January 27, 1902, at the same time with the patent and +trade-mark treaty. This copyright convention was modeled somewhat on the +lines of the Berne convention. At the Pan American conference in Rio de +Janeiro, 1906, what is spoken of as the third Pan <a name="Page_332" +id="Page_332"></a><span class="pagenum">[Pg 332]</span>American copyright +treaty, was adopted, and signed August 23, 1906, but this was really not +so much a new treaty, as a supplementary convention providing for the +development and regulation of international bureaus at Havana and Rio de +Janeiro, and its provisions were never put into operation. A fourth Pan +American copyright treaty, distinct from patent and trade-mark protection, +was adopted at the Pan American conference at Buenos Aires in 1910 and +signed August 11, 1910. The Mexico copyright convention was not ratified +by the Senate of the United States until 1908 and was proclaimed by the +President, April 9, 1908; the Rio convention has never been accepted by +the United States; the Buenos Aires convention, replacing that of Mexico, +was promptly approved by the U. S. Senate, February 16, 1911, but is +yet to be acted upon by the other countries.</p> + +<p class="sidenote"><a name="332a"></a>Mexico City conference, 1902</p> + +<p>At the Pan American conference held in Mexico City in 1902, the second +copyright convention was signed January 27, 1902, by representatives of +Argentina, Bolivia, Colombia, Costa Rica, Chile, the Dominican Republic, +Ecuador, Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, +Paraguay, Peru, Uruguay and the United States, the delegates of Nicaragua, +Paraguay and the United States acting <i>ad referendum</i>.</p> + +<p class="sidenote"><a name="332b"></a>Mexico convention, 1902</p> + +<p>The first article of the Mexico convention formed the signatory states +into "a Union for the purpose of recognizing and protecting the rights of +literary and artistic property," which was defined (art. 2) as including +"books, manuscripts, pamphlets of all kinds, no matter what subject they +may treat of and what may be the number of their pages; dramatic or +melodramatic works; choral music and musical compositions, with or without +words, designs, drawings, paintings, sculpture, engravings, photographic +works; <a name="Page_333" id="Page_333"></a><span class="pagenum">[Pg +333]</span>astronomical and geographical globes; plans, sketches and +plastic works relating to geography or geology, topography or +architecture, or any other science; and finally, every production in the +literary and artistic field, which may be published by any method of +impression or reproduction." Copyright was defined (art. 3) as the +exclusive right to dispose of the work, to publish, to sell and translate +it or authorize translation, and to reproduce it in any manner, in whole +or in part.</p> + +<p class="sidenote"><a name="333a"></a>Indispensable condition</p> + +<p>The "indispensable" condition of copyright was (art. 4) a petition from +the author or his representative to the proper office, presumably of his +own government, with two deposit copies, and if he desired recognition in +other countries, with additional copies for each country designated, which +copies were to be forwarded to the respective governments accompanied by a +copy of the certificate of registration. Authors were secured (art. 5) in +each country the rights granted by their own government within the term of +protection of the country of origin—in works published in +installments, the term of copyright to date from the publication of each +part. The country of origin was defined (art. 6) as that of first +publication, or in case of simultaneous publication, that having the +shortest period of protection. The name or acknowledged pseudonym on a +work (art. 9) was accepted as indication of the author except on proof to +the contrary.</p> + +<p class="sidenote"><a name="333b"></a>Special provisions</p> + +<p>Authorized translations or those of non-protected works (art. 7) could +be copyrighted as original works, but not to the exclusion of other +versions of the latter. Newspaper articles might be reproduced (art. 8) on +acknowledgment of source and author's name, if given; addresses before +legislative assemblies, court or public meetings (art. 10) might be freely +reproduced, <a name="Page_334" id="Page_334"></a><span class="pagenum">[Pg +334]</span>and extracts made (art. 11) in publications devoted to public +instruction or chrestomathy.</p> + +<p>"Unauthorized indirect use" or reprint under pretext of annotations or +criticism (art. 12) was specified as unlawful reproduction. Pirated copies +might be seized (art. 13) in any of the countries, without prejudice to +other punishment of the infringer. Each country was to exercise (art. 14) +police power in its own jurisdiction. The convention was to become +effective for each signatory power three months after communication of its +ratification to the Mexican government, and any participant might withdraw +after one year's notice of denunciation, the convention to remain binding +on the other powers. The signatory powers were to declare (art. 16) +whether they would accept accession from countries unrepresented at the +conference.</p> + +<p class="sidenote"><a name="334a"></a>Ratification</p> + +<p>The Mexico convention of 1902 was ratified by Guatemala (1902), +Salvador (1902), Costa Rica (1902), Honduras (1904) and Nicaragua (1904), +and by the United States (1908), perhaps also by the Dominican Republic +and Cuba, and does not seem to be operative in the other countries whose +representatives signed the treaty.</p> + +<p class="sidenote"><a name="334b"></a>Rio de Janeiro conference 1906</p> + +<p>At the third Pan American conference, held at Rio de Janeiro, in 1906, +a convention was signed August 23, 1906, to protect patents of invention, +drawings and industrial models, trade-marks and literary and artistic +property, thus binding in one document patent and copyright protection. +This is usually referred to as the third Pan American treaty, but it has +not been accepted by the United States, partly because of objections to +patent provisions and the combination of copyright provisions with +them.</p> + +<p class="sidenote"><a name="335"></a>Rio provisions</p> + +<p>This Rio convention re-adopted (art. 1) the Mexico treaty, with +modifications as stated in the convention. <a name="Page_335" +id="Page_335"></a><span class="pagenum">[Pg 335]</span>These provided for +two international bureaus (art. 2) for the centralization of registrations +(art. 3), one at Havana for the United States, Mexico, Central American +states, Panama, Colombia and Venezuela, Cuba, Haiti and San Domingo, and +one at Rio de Janeiro for Brazil, Argentina and the other South American +states, both to have (art. 4) identical systems and books, and to exchange +monthly authenticated copies of documents, so that the two should +practically constitute one bureau. The proper bureau was to receive (art. +5) from each country authenticated copies of its own registrations of +patents and copyrights for transmission (art. 6) to the other countries, +where they should be given full faith and credit, unless the proper bureau +be notified to the contrary within one year. The registration in one +country (art. 7) should have the same effect in each other country, as if +made in all, and the term of protection was made that provided by the +legislation of the country "where the rights originated or have been +recognized," or, if no term is specified, then for patents fifteen years, +for designs ten years, both subject to renewals, and for literary and +artistic copyright life and 25 years. The expenses of the bureau were to +be guaranteed (art. 8) by the several countries in the same proportion as +for the bureau of American Republics (now called the Pan American Union) +at Washington; the two bureaus were placed under the protection of Cuba +and Brazil under identical regulations, made by concurrence of the two +governments with the approval of the other countries; and an additional +registration fee, equivalent to $5, collected in the country of original +registration, was to be equally divided for the maintenance of the two +bureaus. The bureaus were authorized (art. 9) to (1) collect and publish +information, (2) print an official <a name="Page_336" +id="Page_336"></a><span class="pagenum">[Pg 336]</span>review, (3) to +advise the respective governments of defects, (4) to arrange for future +international conferences, (5) to make yearly report, (6) to exchange +publications with other institutions, and (7) to act as coöperative agents +for each of the governments concerned. The convention was to become +effective (art. 10) on the establishment of one of the bureaus for such +countries as should accede to the new convention, the other countries +remaining bound by the former convention; and each of the bureaus was to +be established (art. 11) as soon as two thirds of the countries in its own +group should ratify the convention, and the first bureau established might +act temporarily for the other countries. It was finally provided (art. 12) +that Brazil should be the intermediary for exchange of ratifications.</p> + +<p class="sidenote"><a name="336a"></a>Ratification</p> + +<p>The Rio convention of 1906 was ratified only by Guatemala (1907 and +1909), Salvador (1907), Nicaragua (1908) and Costa Rica (1908), and by +Chile (1910); and it never became effective.</p> + +<p class="sidenote"><a name="336b"></a>Buenos Aires conference and +convention, 1910</p> + +<p>At the fourth Pan American conference, held at Buenos Aires in +1910,—twenty powers, including all the South American countries +except Bolivia, being represented,—the fourth copyright convention +was signed August 11, 1910. It undertakes to "acknowledge and protect the +rights of literary and artistic property," and includes (art. 2) with +dramatic and musical works those of a choregraphic character. It retains +(art. 4) the definition of the scope of copyright. The provision as to the +indicated author is continued (art. 5) in more precise language. It +substitutes for the previous cumbrous method the simple provision (art. 3) +"the acknowledgment of a copyright obtained in one State, in conformity +with its laws, shall produce its effects of full right in all the other +States without the necessity of complying with <a name="Page_337" +id="Page_337"></a><span class="pagenum">[Pg 337]</span>any other +formality, provided always there shall appear in the work a statement that +indicates the reservation of the property right." It continues (art. 6) +the Mexico provisions as to copyright duration. The country of origin is +further defined (art. 7) as "that of its first publication in America," +and in case of simultaneous publication in several of the signatory +countries, then that having the shortest term of protection. It specially +provides (art. 8) that a work shall not acquire copyright through +subsequent editions. It continues also (art. 9) the provisions for +copyright in translations. It provides (art. 11) for the protection of +"literary, scientific, or artistic writings, ... published in newspapers +or magazines." But other articles may be freely reproduced, on +acknowledgment of the source, which, however, is not required for "news +and miscellaneous items published merely for general +information,"—the provisions as to extracts in journals for public +instruction or chrestomathy (art. 12) and those as to public addresses +(art. 10) subject, however, to the internal laws of each state, being +continued. The provisions as to unlawful reproduction (art. 13) are +continued, and seizure of pirated copies (art. 14), police powers (art. +15) and provisions for ratification (art. 16) are the same as in the +Mexico convention, except that the ratifications and denouncements are to +be communicated to the Argentine government. This treaty, approved by the +United States Senate, February 16, 1911, and signed by the President, +waits other ratification to become effective.</p> + +<p class="sidenote"><a name="337"></a>Attorney-General's opinion on +ratification<br /> + +<a name="338"></a>Relation with importation provisions</p> + +<p>The Mexico convention was signed by the United States delegates <i>ad +referendum</i>, and before submitting it to the Senate for ratification, +the President obtained through the Secretary of State an opinion from the +Department of Justice, as to any reason against <a name="Page_338" +id="Page_338"></a><span class="pagenum">[Pg 338]</span>its submission for +ratification, especially with reference to the act of 1891. Acting +Attorney-General Hoyt replied in a confidential report of June 3, 1902, +since made public, after quoting the prohibition of importation in section +3 of the act of 1891: "In the convention now in question there is no +inhibition against such importations as are prohibited by said section 3, +unless it can be said that such convention is 'an international agreement +which provides for reciprocity in the granting of copyrights, by the terms +of which agreement the United States of America may, at its pleasure, +become a party to such agreement,' as provided in section 13 of the same +act. It is a matter of grave doubt whether this convention, made by the +United States originally, is such an 'international agreement.' It is +therefore quite probable that its ratification would except the authors of +the nations signing it from the provisions of said section 3 of the act of +March 3, 1891, leaving the authors of other countries still subject to +such provisions. Your attention is directed to the fact that an +affirmative answer to article 16 of the convention would also except from +the provisions of said section 3 all countries that might hereafter adopt +said convention. There appears to be no legal impediment to the +ratification of this convention, nor would it constitute a breach of faith +toward other countries; and in pointing out the probable effect of some of +its provisions I do not intend thereby to express or intimate an opinion +that it ought not to be ratified." The question of the relation between +treaty provisions and domestic legislation especially affects copyright +arrangements and has been the subject of discussion and a matter of +difficulty in England and other countries as well as in the United States. +The Senate did not act finally upon the Mexico convention until 1908, when +it was duly <a name="Page_339" id="Page_339"></a><span class="pagenum">[Pg +339]</span>ratified, and this precedent opened the way for more prompt +ratification of the Buenos Aires convention.</p> + +<p class="sidenote"><a name="339a"></a>United States international +relations</p> + +<p>The United States, as a party only to the Pan American Union and not a +member of the International Copyright Union under the Berne-Berlin +conventions, has not secured for its citizens general rights of copyright +in other countries, without repetition of formalities, and such rights are +secured only in the countries designated by Presidential proclamation and +according to the formalities of their domestic legislation. It seems, +however, that citizens of the United States may obtain general protection +throughout the unionist countries by publishing in a unionist country +simultaneously with first publication in the United States, and thus +coming under the protective provisions of the Berlin convention. The +Mexico convention permits citizens of the United States to obtain +copyright in other countries ratifying that convention, by deposit at +Washington of extra copies for transmission to countries designated, with +certified copy of the registration. When the Buenos Aires convention is +ratified by other powers nothing more will then be required than the usual +application and deposit at Washington and notice of the reservation of +rights, preferably in connection with the copyright notice, of which "all +rights reserved for all countries" is the most comprehensive form.</p> + +<p class="sidenote"><a name="339b"></a>"Proclaimed" countries</p> + +<p>Under section 8 of the act of 1891, the President "proclaimed" from +time to time the existence of reciprocal relations with other countries, +which permitted their citizens to obtain copyright in the United States +under the act, and American citizens to obtain protection under their +respective copyright laws. The question of the <i>status</i> of these +countries under the act of 1909 was solved by the proclamation of the <a +name="Page_340" id="Page_340"></a><span class="pagenum">[Pg +340]</span>President on April 9, 1910, stating that "satisfactory evidence +has been received that in Austria, Belgium, Chile, Costa Rica, Cuba, +Denmark, France, Germany, Great Britain and her possessions, Italy, +Mexico, the Netherlands and her possessions, Norway, Portugal, Spain and +Switzerland, the law permits ... to citizens of the United States the +benefit of copyright on substantially the same basis as to citizens of +those countries," and proclaiming "that the citizens or subjects of the +aforementioned countries are and since July 1, 1909, have been entitled to +all the benefits of the said Act other than the benefits under section 1, +(<i>e</i>), thereof, as to which the inquiry is still pending"—the +exception being as regards mechanical music. To this list of countries, +Luxemburg was added by proclamation of June 29, 1910, and Sweden by that +of May 26, 1911.</p> + +<p class="sidenote"><a name="340"></a>Mechanical music reciprocity</p> + +<p>Under date of December 8, 1910, the first proclamation with respect to +the international protection of mechanical music was made by the +President, declaring the existence of reciprocal relations with Germany. +Belgium, Luxemburg, and Norway were added by proclamation of June 14, +1911.</p> + +<p>It may be repeated, to make the list complete, that by the ratification +in 1908 of the Mexico City convention of 1902, Guatemala, Honduras, +Nicaragua and Salvador, as well as Costa Rica, have reciprocal copyright +relations with the United States, making in all twenty-four countries +(including Japan under the treaties excepting translations, and China +under the limited provisions of the treaty of 1903) with which the United +States has international copyright relations.</p> + +<p><a name="Page_341" id="Page_341"></a><span class="pagenum">[Pg +341]</span></p> + +<h3 class="p4">XIX</h3> + +<h4>THE INTERNATIONAL COPYRIGHT MOVEMENT IN AMERICA</h4> + +<p class="p2 sidenote"><a name="341a"></a>Initial endeavor in America, +1837</p> + +<p>Simultaneously with the earliest legislation for international +copyright among European states, there was a movement in the same +direction in the United States. In the Twenty-fourth Congress, February 2, +1837, Henry Clay presented to the Senate an address of British authors +asking for copyright protection in this country. This petition was +signed by Thomas Moore and fifty-five others, and was later supplemented +by additional signatures and by an American petition to the same +effect.</p> + +<p class="sidenote"><a name="341b"></a>The British address</p> + +<p>The text of the address is as follows, the reference in paragraph seven +being to a letter by Dr. M'Vickar, printed in the New York +<i>American</i>, November 19, 1832:</p> + +<p>"The humble address and petition of certain authors of Great Britain, +to the Senate and House of Representatives of the United States, in +Congress assembled, respectfully showeth—</p> + +<p>"1. That your petitioners have long been exposed to injury in their +reputation and property, from the want of a law by which the exclusive +right to their respective writings may be secured to them in the United +States of America.</p> + +<p>"2. That, for want of such law, deep and extensive injuries have, of +late, been inflicted on the reputation and property of certain of your +petitioners; and on the interests of literature and science, which ought +to constitute a bond of union and friendship between the United States and +Great Britain. </p> + +<p><a name="Page_342" id="Page_342"></a><span class="pagenum">[Pg +342]</span> "3. That, from the circumstance of the English language being +common to both nations, the works of British authors are extensively read +throughout the United States of America, while the profits arising from +the sale of their works may be wholly appropriated by American +booksellers, not only without the consent of the authors, but even +contrary to their express desire—a grievance under which your +petitioners have, at present, no redress.</p> + +<p>"4. That the works thus appropriated by American booksellers are liable +to be mutilated and altered, at the pleasure of the said booksellers, or +of any other persons who may have an interest in reducing the price of the +works, or in conciliating the supposed principles or prejudice of +purchasers in the respective sections of your union: and that, the names +of the authors being retained, they may be made responsible for works +which they no longer recognize as their own.</p> + +<p>"5. That such mutilation and alteration, with the retention of the +authors' names, have been of late actually perpetrated by citizens of the +United States: under which grievance, your petitioners have no +redress.</p> + +<p>"6. That certain of your petitioners have recently made an effort in +defence of their literary reputation and property, by declaring a +respectable firm of English publishers in New York to be the sole +authorized possessors and issuers of the works of the said petitioners; +and by publishing in certain American newspapers, their authority to this +effect.</p> + +<p>"7. That the object of the said petitioners has been defeated by the +act of certain persons, citizens of the United States, who have unjustly +published, for their own advantage, the works sought to be thus protected; +under which grievance your petitioners have, at present, no redress. </p> + +<p><a name="Page_343" id="Page_343"></a><span class="pagenum">[Pg +343]</span> "8. That American authors are injured by the non-existence of +the desired law. While American publishers can provide themselves with +works for publication by unjust appropriation, instead of by equitable +purchase, they are under no inducement to afford to American authors a +fair remuneration for their labours: under which grievance American +authors have no redress but in sending over their works to England to be +published, an expedient which has become an established practice with some +of whom their country has most reason to be proud.</p> + +<p>"9. That the American public is injured by the non-existence of the +desired law. The American public suffers, not only from the discouragement +afforded to native authors, as above stated, but from the uncertainty now +existing as to whether the books presented to them as the works of British +authors, are the actual and complete productions of the writers whose +names they bear.</p> + +<p>"10. That your petitioners beg humbly to remind your Honours of the +case of Walter Scott, as stated by an esteemed citizen of the United +States, that while the works of this author, dear alike to your country +and to ours, were read from Maine to Georgia, from the Atlantic to the +Mississippi, he received no remuneration from the American public for his +labours; that an equitable remuneration might have saved his life, and +would, at least, have relieved its closing years from the burden of debts +and destructive toils.</p> + +<p>"11. That your petitioners, deeply impressed with the conviction that +the only firm ground of friendship between nations, is a strict regard to +simple justice, earnestly pray that your Honours, the representatives of +the United States in Congress assembled, will speedily use, in behalf of +the authors of Great Britain, <a name="Page_344" id="Page_344"></a><span +class="pagenum">[Pg 344]</span>your power 'of securing to the authors the +exclusive right to their respective writings.'"</p> + +<p class="sidenote"><a name="344a"></a>Henry Clay report, 1837</p> + +<p>The British address was referred to a select committee, whose members +were Clay, Webster, Buchanan, Preston and Ewing, which reported favorably +a bill for international copyright. The report took high ground in favor +of the rights of authors:</p> + +<p>"That authors and inventors have, according to the practice among +civilized nations, a property in the respective productions of their +genius, is incontestable; and that this property should be protected as +effectually as any other property is, by law, follows as a legitimate +consequence. Authors and inventors are among the greatest benefactors of +mankind.... It being established that literary property is entitled to +legal protection, it results that this protection ought to be afforded +wherever the property is situated.... We should be all shocked if the law +tolerated the least invasion of the rights of property, in the case of +merchandise, whilst those which justly belong to the works of authors are +exposed to daily violation, without the possibility of their invoking the +aid of the laws.... In principle, the committee perceive no objection to +considering the republic of letters as one great community, and adopting a +system of protection for literary property which should be common to all +parts of it."</p> + +<p class="sidenote"><a name="344b"></a>A prophecy of world union</p> + +<p>The address of British authors and the Clay report called forth a +little volume of "Remarks on literary property" by Philip H. Nicklin, a +Philadelphia publisher, printed by his own firm of "law booksellers" in +1838, and dedicated to Henry C. Carey, which, though somewhat caustic in +its criticisms of some of the arguments put forward by the British +authors, heartily favored international copyright. The volume, in fact, +contains a glowing prophecy of what <a name="Page_345" +id="Page_345"></a><span class="pagenum">[Pg 345]</span>was realized in +large measure in the convention of Berne a half century later, the more +interesting as coming from an American publisher, who was perhaps first to +realize in thought the world-wide possibilities of the movement then in +its beginnings. He suggested that Congress should empower the President to +appoint commissioners to meet in Europe with similar representatives from +other nations "to negociate for the enactment of a <i>uniform</i> law of +literary property, and the extension of its benefits to all civilised +nations. It should be a new chapter of the <i>Jus Gentium</i>, and should +be one law (<i>iisdem verbis</i>) for all the enacting nations, extending +over their territories in the same manner as our law of copyright extends +over the territories of our twenty-six sovereign states; so that an entry +of copyright in the proper office of one nation should protect the author +in all the others."</p> + +<p class="sidenote">"One just law"</p> + +<p>"Public opinion has made such progress in the various civilized +nations, as would justify a great movement in favour of establishing a +universal republic of letters; whose foundation shall be one just law of +literary property embracing authors of all nations, and being operative +both in peace and war. Besides the great impulse that would be given by +such a law, to the improvement of literature and intellectual cultivation, +the fellowship of interest thus created among the learned men throughout +the world, would in time grow into a bond of national peace. Authors would +soon consider themselves as fellow-citizens of a glorious republic, whose +boundaries are the great circles of the terraqueous globe; and instead of +lending their talents for the purpose of exasperating national prejudice +into hostile feeling, to further the views of ambitious politicians, they +would exert their best energies to cultivate charity among <a +name="Page_346" id="Page_346"></a><span class="pagenum">[Pg 346]</span>the +numerous branches of the Human family, to rub off those asperities which +the faulty legislation of the dark ages has bequeathed to the present +generation, and to extend the blessings of christianity to the ends of the +earth."</p> + +<p class="sidenote"><a name="346a"></a>Clay bills, 1837-42</p> + +<p>The Clay report, presented February 16, 1837, was accompanied by a bill +drawn by Clay, extending copyright to British and French authors for works +thereafter published, on condition of the issue of an American edition +simultaneously with the foreign edition or within one month after deposit +of the title in America, but it never came to a final vote, though +reintroduced by Clay in successive Congresses December 13, 1837, December +17, 1838, January 6, 1840, and January 6, 1842. In 1840, January 8, the +bill was reported back from the Judiciary Committee without recommendation +or approval. The bill was also introduced into the House of +Representatives by John Robertson, July 7, 1838, and by J. L. Tillinghast, +June 6, 1840, but here also there was no action.</p> + +<p class="sidenote"><a name="346b"></a>Palmerston invitation, 1838</p> + +<p>An invitation was extended by Lord Palmerston in 1838 for the +coöperation of the American government in an international arrangement +with Great Britain, but nothing came of it.</p> + +<p class="sidenote"><a name="346c"></a>Efforts 1840-48</p> + +<p>Dr. Francis Lieber, a well-known publicist, addressed to Senator +Preston, in 1840, a letter "On international copyright," prepared in +coöperation with George Palmer Putnam, and issued in pamphlet form by the +house of Wiley & Putnam. Charles Dickens's tour in 1841 stimulated +interest in the subject, and there were high hopes of some result. In 1843 +Mr. Putnam procured the signatures of ninety-seven publishers, printers, +and binders to a petition which was presented to Congress, setting forth +that the absence of international copyright was "alike injurious to the +business of publishing and to the best <a name="Page_347" +id="Page_347"></a><span class="pagenum">[Pg 347]</span>interests of the +people." A counter-memorial from Philadelphia objected that international +copyright "would prevent the adaptation of English books to American +wants." No result came from these petitions, nor from one presented in +1848 by William Cullen Bryant, John Jay, George P. Putnam, and others.</p> + +<p class="sidenote"><a name="347"></a>Everett treaty, 1853</p> + +<p>In 1852 a petition for international copyright, signed by Washington +Irving, James Fenimore Cooper and others, was presented to Congress; and +in 1853 Edward Everett, then Secretary of State, negotiated through the +American Minister in London, John F. Crampton, a treaty providing simply +that authors entitled to copyright in one country should be entitled to it +in the other, on the same conditions and for the same term. This treaty +was laid before the Senate in a message from President Fillmore, February +18, 1853. The Committee on Foreign Relations of the Senate, through +Charles Sumner, reported the Everett treaty favorably, but it was tabled +in Committee of the Whole. Five New York publishers addressed a letter to +Mr. Everett, supporting a convention, providing the work should be +registered in the United States before publication abroad, issued here +within thirty days after publication abroad, and wholly manufactured in +this country. It was in this year that Henry C. Carey published his famous +"Letters on international copyright," in which he held that ideas are the +common property of society, and that copyright is therefore indefensible. +Several remonstrances were also presented against the treaty from citizens +of different states. The next year the amendatory article to the Everett +treaty was laid before the Senate in a message from President Pierce of +February 23, 1854, but no action resulted. </p> + +<p class="sidenote"> <a name="348a"></a>Morris bills, 1858-60</p> + +<p><a name="Page_348" id="Page_348"></a><span class="pagenum">[Pg +348]</span>In the Thirty-fifth Congress in 1858, Edward J. Morris, of +Pennsylvania, introduced into the House of Representatives a bill on the +basis of remanufacture by an American publisher within thirty days of +publication abroad, but it does not seem to have been considered, though +it was reintroduced by him in 1860.</p> + +<p class="sidenote"><a name="348b"></a>International Copyright +Association, 1868</p> + +<p>The matter slumbered until 1868—after Dickens's second visit in +1867—when a committee consisting of George P. Putnam, S. Irenæus +Prime, Henry Ivison, James Parton, and Egbert Hazard issued an appeal for +"justice to authors and artists," calling a meeting, which was held under +the presidency of William Cullen Bryant, April 9, 1868. An International +Copyright Association was then organized, with Mr. Bryant as president, +George William Curtis as vice-president and E. C. Stedman as secretary, +whose primary object was "to promote the enactment of a just and suitable +international copyright law for the benefit of authors and artists in all +parts of the world." A memorial to Congress, asking early attention for a +bill "to secure in all parts of the world the right of authors," but +making no recommendations in detail, was signed by one hundred and +fifty-three persons, including one hundred and one authors and nineteen +publishers.</p> + +<p class="sidenote"><a name="348c"></a>Baldwin bill and report, 1868</p> + +<p>In the Fortieth Congress, in accordance with instructions to the +Committee on the Library, moved by Samuel M. Arnell of Tennessee, January +16, 1868, to report on international copyright "and the best means for the +encouragement and advancement of cheap literature and the better +protection of authors,"—a bill was introduced in the House, February +21, by J. D. Baldwin of Massachusetts, which provided for copyright on +foreign books wholly manufactured here and published by an American <a +name="Page_349" id="Page_349"></a><span class="pagenum">[Pg +349]</span>citizen. The Committee's report said: "We are fully persuaded +that it is not only expedient, but in a high degree important to the +United States to establish such international copyright laws as will +protect the rights of American authors in foreign countries and give +similar protection to foreign authors in this country. It would be an act +of national honor and justice in which we should find that justice is the +wisest policy for nations and brings the richest reward." The bill was, +however, recommitted and never more heard of.</p> + +<p class="sidenote"><a name="349a"></a>Clarendon treaty, 1870</p> + +<p>In 1870, what has since been known as the Clarendon treaty was proposed +to the American government by Lord Clarendon on behalf of the British +government, through Sir Edward Thornton, then British Minister at +Washington. This was modeled on the treaties existing between Great +Britain and other European nations, and provided that an author of either +country should have full protection in the other country to the extent of +its domestic law, on the sole condition of registration and deposit in the +other country within three months after first publication in the country +in which the work first appeared, the convention to continue in force for +five years, and thence from year to year, unless twelve months' notice of +termination were given. This was later criticised in Harper & +Brothers' letter of November 25, 1878, as a scheme "more in the interest +of British publishers than either of British or American authors," on the +ground that British publishers would secure American with British +copyright, and give no opportunity to American houses to issue works of +English authors.</p> + +<p class="sidenote"><a name="349b"></a>Cox bill and resolution, 1871</p> + +<p>The next year the following resolution, offered by S. S. Cox, was +passed by the House, December 18, 1871:</p> + +<p>"<i>Resolved</i>, That the Committee on the Library be <a +name="Page_350" id="Page_350"></a><span class="pagenum">[Pg +350]</span>directed to consider the question of an international +copyright, and to report to this House what, in their judgment, would be +the wisest plan, by treaty or law, to secure the property of authors in +their works, without injury to other rights and interests; and if in their +opinion Congressional legislation is the best, that they report a bill for +that purpose."</p> + +<p>Mr. Cox had himself presented in the Forty-second Congress, December 6, +1871, a bill for international copyright on a basis of reciprocity, +providing foreign works should be wholly manufactured in the United States +and published by American citizens, and be registered, deposited and +arrangements for such publication made within three months of first +publication in the foreign country. This bill was supported in Committee +of the Whole by speeches from Archer Stevenson, Jr., of Maryland, and J. +B. Storm, of Pennsylvania, but opposed by William D. Kelley, of +Pennsylvania.</p> + +<p class="sidenote"><a name="350"></a>The Appleton proposal, 1872</p> + +<p>Mr. Cox's resolution was acted upon in 1872 by the new Library +Committee, which invited the coöperation of authors, publishers, and +others interested in framing a bill. At meetings of New York publishers, +January 23 and February 6, 1872, a bill prepared by W. H. Appleton and +accepted by A. D. F. Randolph, Isaac E. Sheldon, and D. Van Nostrand, of a +committee, was approved by a majority vote. It provided for copyright on +foreign books issued under contract with an American publisher, "wholly +the product of the mechanical industry of the United States," and +registered within one month and published within three months from the +foreign issue, stipulating that if a work were out of print for three +months the copyright should lapse. This was in line with a letter printed +by W. H. Appleton in the London <i>Times</i>, October, 1871, denying that +there was any <a name="Page_351" id="Page_351"></a><span +class="pagenum">[Pg 351]</span>disposition in the United States to +withhold justice from English authors, but objecting to any "kind of legal +saddle for the English publisher to ride his author into the American +book-market"; in response to which Herbert Spencer, John Stuart Mill, +Froude, Carlyle, and others had signed a memorial to Lord Granville +expressing a willingness to accept a copyright on the condition of +confining American copyright to American assigns of English authors, and +excluding English publishers. Mr. Appleton's bill was opposed in a +minority report by Edward Seymour, of the Scribner house, on the ground +that it was "in no sense an international copyright law, but simply an act +to protect American publishers"; that the desired "protection" could be +evaded by English houses through an American partner; and that the act was +objectionable in prohibiting stereos, in failing to provide for +cyclopædias, and in enabling an American publisher to exclude revised +editions.</p> + +<p class="sidenote"><a name="351a"></a>Philadelphia protest, 1872</p> + +<p>A meeting of Philadelphia publishers, January 27, 1872, opposed +international copyright altogether, in a memorial declaring that "thought, +when given to the world, is, as light, free to all"; that copyright is a +matter of municipal (domestic) law; that any foreigner could get American +copyright by becoming an American citizen; and that "the good of the whole +people and the safety of republican institutions" would be contravened by +putting into the hands of foreign authors and "the great capitalists on +the Atlantic seaboard" the power to make books high.</p> + +<p class="sidenote"><a name="351b"></a>The Bristed proposal, 1872</p> + +<p>The Executive Committee of the Copyright Association met in New York, +February 2, 1872, and put forward Charles Astor Bristed's bill securing, +after two years from date of passage, to citizens of other countries +granting reciprocity, all the rights of American citizens. </p> + +<p class="sidenote"> <a name="352a"></a>Kelley resolution, 1872</p> + +<p><a name="Page_352" id="Page_352"></a><span class="pagenum">[Pg +352]</span>Probably as an outcome of the Philadelphia meeting, William D. +Kelley, of Pennsylvania, introduced into the House, February 12, 1872, and +caused to be referred to the Library Committee, the following resolution: +"Whereas it is expedient to facilitate the reproduction here of foreign +works of a higher character than that of those now generally reprinted in +this country; and whereas it is in like manner desirable to facilitate the +reproduction abroad of the works of our own authors; and whereas the grant +of monopoly privileges, in case of reproduction here or elsewhere, must +tend greatly to increase the cost of books, to limit their circulation, +and to increase the already existing obstacles to the dissemination of +knowledge: Therefore, <i>Resolved</i>, That the Joint Committee on the +Library be, and it hereby is, instructed to inquire into the +practicability of arrangements by means of which such reproduction, both +here and abroad, may be facilitated, freed from the great disadvantages +that must inevitably result from the grant of monopoly privileges such as +are now claimed in behalf of foreign authors and domestic publishers."</p> + +<p class="sidenote"><a name="352b"></a>Congressional hearings<br /> + +<a name="352c"></a>Beck-Sherman bill, 1872</p> + +<p>The Library Committee gave several hearings on the subject, February 12 +and later, and among other contributions to the discussion received a +letter from Harper & Brothers taking ground that "any measure of +international copyright was objectionable because it would add to the +price of books, and thus interfere with the education of the people"; and +a suggestion from John P. Morton, of Louisville, to permit general +republication on payment of a ten per cent royalty to the foreign author. +The same suggestion, providing for five per cent royalty, as brought +forward by John Elderkin, was introduced, in a bill, February 21, 1872, by +James B. Beck of Kentucky, in the House, and John Sherman of Ohio, in the +Senate. </p> + +<p class="sidenote"> <a name="353a"></a>Morrill report, 1873</p> + +<p><a name="Page_353" id="Page_353"></a><span class="pagenum">[Pg +353]</span>The Committee, in despair over these conflicting opinions, +presented the celebrated Morrill report of February 7, 1873, Senator Lot +M. Morrill being the chairman, including a tabular comparison of the +prices of American and English books. It said that "there was no unanimity +of opinion among those interested in the measure," and concluded:</p> + +<p>"In view of the whole case, your committee are satisfied that no form +of international copyright can fairly be urged upon Congress upon reasons +of general equity, or of constitutional law; that the adoption of any plan +for the purpose which has been laid before us would be of very doubtful +advantage to American authors as a class, and would be not only an +unquestionable and permanent injury to the manufacturing interests +concerned in producing books, but a hindrance to the diffusion of +knowledge among the people, and to the cause of universal education; that +no plan for the protection of foreign authors has yet been devised which +can unite the support of all or nearly all who profess to be favorable to +the general object in view; and that, in the opinion of your committee, +any project for an international copyright will be found upon mature +deliberation to be inexpedient."</p> + +<p class="sidenote"><a name="353b"></a>Banning bill, 1874</p> + +<p>This was decidedly a damper to the cause, and the movement lapsed for +some years, a bill submitted to the House on February 9, 1874, by Henry B. +Banning of Ohio, extending to authors the protection given to inventors, +on a basis of international reciprocity, attracting meanwhile little +attention.</p> + +<p class="sidenote"><a name="353c"></a>The Harper proposal and draft, +1878</p> + +<p>The question rested until 1878, when, under date of November 25, Harper +& Brothers addressed a letter to William M. Evarts, Secretary of +State, suggesting that previous failures were due "to the fact that all +such propositions have originated from one side only, and without prior +joint consultation and intelligent <a name="Page_354" +id="Page_354"></a><span class="pagenum">[Pg 354]</span>discussion," +reiterating "that there was no disinclination on the part of American +publishers to pay British authors the same as they do American authors," +and that "American publishers simply wished to be assured that they should +have the privilege of printing and publishing the books of British +authors"; indicating "the likelihood of the acceptance by the United +States of a treaty which should recognize the interests of all parties"; +and proposing a conference or commission of eighteen Americans and +Englishmen—three authors, three publishers and three publicists to +be appointed by each side, by the American Secretary of State and the +British Secretary for Foreign Affairs—which should consider and +present the details of a treaty.</p> + +<p class="sidenote">A suggested basis</p> + +<p>They also presented, as a suggested basis of action, what came to be +known as the "Harper draft," a modification of the Clarendon treaty, +providing that there should be registration in both countries +<i>before</i> publication in the country of origin; that international +registration should be in the name of the author: if a <i>citizen</i> of +the United States, at Stationers' Hall, London; if a <i>subject</i> of her +Majesty, at the Library of Congress, Washington; and that "the author of +any work of literature manufactured and published in the one country shall +not be entitled to copyright in the other country unless such work shall +be also manufactured and published therein, by a subject or citizen +thereof, within three months after its original publication in the country +of the author or proprietor; but this proviso shall not apply to +paintings, engravings, sculptures, or other works of art; and the word +'manufacture' shall not be held to prohibit printing in one country from +stereotype plates prepared in the other and imported for this +purpose."</p> + +<p class="sidenote">Approval of the Harper draft</p> + +<p>This draft was approved by fifty-two leading American <a +name="Page_355" id="Page_355"></a><span class="pagenum">[Pg +355]</span>authors, including Longfellow, Holmes, Emerson, and Whittier, +in a memorial dated August, 1880. The American members of the +International Copyright Committee, appointed by the Association for the +Reform and Codification of the Law of Nations, John Jay, James Grant +Wilson and Nathan Appleton, also memorialized the Secretary of State, +under date of February 11, 1880, in favor of this general plan, specifying +"within from one to three months" as the manufacturing limit. It was also +approved by the great body of American publishers, although the Putnam, +Scribner, Holt and Roberts firms in signing took exception to certain of +the restrictions, especially to the time limit of three months. George +Haven Putnam set forth the views of his house in a paper before the New +York Free Trade Club, January 29, 1879, afterward printed as <i>Economic +Monograph</i> no. XV., "International copyright considered in some of its +relations to ethics and political economy." In this he suggested +simultaneous registration in both countries, republication within six +months, and restriction of copyright protection here for the first ten +years of the term to books printed and bound in the United States and +published by an American citizen.</p> + +<p>An interesting series of replies from American authors, publishers, +etc., as to methods for international copyright, to queries from the +<i>Publishers' Weekly</i> will be found in v. 15, commencing with no. 7, +February 15, 1879.</p> + +<p class="sidenote"><a name="355"></a>Granville negotiations, 1880</p> + +<p>The "Harper draft" was submitted in September, 1880, by James Russell +Lowell, then American Minister at London, to Earl Granville, who replied, +March, 1881, that the British government favored such a treaty, but +considered an extension of the republication term to six months essential, +and to twelve months much more equitable. In the same month <a +name="Page_356" id="Page_356"></a><span class="pagenum">[Pg 356]</span>the +International Literary Association adopted a report favoring an agreement, +but protesting against the manufacturing clause and time limit. This +position was also taken at several meetings of London publishers, and F. +R. Daldy was sent to America to further the English view. Sir Edward +Thornton, British Minister at Washington, was instructed to proceed to the +consideration of the treaty, provided the term for reprint could be +extended, and both President Garfield and Secretary Blaine were understood +to favor the completion of a treaty. With the death of Garfield the matter +ended for the time.</p> + +<p class="sidenote"><a name="356a"></a>Robinson and Collins bills, +1882-83</p> + +<p>A bill dealing with the whole question of copyright, domestic and +foreign, was introduced March 27, 1882, by W. E. Robinson of New York, and +December 10, 1883, another copyright bill was introduced by P. A. Collins +of Massachusetts, but neither emerged from the Committee on Patents, to +which they were referred.</p> + +<p class="sidenote"><a name="356b"></a>American Copyright League<br /> + +<a name="356c"></a>Dorsheimer bill, 1884<br /> + +Criticisms and changes</p> + +<p>The question came to the front again in 1884. A new copyright +association, the American Copyright League, had been organized in 1883, +chiefly through the efforts of George P. Lathrop, Edward Eggleston, and R. +W. Gilder, and there was a general revival of interest in international +copyright. On January 9, 1884, William Dorsheimer, of New York, introduced +into the House his bill for international copyright, which provided for +the extension of copyright to citizens of countries granting reciprocal +privileges, so soon as the President should issue his proclamation +accepting such reciprocity, for twenty-five years, but terminable earlier +on the death of the author. This bill was the occasion of a general +discussion. The Copyright League addressed a letter to Mr. Dorsheimer +urging the modification of the above limitations, and it was particularly +pointed out that the confining of copyright to an author's lifetime would +render literary <a name="Page_357" id="Page_357"></a><span +class="pagenum">[Pg 357]</span>property most insecure. The League also +addressed a letter to the Secretary of State, urging the completion of a +treaty with Great Britain, to which F. T. Frelinghuysen replied, January +25, 1884, that while the negotiation as to the Harper draft had not been +interrupted, he thought the object might be attained by a simple amendment +to our present copyright law, based on reciprocity, after which a simple +convention would suffice to put the amendment in force. Mr. Dorsheimer's +bill was referred to the House Committee on the Judiciary, and reported +favorably, with amendments extending the copyright term to twenty-eight +years, without regard to the death of the author, with renewal for +fourteen years. The amended bill also provided that such copyright should +cease in case reciprocity was withdrawn by the other country; that there +should be no copyright in works already published, and that the provisions +of the domestic copyright law should, as far as applicable, extend also to +foreign copyrights. On the 19th of February Mr. Dorsheimer moved to make +his bill the special order for February 27, but his motion failed of the +necessary two-thirds vote, 155 voting aye, 98 nay and 55 not voting. There +was considerable opposition on the part of those who insisted upon the +remanufacture of foreign books in this country, and Mr. Dorsheimer +privately expressed himself as willing to accept, although not willing to +favor, amendments in that direction if they were necessary to insure the +passage of the bill.</p> + +<p class="sidenote"><a name="357"></a>American publishers' sentiment</p> + +<p>A circular letter of inquiry sent out by the <i>Publishers' Weekly</i> +early in 1884, showed a general desire on the part of American publishers +in favor of international copyright. The replies were summarized in v. 25 +from March, 1884. Of fifty-five leading publishers who answered, fifty-two +favored and <a name="Page_358" id="Page_358"></a><span class="pagenum">[Pg +358]</span>only three opposed international copyright. Out of these, +twenty-eight advocated international copyright pure and simple; fourteen +favored a manufacturing clause; the others did not reply on this point. +Congress adjourned, however, without taking definite action.</p> + +<p class="sidenote"><a name="358a"></a>Hawley bill, 1885</p> + +<p>President Arthur, in his message of December, 1884, put himself on +record as favoring copyright on the basis of reciprocity. A bill brought +forward in the <i>Publishers' Weekly</i> of December 6, 1884, was intended +by a form admitting of easy amendment, to facilitate the passage of some +kind of bill extending the principle of copyright to citizens of foreign +countries under limitations set forth in subsequent sections of the bill. +The Dorsheimer bill was reintroduced by W. E. English of Indiana, January +5, 1885, and on January 6 Senator Hawley introduced a general bill into +the Senate. This latter, which covered all copyright articles, was +understood to be favored by the Copyright League; it extended copyright to +citizens of foreign states, on a basis of reciprocity, for books or other +works published after the passage of the bill, by repealing those parts of +the Revised Statutes confining copyright to "citizens of the United States +or residents therein." No action was taken, however, on either the +Dorsheimer or the Hawley bill.</p> + +<p class="sidenote"><a name="358b"></a>Chace bill, 1886</p> + +<p>In his first annual message, 1885, President Cleveland referred +favorably to the negotiations at Berne, and with the opening of the +Forty-ninth Congress two bills were introduced into the Senate, that of +Senator Hawley, December 7, 1885, being essentially his bill of the +previous year, and that of Senator Chace, January 21, 1886, a new bill, +based on a plan put forward some years previously by Henry C. Lea, and now +supported by the Typographical Unions and other labor organizations. The +Hawley bill was on a simple <a name="Page_359" id="Page_359"></a><span +class="pagenum">[Pg 359]</span>basis of reciprocity; the Chace bill +required registry within fifteen days and deposit of the best +<i>American</i> edition within six months from publication abroad, at a +fee of $1, to be used in printing a list of copyright books for customs +use, the prohibition of importations and the voiding of copyright when the +American manufacturer abandons publication. The American Copyright League, +of which James Russell Lowell was president and Edmund Clarence Stedman +vice-president, favored the Hawley bill, which was practically a +modification of the Dorsheimer bill, and it was introduced into the House +by John Randolph Tucker of Virginia, January 6, 1886.</p> + +<p class="sidenote"><a name="359a"></a>Congressional hearings, 1886</p> + +<p>Hearings were held for four days by the Senate Committee on Patents on +January 28, 29, February 12, and March 11, 1886, at which Mr. Lowell, Mr. +Stedman, "Mark Twain" and others appeared on behalf of international +copyright. A memorial signed by 144 American authors, was presented in the +following terms: "The undersigned American citizens who earn their living +in whole or in part by their pen, and who are put at disadvantage in their +own country by the publication of foreign books without payment to the +author, so that American books are undersold in the American market, to +the detriment of American literature, urge the passage by Congress of an +International Copyright Law, which will protect the rights of authors, and +will enable American writers to ask from foreign nations the justice we +shall then no longer deny on our own part." The memorial was presented to +Congress in facsimile of the signatures of the authors and was reproduced +in that form in the Bowker-Solberg volume on copyright of 1886.</p> + +<p class="sidenote"><a name="359b"></a>Mr. Lowell's epigram</p> + +<p>It was at this time that Mr. Lowell wrote his famous quatrain on +"International copyright," which presented effectively the fundamental +argument:</p> + +<p><a name="Page_360" id="Page_360"></a><span class="pagenum">[Pg 360]</span> +"In vain we call old notions fudge, And bend our conscience to our +dealing; The Ten Commandments will not budge, And stealing will continue +stealing."</p> + +<p>On May 21, 1886, the Committee on Patents presented a report to the +Senate, favoring the Chace bill, but no action resulted.</p> + +<p class="sidenote"><a name="360a"></a>President Cleveland's second +message, 1886</p> + +<p>In President Cleveland's annual message December 6, 1886, at the +opening of the second session, he called the attention of Congress to the +fact that "the drift of sentiment in civilized communities toward full +recognition of the rights of property in the creation of the human +intellect has brought about the adoption by many important nations of an +International Copyright Convention, which was signed at Berne 18th of +September, 1885.... I trust the subject will receive at your hands the +attention it deserves, and that the just claims of authors, so urgently +pressed, will be duly heeded." But the Congress adjourned without heeding +them.</p> + +<p class="sidenote"><a name="360b"></a>Campaign of 1887</p> + +<p>Senator Chace reintroduced his bill into the Fiftieth Congress, +December 12, 1887. In the same month there was organized the American +Publishers' Copyright League, with William H. Appleton as president and +George Haven Putnam as secretary, and from that time forward the authors' +and publishers' leagues acted in close coöperation. Copyright associations +were formed in Boston, Chicago and elsewhere, to influence Congress and +the public; Henry van Dyke, especially by his address on "The national sin +of piracy," and other clergymen helped to emphasize the moral issue, and +authors' readings held in New York, Washington and elsewhere brought the +question widely to public notice and helped to raise funds for the +campaign. During this period, R. U. Johnson, associate editor of the +<i>Century</i> magazine, who had <a name="Page_361" +id="Page_361"></a><span class="pagenum">[Pg 361]</span>been treasurer of +the Authors' League, became its secretary, and throughout the campaigns +ending in 1891 and 1909, had the working oar. The Typographical Unions, +represented by John Louis Kennedy and James Welsh, gave support to the +bill conditioned on the acceptance of the type-setting clause, and the +opposition to it came chiefly from Gardiner G. Hubbard and certain legal +representatives of unnamed clients.</p> + +<p class="sidenote"><a name="361a"></a>Senate passage of Chace bill, +1888<br /> + +<a name="361b"></a>Bryce bill, 1888</p> + +<p>The Chace bill, modified to require printing from type set or plates +made within the United States and to prohibit the importation of +foreign-made editions, passed the Senate, Senators Chace, Hawley, Hoar and +O. H. Platt of Connecticut being foremost in its support, by vote of 35 to +10, May 9, 1888. It had been introduced into the House by W. C. P. +Breckinridge of Kentucky, March 19, and favorably reported by the +Judiciary Committee, April 21, 1888. A bill which had been introduced by +Lloyd S. Bryce of New York, January 16, and referred to the Committee on +Patents, was favorably reported by that Committee with amendment September +13, 1888. But the Mills tariff bill and other circumstances blocked the +way, and the Fiftieth Congress adjourned without action by the House.</p> + +<p class="sidenote"><a name="361c"></a>President Harrison's message, +1889<br /> + +Simonds bill, 1890<br /> + +Simonds report, 1890</p> + +<p>President Harrison, in his first annual message, December 3, 1889, to +the Fifty-first Congress, said, "The subject of an international copyright +has been frequently commended to the attention of Congress by my +predecessors. The enactment of such a law would be eminently wise and +just." Senator Chace having resigned his seat, Senator O. H. Platt became +chairman of the Committee on Patents and the chief advocate of the Chace +bill, which he reintroduced December 4, 1889. In the House it was again +introduced by Mr. Breckinridge on January 6, 1890, and <a name="Page_362" +id="Page_362"></a><span class="pagenum">[Pg 362]</span> referred to the +Judiciary Committee, which made a favorable report, prepared by G. E. +Adams of Illinois February 15, 1890. It was also introduced on the same +day by Benjamin Butterworth of Ohio, as a Republican, and referred to the +Committee on Patents, of which he was chairman. A third bill was also +introduced on January 6, by W. E. Simonds of Connecticut, amending the +patent and trade-mark acts with an incidental reference to copyright. Mr. +Simonds presented a favorable report from the Committee on Patents +February 18, but no action was taken on this report. The main bill was, +however, reported from the Judiciary Committee by Mr. Adams, and on motion +of William McKinley of Ohio, was made the special order for May 2, when it +was debated, with amendments introduced by Mr. Adams and defeated on the +third reading by a vote of 99 to 125. The bill was reintroduced, however, +by Mr. Simonds with the inclusion of a reciprocity clause, May 16, 1890, +and on June 10 the Committee on Patents through Mr. Simonds presented a +strong report with a substitute bill, essentially the same. The Simonds +report set forth that aside from "practical reasons" for the bill, "it is +a sufficient reason that an author has a natural exclusive right to the +thing having a value in exchange which he produced by the labor of his +brain and hand. No one denies and everyone admits that all men have +certain natural rights which exist independently of all written statutes." +And in respect to international protection, the report said "the United +States of America must give in its adhesion to international copyright or +stand as the literary Ishmael of the civilized world." The report is +printed in full and a detailed account of the campaign for this bill is +given in G. H. Putnam's "The question of copyright." On December 3, 1890, +the bill was again <a name="Page_363" id="Page_363"></a><span +class="pagenum">[Pg 363]</span>voted upon by the House and received a vote +of 139 to 95 on its +final passage.</p> + +<p class="sidenote"><a name="363a"></a>Senate debate, 1891</p> + +<p>In the Senate there was a notable debate lasting six days, February 9, +12-14, 17-18, 1891, in which Senators Sherman and Carlisle championed an +amendment permitting the importation of authorized foreign editions which +was opposed by the Typographical Unions as violating the manufacturing +clause, and by authors and publishers as a restriction on authors' rights +of control. Senator Frye on February 9, 1891, advocated an amendment +extending the manufacturing clause beyond books to include maps, charts, +dramatic or musical compositions, engravings, cuts, prints, photographs, +chromos and lithographs. With these and other amendments, the bill passed +the Senate 36 to 14, February 18, 1891. On February 28, 1891, the House +voted 128 to 64 non-concurrence in the Senate amendments, and a Conference +Committee was appointed.</p> + +<p class="sidenote"><a name="363b"></a>Passage of act of March 4, 1891</p> + +<p>This first Conference Committee, reporting on March 2, 1891, disagreed +on the Sherman amendment, and accepted the other Senate amendments; the +report was accepted by the House, 139 to 90, on March 2, 1891. The Senate, +on March 3, refused by a vote of 33 to 28 to recede from the Sherman +amendment, and a second Conference Committee was appointed. This second +Conference Committee modified the Sherman amendment, and after an +all-night session the copyright bill was passed, 127 to 77, by the House, +March 3, and was also passed, 27 to 18, by the Senate at half past two in +the morning, March 4, 1891.</p> + +<p>The bill as passed was in the form of amendments to the Revised +Statutes, omitting the limitation to citizens or residents of the United +States, confining copyright, in the case of a book, photograph, chromo or +lithograph, to works of which the deposit copies <a name="Page_364" +id="Page_364"></a><span class="pagenum">[Pg 364]</span>should be "printed +from type set within the limits of the United States, or from plates made +therefrom, or from negatives or drawings on stone, made within the limits +of the United States or from transfers made therefrom," and extending +copyright to citizens of a foreign country only when such country protects +American citizens "on substantially the same basis as its own citizens," +or is a party to international arrangements, as determined by proclamation +of the President.</p> + +<p class="sidenote">Approval by President Harrison</p> + +<p>The signature of President Harrison was promptly affixed before the +close of the legislative day, and the United States at last, though in a +restricted form, accepted international copyright after an exciting and +dramatic contest, which began more than half a century before. The bill +became effective July 1, 1891.</p> + +<p class="sidenote"><a name="364"></a>Review of the publishing +situation</p> + +<p>There had been a continuous growth in the United States, though +displayed somewhat intermittently, of an active sentiment in favor of +international copyright. For some years the question was less insistent, +from the practical point of view, because of what was called "the courtesy +of the trade," by which a publisher who was the first to reprint an +English work was not disturbed by rival editions of that and of succeeding +works by the same author. Under this custom, the leading American +publishers voluntarily made payments to foreign authors, in many cases the +same ten per cent paid to American authors, and reaching in one case of +"outright" purchase of "advance sheets" $5000, though there was no +protection of law for the purchase. American and English works then +competed on much the same terms. In 1876 the cheap "quarto libraries" +were started, reprinting an entire English novel, though on poor paper and +often in dangerously poor type, for 10, 15, or 20 cents. They presently +obtained the advantage, by regular <a name="Page_365" +id="Page_365"></a><span class="pagenum">[Pg 365]</span>issue (one +"library" at one time issuing a book daily, others weekly), of the low +postal rates for periodicals, of two cents a pound, and thus obtained a +further advantage over books by American authors. These quartos gradually +gave way to the "pocket edition," in more convenient shape, but not always +in better print, at 20 or 25 cents. The sales of corresponding American +books had meanwhile definitely fallen.</p> + +<p class="sidenote"><a name="365a"></a>Lack of unified policy<br /> + +<a name="365b"></a>Compromise of 1891</p> + +<p>The history of the movements for international copyright in America +shows that there had been no continuous and well-defined policy on the +part of the government authorities, or of publishers, or of authors. While +authors almost unanimously, and publishers generally, favored +international copyright, the division lines as to method were not between +authors and publishers, but between some authors and other authors, and +between some publishers and other publishers. There were those, in both +classes, who objected to any bill which did not acknowledge to the full +the inherent rights of authors, by extending the provisions of domestic +copyright to any author of any country, without regard to other +circumstances. There were others, at the other extreme, who opposed +international copyright unless it was restricted to books manufactured in +this country, issued simultaneously with their publication abroad, and of +which the importation of other than the American copies was absolutely +prohibited. The act of 1891 was finally passed with the assent of the +advocates of authors' rights who were willing to waive the abstract +principle in favor of any moderate measure which should be at least a +first step of recognition, and which might justify by its results, even to +the opponents of international copyright, further steps of future +progress.</p> + +<p class="sidenote"><a name="366a"></a>Need of general revision</p> + +<p>While the act of 1891 was unsatisfactory to the <a name="Page_366" +id="Page_366"></a><span class="pagenum">[Pg 366]</span>friends of +copyright, who desired rather that the United States might grant +unrestricted international copyright and become a signatory power in the +convention of Berne, it was thought fair and right not to attempt broader +legislation for some years. Copyright legislation had become, however, +confused and uncertain in the multiplicity of statutes, and the need of +revision was emphasized in annual and special reports by Thorvald Solberg, +an expert in copyright and skilled bibliographer, who had been appointed +Register of Copyrights on the creation of that office in 1897 with the +approval of the Librarian of Congress, Herbert Putnam, who had been +appointed in 1899. In 1903 the Register of Copyrights presented a special +report on copyright legislation which was made part of the report of the +Librarian of Congress for 1903, and accompanied by a list of all copyright +statutes by the original states and by the United States, the text of the +revised statutes with notations of later provisions and a list of foreign +copyright laws in force, which three documents were also published as +separate pamphlets.</p> + +<p class="sidenote"><a name="366b"></a>Ad interim copyright act, 1905</p> + +<p>In 1905, March 3, an act was passed granting <i>ad interim</i> +protection for one year to works in a foreign language published in a +foreign country, pending manufacture in America within one year of the +original work or a translation thereof. This protection was conditioned on +the deposit within thirty days from publication in a foreign country of a +copy of the foreign edition bearing copyright notice and a reservation in +the following form: "Published ______, 19__. Privilege of copyright in the +United States reserved under the Act approved March 3, 1905, by +______,"—which was also to be printed on all copies of the foreign +work sold or distributed in the United States. </p> + +<p class="sidenote"> <a name="367"></a>Copyright conferences, 1905-06</p> + +<p><a name="Page_367" id="Page_367"></a><span class="pagenum">[Pg +367]</span>On January 27, 1905, Senator Kittredge announced (in Senate +Report 3380) that the Committee on Patents purposed to "attempt a +codification of the copyright laws at the next session of the Congress" +and in a letter to the Librarian of Congress suggested that he call a +conference of the several classes interested in such codification. +Accordingly on April 10, the Librarian of Congress announced such a +conference, of which sessions were held at the City Club in New York, May +31 to June 2, and November 1 to 4, 1905, and in the Library of Congress, +Washington, March 13 to 16, 1906. At these conferences, organizations +representing authors, dramatic and musical as well as literary, artists, +publishers, printers, lithographers, librarians, the legal profession and +the public, participated through delegates, and discussed first a basic +memorandum presented by the American (Authors) Copyright League and +thereafter successive drafts of a copyright measure prepared by the +Register of Copyrights. As a result of these discussions, presided over by +Librarian Putnam, the final draft was prepared under the immediate +direction of the Librarian of Congress, which became the basis of the bill +"to amend and consolidate the acts respecting copyright" introduced into +the Senate by Senator Kittredge (Senate bill 6380) and into the House by +Chairman Frank D. Currier (H. R. bill 19853), May 31, 1906.</p> + +<p class="sidenote">"Copyright in Congress, 1789-1904"</p> + +<p>In connection with these conferences, a number of valuable documents +were prepared by Register Solberg and published through the Copyright +Office, among them a chronological record of "Copyright in Congress, +1789-1904," with bibliography, summarizing all Congressional proceedings +in relation to copyright through the second session of the Fifty-eighth +Congress. </p> + +<p class="sidenote"> <a name="368"></a>President Roosevelt's message, +1905</p> + +<p><a name="Page_368" id="Page_368"></a><span class="pagenum">[Pg +368]</span>Meantime President Roosevelt, in his annual message of December +5, 1905, to the Fifty-ninth Congress, had made strong recommendations in +favor of copyright reform: "Our copyright laws urgently need revision. +They are imperfect in definition, confused and inconsistent in expression; +they omit provision for many articles which, under modern reproductive +processes, are entitled to protection; they impose hardships upon the +copyright proprietor which are not essential to the fair protection of the +public; they are difficult for the courts to interpret and impossible for +the Copyright Office to administer with satisfaction to the public. +Attempts to improve them by amendment have been frequent, no less than +twelve acts for the purpose having been passed since the Revised Statutes. +To perfect them by further amendment seems impracticable. A complete +revision of them is essential. Such a revision, to meet modern conditions, +has been found necessary in Germany, Austria, Sweden and other foreign +countries, and bills embodying it are pending in England and the +Australian colonies. It has been urged here, and proposals for a +commission to undertake it have, from time to time, been pressed upon the +Congress. The inconveniences of the present conditions being so great, an +attempt to frame appropriate legislation has been made by the Copyright +Office, which has called conferences of the various interests especially +and practically concerned with the operation of the copyright laws. It has +secured from them suggestions as to the changes necessary; it has added +from its own experience and investigations, and it has drafted a bill +which embodies such of these changes and additions as, after full +discussion and expert criticism, appeared to be sound and safe. In form +this bill would replace the existing insufficient and inconsistent laws <a +name="Page_369" id="Page_369"></a><span class="pagenum">[Pg 369]</span>by +one general copyright statute. It will be presented to the Congress at the +coming session. It deserves prompt consideration."</p> + +<p class="sidenote"><a name="369a"></a>Congressional hearings, 1906-08</p> + +<p>It was arranged that the two Committees on Patents of the Senate and +House should hold joint sessions for public hearings on the copyright +bill, and these hearings were held in the Senate reading room in the +Library of Congress, the first June 6 to 9, 1906, the second December 7 to +11, 1906, the third March 26 to 28, 1908, of each of which full +stenographic reports were printed for the Committees. At the first hearing +the discussions were largely on the general principles of copyright and +their special application to the right of musical composers to control +mechanical reproduction of their works. Amendments proposed at this +hearing were printed by the Copyright Office in two parts, and a third or +supplementary part gave the comment of the Bar Associations' Committees. +Register Solberg also printed as preliminary to the second hearing the +copyright bill compared with copyright statutes then in force, and earlier +United States enactments.</p> + +<p class="sidenote"><a name="369b"></a>Kittredge-Currier reports, 1907</p> + +<p>In 1907, at the second session of the Fifty-ninth Congress, the +copyright measure was introduced by Senator Kittredge January 29, 1907 +(Senate bill 8190), accompanied later by the majority report, February 5, +1907 (Senate report 6187), and a minority report, February 7, 1907 (Senate +report 6187; part 2); and by Chairman Currier January 29, 1907 (H. R. bill +25133), accompanied later by the majority report, January 30, 1907 (H. R. +report 7083), and by a minority report, March 2, 1907 (H. R. report 7083, +part 2). No action was taken at this session.</p> + +<p class="sidenote"><a name="370a"></a>Smoot-Currier, Kittredge-Barchfeld +bills, 1907-08</p> + +<p>At the first session of the Sixtieth Congress, Senator Smoot, who had +become Chairman of the Patents Committee on the retirement from it of +Senator Kittredge, <a name="Page_370" id="Page_370"></a><span +class="pagenum">[Pg 370]</span>introduced a majority bill December 16, +1907 (Senate bill 2499), and Senator Kittredge a minority bill December +18, 1907 (Senate bill 2900); and in the House, Chairman Currier introduced +the majority bill December 2, 1907 (H. R. bill 243), and A. J. Barchfeld +the minority bill January 6, 1908 (H. R. bill 11794). The Smoot-Currier +bills, practically identical, were less favorable to authors, particularly +in respect to mechanical reproductions of music, than the +Kittredge-Barchfeld bills; and in a pamphlet "The copyright bills in +comparison and compromise," prepared by R. R. Bowker in behalf of the +American (Authors) Copyright League in March, 1908, the features of the +several measures were compared and the views of the Copyright League set +forth in a combined measure, with annotations. The "canned music" +question, indeed, absorbed most of the time at the third hearing, in the +stenographic report of which a combined index to the several hearings was +printed.</p> + +<p class="sidenote"><a name="370b"></a>Washburn, Sulzer, McCall, Currier +bills, 1908</p> + +<p>After the hearings, other bills were introduced into the first session +of the Sixtieth Congress by C. G. Washburn May 4, 1908 (H. R. bill 21592), +more fully representing authors' views; by Wm. Sulzer May 12, 1908 (H. R. +bills 21984, 22071), embodying views of dramatic authors; by S. W. McCall +May 12, 1908 (H. R. bill 22098), embodying an amendment to the +manufacturing clause as phrased by the American (Authors) Copyright +League, excepting from the manufacturing provision "the original text of a +foreign work in a language other than English," and by Chairman Currier +May 12, 1908 (H. R. bill 22183). But again no action was taken at this +session.</p> + +<p class="sidenote"><a name="371a"></a>Fourth Congressional hearing, +1909</p> + +<p>At the short (second) session of the Sixtieth Congress the copyright +bills were reintroduced in the House by Mr. Barchfeld December 19, 1908 +(H. R. bill 24782), by Mr. Sulzer January 5, 1909 (H. R. bill <a +name="Page_371" id="Page_371"></a><span class="pagenum">[Pg +371]</span>25162), by Mr. Washburn January 15, 1909 (H. R. bill 26282). On +January 20, 1909, a fourth public hearing, specifically on "common law +rights as applied to copyright," was given by the Copyright Subcommittee +of the House Committee on Patents, to which had been referred the +preparation of a final draft, which hearing was reported with the +inclusion of a communication of Arthur Steuart, Esq., Chairman of the +Copyright Committee of the American Bar Association, giving a careful +analysis of the several common law rights possible as to copyright +property. After this hearing there were further reintroductions of +copyright bills by Mr. Washburn January 28, 1909 (H. R. bill 27310), by +Chairman Currier February 15, 1909 (H. R. bill 28192), and in the Senate +by Senator Smoot February 22, 1909 (Senate bill 9440).</p> + +<p class="sidenote"><a name="371b"></a>Passage of act of March 4, 1909</p> + +<p>The Currier bill was referred to the Committee of the Whole February +22, when a report (H. R. report 2222) was presented. On February 26, +amendments were agreed to by the House Committee on Patents; on March 2 +the bill had a further reading, and on March 3 was briefly discussed and +passed by the House. Senator Smoot had reported to the Senate March 1, +1909, with a report from the Committee (Senate report 1108), and on March +3 the bill as passed by the House was brought before the Senate, briefly +discussed, and passed. The exact votes were not recorded.</p> + +<p class="sidenote">Approval by President Roosevelt</p> + +<p>It had scarcely been hoped at the beginning of 1909 by the friends of +copyright that the act could be passed during the short session, but the +energy of Chairman Currier, complemented by Senator Smoot in the Senate, +carried the bills through, and on March 4, the last day of the +administration of President Roosevelt, himself an author of distinction +and member <a name="Page_372" id="Page_372"></a><span class="pagenum">[Pg +372]</span>of the Authors Club, he had the satisfaction of signing, as one +of his last acts, a copyright bill completely codifying the law of +copyright and greatly broadening international copyright. The copyright +code, as in force July 1, 1909, is printed with an index and with the +regulations adopted by the U. S. Supreme Court, as Copyright Office +Bulletin 14.</p> + +<p class="sidenote">Code of 1909<br /> + +<a name="372"></a>Hopes of future progress</p> + +<p>The code of 1909 made the manufacturing clause more drastic, though +freeing photographs from its provisions, by requiring in the case of +books, periodicals, lithographs and photo-engravings that they should be +completely manufactured within the United States, including printing and +binding as well as type setting, with requirement of affidavit from +printer or publisher in the case of books; but made on the other hand a +further approach to complete international copyright in freeing from the +manufacturing clause "the original text of a book of foreign origin in a +language or languages other than English," thus relieving a difficult +situation which threatened retaliation and the rupture of copyright +relations by Germany and other countries, and in extending protection to +mechanical music reproductions on a reciprocal basis. The hopes of the +friends of copyright will not, however, be fully realized until the +manufacturing clause, with the affidavit provision, is repealed, and the +United States enabled by Congress to join the family of civilized nations +as a signatory power in the Berlin convention.</p> + +<p><a name="Page_373" id="Page_373"></a><span class="pagenum">[Pg +373]</span></p> + +<h3 class="p4">XX</h3> + +<h4>COPYRIGHT THROUGHOUT THE BRITISH EMPIRE</h4> + +<p class="p2 sidenote"><a name="373a"></a>English and American systems</p> + +<p>Copyright in America has been so much modeled on English statutes, +decisions and precedents, that the previous chapters have covered most of +the points of copyright law in the United Kingdom. There are two essential +points of difference, however, between the English and American systems. +British copyright has depended essentially upon first publication, not +upon citizenship; and registration and deposit, which are here a <i>sine +qua non</i>, have there been necessary only (except in the case of works +of art) previous to, and as a basis for, an infringement suit.</p> + +<p class="sidenote"><a name="373b"></a>First publication and residence</p> + +<p>A book first published in the United Kingdom (England, Scotland, Wales, +and Ireland) has been <i>ipso facto</i> copyright, under the act of 1842, +throughout British dominions; and this protection was definitely extended, +by the act of 1886, to a work first published elsewhere in the British +dominions. This held whether the author were a natural-born or naturalized +British subject, wherever resident; or a person who was at the time of +publication on British soil, colonies included, and so "temporarily a +subject of the Crown—bound by, subject to, and entitled to the +benefit of the laws," even if he made a journey for this express purpose; +or, probably but not certainly, an alien friend not resident in the United +Kingdom nor in a country with which there was copyright reciprocity. Under +the statute of Anne, it was decided by the Law Lords, in the case of +Jefferys <i>v.</i> Boosey (overruling Boosey <i>v.</i> Jefferys), that a +person not a British subject or resident was not entitled to copyright <a +name="Page_374" id="Page_374"></a><span class="pagenum">[Pg +374]</span>because of first publication in England, but the statute of +1842 was construed to alter this. In the ruling case under the last-named +statute, Routledge <i>v.</i> Low, in 1868, Lords Cairns and Westbury laid +down explicitly that first publication was the single necessity, and that +copyright was not strengthened by residence; though Lord Cranworth +objected and Lord Chelmsford doubted whether this was good law. It was +because of this doubt that American authors had been accustomed to make a +day's stay in Montreal on the date of English publication of their books. +This decision was accepted by the law officers of the Crown and became in +1891 the basis for the reciprocal relations proclaimed by the President of +the United States.</p> + +<p class="sidenote"><a name="374a"></a>Variations in copyright terms</p> + +<p>The copyright term in Great Britain has differed for the several +subjects of copyright, under the divers acts as stated in previous +chapters, the general term being for life and seven years or for forty-two +years, whichever the longer. Registration at Stationers' Hall has been +requisite only (except in the case of works of art) as preliminary to +suit, and infringement previous to registration was punishable. Deposit of +one copy in the British Museum has been required within a stated time from +publication, but only on penalty of fine and not forfeiture of copyright, +and the four university libraries might demand copies. Under the +international copyright acts, registration and deposit at Stationers' Hall +for transmission to the British Museum was requisite for foreign works; +but this was made unnecessary by the adhesion of Great Britain to the +International Copyright Union.</p> + +<p class="sidenote"><a name="374b"></a>The new British code</p> + +<p>The Copyright Act, 1911, as amended by the Lords, which became law (1 +& 2 Geo. v. c. 46) on Crown approval December 16, 1911, provides a +codification for the British Empire as comprehensive as <a name="Page_375" +id="Page_375"></a><span class="pagenum">[Pg 375]</span>the American code. +The act covers as Part I, Imperial copyright, Part II, International +copyright, Part III, Supplemental provisions. The act extends throughout +His Majesty's dominions, but is not to be in force in a self-governing +dominion (Canada and Newfoundland, Australia and New Zealand, and South +Africa) unless enacted by the legislature thereof, either in full or with +modifications relating exclusively to procedure and remedies or necessary +to adapt the act to the circumstances of the dominion, in case of which +adoption the legislature may repeal the act or enact supplementary +legislation with reference to works first published or whose authors are +resident within the dominion. Thus the bill practically permits the +self-governing colonies to legislate independently, each for itself within +its domain. The act may also be extended by Orders in Council to English +protectorates "and Cyprus." Its provisions are also made applicable (by +Part II on international copyright) through Orders in Council to subjects +or citizens of foreign countries, directly or through separate action by +self-governing dominions, under conditions which practically cover +countries within the International Copyright Union under the Berne-Berlin +conventions, though these are not named in the act; and to countries +having reciprocal relations,—with authority to the Crown to withdraw +any benefits of the act from citizens of countries not giving reciprocal +protection. This code is based largely upon previous British practice, +though with considerable extension and improvement.</p> + +<p class="sidenote"><a name="375"></a>Scope and extent</p> + +<p>Copyright under this code covers "every original literary, dramatic, +musical, and artistic work," first published within the included parts of +His Majesty's dominions, and in the case of an unpublished work, the +author of which was "at the date of the making <a name="Page_376" +id="Page_376"></a><span class="pagenum">[Pg 376]</span>of the work" a +British subject or a resident domiciled within such included parts [or +under protection through the international copyright provisions].</p> + +<p class="sidenote"><a name="376a"></a>Publication</p> + +<p>"A work shall be deemed to be published simultaneously in two places if +the time between the publication in one such place and the publication in +the other place does not exceed fourteen days," or such longer period as +may be fixed by Order in Council. Publication is expressly distinguished +from performance, exhibition or delivery.</p> + +<p class="sidenote"><a name="376b"></a>Definition of copyright</p> + +<p>Copyright is defined to mean "the sole right to produce or reproduce +the work or any substantial part thereof in any material form whatsoever" +or any translation thereof, to publish, perform, or deliver the work in +public, to dramatize or novelize it, to make any record, roll, film or +other contrivance by which it may be mechanically performed or delivered +or to authorize any such acts. Architectural works of art are included as +to design but not process or method.</p> + +<p class="sidenote"><a name="376c"></a>Infringement and exceptions +thereto</p> + +<p>Infringement is comprehensively and sweepingly defined to cover any +copying or colorable imitation of any copyright work or the doing by an +unauthorized person of "anything the sole right to do which is by this Act +conferred on the owner of the copyright." The code specifically excepts +from the provisions against infringement (1) any "fair dealing" for +private study, research, review or newspaper summary; (2) the use by an +artist who has sold his copyright in a work of moulds, sketches, etc., +except to repeat or imitate the design of that work; (3) the making or +publishing of paintings, drawings, engravings, or photographs of a work of +sculpture or artistic craftsmanship, if permanently situate in a public +place or building, or (if not in the nature of architectural drawings or +plans) of an architectural work of art; (4) the use in collections +described and advertised as for school <a name="Page_377" +id="Page_377"></a><span class="pagenum">[Pg 377]</span>use, of extracts +from copyright works (not themselves published for the use of schools), +not more than two from any one author, and not duplicated within five +years by the same publisher; (5) the newspaper report of a public lecture, +unless specifically prohibited by exhibited notice; and (6) the reading or +recitation in public by one person of any reasonable extract.</p> + +<p class="sidenote"><a name="377a"></a>Term</p> + +<p>The copyright term is for the life of the author and fifty years after +his death, with provision that after an author's death the Judicial +Committee of the Privy Council may, on allegation of the withholding of +the work, require grant of license to reproduce, publish or perform it. +Posthumous works, works the property of the Crown, photographs and +mechanical music reproductions, are protected for fifty years; but no +specific term seems to be indicated for anonymous or pseudonymous works as +such. Works of joint authorship are protected for fifty years after the +death of the author who <i>first</i> dies, or during the life of the +author who dies last, whichever the longer period, and such works may be +protected by action of any one of the authors. Twenty-five years, or for +existing works thirty years after an author's death, any person may under +specified conditions publish a copyright work on payment of ten per cent +royalty—following an Italian precedent. Compulsory license is also +provided for mechanical music reproductions, in case the author permits +any such reproduction—following the American provision. University +copyrights are continued in perpetuity only for existing copyrights.</p> + +<p class="sidenote"><a name="377b"></a>Ownership</p> + +<p>The author of a work is the first owner of the copyright, except in the +case of a work done on order or in the course of contract employment. The +owner of a copyright may by an assignment in writing assign his rights +wholly or partially, and either generally or as limited to any part of His +Majesty's dominions, or <a name="Page_378" id="Page_378"></a><span +class="pagenum">[Pg 378]</span>for the whole term of copyright or any part +thereof, or license accordingly. But no assignment otherwise than by will +shall be operative beyond twenty-five years from the death of the author, +when the copyright reverts to his natural heirs, following Spanish +precedent.</p> + +<p>Registration provisions are altogether omitted from the new +measure.</p> + +<p class="sidenote"><a name="378a"></a>Deposit copies</p> + +<p>Deposit is required at the British Museum within one month after +publication, "of every book published in the United Kingdom" on penalty of +fine not exceeding five pounds and the value of the book, and copies must +also be supplied to the four university libraries, and for specific +classes to the National Library of Wales, on demand—the "best" +edition in the case of the British Museum, and that of which most copies +are sold in the other cases.</p> + +<p class="sidenote"><a name="378b"></a>Importation</p> + +<p>Importation of "copies made out of the United Kingdom ... which if made +within the United Kingdom would infringe copyright," is prohibited, on +notification in writing to the Commissioners of Customs (the Isle of Man +being specifically excepted from this provision), and similar prohibition +is authorized as to British possessions. The use in the section on +infringement of the phrase "imports for sale or hire," taken from the act +of 1842, involves a possible limitation of this prohibition which is +discussed in the chapter on importation.</p> + +<p class="sidenote"><a name="378c"></a>Remedies</p> + +<p>The usual civil remedies are provided, actions being limited within +three years from the infringement. If the real name of an author, or in +the absence of such, the name of a publisher, is indicated on a work, that +is <i>prima facie</i> evidence of copyright ownership in the prosecution +of infringement. An infringer may be relieved from damages (but not from +injunction) on proving innocence; architectural infringements may <a +name="Page_379" id="Page_379"></a><span class="pagenum">[Pg 379]</span>not +be enjoined after commencement of the structure, but are punishable by +damages. On summary conviction any person who knowingly for sale or hire +or for trade makes, sells or lets, distributes, exhibits, or imports +infringing copies, shall be liable to a fine not exceeding forty shillings +for each copy or fifty pounds for the same transaction, or in the case of +a second offense, to imprisonment not exceeding two months; and similar +provision is made as to infringing performance. The summary remedies in +the musical copyright acts of 1902 and 1906 remain unrepealed.</p> + +<p class="sidenote"><a name="379a"></a>General relations</p> + +<p>The provisions of the code are extended to cover existing copyrights. +Common law rights are specifically abrogated by provision confining the +protection of an unpublished as well as a published work to statutory +provisions.</p> + +<p class="sidenote"><a name="379b"></a>Acts repealed</p> + +<p>The measure repeals all existing enactments except sections seven and +eight (modified) of the fine arts copyright act, 1862 (25 & 26 Vict. +c. 68), which deal with fraudulent signature or marketing of art works and +concern fraud rather than copyright, and the musical copyright acts of +1902 and 1906, providing summary remedies for piracy of musical works; and +the provisions regarding copyrights of the customs and revenue acts are +continued with modifications conforming them to this act.</p> + +<p>The act does not apply to designs capable of being registered under the +patents and designs act, 1907. Schedules of existing and corresponding +rights and of enactments repealed are appended to the bill. The act is +effective July 1, 1912, unless earlier made effective by Order in +Council.</p> + +<p class="sidenote"><a name="379c"></a>Changes from original bill</p> + +<p>It may be noted that the new British measure had been much +modified,—especially in the Committee stage, where efforts to +reconcile conflicting interests <a name="Page_380" id="Page_380"></a><span +class="pagenum">[Pg 380]</span>were chiefly effective,—since its +introduction as a Government measure in 1910. In the earlier form it was +provided that the contributor of an article or contribution, periodical +articles included, might retain a specific copyright except as against the +proprietor of a collective work, and that an article in a newspaper, not +being a tale or serial story, might be reproduced in another newspaper in +default of a notice expressly forbidding it, providing the source were +duly acknowledged. University copyrights, new as well as old, it was then +proposed should still be perpetual. Copyright, it was specifically +provided, should not pass from an artist when he sells his original work +except by agreement in writing, but subsequent transfers of the original +work from an owner also of the copyright, should transfer the +copyright—but this is probably taken as implied in the new law. +Registration at Stationers' Hall was continued and made applicable to all +classes of works, and though optional, it was practically necessitated by +the ingenious provision that in the absence of such registration an +infringer might plead ignorance and be freed from damages. The summary +provisions of the musical copyright acts were extended to cover other +works, and these acts it was therefore proposed to repeal. The compulsory +license provision limiting musical copyright and certain provisions as to +ownership and term were introduced in the Committee stage. The word +"infringing" was substituted for "piratical" in Parliamentary debate to +conciliate a supersensitive member. The compromises and modifications +indicated brought the measure before Parliament as an "agreed upon" +bill.</p> + +<p class="sidenote"><a name="380"></a>Isle of Man<br /> + +<a name="381a"></a>Channel Islands</p> + +<p>The Isle of Man applies the copyright law of the United Kingdom, and +has a supplementary law of 1907, applying British legislation on +engravings and <a name="Page_381" id="Page_381"></a><span +class="pagenum">[Pg 381]</span>prints, sculpture, paintings, etc., and +musical compositions, quite up to date, embodying in the latter section +the latest provisions as to summary proceedings in the protection of +music—this being enacted by "the Deemsters and Keys in Tynwald +assembled," as the tiny Manx parliament is quaintly called. The Channel +Islands of Jersey and Guernsey also apply British copyright law by +ordinances or local legislation in their respective domains.</p> + +<p class="sidenote"><a name="381b"></a>International relations</p> + +<p>Great Britain was one of the original parties to the Berne convention +and accepted the additional act, but not the interpretative declaration of +Paris, and the passage of the new measure will permit adhesion to the +Berlin convention. She has a special treaty with Austria-Hungary (1893), +sometimes cited as the treaty of Vienna of 1893, and has been in +reciprocal relation with the United States as a "proclaimed" country since +July 1, 1891.</p> + +<p class="sidenote"><a name="381c"></a>Colonial relations</p> + +<p>The British dominions outside of the United Kingdom and Ireland are, in +general, under the like provisions of Imperial copyright law, including +the law of 1842 and earlier unrepealed or subsequent acts, the colonial +copyright act of 1847 and the international copyright act of 1886 being +especially important. They are also generally included under British +international relations embracing the Berne-Paris provisions of the +International Copyright Union and the reciprocal relations with the United +States, but with the exception that in the Austria-Hungary treaty, Canada, +New South Wales and Tasmania (both now part of the Australian +Commonwealth), and Cape Colony (now part of the Union of South Africa) are +not parties, because these colonies did not exercise the right of +ratification specifically reserved to individual colonies.</p> + +<p class="sidenote">Judicial confirmation</p> + +<p>The application of the Berne convention to the British possessions was +upheld in an important <a name="Page_382" id="Page_382"></a><span +class="pagenum">[Pg 382]</span>Canadian decision, when in 1906 Justice +Fortin, in Mary <i>v.</i> Hubert, in the Quebec Court of King's Bench, +held that the British international copyright act in relation with the +Berne convention protected a French work from Canadian reprint, though the +author had not complied with specific Canadian requirements,—a most +significant decision in defense of international copyright.</p> + +<p class="sidenote"><a name="382"></a>Local legislation</p> + +<p>Under the colonial copyright act of 1847, which declared local +legislation or decrees repugnant to the Imperial law to be null and void, +local legislation consonant with Imperial acts was permitted, subject to +approval by the Crown through Orders in Council, in which case prohibition +of importation of foreign reprints might be suspended by Order in Council +with regard to the particular colony. Under this act, local legislation +with special provisions existed in British India and other colonies, as +well as in the "self-governing dominions," which last now include Canada +and Newfoundland, Australia and New Zealand, and South Africa, and which +have somewhat greater powers of local legislation. Under these local +provisions, the Imperial law still prevails, local legislation being +concurrent but not necessarily co-terminous with it, as is particularly +noticeable in Canada, where there has been more or less conflict between +the Imperial and Dominion authorities. Local protection may thus be +extended, for instance, to works not first published within the British +possessions, or in a unionist country, but copyright cannot be denied to +works thus first published; and the Crown disapproves or disallows laws or +provisions construed by the Imperial authorities to be repugnant to +Imperial law. More than a score of colonies have adopted local laws or +ordinances, some of which have been disallowed by the Crown. The +<i>status</i> of copyright in the several colonies <a name="Page_383" +id="Page_383"></a><span class="pagenum">[Pg 383]</span>is thus indefinite +and confusing, even to the best-informed English jurists, and can seldom +be stated with certainty. Under the new British code, the "self-governing +dominions" will have the right to accept the Imperial code, either +completely or with adaptation to local judicial methods, or to legislate +independently.</p> + +<p class="sidenote"><a name="383a"></a>Canadian copyright history</p> + +<p>In respect to the colonies now constituting the Dominion of Canada, +before British copyright protection had been definitely extended to works +first published outside the United Kingdom, Lower Canada in 1832, Canada +(upper) in 1841 and Nova Scotia in 1847 had passed copyright statutes to +protect authors of books first published in the respective provinces. On +the passage of the Imperial act of 1847, authorizing the suspension of +that portion of the act of 1842 which prohibited the importation of +foreign reprints of British copyright works, as to any colony in which +provision should be made by local legislation for protecting the rights of +British authors, Orders in Council were passed for Nova Scotia and New +Brunswick in 1848 and for Canada in 1850, suspending such prohibition, +following satisfactory protection accorded by local acts in those years. +These local acts provided for the collection of an impost on foreign +reprints of works by British authors in favor of the author or copyright +owner.</p> + +<p class="sidenote"><a name="383b"></a>Dominion of Canada: early acts</p> + +<p>In 1867 the British North America act (30 & 31 Victoria, c. 3) was +passed, providing for the union of Canada and the other North American +provinces (except Newfoundland) under the title of the Dominion of Canada, +and section 91 of this act specified copyright among the subjects which +were to be within the legislative authority of the Parliament of Canada. +At the first session of the first Dominion Parliament in 1868, a general +copyright act was accordingly <a name="Page_384" id="Page_384"></a><span +class="pagenum">[Pg 384]</span>passed, which was followed in the same year +by an act continuing the customs duty of 12-1/2 per cent on foreign +reprints of British copyright works, and an Imperial Order in Council was +passed July 7, 1868, continuing Canada within the provisions of the +foreign reprints act of 1847. The returns to British authors from this +duty proved so small—only £1084 in ten years—that there was +much dissatisfaction, and this impost was finally discontinued in 1895, +whereupon the suspension under the Imperial act of 1847 of the prohibition +of importation ceased to be in force in Canada and foreign reprints of +British copyright works were again under the Imperial law prohibited.</p> + +<p class="sidenote"><a name="384"></a>Acts of 1875</p> + +<p>In 1872 a new Canadian copyright act was passed, but it was disallowed +by the Imperial authorities, whereupon, in 1875, the Parliament of Canada +passed a new act, carefully drawn to avoid conflict with Imperial +legislation. To remove any doubts as to its validity, the "Canada +copyright act" of 1875 was passed by the British Parliament to authorize +the royal assent. This Imperial act forbade the importation into the +United Kingdom of colonial reprints, though authorized for the Canadian +market by British authors (and therefore not piracies), of any work which +might be copyrighted in Canada, and in which copyright subsisted in the +United Kingdom. The Canadian act of 1875 then received the approval of the +Crown, and as replaced and substantially re-enacted by the Revised +Statutes of Canada, 1886 (c. 62),—which also included (as c. 37) the +amendatory act of 1886, prohibiting the importation of "reprints of +Canadian copyright works and reprints of British copyrighted works which +have been also copyrighted in Canada,"—is still in force, being now +Revised Statutes, 1906, c. 70, pt. I, as the fundamental Canadian <a +name="Page_385" id="Page_385"></a><span class="pagenum">[Pg +385]</span>copyright law, subject to amendments since passed and approved. +The Imperial and Canadian laws of 1875, taken together, make it possible +to issue in Canada cheaper reprints of British copyright works, by +arrangement with the author or copyright owner, without interfering with +the more costly English editions.</p> + +<p class="sidenote"><a name="385a"></a>License acts disallowed</p> + +<p>It should here be noted that the Canadian act of 1889, as amended by +the Canadian act of 1895, constituting Part II of chapter 70 of the +Revised Statutes, 1906, has never been approved and brought into force by +proclamation of the Governor-General. The act of 1889, following the +Imperial international copyright act of 1886, extended Canadian copyright +on condition of registration with the Minister of Agriculture, and +printing and publication or production in Canada within one month after +publication or production elsewhere, and provided that the Minister of +Agriculture might grant licenses, not exclusive, for the production of +works not thus protected on an undertaking to pay to the author ten per +cent royalty on the retail price, in which case importation of +foreign-made (but not British) editions might be prohibited during the +copyright period. The act of 1895 extended this license system to works +which the copyright proprietor failed to keep in print in Canada, unless +he should give satisfactory assurance of prompt reissue. These acts, as +noted, never became effective.</p> + +<p class="sidenote"><a name="385b"></a>The Fisher act, 1900</p> + +<p>In 1900 an amendment to the copyright act was passed which is sometimes +referred to as the Fisher act. It provides that if a book, as to which +there is subsisting Canadian copyright under the copyright act, has first +been published in any part of the British dominions other than Canada, and +the owner of the copyright has granted a license to reproduce in <a +name="Page_386" id="Page_386"></a><span class="pagenum">[Pg +386]</span>Canada an edition of such book designed for sale in Canada +only, the Minister of Agriculture may prohibit the importation into +Canada, except with the written consent of the licensee, of any copies of +such book printed elsewhere, excepting two copies each for the use of +public or institution libraries. There is some question as to the +compatibility of this act with Imperial law.</p> + +<p class="sidenote"><a name="386a"></a>Minor acts<br /> + +<a name="386b"></a>Short form of notice</p> + +<p>An act of 1887 had authorized the transfer from the Minister of +Agriculture to the Minister of Trade and Commerce of the registration of +industrial designs and trade-marks, but this transfer has never taken +place. The acts of 1890 and 1891 provided for copyright suits in the +Exchequer Court of Canada in the name of the Attorney-General or at the +suit of any person interested. The act of 1895 also contained a provision +adding to the two deposit copies required for Canada a third for deposit +in the British Museum. Finally an act of 1908 substituted the short form +of copyright notice, "Copyright, Canada, 19__, by A. B." This completes +the history of Canadian copyright legislation.</p> + +<p class="sidenote"><a name="386c"></a>Proposed Canadian copyright code, +1911</p> + +<p>The copyright legislation of Canada will presently be replaced by a +comprehensive code, utilizing the permission granted by the new Imperial +copyright measure to self-governing dominions. The new bill, of which the +original text, as submitted to Parliament April 26, 1911, is given in full +in the appendix, will establish relations between the Dominion of Canada +and the Imperial authority closely similar to those established by the +Australian act of 1905, between that Commonwealth and the home government. +It pushes still further the precedent of "protection to home industries" +followed by American copyright legislation since 1891, and is a far more +drastic measure, evidently in retaliation against the <a name="Page_387" +id="Page_387"></a><span class="pagenum">[Pg 387]</span>United States and +with preferential relations toward Great Britain in view. Americans can +scarcely criticize, however, the logical application in Canada of +legislation on this side of the border. Copyright is to "subsist in every +original literary, dramatic, musical and artistic work the author of which +was at the date of making the work a <i>bona fide</i> resident in Canada," +not first published outside Canada (simultaneous publication being defined +as within fourteen days), conditioned on registry before publication, and +the manufacture of every copy within Canada. One registration of a +periodical is to protect all future issues. Copyright it is proposed to +define broadly, as in the new English bill, including the right "if the +work is unpublished, to publish the work," thus bringing unpublished works +within the statute law and probably excepting them from common law +protection; and protection against mechanical music reproduction is also +to be included. The term is to be for the life of the author and fifty +years thereafter, with the new British proviso as to works of joint +authorship, that the term is to be for the life of the author who dies +first and fifty years thereafter, or the life of the author who dies last, +whichever period is the longer. Assignment of copyright must be in +accordance with the acts, and be registered. Importation of copies made +out of the British dominions is prohibited. In case of a license for a +Canadian edition of a book, copies printed elsewhere may be prohibited +importation, except two copies for library use. Copyright may also be +extended to foreign citizens under arrangements made by the governor in +Council. British subjects resident elsewhere than in Canada may be brought +under the act by Order in Council.</p> + +<p class="sidenote"> <a name="388a"></a>Imperial and Canadian copyright<br +/> + +<a name="388b"></a>Requisites for domestic copyright</p> + +<p><a name="Page_388" id="Page_388"></a><span class="pagenum">[Pg +388]</span>The Imperial and Canadian copyright laws, apparently a +complexity of complexities, are construed with relation to each other and +thus do not conflict. Each is good <i>pro tanto</i>. The Canadian +copyright law permits any person domiciled in Canada or in any part of the +British possessions, or any citizen of any country which has an +international copyright treaty with the United Kingdom, who is the author +of a literary, scientific or artistic work, to obtain copyright in Canada +for twenty-eight years, with a right of renewal for fourteen years to the +author, if living, or to his widow or children, if he is dead, conditioned +on re-registration within one year <i>after</i> the expiration of the +original term, publication of a renewal notice in the Canadian Gazette and +fulfillment of the obligations of original copyright. The requirements for +obtaining domestic copyright in Canada are that the work shall be printed +and published in Canada, shall be registered and three copies thereof +deposited at the Department of Agriculture (Copyright Branch) before +publication, and that each copy published shall bear the notice as cited +above. In the case of paintings, drawings and sculpture, the original work +may be protected by deposit of a written description instead of +copies.</p> + +<p class="sidenote"><a name="388c"></a>Imperial and local protection</p> + +<p>Under the Imperial copyright act of 1886, providing that a book first +published in any part of the British dominions shall have copyright +throughout those dominions, works are protected in Canada under that act. +Subjects or citizens of a country which has no international copyright +relations with the United Kingdom may obtain copyright in Canada under the +Canadian law by showing that they have British copyright in the work and +complying with the other Canadian requirements. Copyright obtained under +the Canadian copyright law, so far as it relates to books first published +in the British dominions, is in addition to and concurrent though not +co-terminous <a name="Page_389" id="Page_389"></a><span +class="pagenum">[Pg 389]</span>with Imperial copyright. The Copyright +Branch in the Department of Agriculture is in charge of the Registrar of +Copyrights, Trade Marks and Designs, a post filled since 1906 by P. E. +Ritchie, Esq. Canadian copyright may be obtained in a work although the +Imperial copyright may have been lost by reason of first publication +having been made outside of the British dominions or treaty relationship, +the Canadian law providing that literary works may be protected when +printed and published in Canada, whether they are so published for the +first time or contemporaneously with or subsequently to publication +elsewhere.</p> + +<p class="sidenote"><a name="389a"></a>Additional local protection</p> + +<p>Canadian copyright also affords additional protection and relief not +granted by Imperial copyright, by provisions (1) that the importation into +Canada of foreign reprints of Canadian copyright works is prohibited, and +(2) that every person who knowingly prints, publishes, sells, or exposes +for sale any piratical copy of a copyright work shall forfeit every such +copy to the copyright owner and shall pay for every such copy found in his +possession, printed, published or exposed for sale by him not more than +one dollar and not less than ten cents, one half of which shall belong to +the copyright owner.</p> + +<p class="sidenote"><a name="389b"></a>Application for copyright</p> + +<p>An applicant for Canadian copyright, either the proprietor or his +authorized agent, whether domiciled in Canada or other British possessions +or a citizen of a country having an international copyright treaty with +Great Britain, should make application to the Minister of Agriculture +(Copyright Branch), Ottawa, Canada, for which statutory forms are provided +from that office, attested by two witnesses and accompanied by a fee of +one dollar for copyright registration, or fifty cents in case of +<i>interim</i> or temporary copyright, and three copies of the book (full +<a name="Page_390" id="Page_390"></a><span class="pagenum">[Pg +390]</span>bound), map (mounted), etc., as printed and published in +Canada, or written description of a work of art. A book must bear the +statutory copyright notice, but a work of art the signature of the artist +only. An author or his legal representative may obtain <i>interim</i> +copyright pending publication or republication in Canada or temporary +copyright during serial publication, by registering the designation or +title of a work. Thus a citizen of the United States may protect his work +in Canada through international copyright by first publication in the +British dominions and also through Canadian copyright, with additional +protection, by complying with the requirements of the Canadian law, which +are in some respects closely parallel with those of the United States.</p> + +<p class="sidenote"><a name="390"></a>Newfoundland</p> + +<p>In Newfoundland, always a separate colony and now a self-governing +dominion separate from the Dominion of Canada, an act of 1849 for the +protection of British authors was followed by an Order in Council of the +same year extending to that colony the provisions of the Imperial act of +1847. It made provision, following the precedent of Canada, for a customs +duty on foreign reprints of British copyright works, which provision was +re-enacted in the Consolidated Statutes of 1872 as chapter 53 and again in +the Consolidated Statutes of 1892 as chapter 111, the duty being at twenty +per cent. In 1890 a copyright act was passed, which remains the +fundamental copyright act of Newfoundland, as included in the Consolidated +Statutes of 1892 as chapter 110, supplemented by chapter 111, as above +indicated. These two chapters have been amended only by the act of 1898 +placing copyrights, patents and trade marks under the jurisdiction of the +Colonial Secretary, an officer provided for in the act, and the act of +1899 reducing the copyright <a name="Page_391" id="Page_391"></a><span +class="pagenum">[Pg 391]</span>fee of one dollar to twenty-five cents in +the case of photographs. Copyright in Newfoundland is on the same general +lines as in Canada, following in large part the precedent of the United +States, and is for a term of twenty-eight years with renewal for fourteen +years—local protection as distinguished from Imperial protection +being given to works printed and published—or in the case of works +of art, produced—within Newfoundland, on condition of registration +with the Colonial Secretary and deposit with him of two copies of a +printed work, bearing statutory copyright notice, or of the description of +a work of art,—which work must bear the signature of the +artist,—one of the two copies being for the use of the Legislative +Library.</p> + +<p class="sidenote"><a name="391a"></a>British West Indies, etc.</p> + +<p>In the British West Indies, Jamaica has domestic legislation of 1887 +under the Imperial act of 1886, for the British term, requiring the +deposit at an office notified in the Jamaica <i>Gazette</i> of three +copies within one month from publication—one for the British Museum, +one for official use, and one for a designated public library. The +Governor may declare one copy sufficient where deposit of three copies +would inflict injury. Trinidad, under an ordinance of 1888, provides +similarly for the deposit of three copies in the office of a Registrar of +copying rights, with optional but not obligatory registration of +playright. The minor British islands in the West Indies, the Bahamas, +British Guiana and British Honduras, seem not to have provided local +legislation, but remain exclusively under Imperial law.</p> + +<p class="sidenote"><a name="391b"></a>Australian code of 1905</p> + +<p>The copyright act, 1905, of the Commonwealth of Australia, assented to +December 21, 1905, is a comprehensive code superseding previous copyright +legislation by the several states formerly separate colonies, New South +Wales, Victoria, Queensland, South <a name="Page_392" +id="Page_392"></a><span class="pagenum">[Pg 392]</span>Australia, Western +Australia and Tasmania, although it preserves the rights in existing +copyrights taken out under the several state acts. International +copyrights under acts of the Parliament of the United Kingdom and state +copyrights may be registered under this act and then enforced throughout +the Commonwealth. This act covers (Part III) literary, musical and +dramatic copyright and separately (Part IV) artistic copyright. Part I, +preliminary, deals with definitions, and Part II with administration. Part +V deals with infringement, Part VI with international and state copyright, +Part VII with registration and Part VIII with miscellaneous provisions. +"The common law of England" is specifically applied to unpublished +literary compositions. The Australian code is of course concurrent though +not co-terminous with the Imperial law, and must be construed in +consonance with it. It is admitted that artistic works are not protected +in Australia under either Commonwealth or Imperial law unless "made in +Australia," and this serious difficulty the Commonwealth authorities +proposed to remedy by an amendatory act which was presented to the +Commonwealth legislature in 1906 but was not then passed. To prevent +importation of pirated works, written notice of the copyright and its term +should be given to the Minister in Australia unless communicated to him by +the Commissioners of Customs of the United Kingdom, from registry in +London, through the lists periodically distributed.</p> + +<p class="sidenote"><a name="392"></a>General provisions</p> + +<p>Copyright in a book covers the right, directly or by authorization, to +copy, abridge, translate, dramatize or novelize, and in the case of a +musical work "to make any new adaptation, transposition, arrangement, or +setting of it, or of any part of it in any notation." "Copyright shall +subsist in every book" <a name="Page_393" id="Page_393"></a><span +class="pagenum">[Pg 393]</span>(including by definition a dramatic or +musical work, when printed and published), "whether the author is a +British subject or not, which has been printed from type set up in +Australia, or plates made therefrom, or from plates or negatives made in +Australia, in cases where type is not necessarily used, and has ... been +published in Australia before or simultaneously" (defined as within +fourteen days) "with its first publication elsewhere"; and the copyright +term is forty-two years from first publication in Australia or the life of +the author or of the last surviving joint author and seven years +thereafter, whichever the longer. Performing right and lecturing right +subsist separately for a like period from first public performance or +delivery in Australia simultaneously with first public performance or +delivery elsewhere. But lecturing right ceases if a lecture is published +as a book. The author is the first owner of copyright or performing right, +except as employed for valuable consideration, and in the latter case may +reprint an article from a periodical after one year. Copyright subsists in +every artistic work "made in Australia," but the copyright of a portrait +or photograph is with the person ordering it.</p> + +<p class="sidenote"><a name="393a"></a>Dramatic and musical works</p> + +<p>A dramatic work includes a libretto or lyrical work set to music or +otherwise, "or other scenic or dramatic composition"; a musical work is +defined as "any combination of melody and harmony, or either of them, +printed, reduced to writing or otherwise graphically produced or +reproduced"—which seems to omit mechanical reproductions.</p> + +<p class="sidenote"><a name="393b"></a>Performing right</p> + +<p>Copyright is a distinct and separable property from performing right or +the ownership of an artistic work, and either right may be separately +assigned under any conditions or limitations. Where a dramatic or musical +work is published as a book, <a name="Page_394" id="Page_394"></a><span +class="pagenum">[Pg 394]</span>notice of reservation of performing right +must be printed thereon, in default of which the owner of the performing +right cannot obtain damages from an infringer, but may obtain them from +the owner of the copyright who has neglected after notice to print such +reservation. The proprietor, tenant or occupier who permits a place to be +used for an infringing performance shall be deemed an infringer. The owner +of a performing right may himself issue notices in writing forbidding +performance, disregard of which involves a specified fine.</p> + +<p class="sidenote"><a name="394a"></a>Registration and license</p> + +<p>Provision is made for a registrar and deputies, and for a general +Copyright Office where shall be kept separate registers of literary +copyrights, of fine art copyrights and of international and state +copyrights. The owner of any copyright, performing or lecturing right may +obtain registration by the deposit of two copies of the best edition of a +book or one copy of an art work or photograph of it, and no suit can be +maintained prior to such registration. In case, after the death of an +author, the owner of the copyright or performing right withholds the work +from the public, the Governor-General may grant a license for publication +or performance.</p> + +<p class="sidenote"><a name="394b"></a>New Zealand</p> + +<p>New Zealand, now a separate self-governing dominion, provided when a +British colony,—like the Australian colonies before their +consolidation into the self-governing Commonwealth,—by an Ordinance +of 1842 for a copyright term of twenty-eight years or life, whichever the +longer, and has since passed special acts, covering specific classes, 1877 +to 1903, but seemingly no general code. Photographs are protected for five +years from the taking. Telegraph dispatches were protected by the electric +lines act of 1884. Local registration seems to be provided only, and then +optionally, for the protection of plays, for which <a name="Page_395" +id="Page_395"></a><span class="pagenum">[Pg 395]</span>purpose application +with a copy of the play should be made at the Registry of Copyrights, +Wellington, and if the play is printed a copy deposited in the Library of +the General Assembly; and summary jurisdiction, with power of fine and +imprisonment, is then given to the magistrates. To prevent importation, +notice may be filed with the Minister of Customs in New Zealand, or +through the London commissioners, as in the case of Australia.</p> + +<p class="sidenote"><a name="395a"></a>Australasia otherwise</p> + +<p>In the other British islands of Australasia and the Pacific, Imperial +copyright exclusively prevails, as a Fiji Islands' Ordinance of 1903, the +only one passed in any of the smaller islands, was disallowed by the +Crown.</p> + +<p class="sidenote"><a name="395b"></a>British India</p> + +<p>British India provided a general copyright act in 1847, in line with +preceding Imperial legislation, and under the press copyright act of 1867, +somewhat modified the British Imperial law, especially providing for +deposit of three copies in an office to be designated from time to time in +the official gazette, within one month from publication, and the printing +on each copy of the printer's and publisher's names. Quarterly publication +of such titles is provided for as part of the official gazette. The +general term is as in Great Britain, for life and seven years or forty-two +years, whichever is longer, with variations for particular classes of +works. Ceylon, Mauritius and Hong Kong have the like term and also provide +for three deposit copies. In all these cases one copy is retained by the +Secretary of State of the colony, one put at the disposition of the +Governor and Council, and one after registration deposited in a designated +public library. Straits Settlement (Singapore) provides for registration +without deposit, in the office of Colonial Secretary. To prevent +importation into British India, specific notice may be filed directly with +<a name="Page_396" id="Page_396"></a><span class="pagenum">[Pg +396]</span>the Collectors of Customs at Bombay, Madras and Calcutta as +well as through the London customs.</p> + +<p class="sidenote"><a name="396"></a>South Africa</p> + +<p>South Africa, the latest of the British self-governing dominions as +organized in 1910 into a Union, has not yet adopted a general copyright +code, which it may do under the precedent of Australia or after passage of +the new British copyright code, by acceptance of that code or by +independent legislation. Meantime its copyright relations are those of the +former separate colonies, as the Cape Colony, Natal and other English +colonies, following in the main English precedent, and the Transvaal and +other Dutch colonies, following Holland precedent, including a requirement +for printing within the country as a prerequisite for copyright.</p> + +<p class="sidenote">Cape Colony</p> + +<p>The Cape Colony, under acts of 1873, 1880, 1888 and 1895, provided +local copyright for life and five years or thirty years, whichever the +longer, four copies of a book or printed play first published in the +colony to be deposited for registration by the printer within one month +from delivery from the press, for registration with the Registrar of +Deeds, these copies to be transmitted to designated libraries. Telegraph +dispatches in newspapers were protected by the act of 1880, for 120 hours. +Lists of copyrighted works are printed in the government gazette and thus +communicated to the colonial customs authorities.</p> + +<p class="sidenote">Natal</p> + +<p>Natal, under acts of 1895, 1897 and 1898, provided local protection for +the regular British term, two copies to be deposited with the Colonial +Secretary for registration, within three months from publication. Messages +by telegraph, pigeons and other special dispatch were protected by the act +of 1895, for 72 hours. To protect a play, the title, if in manuscript, or +a printed copy, must be registered precedent to local action. Probably +failure to deposit in these colonies <a name="Page_397" +id="Page_397"></a><span class="pagenum">[Pg 397]</span>does not forfeit +copyright, and imperial provisions generally hold good.</p> + +<p class="sidenote">Transvaal</p> + +<p>The Transvaal, under local legislation of 1887, provided protection for +fifty years from registration, receipt or for life, on condition of +printing within the colony, and the deposit of three copies thus printed, +within two months of publication, accompanied by the affidavit of the +printer, without which formalities copyright was forfeited. A resolution +of 1895 authorized waiver of the printing requirement in the case of +countries having reciprocal relations. Reservation by printed notice was +required to protect playright and right of translation; playright in a +printed play was limited to ten years, but for an unpublished play was for +life and thirty years. All these colonies, whether formerly British or +Dutch, are probably now under Imperial copyright law, which would nullify +local provisions incompatible with that law, pending the enactment of a +South African general code.</p> + +<p class="sidenote"><a name="397a"></a>West coast colonies</p> + +<p>Sierra Leone and the neighboring British colonies on the west coast, as +Gambia and the Gold Coast, are under imperial copyright law, and passed +local ordinances under the provisions of the British act of 1886, Sierra +Leone having provided by Ordinance of 1887 for copyright for the usual +British term with deposit of three copies in an office to be designated in +the Sierra Leone Royal <i>Gazette</i>, and the other colonies having +similar provisions.</p> + +<p class="sidenote"><a name="397b"></a>Mediterranean islands</p> + +<p>The Mediterranean islands of Malta and Cyprus, in addition to imperial +copyright, have local ordinances providing respectively for registration +in an office notified in the government gazette, and deposit of three +copies, within one month from publication. Gibraltar seems to be only +under Imperial copyright.</p> + +<p><a name="Page_398" id="Page_398"></a><span class="pagenum">[Pg +398]</span></p> + +<h3 class="p4">XXI</h3> + +<h4>COPYRIGHT IN OTHER COUNTRIES</h4> + +<p class="p2 sidenote"><a name="398"></a>France</p> + +<p>France has always been the most liberal of countries in giving +copyright protection to foreign as well as native authors publishing +within France, and copyright was perpetual up to the abrogation by the +National Assembly in 1789 of all privileges previously granted. Though two +acts regarding dramatic performances (<i>spectacles</i>) were passed in +1791, it was not till 1793 that the National Convention passed a general +copyright act, which still remains the fundamental law of French +copyright. The state still has copyright in perpetuity in works published +by its order or by its agents, but not in private copyrights lapsing to +the state for lack of heirs; copyrights otherwise, by the law of 1866, are +for life and fifty years. Playright is protected without deposit, but the +printer of a book or play is required to deposit two copies on penalty of +fine but not forfeiture of copyright. No formalities are requisite, but to +obtain a right of action, deposit of two copies of a book is required, at +the Ministry of the Interior at Paris or at the Prefecture or town clerk's +office if in the provinces, for which a receipt is given. More than a +score of laws modifying the French copyright system have been passed, the +latest being that of April 9, 1910, providing that transfer of a work of +art does not involve the copyright.</p> + +<p class="sidenote">French foreign relations</p> + +<p>France, which had in general extended the protection of domestic +copyright to works published in France, whatever the nationality of the +author, specifically protected, by the decree of 1852, from <a +name="Page_399" id="Page_399"></a><span class="pagenum">[Pg +399]</span>republication (though not from performance) works published +abroad, without regard to reciprocity, on compliance with the formalities +of deposit previous to a suit for infringement. It early negotiated +treaties with other countries, only those with England (since replaced by +relations through the International Copyright Union) and Spain requiring +deposit in those countries, while four of the countries which required +registration permitted that it should be performed at their legations in +Paris.</p> + +<p>France, as also its protectorate Tunis, became one of the original +signatory powers of the Berne convention of 1886, adopted the Paris acts +of 1896, and after some delay and discussion accepted the revised Berlin +convention under the act of June 28, 1910, ratified by decree of September +2, 1910, with reservation as to works of applied design, as to which it +maintained the stipulations of the previous conventions. It has treaties +with Austria-Hungary (1866-1884), Holland (1855-1884), Montenegro (1902), +Portugal (1866), and Roumania by an arrangement on the "most favored +nation" basis (1907). It has also still existing treaties with Germany +(1907), Italy (1884), and Spain (1880), among the unionist countries, on +the "most favored nation" basis—former treaties with Great Britain +and the Scandinavian countries having been superseded by International +Copyright Union relations. It has been in reciprocal relations with the +United States as a "proclaimed" country since July 1, 1891; and it has +also treaties with the Latin American countries of Argentina (1897), and +Paraguay (1900), both under the Montevideo convention, Bolivia (1887), +Costa Rica (1896), Ecuador on the "most favored nation" basis (1898, +1905), Guatemala (1895), Mexico through a treaty of commerce on the "most +favored nation" basis (1886), <a name="Page_400" id="Page_400"></a><span +class="pagenum">[Pg 400]</span>and Salvador (1880), and one with Japan +(1909) as to rights in China. Algiers and other colonies are under French +law, and French precedent is followed by the protectorate Tunis, though as +a separate power.</p> + +<p class="sidenote"><a name="400a"></a>Belgium</p> + +<p>Belgium, under the law of 1886, grants copyright and playright for life +and fifty years, including translations and photographs, or for corporate +and like works fifty years. No formalities are required except that +corporate and posthumous works must be registered at the Ministry of +Agriculture within six months from publication. Notice is required only to +forbid reproduction of newspaper articles. Belgium is one of the original +parties to the Berne convention, adopted the Paris acts and ratified on +May 23, 1910, the Berlin convention. It has treaties with Austria (1910), +Holland (1858), Portugal (1866), and Roumania (1910), as also with Germany +(1907) and Spain (1880)—all save Austria and Portugal on the "most +favored nation" basis; it has been in reciprocal relations with the United +States as a "proclaimed" country since July 1, 1891, and as to mechanical +music since June 14, 1911, and has also treaties with Mexico on the "most +favored nation" basis (1895), and under the Montevideo convention with +Argentina and Paraguay (1903).</p> + +<p class="sidenote"><a name="400b"></a>Luxemburg</p> + +<p>Luxemburg, under its law of 1898, very nearly a copy of the Belgian +law, grants copyright and playright for life and fifty years. The right to +translate is protected for ten years from the publication of the original +work. Registration is required only for posthumous or official works to be +made at the Office of the Government; and notice is required only to +reserve playright or to forbid reprint of newspaper articles. Protection +is provided against mechanical music reproductions. Luxemburg was an +acceding party to the Berne convention, accepted the Paris acts and <a +name="Page_401" id="Page_401"></a><span class="pagenum">[Pg +401]</span>ratified the Berlin convention July 14, 1910; it has had +reciprocal relations with the United States as a "proclaimed" country +since June 29, 1910, and as to mechanical music since June 14, 1911.</p> + +<p class="sidenote"><a name="401"></a>Holland</p> + +<p>Holland, originally giving copyright in perpetuity under indefinite +conditions, and later applying French law, is now under its law of 1881, +the only country in Europe still requiring, in accordance with its ancient +practice, printing and publication within the country. Two copies, so +printed, must be deposited with the Department of Justice within a month +from publication, and playright must be reserved on a printed work. The +general term is for fifty years from the date of the certificate of +deposit and through the life of the author, if he has not assigned his +work, and for unprinted works, including oral addresses, life and thirty +years. The protection for unprinted works covers playright and the right +to translate, and protects any author domiciled within Holland or the +Dutch Indies. For corporate and like works, the term is fifty years. The +exclusive right to translate, must be reserved on the original work and +exercised within three years; the translation is then protected for five +years, provided it is printed within the country. Playright in a printed +play lasts only ten years from deposit. Holland is not a party to any +general convention, but it has a treaty with Belgium on the "most favored +nation" basis (1858) and arrangements with France (1855-1884); and it has +had reciprocal relations with the United States as a "proclaimed" country +since November 20, 1899. The Dutch colonies, as in the East and West +Indies and elsewhere, are generally included under Dutch law. A new +copyright code presented by the government in 1910, omitting the printing +requirement, has passed the first Chamber, and after it becomes <a +name="Page_402" id="Page_402"></a><span class="pagenum">[Pg 402]</span>law +Holland, under a concurrent vote in 1911, is authorized to accede to the +Berlin convention.</p> + +<p class="sidenote"><a name="402"></a>Germany</p> + +<p>Copyright throughout the German Empire is now regulated for literary +(impliedly including dramatic) and musical works and certain +illustrations, by the act of 1901,—in which year there was also +adopted an act regulating publishers' rights and contracts; and for works +of figurative art and photographs by an act of 1907. An act of 1910 amends +these in some particulars.</p> + +<p class="sidenote">History</p> + +<p>These laws superseded entirely the previous acts, dating back to 1870, +when the first imperial copyright act was passed after the realization of +German unity under Emperor William I. The original act forming the +Germanic confederation in 1815, had authorized the German Diet to protect +authors' rights, and after futile decrees in 1832 and 1835, resolutions +were passed in 1837 making protection effective for a minimum period of +ten years throughout all the states which granted protection to authors. +Prussia had meanwhile, under the King's Order in Council of 1827, arranged +in 1827-29, reciprocal relations with thirty-three out of the thirty-eight +states and free cities in the German confederation, and with Denmark for +its German provinces, through which the citizens of other states enjoyed +the same privileges as natives; and in 1833 the same reciprocal provisions +were extended to cover Prussian provinces outside the federation. Many of +the early copyright systems had not extended protection to an author's +heirs, but in 1837 Prussia passed an improved law making the term life and +thirty years and granting protection to citizens of foreign countries in +the same proportion that works published in Prussia were therein +protected. Thus, up to the time of the Empire, copyright was protected as +a matter partly of federal and partly of state legislation. </p> + +<p class="sidenote"> Laws of 1901-07</p> + +<p><a name="Page_403" id="Page_403"></a><span class="pagenum">[Pg +403]</span>Copyright under the imperial legislation of 1901-07 was granted +for life and thirty years, and furthermore for posthumous works at least +ten years from publication; and for anonymous, pseudonymous and corporate +works, thirty years. Copyright in photographs is for ten years only, and +in any event ceases ten years after the author's death. The copyright term +is reckoned from the end of the calendar year of an author's death or of +publication. In joint authorship, the term is from the death of the last +surviving author. Playright is, inferentially, under like terms and +conditions. The author of anonymous or pseudonymous works, on registering +his name, may obtain protection for the full term. In works published in +parts, the publication of the last part determines the copyright term. +Corporate bodies (juridical persons) are recognized as authors; in +composite works the originator of the work as a whole, or if no such +editor is mentioned, then the publisher, is regarded as author; if a +literary work is accompanied by music or by illustrations, the author of +each part is regarded as originator of his separate work; in inseparable +composite works, a partnership arrangement is recognized by the law. No +formalities are required, but registration of the author's name on its +disclosure in the case of an anonymous or pseudonymous book, may be made +in the register to be kept by the Municipal Council of Leipzig for a fee +of a mark and a half (36 cents) and expense of official publication +originally in the <i>Börsenblatt</i>, but since a law of 1903 in the +<i>Reichsanzeiger</i>. Translations, adaptations, etc., are protected as +original works. Official documents, public speeches, etc., are not +protected, and reproduction of newspaper articles, except those of a +scientific, technical or recreative character, is permitted, unless +reservation is made, on condition of <a name="Page_404" +id="Page_404"></a><span class="pagenum">[Pg 404]</span>acknowledgment and +that the meaning shall not be distorted. Extracts are permitted under +specified limitations. Poems may be used as set to music unless +distinctively intended for that purpose; and musical compositions, except +operas and the like, may be played for charity purposes or by musical +societies for members and their families.</p> + +<p class="sidenote">Art provisions</p> + +<p>In the case of a work of art, reproduction for personal use and +gratuitously is permitted, but during an author's life only by +photographic means; this permission authorizes only, as to a work of +architecture, reproduction of exterior aspect and not of the work upon the +ground. The person ordering a portrait is entitled to reproduce it, except +on agreement to the contrary. Reproduction and exhibition are permitted of +portraits in contemporary history or when accessories, as in a landscape +or part of a procession or assemblage, or in the interest of art if not +made to order,—provided this is not to the injury of the reputation +of the original; or in the interest of justice or public safety. +Reproductions of works standing permanently in public places are +permitted, but these may not be affixed to a work of architecture.</p> + +<p class="sidenote">Piracy</p> + +<p>Piracy is punished by damages and a statutory fine, or imprisonment in +case of intentional infringement, but proceedings must be commenced within +three years. The law provides for committees of experts in the several +states under regulations of the imperial government to act as arbiters or +to advise the justices; and there is final appeal to the Supreme Court of +the Empire.</p> + +<p class="sidenote">Foreign citizens</p> + +<p>The law protects all works of a subject of the German Empire and works +of aliens, if published within the Empire before previous publication +elsewhere, the latter clause a change from the former practice of +protecting works by a foreigner if published by a <a name="Page_405" +id="Page_405"></a><span class="pagenum">[Pg 405]</span>firm having a place +of business or a branch within the Empire.</p> + +<p class="sidenote">German foreign relations</p> + +<p>Germany was a party to the Berne convention and to the Paris acts, and +ratified July 12, 1910, the Berlin convention. This ratification was made +possible by an act of May 22, 1910, modifying domestic copyright to +conform with the provisions of the Berlin convention, and incidentally +repealing and replacing sec. 22 of the law of 1901, regarding mechanical +music reproduction, as fully stated in the chapter on that subject. On +July 12, 1910, the Emperor promulgated an ordinance providing for the +application of the law, and both the Berlin convention and this new law +became effective September 9, 1910.</p> + +<p>Germany has treaties outside the Union with Austria-Hungary (1899), has +special treaties beyond the provisions of the Union on the "most favored +nation" basis, made in 1907 with Belgium, France, and Italy, and has been +a "proclaimed" country in reciprocal relations with the United States +since January 15, 1892. By proclamation of December 8, 1910, reciprocal +relations as to mechanical music reproductions were also proclaimed +between Germany and the United States.</p> + +<p class="sidenote"><a name="405"></a>Austria-Hungary</p> + +<p>In Austria-Hungary, the dual states of that empire have separate +copyright as well as other legislative relations. Austrian domestic +copyright is based on the law of 1895, as amended by that of 1907, and +Hungarian on the law of 1884. Copyright in Austria is dependent on +publication within the country and citizenship or reciprocal relations; in +Hungary on publication by a Hungarian publisher and two years' residence +in the case of foreign authors whose country is not in reciprocal +relations. In Austria the general term is for life and thirty years, in +Hungary life and fifty years, or for corporate, anonymous and like <a +name="Page_406" id="Page_406"></a><span class="pagenum">[Pg +406]</span>works, thirty or fifty years respectively, unless the anonymous +author discloses his identity. Registration, in Austria at the Ministry of +Commerce, and in Hungary at the Ministry of Agriculture, is required only +for anonymous and pseudonymous works, and in Hungary in other special +cases, as plays. The right of translation must be reserved on the work, +for specified languages or in general, and must be exercised within stated +periods; notice is also required on photographs, and in Austria on musical +works to protect performing right. Posthumous works, if published in the +last five years of the thirty or fifty year term, are protected for five +years from publication. Photographs are protected only for ten years in +Austria and five years in Hungary. Collections of telegraph news, as +printed in a newspaper, are protected in Hungary. Austria and Hungary have +a treaty with each other (1907), and jointly with Great Britain (1893), +Germany (1899), France (1866-1884) and Italy (1890), involving in the case +of Hungary registration in Hungary as well as in the country of origin. +Austria has also treaties with Belgium (1910), Denmark (1907), Roumania +(1908), and Sweden (1908), and has been in reciprocal relations with the +United States as a "proclaimed" country since December 9, 1907; Hungary is +negotiating reciprocal relations with the United States, but has otherwise +no separate treaties. Neither Austria nor Hungary is a unionist +country.</p> + +<p class="sidenote"><a name="406"></a>Switzerland</p> + +<p>Switzerland, under its federal constitution of 1874 and the law of +1883, provided copyright for life and thirty years or for corporate and +like works thirty years, giving protection for the full term to +translations if the right to translate is exercised within five years from +publication. Photographs were protected for five years only. No +formalities are required, though an author has the option of registering +his <a name="Page_407" id="Page_407"></a><span class="pagenum">[Pg +407]</span>work, with the exception that registration in the Office of +Intellectual Property is required within three months from publication for +the protection of posthumous and official publications and photographs. +Notice of reservation of playright is required on printed copies. +Switzerland was an original party to the Berne convention, accepted the +Paris acts and ratified the Berlin convention without reservation in 1910. +It has had reciprocal relations with the United States as a "proclaimed" +country since July 1, 1891, and included copyright in a treaty with +Colombia (1908).</p> + +<p class="sidenote"><a name="407"></a>Scandinavian countries</p> + +<p>The Scandinavian countries, Denmark, Norway and Sweden, in which last +copyright was formerly perpetual, now grant protection for life and fifty +years as the general term, or fifty years for corporate and like works, an +anonymous author having the right to the full term on printing his name in +a new edition or declaring it by registration. Photographs are protected +for five years—in Norway for fifteen years. The right to translate +into a Scandinavian language is protected for the full term; into other +languages for the full term in Norway, but in Denmark and Sweden only for +ten years from the end of the year of publication of the original work, +with an addition in Denmark that a translation published within these ten +years protects the author for the full term against unauthorized +translation into that language. No formalities are requisite, but in +Norway the printer is required, though default does not affect copyright, +to deposit a copy with the university library in Christiania within a year +of publication. Notice is required, however, on photographs, and except in +Sweden, to reserve right of musical performance. Denmark, by two laws of +1911, requires deposit and registration of photographs. Sweden makes the +exceptions that works of art are protected for life <a name="Page_408" +id="Page_408"></a><span class="pagenum">[Pg 408]</span>and ten years and +that playright is for life and thirty years, or for anonymous plays, only +for five years, unless the author meantime discloses his identity. In +Denmark and Norway right of recitation and in Sweden playright must be +specifically reserved.</p> + +<p class="sidenote">Scandinavian foreign relations</p> + +<p>Denmark's domestic copyright is covered by laws of 1865, 1902, 1904, +1908 and 1911, Norway's by those of 1877, 1882, 1893, 1909 and 1910, +Sweden's by the general laws of 1897, codifying those of 1877, etc., +respectively for literary, art and photographic works, and amendatory acts +of 1904 and 1908. All three are unionist countries. Denmark remains under +the Berne-Paris agreement, not having accepted the Berlin convention. +Norway became party to the Berlin convention by ratification September 4, +1910, with reservations as to architectural works, in which it adheres to +article IV of the Berne convention; as to newspaper and review articles, +in which it adheres to article VII of the Berne convention; and as to the +retroactive provision, in which it adheres to article XIV of the Berne +convention. Sweden remains under the Berne convention and the +interpretative declaration of Paris, not having accepted either the Paris +additional act or the Berlin convention. Each Scandinavian country has a +special copyright treaty with the other two (1877, 1879, 1881). Denmark +has also a treaty with Austria (1907) and Sweden with Austria (1908). +Denmark has had reciprocal relations with the United States as a +"proclaimed" country since May 8, 1893, Norway since May 25, 1905, and as +to mechanical music since June 14, 1911, and Sweden since June 1, 1911. A +special law for Iceland, embodying in general the Danish provisions, was +passed in 1905, and the Danish law may be taken as covering the other +Danish colonies, as the Danish West Indies, in lack of special +legislation. </p> + +<p class="sidenote"> <a name="409a"></a>Russia</p> + +<p><a name="Page_409" id="Page_409"></a><span class="pagenum">[Pg +409]</span>Russia early gave, in 1828-30, enlightened protection to +authors, providing for a term of life and twenty-five years, with an added +ten years under specified circumstances, and protecting an author's +copyright from seizure by his creditors and from passing from a bankrupt +publisher except on fulfillment of the author's contract. Under the civil +code of 1887, copyright was extended to life and fifty years, but +playright was only nominally protected and the protection of translations +was negatived by a decision that translations must be word for word. The +new law sanctioned March 20, 1911, is a comprehensive and detailed code +providing copyright for life and fifty years, except that certain +collections are only protected for life and twenty-five years and +periodicals for twenty-five years, photographs for ten years and +translations on notice of reservation for ten years, the right to +translate being exercised within five years from publication. Playright is +protected, but on a musical work notice of protection must be printed. A +photograph must bear notice of its purpose, date and author's name and +domicile. Protection is accorded to all works published in Russia and +works published by Russian subjects domiciled elsewhere; and provision is +made for treaties on reciprocal conditions. The law treats also of +relations between authors and publishers. Russia, though represented at +Berlin, has as yet no international relations.</p> + +<p class="sidenote"><a name="409b"></a>Finland</p> + +<p>Finland, formerly an independent grand duchy, protects copyright under +its law of 1880 for a general term of life and fifty years, with +exceptions as to photographs, etc., and with provisions as to translation +into the Finnish and Scandinavian languages similar to those of +Scandinavian countries. Other provisions are similar to those of Russia. +It has no exterior copyright relations. </p> + +<p class="sidenote"> <a name="410"></a>Spain</p> + +<p><a name="Page_410" id="Page_410"></a><span class="pagenum">[Pg +410]</span>Spain passed a general copyright code in 1879, which applied +not only to the Peninsula, but <i>ultramar</i> to Cuba and the other +colonies, and became a model for later legislation in several +Spanish-American countries, under which code detailed regulations were +promulgated in 1880. This code is enforced through the penal code of 1870 +and the civil code of 1889. Ordinances from 1893 to 1910 deal with the +regulations as to details. Spain grants copyright for life and eighty +years on condition of registration by deposit of three signed copies with +the Register of Intellectual Property in the Ministry of Agriculture, or +in the provincial centres for registration, within one year from +publication. In default of registry within the year, any one may publish +the work for ten years; and if after the ten years the author fails to +register within the ensuing (twelfth) year, the work falls into the public +domain. Protection is given for an indefinite term to works issued by the +state and, to the extent of their legal existence, those from corporate +bodies. A work assigned within the life of the author, remains in the +possession of the assignee during the full term unless there are natural +heirs (<i>herederos forzosos</i>—"forced" or inalienable heirs), in +which case the right reverts to such heirs twenty-five years after the +death of the author, on registry of such right and proof of succession +under the regulations accompanying the act. This, according to the +official Spanish print, is for the remaining fifty-five years—not, +as in a French version, for twenty-five years only. A musical work is +protected with reference to other instruments and to other forms in a +provision so broad that it is possibly applicable to mechanical music +reproductions. Writings and telegrams inserted in periodicals may be +reproduced unless this is expressly forbidden by notice at the title or at +the end of the <a name="Page_411" id="Page_411"></a><span +class="pagenum">[Pg 411]</span>article—a provision which implies the +protection of articles and telegrams in case of such notice of +reservation. Works not republished for twenty years fall into the public +domain, except in the case of unprinted dramatic or musical +works,—unless the proprietor shows that during such period he has +kept copies on sale. The protection of domestic law is extended by the +terms of the law to citizens of countries having reciprocal relations, +without additional formalities.</p> + +<p class="sidenote">Spanish foreign relations</p> + +<p>Spain was one of the original parties to the Berne convention, accepted +the Paris acts and adopted the Berlin convention without reservation, +through ratification by the King September 5, 1910. Spain has treaties +with Portugal as well as with Belgium, France and Italy, all four made in +1880 on the "most favored nation" basis; it has relations with the United +States under treaties of 1895, 1898 (the peace treaty), and 1902, and as a +"proclaimed" country since July 10, 1895; and has treaties also with +Colombia (1885), Costa Rica (1893), Ecuador (1900), Guatemala (1893), +Mexico (1903) and Salvador (1884), mostly on the "most favored nation" +basis, and relations under the Montevideo convention with Argentina and +Paraguay (1900).</p> + +<p class="sidenote"><a name="411"></a>Portugal</p> + +<p>Portugal, under its civil code of 1867 and penal code of 1886, grants +copyright for life and fifty years to its citizens and to foreigners whose +countries grant reciprocal relations. The foreign author, to protect a +translation of his work, which protection is for ten years only, must +provide such translation within three years. Translations of non-copyright +works by a native translator are protected for thirty years. Two copies +must be deposited before publication at the Public Library, or in the case +of dramatic and musical publication in the Royal Conservatory in Lisbon. +Portugal as a republic acceded to the Berlin convention <a name="Page_412" +id="Page_412"></a><span class="pagenum">[Pg 412]</span>from March 29, +1911. It has additional relations with Italy (1906) and Spain on the "most +favored nation" basis (1880); and reciprocal relations with the United +States as a "proclaimed" country since July 20, 1893, and with Brazil +(1889).</p> + +<p class="sidenote"><a name="412"></a>Italy</p> + +<p>Italy grants copyright under its law of 1882,—codifying its +original law of 1865 and the dramatic law of 1875,—as promulgated by +royal decree September 19, 1882, to become effective in 1885, and its +civil code of 1889. It assures full copyright for life or forty years, +whichever the longer. After forty years from first publication or, if the +author live beyond that date, after his death, a second term of forty +years begins, in which any person, on duly declaring his intention, may +republish a work, on condition of paying five per cent royalty to the +copyright proprietor. The state may expropriate any work after the death +of an author on paying to the proprietor a compensation named by three +experts. Government and society publications are copyright only for twenty +years. An author may reserve rights of translation for ten years. +Playright is for eighty years. Three copies of the printed work should be +deposited at the prefecture of the province within three months, in +default of which, infringement previous to deposit cannot be punished; and +if deposit is not made within ten years, the author is understood to waive +his rights. With the deposit copy a declaration of reservation of rights +should be filed, for publication in a semi-annual list in the official +gazette. Notice is required to reserve rights in periodical +contributions. A manuscript copy of an unpublished play should be +submitted within three months from first performance for <i>visé</i>, +which manuscript is then returned. By the law of 1910, as to legal +deposit, three copies must be delivered to the <i>Procureur du Roi</i> in +the district <a name="Page_413" id="Page_413"></a><span +class="pagenum">[Pg 413]</span>of the printing establishment for +transmission to the official libraries in Florence, Rome and the +respective province; failure to make such deposit does not affect the +copyright, but involves a fine. The laws, both of 1865 and 1882, extended +copyright to foreign works, on relations of reciprocity, without treaty +arrangements and without additional formalities.</p> + +<p class="sidenote">Italian foreign relations</p> + +<p>Italy was an original party to the Berne convention and accepted the +Paris acts, but has yet to ratify the Berlin convention. It has treaties +with Austria-Hungary (1890), Montenegro (1900), Portugal (1906), Roumania +(1906), San Marino (1897); also special treaties with Spain (1880), France +(1884), and Germany (1907), all on the "most favored nation" basis. It has +had reciprocal relations with the United States as a "proclaimed" country +since October 28, 1892, and has also treaties with Colombia (1892), with +Cuba (1903) and Mexico (1890) on the "most favored nation" basis, and with +Nicaragua (1906); and also under the Montevideo convention, relations with +Argentina and Paraguay (1900).</p> + +<p class="sidenote"><a name="413a"></a>San Marino</p> + +<p>San Marino, the tiny state enclosed within Italy, has pledged itself by +the copyright provisions in its treaty with Italy (1897) to protect all +works protected in Italy, by application of the Italian law.</p> + +<p class="sidenote"><a name="413b"></a>Monaco</p> + +<p>Monaco, under laws of 1889 and 1896, provides copyright for life and +fifty years with the peculiar provision that copyright on anonymous and +pseudonymous works extends fifty years beyond the death of the publisher, +who is reputed author. No formalities are required except notice of +reservation in respect to articles in periodicals. Monaco acceded to the +Berne convention, in 1889, accepted the Paris acts and ratified the Berlin +convention without reservation, December 19, 1910. </p> + +<p class="sidenote"> <a name="414a"></a>Greece</p> + +<p><a name="Page_414" id="Page_414"></a><span class="pagenum">[Pg +414]</span>Greece originally provided for copyright protection under its +penal code of 1833, with a term of fifteen years subject to royal +extension. By the law of 1867 the printer of a work was required to +deposit with the National Library two copies within ten days of +publication, failure involving a fine of at least ten drachmas, but not +forfeiture of copyright; and to this requirement was added by the law of +1910 a third copy for the Library of Parliament and a fourth for the local +public library, with authority to transmit through the post. A dramatic +copyright law of 1909 specifically covers playright, making the term life +and forty years and preventing modification of a play by an assignee. +Greece has no international relations.</p> + +<p class="sidenote"><a name="414b"></a>Montenegro</p> + +<p>Montenegro, though it has no specific domestic copyright law, and only +gives uncertain protection under its customary law and civil code of 1888, +has treaties with France (1902) and Italy (1900). It had acceded to the +Berne convention July 1, 1893, and accepted the Paris acts, but withdrew +from the International Copyright Union April 1, 1900, "from motives of +economy."</p> + +<p class="sidenote"><a name="414c"></a>Roumania and other Balkan +states</p> + +<p>The Balkan states are led in copyright protection by Roumania, possibly +owing to the influence of the literary queen "Carmen Sylva," which +country, under the press law of 1862 and penal code of 1864, has protected +copyright and playright, including probably translation, for life and ten +years. Written registration is required at the Ministry of Instruction, +and deposit of four copies was also required, though not on penalty of +forfeiture of copyright. A later law, of 1904, repeals the deposit +requirement. Roumania has copyright treaties with Belgium (1910), France +(1907), these on the "most favored nation" basis, Austria (1908) and Italy +(1906). Bulgaria and Servia seem to give no protection, except that +accorded in Bulgaria <a name="Page_415" id="Page_415"></a><span +class="pagenum">[Pg 415]</span>by its penal code of 1896, and have no +international relations.</p> + +<p class="sidenote"><a name="415a"></a>Turkey</p> + +<p>Turkey, which gave some protection to authors so far back as its penal +code of 1857, passed in 1910 a new copyright code providing for books, +drama and music a term of life and thirty years, in which last the +children, widow or widower, the parents and the grandchildren or their +descendants should benefit in equal shares; and for works of art, +including architecture, a term of life and eighteen years. Posthumous +works are protected from publication for the years above stated. Copyright +includes right of translation, representation and adaptation; translations +are protected, but the term extends only fifteen years after the death of +the translator. The assignment of publishing right does not include +playright unless specifically stated. Reprint of periodical articles, +unless forbidden, and extracts from books "in case of urgency or to the +end of public utility," may be made on acknowledgment of the source. +Reprint of works out of print may be licensed by the Ministry of Public +Instruction. Registration is requisite with deposit of three copies, in +the case of reproduced works, with the Ministry of Public Instruction, at +Constantinople, or in its provincial offices on written application and a +fee of a quarter of a Turkish pound, for which a certificate is issued. An +annual publication of the copyright entries is provided for. The law is +not in terms confined to Turkish subjects, but it may by the nature of +Turkish legislation apply only within the Turkish Empire, though there +seems to be hope that Turkey may adhere to the Berlin convention. Turkey +is otherwise without international relations.</p> + +<p class="sidenote"><a name="415b"></a>Japan</p> + +<p>Japan, the only oriental power which is a unionist country, adopted a +general copyright code in 1899 (March 3, as applied by ordinances of June +27 and <a name="Page_416" id="Page_416"></a><span class="pagenum">[Pg +416]</span>28), modifying a law of 1877, and in the same year (July 15) +ratified the Berne-Paris agreements and became a member of the +International Copyright Union. Amendatory acts were adopted in 1910, on +June 14-15, broadening the scope to include architecture and providing as +to details of registration. Under domestic legislation first publication +in Japan is the only requisite for copyright, but registration must be +made in the Ministry of the Interior before action for infringement can be +brought, and by disclosure of name to obtain the full term for anonymous +and pseudonymous works. Registrations are printed in the official gazette. +Protection is for life and thirty years, or thirty years for anonymous, +posthumous and corporate works. The right of translation is protected for +ten years, and translations are protected for the full term; photographs +for ten years only. Titles are protected in copyrighted works, but not +general titles. Periodical contributions must be protected by notice. +Japan accepted the convention of Berlin with reservations as to the +exclusive right of translation, in which it adheres to Article V of the +Berne convention as revised at Paris, and as to the public performance of +musical works, in which it adheres to Article IX of the Berne convention. +Japan has treaties with China (1903) and with the United States (November +10, 1905, "proclaimed" May 17, 1906), which, however, excepts +translations, and also special treaties of August 11, 1908, covering +Japanese protectorates in Korea and China.</p> + +<p class="sidenote"><a name="416"></a>Korea</p> + +<p>Korea was formerly without copyright provisions, except as given by the +above-named treaty and similar British provisions as to the consular court +at Seoul, but since it has become practically a Japanese possession, it +has been included by Japanese ordinance of 1908 under Japanese copyright +law. </p> + +<p class="sidenote"> <a name="417a"></a>China</p> + +<p><a name="Page_417" id="Page_417"></a><span class="pagenum">[Pg +417]</span>China promulgated, December 18, 1910, its first domestic +copyright provisions, establishing a term of life and thirty years, on +condition of registration by deposit of two copies at the Ministry of the +Interior or corresponding provincial office, with a fee of five dollars. +The protection does not include the exclusive right to translate foreign +works into the Chinese language, although individual translations may be +protected. Photographs, unless included in writings, are protected only +for ten years from date of registration. These provisions require approval +to be made effective. China has a treaty with Japan (1903) and one of like +date (October 8, 1903) with the United States, effective from January 13, +1904, protecting for ten years books, maps, prints, or engravings, +"especially prepared for the use and education of the Chinese people" or +"translation into Chinese of any book," but Chinese subjects are to have +liberty to make "original translations into Chinese," so that the treaty +affords little protection. By treaty with Japan (August 11, 1908) Japan's +copyright protection is extended where it has extraterritorial +jurisdiction, as in Canton and other places in China. By British Orders in +Council of 1899, 1907, copyright protection against infringement by a +British subject may be afforded by the consular court at Shanghai to +foreign as well as British suitors under specified conditions.</p> + +<p class="sidenote"><a name="417b"></a>Siam</p> + +<p>Siam passed a literary copyright law in 1901, giving identical rights +with those in any other property for life and seven years, or for +forty-two years, whichever the longer, on the conditions of printing and +publication within the country, registration within a year and deposit of +four copies. Siam has no treaty relations, but works printed and first +published there possibly would have the benefit of the law. British +copyright protection is also extended through British consulates. </p> + +<p class="sidenote"> <a name="418a"></a>Asia otherwise</p> + +<p><a name="Page_418" id="Page_418"></a><span class="pagenum">[Pg +418]</span>Persia and other native-governed countries seem to have no +copyright protection, although Persia was represented at the Berlin +conference. Copyright provisions in British India, Ceylon and the other +Asian colonies is covered in the preceding chapter on the British +dominions. The Dutch East Indies have copyright protection under Dutch +law, and Indo-China under French law. The Philippine Islands, like the +Sandwich Islands (Hawaii), have copyright protection under United States +law.</p> + +<p class="sidenote"><a name="418b"></a>Tunis, etc.</p> + +<p>Tunis, a protectorate of France but not a French colony, long the only +unionist country in Africa, has domestic protection under its law of 1889, +following in general that of France, with a term of life and fifty years. +It was one of the original parties, as a separate power, to the treaty of +Berne, accepted the Paris acts and ratified the Berlin convention with +reservation, September 30, 1910, like France, as to works of applied +design, in which it adheres to the stipulations of the previous +convention; it has no other foreign relations. Algiers, a French colony, +is under French law and international relations. Morocco and other native +states seem to be without copyright protection.</p> + +<p class="sidenote"><a name="418c"></a>Egypt</p> + +<p>Egypt, under the protectorate of Great Britain but not a British +possession technically, is without domestic legislation, except that its +penal code of 1884-89 forbids piracy, and it is not included under British +relations. But under a crude sort of customary law and this penal code, +the courts enforce rights of foreigners as well as of natives by the +protection of their works for an indefinite term. The rights of French +citizens in plays and music have been enforced through the French consular +court, and in recent years the mixed courts at Cairo and the Court of +Appeal have exercised copyright jurisdiction, "under the principles of +natural justice and the laws of <a name="Page_419" id="Page_419"></a><span +class="pagenum">[Pg 419]</span>equity." In the leading case of the Société +des gens de lettres <i>v.</i> Egyptian Gazette, in 1889, the Court of +Appeal laid down the principle that "copyright is a veritable right of +property founded on labor," and on this ground has upheld the right of +literary, dramatic and musical authors and of artists to prevent +reproduction.</p> + +<p class="sidenote"><a name="419a"></a>Liberia</p> + +<p>Liberia seems to have no domestic copyright law recorded, and probably +protection, national and international, is under customary law without +formalities. It was represented as an independent power at the Berne +convention and signed the original convention, but never became a party to +it by ratification; it, however, adopted the Berlin convention by +ratification and is now a member of the International Copyright Union.</p> + +<p class="sidenote"><a name="419b"></a>Africa otherwise</p> + +<p>The Congo Free State seems to cover copyright offenses by its +extradition treaties with Belgium (1898) and France (1899) to the extent +of including in the list of offenses fraudulent application to any art +object or work of literature or music, of the name of an author, or any +distinctive sign adopted by him.</p> + +<p>Copyright provision in South Africa, Sierra Leone and other British +colonies is covered in the preceding chapter on the British dominions.</p> + +<p class="sidenote"><a name="419c"></a>Latin America</p> + +<p>In Latin America provision for copyright protection had generally been +made by the several states, for various terms, in some cases in +perpetuity, previous to a movement for international relationship which +began with the Montevideo convention of 1889, for South American states +only, reached a further step in the convention of Mexico City, 1902, was +not substantially advanced by the amendatory treaty proposed at Rio de +Janeiro, 1906, which never became practically operative anywhere, and +culminated in the Buenos Aires convention of 1910, which <a +name="Page_420" id="Page_420"></a><span class="pagenum">[Pg 420]</span>was +ratified by the United States Senate February 16, 1911, but has yet to be +ratified by the Latin countries. Five South American states are bound +together under the Montevideo convention as ratified by Argentina (1894), +Bolivia (1903), Paraguay (1889), Peru (1889), and Uruguay (1892).</p> + +<p>The United States has relations with Mexico (1896), Costa Rica (1899), +Cuba (1903), Chile (1896), and by ratification in 1908 of the Mexico +convention of 1902, with Costa Rica, Guatemala, Honduras, Nicaragua, +Salvador and possibly Dominican Republic, and will come into relations +under the Buenos Aires convention of 1910, with any power ratifying that +convention.</p> + +<p class="sidenote"><a name="420"></a>Mexico</p> + +<p>Mexico, under the guarantees of property in its constitution of 1857, +and the specific and elaborate copyright provisions of its civil code of +1871, as modified by that of 1884, grants copyright in perpetuity and +playright for life and thirty years as the general term, with complicated +modifications and exceptions. In the case of anonymous and pseudonymous +works, rights in perpetuity are to the publisher and his successors, +pending disclosure of the author, who must record his name in a sealed +envelope. The right of translation is protected in perpetuity except for +works of non-residents published abroad, then limited to ten years. +Corporate works are protected for twenty-five and official publications +for ten years only. Registration is required through application to the +Minister of Public Education and deposit of two copies is obligatory, one +in the National Library and one in the Public Archives. A third copy is +usually expected for the Library of the Ministry. The right to copyright +holds for ten years from publication. Reservation is required of right of +translation and of other specified rights, by notice on the printed work. +Protection is conditioned on residence, reciprocity or first publication +<a name="Page_421" id="Page_421"></a><span class="pagenum">[Pg +421]</span>within Mexico. Private letters may not be published without +consent of both correspondents or their heirs, except for proof of right +or in the public interest, or for the progress of science. Mexico does not +seem to be a party to any convention, not even that of Mexico City, but +has had reciprocal relations with the United States as a "proclaimed" +country since February 27, 1896, and has treaties with the Dominican +Republic (1890) and Ecuador (1888), and with Belgium (1895), France +(1886), Italy (1890), and Spain (1903), all on the "most favored nation" +basis. To obtain Mexican copyright, it seems necessary to execute a power +of attorney, validated by a Mexican consul, to a representative in Mexico +City for the registration and deposit at the Ministry.</p> + +<p class="sidenote"><a name="421"></a>Central American states: Costa +Rica<br /> + +Guatemala<br /> + +Honduras<br /> + +Nicaragua<br /> + +Salvador</p> + +<p>Of the five nations of Central America, Costa Rica, under penal and +civil codes of 1880 and 1888 and a copyright law of 1896, grants +copyright, including playright, for life and fifty years, with provisions +for return to heirs after twenty years and other variations after the +Spanish model, on registration and deposit within a year of three copies +of a printed work at the office of Public Libraries, on condition of +residence or reciprocity. Guatemala, under a decree of 1879, grants +copyright for literary works in perpetuity on registration and deposit of +four copies at the Ministry of Public Education to "inhabitants of the +Republic,"—with the curious provision that an assignee cannot +prevent republication with "essential modifications" by the author. Right +of translation must be reserved by notice. A sealed envelope with name of +author must accompany an anonymous book. Honduras, under its constitution +of 1894, has provisions in its civil and penal codes of 1898 guaranteeing +to an author of a literary, scientific or artistic work the general +property rights, pending passage of a copyright <a name="Page_422" +id="Page_422"></a><span class="pagenum">[Pg 422]</span>law and punishing +fraud by "minor banishment." Nicaragua, under its civil code of 1904, +grants copyright in perpetuity on registration and deposit of six copies +with the Ministry of Agriculture. Right of translation must be reserved by +notice. Salvador, under its constitution of 1886 and law of 1900, grants +copyright on works published in Salvador for life and twenty-five years, +or for corporate works fifty years from publication on deposit of one copy +with the Minister of Agriculture before publication, with the exceptional +provision that if the heirs renounce their rights or fail to make use of +them within a year from the author's death, the work falls into the public +domain; the translator of a Latin or Greek work is protected as an author, +and the government may grant five-year licenses for the reprint with +author's permission of "interesting works," presumably those published +elsewhere.</p> + +<p class="sidenote"><a name="422"></a>Interstate and international +relations</p> + +<p>In 1894-95, and again in 1897-1901, interstate treaties, incidentally +covering copyright, were negotiated; but interstate and international +relations are now covered by the participation of the five nations, as +well as the United States and the Dominican Republic, in the Mexico +convention of 1902 and by the treaty of peace made by these five Central +American states at Washington, December 20, 1907. There is some question +under the treaty of 1907 whether protection is assured in each state to +others than residents, but probably all citizens of the five states are +protected throughout all. To secure protection under the convention of +1902, an American citizen should apply for an additional certificate from +the U. S. Copyright Office for each country, which after validation +by the State Department is sent with one deposit copy for each country to +the respective American legations, through which official acknowledgment +will be returned. <a name="Page_423" id="Page_423"></a><span +class="pagenum">[Pg 423]</span>Costa Rica has had reciprocal relations +with the United States as a "proclaimed" country since October 19, 1899, +and has treaties with France (1896) and Spain (1893); Guatemala with +France (1895) and Spain (1893), the latter on the "most favored nation" +basis; Nicaragua with Italy (1906); and Salvador with France (1880) and +Spain (1884).</p> + +<p class="sidenote"><a name="423a"></a>Panama</p> + +<p>Panama grants copyright under the constitution of 1904, which adopted +and made part of Panamanian law the Colombian copyright law of 1886, which +is summarized in the paragraph on Colombia. The Canal Zone is under United +States law through a War Department order of 1907.</p> + +<p class="sidenote"><a name="423b"></a>Cuba</p> + +<p>Cuba, which as a Spanish colony came under the Spanish act of 1879, has +domestic protection under this act as applied by four military ordinances, +1900-1902, during the United States protectorate, and continued under its +insular government. In the third ordinance, of June 13, 1901, it was +provided that existing copyrights under the Spanish law of 1879 should be +valid during their term, and also that copyright as well as patents +granted by the United States shall have insular protection on deposit of a +copy of the certificate. Registration is made at the Registry in the +Department of State within one year of publication, accompanied, if a +foreign work, by certificate of copyright in the country of origin, and +deposit should be made of three copies for preservation in the National +Library, the University and the Public Archives. On these conditions, +under the military ordinance of 1900, authors of foreign scientific, +artistic and literary works or their agents or representatives enjoy +protection in the case of new works. Regulations of 1909 prescribe the +forms of application for domestic and for foreign works. To claim Cuban +copyright, an American should obtain an attested copy of the <a +name="Page_424" id="Page_424"></a><span class="pagenum">[Pg +424]</span>copyright certificate and transmit this, with a power of +attorney in Spanish validated by a Cuban consul, and three deposit copies, +to a representative in Havana, who must deposit the certificate with an +attested Spanish translation and the three copies at the Registry. +Copyrights by Spanish subjects previous to the treaty of peace with the +United States, ratified in 1899, remain valid by virtue of a specific +article in the treaty. Cuba has been in reciprocal relations with the +United States as a "proclaimed" country since November 17, 1903, and has a +treaty with Italy (1903) on the "most favored nation" basis. It is reputed +to have ratified the Pan American convention of 1902, but possibly only +the industrial treaty.</p> + +<p class="sidenote"><a name="424a"></a>Haiti</p> + +<p>Haiti, which gave copyright protection as early as 1835, adopted in +1885 a copyright law with some unusual features. An author holds exclusive +right during life; the widow through her life; the children for twenty +years further, or other heirs, if there are no children surviving, for ten +years. Unauthorized reprints are confiscated on the complaint of the +proprietor of the copyright; and the author recovers from the reprinter +the price of a thousand, or from a bookseller of two hundred copies, +reckoned at the retail price of the author's edition. Deposit is required +of five copies within twelve months from publication at the Department of +the Interior. Haiti has the unique distinction in Latin America of being a +unionist country; it was originally a party to the Berne convention, +accepted the Paris acts and adopted the Berlin convention without +reservation. It has no relations with the United States and no +treaties.</p> + +<p class="sidenote"><a name="424b"></a>Dominican Republic</p> + +<p>The Dominican Republic provides copyright protection under its +constitution of 1896, has a treaty with Mexico (1890) on the "most favored +nation" basis, and ratified the Pan American convention <a name="Page_425" +id="Page_425"></a><span class="pagenum">[Pg 425]</span>(though possibly +only the industrial treaty) of 1902, June 15, 1907.</p> + +<p class="sidenote"><a name="425a"></a>West Indian Colonies</p> + +<p>Jamaica and the other British islands and colonies along the Atlantic +and Caribbean seas have copyright protection under imperial and to some +extent local laws, as already noted; Porto Rico is under the provisions of +United States law and the Danish and Dutch West Indian colonies are under +the respective laws of their nations.</p> + +<p class="sidenote"><a name="425b"></a>Brazil</p> + +<p>Brazil, under the constitution of 1891 and the law of 1898 and +regulations of 1901, grants copyright for the general term, inclusive of +photographs, of fifty years from the first of January of the year of +publication, with a term of ten years for the right of translation and +playright. Posthumous works are protected within fifty years from the +death of the author. Assignments are valid only for thirty years, after +which copyright reverts to the author. Written application for +registration is requisite at the National Library, and deposit of one copy +of a printed book or play must be made there within two years. Reservation +of royalty for playright must be made on a printed work. Protection is +confined to a native or resident or a Portuguese author of a work written +in Portuguese—the latter in accordance with a treaty of reciprocity +with Portugal (1889), the only treaty.</p> + +<p class="sidenote"><a name="425c"></a>Argentina</p> + +<p>Argentina, which under its constitution of 1853 and civil code of 1869 +protected an author's productions as general property, adopted in +September, 1910, a copyright law, as an application of common law, +providing for a term of life and ten years, or in the case of posthumous +works twenty years from publication. Protection is comprehensive of all +classes of intellectual property, and extends to all forms of use without +special reservation. By Presidential decree of February 4, 1911, a Section +of Library deposit was <a name="Page_426" id="Page_426"></a><span +class="pagenum">[Pg 426]</span>established as a division of the National +Library. Registration is required by deposit of two printed copies or of +an identifying reproduction within fifteen days from publication for works +published in the capital, or thirty days in the provinces, this including +foreign works published within the country, publication meaning the +offering for sale therein. The law specifically applies to authors of +other countries with which Argentina has international relations, deposit +in Buenos Aires being then not required where the formalities of the +country of origin have been fulfilled. Argentina's international relations +are dependent chiefly on the Montevideo convention of 1889, as ratified by +Argentina with respect to Paraguay, Peru and Uruguay in 1894, Bolivia in +1903, and with respect to Belgium in 1903, France in 1896, Italy and Spain +in 1900.</p> + +<p class="sidenote"><a name="426"></a>Paraguay and Uruguay</p> + +<p>Paraguay and Uruguay, like Argentina, long protected intellectual +property as general property. Paraguay's constitution of 1870 secures +exclusive property to an author, and a new penal code, promulgated in +1910, assures copyright on all classes of intellectual property, on +registration in the public registries with prescribed fees, and punishes +piracy by fine of double the profit and imprisonment. Uruguay in its civil +code of 1868 declared that the productions of talent or intellect are the +property of their authors, to be regulated by special law, but no such law +has been passed. Both countries have relations with the other South +American states parties to the Montevideo convention of 1889; Paraguay has +also the same relations as Argentina with the European countries above +cited. The statement that Paraguay is a party to the Mexico City +convention of 1902 seems a misapprehension arising from the fact that her +representative signed <i>ad referendum</i>. </p> + +<p class="sidenote"> <a name="427a"></a>Chile</p> + +<p><a name="Page_427" id="Page_427"></a><span class="pagenum">[Pg +427]</span>Chile, under the constitution of 1833 and law of 1834 and its +civil code of 1855 and penal code of 1874, protects copyright including +playright for a general term of life and five years thereafter, which may +be extended an additional five years, except for playright, by action of +the government, corporate works for forty and posthumous works for ten +years. Deposit of three copies is required at the National Library in +Santiago. Protection is extended to foreign works [first?] published in +Chile; a Chilean-made edition of a work already published abroad may have +protection for ten years. Chile has reciprocal relations with the United +States as a "proclaimed" country since May 25, 1896; by a provision in the +treaty respecting parcels post, piratical copies of works copyright in the +country of destination are to be excluded. Chile ratified only the +ineffective Rio convention of 1906.</p> + +<p class="sidenote"><a name="427b"></a>Peru</p> + +<p>Peru, under its law of 1849 and the constitution of 1860 and penal +code, grants copyright including playright for life and twenty years +thereafter. Anonymous and pseudonymous works may be protected for the full +term by deposit of the true name in a sealed envelope. Posthumous works +are protected for thirty years. Deposit is required of one copy in the +public library and one copy in the department Prefecture. Protection is +probably confined to an inhabitant of Peru, but Peru has reciprocal +relations under the Montevideo convention as ratified October 25, 1889, +with Argentina, Bolivia, Paraguay and Uruguay.</p> + +<p class="sidenote"><a name="427c"></a>Bolivia</p> + +<p>Bolivia, which protected intellectual property by its penal code of +1834, and later by a copyright law of 1879, adopted a brief copyright +code, including playright, in 1909, providing a general term of life and +thirty years, with the peculiar provision that the publisher of a work of +unrecognized authorship <a name="Page_428" id="Page_428"></a><span +class="pagenum">[Pg 428]</span>hitherto unpublished may have protection +for twenty years. Registration is required at the Ministry of Public +Education and deposit of one copy of printed works must be made within one +year of publication in the public libraries, in default of which the work +falls into the public domain. Bolivia has reciprocal relations under the +Montevideo convention as ratified November 5, 1903, with Argentina, +Paraguay, Peru and Uruguay, and also international arrangements with +France (1887).</p> + +<p class="sidenote"><a name="428"></a>Ecuador</p> + +<p>Ecuador, under the constitution of 1884 and law of 1887, grants +copyright for life and fifty years, and playright for life and twenty-five +years. Anonymous and pseudonymous works are protected fifty years beyond +the death of the publisher, unless the author meantime substitutes his +name; posthumous works for twenty-five years. There are special provisions +for terms of fifty years in the case of translations, adaptations, +compilations, etc., and for twenty-five years for editions of works of +undefined authorship. Registration is required with notice of reservation +of playright within six months from publication or three months from +performance of an unpublished play. Three copies of a printed work must be +deposited with the registrar for the use of the Minister of Public +Education, the National Library and the provincial library. Titles of +periodicals are specified as copyrightable. Assignment must be registered +to become operative. Protection is seemingly confined to a citizen of +Ecuador, but it is expressly provided that a foreign author may assign +right of translation or playright to a citizen of Ecuador, who may then +prevent infringement. Ecuador has reciprocal relations with Mexico (1888), +as also with France (1898, 1905) and Spain (1900), all on the "most +favored nation" basis.</p> + +<p class="sidenote"> <a name="429a"></a>Colombia</p> + +<p><a name="Page_429" id="Page_429"></a><span class="pagenum">[Pg +429]</span>Colombia, under the Constitution and law of 1886, and the civil +code of 1873 and penal code of 1890, protects copyright, including +playright, for life and eighty years, and for the legal existence of a +corporate body, with the provision as in Spain respecting natural heirs. +Registration is required within a year from publication or performance, at +the Ministry of Public Education, with deposit of three copies, one for +the Ministry and two for the National Library. If a work is not registered +within the year, it falls into the public domain for ten years, but can +thereafter be protected by registration within the succeeding year. +Non-Colombian authors seem not to enjoy protection of the right of +translation for a work printed in a country of foreign language. Colombia +has treaties with Spain (1885) on the "most favored nation" basis, Italy +(1892) and Switzerland (1908).</p> + +<p class="sidenote"><a name="429b"></a>Venezuela</p> + +<p>Venezuela, under the law of 1894 and penal code of 1897, protects +copyright including playright in perpetuity, the publisher being +considered the author in the case of anonymous and pseudonymous works +pending legal proof of the identity of the author. In posthumous works +protection is in perpetuity to the heirs or assigns. The right is secured +by request to the district governor or state president for the issue of a +patent with registry of title and verbal oath that the work has not been +previously published within Venezuela or elsewhere; the patent certificate +must be printed on the back of the title-page, and must be published at +least four times in the official gazette. Deposit must be made of six +copies at the Registry, two copies going to the Minister of Agriculture +for the National Library. Protection is not specifically confined to +Venezuelans, and seems to depend on first publication, but assignment to a +citizen of Venezuela may be desirable. Venezuela has no foreign +relations.</p> + +<p><a name="Page_430" id="Page_430"></a><span class="pagenum">[Pg +430]</span></p> + +<h3 class="p4">XXII</h3> + +<h4>BUSINESS RELATIONS OF COPYRIGHT: AUTHOR AND PUBLISHER</h4> + +<p class="p2 sidenote"><a name="430a"></a>Copyrights in their business +relations</p> + +<p>Business relations, founded on copyright, are chiefly those between +author and publisher. These relations involve questions, not so much of +copyright law in itself, as of the law of contract and other statutory and +common law provisions. There has been more or less desire on the part of +authors to include business relations within copyright statutes, and in +fact the recommendations of the American (Authors) Copyright League to the +initial copyright conference of 1905 covered several points of business +law, as for instance the right of an author to recover possession of his +work from the publisher in case the publisher failed to keep it in print, +or the right to prevent assignment of publication rights to a publisher +unsatisfactory to the author. It was, however, determined, both in the +conferences and by the Congressional Committees, to omit as far as +practicable from the copyright law all questions of business relationship, +and to leave these to specific contracts between author and publisher or +to the general provisions of law. The law, whether as to copyright or +other matters, should afford a basis of certainty for business, but it +cannot wisely interfere with freedom of contract between the parties to a +business transaction.</p> + +<p class="sidenote"><a name="430b"></a>The German publishing law of +1901<br /> + +Editions<br /> + +Alterations</p> + +<p>American and English statutes accordingly make no special regulation of +the calling of publisher. Provision is, however, made in some continental +countries for the regulation of publishing and publishers, as in Germany, +where a law of June 19, 1901, passed coincidently <a name="Page_431" +id="Page_431"></a><span class="pagenum">[Pg 431]</span>with the general +copyright code, covers this field in remarkable detail. It provides that +the author, during the continuance of the publishing contract within the +copyright period, may not reproduce or distribute the work otherwise than +through the publisher, except in translation, dramatization (or if a play, +novelization) or elaboration of a musical work which is not merely a +transposition or arrangement. The author is privileged to include his work +in a collected edition twenty years after publication, or an article from +a collective work after one year; and the publisher may not republish in +such form under the contract. Unless otherwise specified, the publisher is +entitled to print only one edition, if undefined one thousand copies, in +addition to extra copies for replacing damaged copies and not more than +five per cent free copies; destroyed copies may be replaced on notice to +author. Opportunity for revision must be afforded to the author in new +editions. Alterations are permitted to the author before reproduction and +at his expense during the progress of the work, but he cannot be charged +for alterations necessitated by new circumstances. The publisher may not +make alterations or abbreviation of text or title, except those to which +the author cannot fairly refuse consent.</p> + +<p class="sidenote">Issuance of work</p> + +<p>The publisher must issue the work in suitable form in accordance with +the customs of the trade and the character of the book, and immediately +after receipt of the complete work or completed separate part. The +publisher must take measures to keep the book in stock. He is not bound to +produce a new edition, but if on request from the author he fails to do +so, the publishing right reverts to the author. The publisher may cancel +the contract, if the purpose of a work no longer exists, on payment of +remuneration to the <a name="Page_432" id="Page_432"></a><span +class="pagenum">[Pg 432]</span>author. Proof for correction must be +furnished to the author.</p> + +<p class="sidenote">Price and remuneration</p> + +<p>The publisher may fix and reasonably reduce the price, but can raise it +only with consent of the author. If remuneration is not specified, an +equitable payment is required, and the remuneration is due on the delivery +or on the appearance of the work, or if determined by sale, then yearly, +with opportunity to the author to verify the account from the publisher's +books. The author is entitled to free copies to the extent of one per cent +of the edition, but not less than five nor more than fifteen, and to +additional copies at the lowest trade price. The author is entitled to +return of his manuscript after reproduction, if stipulated at the +beginning.</p> + +<p class="sidenote">Assignment</p> + +<p>The publisher may assign, in the absence of agreement, but not for +separate works; though for this last, consent cannot unreasonably be +withheld and may be presumed if the author does not reply within two +months to a demand; and the assignee becomes, jointly with the original +publisher, liable to the author for future performance of the contract. +When a contract is completed by the issue of specified editions or copies, +the publisher is bound to notify the author, and if the contract is for a +definite time, the publisher is not entitled to distribute remaining +copies after that time. In case of delay in the contracted delivery of +the work, the publisher, after a reasonable extension of time, may decline +the work, unless delay involves only insignificant loss; and in case the +work is not of stipulated quality, the publisher may also cancel the +contract or require damages for non-fulfillment. The author has analogous +rights as against the publisher.</p> + +<p class="sidenote">Accidental destruction<br /> + +Delivery</p> + +<p>If the work is accidentally destroyed after delivery to the publisher, +the author is entitled to remuneration, but the contract terminates; but +the author <a name="Page_433" id="Page_433"></a><span class="pagenum">[Pg +433]</span>must, if practicable, rewrite it for additional remuneration or +may reproduce it gratuitously and require publication. Like rights may be +enforced by either party in case of destruction for which the other is +responsible. Delivery is implied when the publisher is placed in position +to accept the work. If the author dies after delivery of part of his work, +the publisher may maintain his rights in the part delivered on specified +notice to heirs; and if the author is absolutely prevented from completing +his work, the publisher has like right to the portion already prepared. +The author may withdraw from his contract before reproduction of his work +or a new edition is begun, if justified by unforeseen circumstances, on +remuneration of publisher's expenses; but if he publishes elsewhere within +a year, he must also pay damages for non-fulfillment of contract to the +original publisher, unless the latter has declined to resume the +contract.</p> + +<p class="sidenote">Bankruptcy of publisher<br /> + +Non-copyright work</p> + +<p>The relations of a publisher in case of bankruptcy are specifically +treated, and the regulations of the civil code and general legal +principles are specifically applied to cancellation of publishing +contracts. On a non-copyright work, an author must not conceal from the +publisher that he cannot transfer exclusive right of publication; but the +author must act toward the publisher as though the work were copyrighted, +at least until six months after publication.</p> + +<p class="sidenote">Articles in periodicals</p> + +<p>The law is made applicable to articles in periodicals or portions of +collective works. An article in a newspaper is at the disposal of the +author immediately after publication; an article in other periodicals +after one year, unless exclusive continuing right has been sold to the +publisher. A publisher is free to make usual alterations in an unsigned +article. The author of an article may cancel his contract and obtain +remuneration in case it is not published within a year <a name="Page_434" +id="Page_434"></a><span class="pagenum">[Pg 434]</span>after delivery, but +damages can be claimed only in case a time of publication has been named +by the publisher. The author of a newspaper article has no claim to free +copies or special terms. In the case of a work planned by the publisher, +or a collaborative, supplementary or collective work commissioned by the +publisher, the publisher is not bound to reproduce and distribute the +work. The law is made applicable in case the contract with the publisher +is made by another than the author. Appeal is authorized to the Supreme +Court of the Empire.</p> + +<p>It is impracticable to cite all the details of this extraordinarily +detailed law, but the provisions summarized afford a remarkable conspectus +of German practice on business questions possibly arising between author +and publisher, useful in relation to American and English practice.</p> + +<p class="sidenote"><a name="434a"></a>The publisher as merchant<br /> + +<a name="434b"></a>"Outright" transfer</p> + +<p>The publisher is the merchant for the author, and the remuneration +which he can pay to the author is limited by the price and sale which he +can obtain from the book-buying public. The relation between author and +publisher should be, as previously emphasized, most fully, clearly and +specifically set forth in the initial contract. "Agreements between author +and publishers," said Vice Chancellor Page Wood in 1857 in Reade <i>v.</i> +Bentley, "assume a variety of forms. Some are so clear and explicit that +no doubt can arise upon them. Thus, where an author assigns his copyright, +the transaction is one which every person understands, and which leaves no +room for uncertainty as to the rights of the parties." The work may indeed +be transferred "outright" without written contract, by the delivery of the +manuscript and payment of a bargained sum, in which case the publisher +becomes the proprietor and may take out the copyright in his own name or +that of the author, can assign the <a name="Page_435" +id="Page_435"></a><span class="pagenum">[Pg 435]</span>work and treat it +entirely as though his own, except that he cannot alter it to the +detriment of the author's reputation. But even in "outright" sale, a +specific contract is desirable and is indeed necessary if the author is to +agree with the publisher to apply for renewal and include the added period +in the term.</p> + +<p class="sidenote"><a name="435a"></a>"Joint adventure"</p> + +<p>More usually, the contract between author and publisher is on the basis +of a specified royalty—usual in America, or "half +profits,"—more common in England, in which case the relation is not +that of partnership but of a "joint adventure" terminable on notice unless +it is made for a stated time, or for one or more editions, of a specified +number of copies, or under other limiting conditions. In such case the +expenses of publication may be borne by the publisher, or the author may +pay for the plates or for the edition, and receive correspondingly larger +return. Unless there is actual or constructive partnership, the publisher, +and not the author, is liable for paper, printing, and like accounts. Or +the publisher may be simply the agent of the author in manufacturing his +book and selling for a stated commission. A contract of publication +usually implies exclusive right, but an author may contract with several +publishers under a license agreement; and on the compulsory license +system, often miscalled the "royalty plan," he must permit any publisher, +who will pay him the license royalty, to issue the work.</p> + +<p class="sidenote"><a name="435b"></a>Risk and profit</p> + +<p>It is by means of the profit on successful books that the publisher is +able to take risks with new books and new authors. It has been said that +of five books, three fail, one covers its cost, the fifth must pay a +profit to cover the rest. The element of risk in the book business is, in +fact, very large; if the author complains that his successful book ought +not to pay for others' unsuccessful books, he can get over the difficulty +by taking the risk himself. </p> + +<p class="sidenote"> <a name="436a"></a>Long price and "net" price<br /> + +<a name="436b"></a>Equities</p> + +<p><a name="Page_436" id="Page_436"></a><span class="pagenum">[Pg +436]</span>The publisher usually sells to the public through the retail +trade at a stated retail price, which may be either long price, in which +case the high price and large trade discount permit a discount to the +public, or "net" price, a lower price with less discount, which the +bookseller is expected to maintain. The practice of issuing books at "net" +price is growing, in the belief that through this policy larger sales are +made and the publisher's gains and the author's royalties fairly balance. +On the average, the publisher probably gets less per volume than the +author, and the system is essentially on an equitable basis. The +publisher's larger returns come from the fact that he handles more books +than any one author writes. The publisher has usually, in bargaining with +the author, the advantage of larger experience and superior business +ability, and of the fact that the author seeks him rather than he the +author; but no law can better the author in these respects. As a matter of +practice, the better publishing houses treat with new authors on the same +basis as with old, through a standard form of contract.</p> + +<p class="sidenote"><a name="436c"></a>The literary agent</p> + +<p>The author sometimes employs the "literary agent" as an intermediary in +finding a publisher, especially for a first book, and in making +arrangements with the publisher, for which the agent expects a stated +payment or a proportion of the author's returns. The advantages of such +intermediaries are offset by many disadvantages, and the best publishing +houses treat an author as liberally and fairly in direct as through +intermediate relations. In any event, the contract should be made and +signed directly between author and publisher, as a third-party contract, +or a double contract between author and agent and agent and publisher, +presents serious complication in the event of future differences. The +agent should not be given any lien on future works by the author. The +literary <a name="Page_437" id="Page_437"></a><span class="pagenum">[Pg +437]</span>agent cannot accept conditions or make sale beyond the +authority given him by the author, and an innocent publisher may be held +responsible for acts beyond that authority, as in the English case of +Heinemann <i>v.</i> Smart Set Pub. Co., in 1909, where the defendants had +bought "serial rights" with leave to condense into one number, which the +agent had no authority to grant.</p> + +<p class="sidenote"><a name="437a"></a>Usual American contract</p> + +<p>In the publishing contract usual in America, the author "grants and +assigns" to the publishers the stated work, undertaking either to +copyright it himself or authorizing the publishers to enter copyright in +their name, or as his attorneys in his name. The contract usually includes +all translations, abridgments, selections, dramatizations, etc., or +specifically reserves those to the author, the publishers in the first +case agreeing to share profits or otherwise remunerate the author on such +special forms. The author is expected to guarantee that he is sole owner +of the work and has full power to make the grant, that the work is not a +violation of any other copyright and that it is free from scandalous or +libelous matter.</p> + +<p class="sidenote"><a name="437b"></a>Publishers' obligations</p> + +<p>The publishers undertake to publish the work in such style as they deem +best suited to its sale, at their own expense, unless the author contracts +to pay for the plates or for other publishing costs, and usually agree to +account for sales semi-yearly or yearly and to make payments within four +months thereafter. The royalty is usually based on the trade-list (retail) +price, on the cloth or ordinary binding, or the style of binding in which +the largest number of copies shall have been sold. It is frequently +stipulated that on paper-bound copies, or editions or copies for schools +or subscription sale, or a foreign market, or otherwise sold at a reduced +price, the royalty shall be reduced, and that on press and other free +copies no royalty shall <a name="Page_438" id="Page_438"></a><span +class="pagenum">[Pg 438]</span>be paid. When an author pays the cost of +the edition or pays for making the plates, he may contract to pay a +commission to the publisher and obtain the balance for himself, or he may +contract for a larger percentage of return to him than the usual royalty +percentage. The publishers are usually authorized to permit the printing +of selections and to arrange for translations, etc., subject to the +arrangement indicated above. The author is expected to pay for alterations +either in full or above a stated sum, as fifty dollars, and to provide any +index or like equipment if required.</p> + +<p class="sidenote"><a name="438a"></a>Reversion of contract</p> + +<p>Insurance is not usually required from the publishers, but in case of +fire or loss, the publishers have the option of reproducing the work, and +if they decline to do so, the contract usually provides for reconveyance +of the copyright to the author and the termination of the agreement after +the sale of copies remaining on hand. A publishing contract sometimes +provides that after a specified time from date of publication, as two or +five years, if the publishers consider that the public demand does not +justify continuing publication, or for other reasons, they may offer to +surrender their publishing rights on compensation for the plates, as at +half cost, and remaining copies, as at cost, and if the author does not +elect to accept this offer, then the publishers may sell copies on hand +free from royalty and terminate the agreement, the copyright reverting to +the author. The publishers are usually authorized, in their discretion, to +protect the copyright by legal proceedings at their expense or at joint +expense of publishers and author.</p> + +<p class="sidenote"><a name="438b"></a>Scope of contract</p> + +<p>The contract may be for the full term of copyright, with or without +obligation on the part of the author to provide for renewal, or for a +stated number of years and thereafter until terminated on stated notice, +or it may be for a specified number of editions <a name="Page_439" +id="Page_439"></a><span class="pagenum">[Pg 439]</span>or copies. It is +often stipulated that on discontinuance, the author shall have the right +to take over the plates at cost or half cost and remaining copies at cost, +in default of which the publishers may sell copies free of +royalty,—but not continue to use the plates. If the book contains +illustrations not made originally for the work, the contract may provide +that electrotypes of them shall be transferred to the author for use +solely in connection with the work in case of reversion of the copyright +to him. The contract is usually drawn subject to assignment by either +party, but only as a whole; but the author may require that the work shall +not be transferred, to another publisher or otherwise, without his +consent.</p> + +<p class="sidenote"><a name="439a"></a>Other works of author</p> + +<p>The contract may also reserve to the author a right to discontinue the +agreement in case the publishers elect not to publish other works, which +he may offer to them, or it may bind the author to offer subsequent works +to the same publishers. This keeps in view the ultimate publication of a +uniform collected edition of the author's works, which may also be covered +by a provision giving the author right to include his work in a collected +edition after a stated time.</p> + +<p class="sidenote"><a name="439b"></a>Standard contract</p> + +<p>The above summary gives the pith of a standard form of contract which +has been adopted, in more or less detail, by many American publishers, and +is usually kept in printed form by them. Owing to the careful +specifications in the American type of contract, there are fewer cases in +the American than in the English court records referring to the relation +between authors and publishers; and the English "half profits" custom +naturally leaves many more open questions of law and equity.</p> + +<p class="sidenote"><a name="439c"></a>Serial rights</p> + +<p>Where there are serial rights to be considered, as in the case of a +novel, the agreement between author and publisher should be very clear. If +an author contracts <a name="Page_440" id="Page_440"></a><span +class="pagenum">[Pg 440]</span>for a serial with periodical publishers who +are also book publishers, that contract should state whether rights for +book publication are involved or whether the author is left free to +arrange for book publication independently. Conversely, where an author +contracts for book publication, the contract should be explicit as to +whether the author or the publishers shall exercise or arrange for serial +publication, either before or after book publication.</p> + +<p class="sidenote"><a name="440a"></a>Republication of periodical +articles</p> + +<p>Where an author furnishes an article or series of articles for a +periodical, it should be made clear, by letter or contract, whether the +periodical publisher also obtains the right to republish such articles in +other shape or whether such right reverts to the author, and if so, how +soon after publication of the periodical.</p> + +<p class="sidenote"><a name="440b"></a>Foreign markets</p> + +<p>In these days of increasing international relations, it is important +that the author should have a clear understanding as to whether he retains +the rights in other markets, whether in English speaking or foreign +countries; or conveys them to the publishers as within the agreement, but +to be separately accounted for; or assigns them as an integral part of the +transaction. As between America and England, many publishing firms have +branch houses or representatives in the other country or are in special +relations with an independent firm therein. If the English market is +conveyed, there should be a clear-cut understanding as to whether this +includes the Canadian, Australian and South African rights. It is usual +that a lower royalty is paid to the author on sheets sold for another than +the home market.</p> + +<p class="sidenote"><a name="440c"></a>Contract to do work</p> + +<p>The contract of an author with a publisher that he <i>will</i> write a +specified book or work, is not usually enforceable by the courts through +specific performance, for the simple reason that a court has no means of +compelling <a name="Page_441" id="Page_441"></a><span class="pagenum">[Pg +441]</span>an author to use his brain for a certain purpose, and the +remedy against the author in this event is rather a suit for loss by +failure to perform the contract, which loss is difficult to prove. If any +remedy is to be provided, it should be stated in the contract as a +specified penalty to be paid by the author,—a provision seldom +included in publishing contracts. That an author may be held liable for a +breach of contract if he declined without good cause to complete a work +already partly delivered, was indicated in the early English case of Gale +<i>v.</i> Leckie in 1817. An agreement to write a book may stand as an +equitable assignment on the completion of the book, as was held in Ward, +Lock & Co. <i>v.</i> Long, in 1906 in the Chancery Division by Justice +Kekewich.</p> + +<p class="sidenote"><a name="441"></a>Contract not to write</p> + +<p>An author who has contracted not to write on a stated subject or for +other publishers, may be enjoined from such act. This was decided by early +English precedents, as when in the case of Morris <i>v.</i> Colman, in +1812, Lord Chancellor Eldon held that Colman, in virtue of his contract to +write plays for the Haymarket Theatre and for no other, could be +restrained from furnishing plays to another theatre, though he could not +be compelled to write plays; the same judge, in Clarke <i>v.</i> Price, +held in 1819 that he could neither compel Price to continue to furnish +Exchequer reports to the plaintiff publisher nor restrain him from +furnishing such reports to another publisher, because the contract +contained no specific provision to the latter effect. It is probable that +the undertaking of an author not to prejudice the sale of his book by +writing another of like subject, though under a different title, may be +enforced even against a succeeding publisher who had no knowledge of that +undertaking, as was indicated in Barfield <i>v.</i> Nicholson in 1824. +Thus publishers were granted equitable relief <a name="Page_442" +id="Page_442"></a><span class="pagenum">[Pg 442]</span>against an author +who had sold to other publishers modifications of an arithmetical series +of which the copyright had been sold to the plaintiffs, in Wooster +<i>v.</i> Crane in the U. S. Circuit Court of Appeals, in 1906. In +Brooke <i>v.</i> Chitty, however, in 1831, Lord Brougham declined to +restrain Chitty from writing a certain book, on the ground that the court +could not act until there was actual printing and publication. The +publisher, <i>vice versa</i>, cannot be restrained from publishing a rival +work, even though it competes directly with a work already published or +contracted for, unless that is distinctly forbidden in the contract with +the first author.</p> + +<p class="sidenote"><a name="442a"></a>Implied obligations</p> + +<p>If a publisher prints without special agreement a manuscript submitted +for approval, the courts will enforce reasonable payment; and in 1893, in +Macdonald <i>v.</i> National Review, in an English county court, it was +held that printer's proof sent by the publisher to the author, implied +acceptance for publication. That the publisher may be held responsible for +loss of a manuscript by the negligence of his employees, was held in Stone +<i>v.</i> Long, in the King's Bench Division, by Master Chitty in 1903. An +implied obligation to publish an accepted work was recognized in the +Canadian case of Le Sueur v. Morang, where the Canadian Supreme Court +affirmed in 1911 the decision that if a publisher withholds from +publication a work of which he had bought the copyright "outright," the +author might claim the work on return of the purchase money.</p> + +<p class="sidenote"><a name="442b"></a>Contract personal and mutual</p> + +<p>The contract between author and publisher is of a personal nature and +therefore not assignable, in the absence of specific provision, except +with consent of the other party. As it is with a particular author that a +publisher contracts for a book, so an author contracts with a publisher of +his choice and cannot be <a name="Page_443" id="Page_443"></a><span +class="pagenum">[Pg 443]</span> required to accept another. This is +especially true where, on a profit-sharing or royalty arrangement, the +author relies on the skill of the publisher for his market. Where E. V. +Lucas had arranged with Grant Richards to publish a work on half profit, +it was held in the Chancery Division in 1905 by Justice Warrington in a +suit against the publishers' trustee in bankruptcy, that the contract was +terminated by bankruptcy and that Mr. Lucas on fair purchase of the +remaining copies, might contract with another publisher. There is more +question when the contract is for a specified sum; and where the copyright +is assigned by outright purchase the rule would not hold good, for the +publisher then becomes the copyright proprietor. But even when a publisher +has bought a copyright "outright," he may not do the author the wrong of +printing the work in such altered shape as to injure the author's +reputation, as was held in 1832 in the English case of Archbold <i>v.</i> +Sweet, where a third edition of Archbold's legal work printed "with very +considerable additions," which the plaintiff showed to contain gross +blunders, was enjoined. But when work is done, to be published under the +name of another, the actual writer may not prevent alteration by the +employer, as was decided in Cox <i>v.</i> Cox in 1853, by the Vice +Chancellor. Such a personal contract cannot be transferred as a bankruptcy +asset, and on the bankruptcy of the publisher the rights revert to the +author, except that stock on hand may perhaps be sold to another, who may +not, however, distribute it to the disadvantage of the author. The +personal contract involves personal guarantee by each party to the other +of good faith and coöperative support, and neither party may act to the +disadvantage of the other. The author, during the continuance of a +publishing contract, must not permit the use of his <a name="Page_444" +id="Page_444"></a><span class="pagenum">[Pg 444]</span>work otherwise, to +the prejudice of the original publisher, and the publisher must not sell +copies to the injury of the future market of the author.</p> + +<p class="sidenote">English development of this doctrine</p> + +<p>This general doctrine was worked out in a chain of early English cases, +the first of which was that of Sweet <i>v.</i> Cater, in 1841, where Vice +Chancellor Shadwell decided that the plaintiff publisher who had +contracted with Sir Edward Sugden to publish a tenth edition of 2500 +copies of his legal work, could, until the specified copies were sold, +prevent the publishing of another edition by the defendant publisher, +despite any arrangements between the author and the latter. It was +strongly upheld by Vice Chancellor Page Wood in the case of Stevens +<i>v.</i> Benning, in 1854, affirmed on appeal by the Lords Justices, and +Reade <i>v.</i> Bentley, in 1857. In the first case Forsyth contracted for +the publication of his legal work, undertaking to make future revision for +subsequent editions, with the publishing firm of the elder Benning, and on +its bankruptcy, four hundred copies of the second edition were sold to +Stevens & Norton, which firm sued to prevent the younger Benning from +publishing a third edition as revised by Forsyth. The Vice Chancellor held +that though the plaintiffs might presumably sell the copies, if done +without disadvantage to the author, the original contract was not an +assignment, but a personal contract which could not pass to the +plaintiffs, and therefore denied an injunction. In the second case, where +Charles Reade sought to resume his rights in "Peg Woffington" and +"Christie Johnstone," from his publisher Bentley, after all expenses had +been paid and profits on several editions accounted for, the Vice +Chancellor held that the contract, as of a personal nature, could be +terminated by the author when that did not involve loss to the other +party. Copies printed to replace others destroyed by <a name="Page_445" +id="Page_445"></a><span class="pagenum">[Pg 445]</span>fire were decided +in the case of Blackwood <i>v.</i> Brewster, in 1860, in the Scotch Court +of Session, not to constitute a new edition. In the later case of Hole +<i>v.</i> Bradbury, in 1879, a joint author and the heir of a deceased +joint author of "A little tour in Ireland" were adjudged by Justice Fry to +be entitled to resume their rights and to recover the illustrations from +publishers who had succeeded to the business of the original publishing +firm.</p> + +<p class="sidenote"><a name="445a"></a>Author's transfer to other +publishers</p> + +<p>In Warne <i>v.</i> Routledge, in 1874, where Mrs. Cook sought to +transfer from one publisher to another without notice a book of which +44,000 copies had been printed and 42,000 sold, the plaintiff publisher +sought to restrain the defendant from issuing a new edition until the +remaining copies had been sold. Sir George Jessel, M. R., held that the +right of publishing was an exclusive one for the time of the contract, +though the word exclusive was not used, but that the author could provide +for publication by another publisher immediately on terminating a +contract,—a decision which has been criticized as not compatible +with other decisions nor sound law.</p> + +<p class="sidenote"><a name="445b"></a>Proprietary name</p> + +<p>Where a proprietary name becomes identified with a publication, an +assignment of the work may estop the person named from use of his name or +advertisement of his service elsewhere, as in the English case of Ward +<i>v.</i> Beeton, in 1875, where the originator of "Beeton's Christmas +Annual," who had been dismissed by the publishers of that work, was +restrained from advertising that he would edit a similar publication for +another publisher. But the editor's name is not necessarily part of the +title, and an editor may not restrain its omission from the title-page, as +was held in the English case of Crookes <i>v.</i> Petter, in 1860.</p> + +<p class="sidenote"> <a name="446"></a>Copies remaining unsold</p> + +<p><a name="Page_446" id="Page_446"></a><span class="pagenum">[Pg +446]</span>It was decided in the English case of Howitt <i>v.</i> Hall, in +1862, by Vice Chancellor Page Wood, that where a publisher had procured +from an author the copyright for a limited term, in that case four years, +he had the right to sell, after the expiration of the contract term, +copies printed in good faith within the term, though the court indicated +that if there had been an excessive printing of the work with the evident +purpose of stocking up for sale after expiration of the contract, such +course would not be permitted. This precedent indicates that a publisher +would have the right to sell copies printed during the original term of +copyright and remaining in stock, even if an author under the renewal +provision of the American code exercised the right to make arrangements +with another publisher for the renewal term. To like effect it was decided +in the English case of Taylor <i>v.</i> Pillow, in 1869, by Vice +Chancellor James, that a copyright proprietor assigning the copyright +might thereafter dispose of copies of a song remaining unsold, in the +absence of stipulations to the contrary. These questions are usually +decided in advance in American publishing practice by provision in the +contract between author and publisher that copies remaining unsold at the +end of the contract term may be reclaimed by the author at a stated +price—and some such provision is always desirable.</p> + +<p class="sidenote">American confirmation</p> + +<p>The same doctrine was upheld in the American case of Pulte <i>v.</i> +Derby, in 1852, in the U. S. Circuit Court by Judge McLean, who held +that where the contract for publishing a second edition provided that the +publishers might print as many copies as they could sell, the publishers +might make successive printings in that edition, and that the use of the +words "third edition" on the title-page did not terminate the arrangement. +The author could not meantime publish otherwise, but the publishers, who +held legal title to the copyright within the terms of the contract, could +<a name="Page_447" id="Page_447"></a><span class="pagenum">[Pg +447]</span>not exercise rights beyond the second edition, nor could they +assign their rights.</p> + +<p class="sidenote"><a name="447a"></a>Renewal term</p> + +<p>American publishers usually expect the author to make a contract for +the entire copyright period, and to make application in their behalf for +the renewal term. It is true that the very large percentage of books lose +their value long before the close of the original term, and that the +percentage where renewal is desirable is very small.</p> + +<p>It was a thought to which "Mark Twain's" mind often recurred that a +long copyright term was not desirable, because so few books were of value +at the end of one or two decades, and he frequently put forward a scheme +for extending copyright from period to period, based on the issuance of a +cheap edition under the author's sanction. This scheme, which he presented +in some detail at the time of the Congressional copyright hearings, did +not receive support from other students and advocates of copyright.</p> + +<p class="sidenote"><a name="447b"></a>License not assignment</p> + +<p>A contract giving publishers the "whole and exclusive right of +publication," was decided <i>In re</i> Clinical Obstetrics by the Chancery +Court, through Justice Warrington, in 1908, to be a personal contract and +license, not an assignment of copyright, and the assignment entries were +ordered to be expunged, in line with the decision in 1907 by the Court of +Appeal in <i>Re</i> "The Liedertafel series" <i>et al.</i></p> + +<p class="sidenote"><a name="447c"></a>Author's and publisher's +profits</p> + +<p>The publication of a book involves many indirect expenses, in addition +to the direct cost of manufacture, such as the share of general office +expenses, the large item of advertising and the like. These are difficult +to allot, and this helps to make the "half profits" system a fruitful +occasion of disagreements. On this system or on the commission basis, the +nature and proportion of these indirect charges should be clearly set +forth in the publishing agreement. On a "half <a name="Page_448" +id="Page_448"></a><span class="pagenum">[Pg 448]</span>profit" or similar +plan, the publisher is not considered to be entitled to make his own +profit on paper, printing, etc., but must account for these at the cost to +him; and in any event the publishers' accounts must be fully open to the +author. On the whole, the payment of royalty, on the usual American plan, +is more satisfactory. The customary royalty is ten per cent, or in the +case of authors of established reputation whose works have large sale, as +high as fifteen or twenty per cent, when the publishers cover all +expenses, except that on school books and "subscription" editions the +royalty is usually five per cent. When an author pays for the plates or +for the edition, the return is substantially higher, as fifteen or twenty +per cent to the ordinary author. The royalty is usually reckoned on +ordinary cloth binding, unless otherwise stated in the contract, and +almost invariably not on copies printed, but on copies sold. A royalty on +"all copies sold" was construed in the King's Bench Division by Justice +Walton, in Neufeld <i>v.</i> Chapman in 1901, to cover all forms of +publication, including royalty on a proportionate part of the sales price +of a periodical.</p> + +<p class="sidenote"><a name="448"></a>The publisher's share</p> + +<p>The publisher does not, as is sometimes assumed, get the other ninety +per cent as profit; he gets the difference between the receipts from the +trade or public on copies <i>actually sold</i>—averaging perhaps two +thirds of the "retail price," on which the author's ten per cent (really +thus fifteen per cent) is reckoned—and the cost of making the +<i>entire edition</i> and of advertising and marketing the book. The +author, in any event, gets a return proportioned to the success of his +book. If its sales are small, the publisher makes a loss; if large, the +publisher makes a profit increasing proportionately after the initial +outlay for publication has been covered. </p> + +<p class="sidenote"> <a name="449a"></a>"Author's editions"<br /> + +<a name="449b"></a>Printer's lien</p> + +<p><a name="Page_449" id="Page_449"></a><span class="pagenum">[Pg +449]</span>When an author arranges with a publisher or printer to issue a +book at author's expense, such editions being usually known as "author's +editions," great care should be taken to make such arrangements only with +publishers or printers of known and high character and to base them on a +complete and exact written contract, defining particularly the amount of +commission or royalty to be paid by or to the author, or the expenses to +be allowed before reckoning "half profits." Publishers of good repute make +such arrangements in the case of books not likely to show adequate +commercial profit, but there are publishers and printers who make a +business of such transactions with authors without adequately providing to +give the author the best possible market, and these cannot always be +expected to deal fairly with him. Arrangements made directly between an +author (or publisher) and a printer as such, are scarcely within the scope +of this work, but it may be said briefly that a printer usually has a +mechanic's lien on plates he has made or sheets he has printed (but not on +plates used by him unless he has made them), until the bills are paid; and +that he may not demand payment until the work has been completed, or in +case of its destruction by fire or otherwise, previous to complete +delivery, in the absence of contract obligation for advance or partial +payment.</p> + +<p class="sidenote"><a name="449c"></a>Compulsory license system</p> + +<p>The compulsory license system, often miscalled "the royalty +plan,"—discussed in England in 1877 as the Farrer proposal and in +America about 1890 as the Pearsall-Smith scheme,—is provided by +legislation under which any publisher may publish a work without consent +of the author provided he pays a royalty as specified or stipulated in the +law, as ten or five per cent or a fixed sum per copy. This system has +unfortunately been adopted in the new American code, <a name="Page_450" +id="Page_450"></a><span class="pagenum">[Pg 450]</span>with reference to +the mechanical reproduction of music, though with the saving clause that +the author has complete right to forbid mechanical reproduction of his +musical composition so long as he does not license any manufacturer. This +American precedent has been followed as to mechanical music in recent +legislation by Germany and other continental countries and in the modified +British measure. The Italian copyright law has, however, a compulsory +license provision for the second forty years of copyright, under which any +publisher can issue a book on payment to the author of five per cent +royalty; and the new British measure contains a like provision applicable +twenty-five or thirty years after the author's death, on a basis of ten +per cent royalty.</p> + +<p class="sidenote"><a name="450"></a>License payments</p> + +<p>The American provision is for two cents for each roll, under elaborate +regulations, as set forth in the chapter on mechanical music provisions. +It is doubtful whether those regulations can be effectively applied, and +indeed the whole provision may prove unconstitutional because of its +interference with the right of sale or license involved in private +property. The several substitutes for these regulations proposed and +discussed, were rejected as even less desirable—as the proposal that +the Copyright Office itself should undertake an elaborate system of +accounting and guarantee to the author as practically a ward of the state, +and another proposal for a system of stamps to be affixed to each copy +published, supplied by the Copyright Office or the author and sold to the +publisher, a system actually in practice in shoe manufacture under the +royalty system of the McKay Shoe Manufacturing Company. The answer to all +these schemes is that the author should be at liberty to make such +arrangements, by contract with one publisher or with many, as he may +please, and that a law to compel him <a name="Page_451" +id="Page_451"></a><span class="pagenum">[Pg 451]</span>to adopt any one +plan of marketing his wares would interfere with his freedom of choice and +his natural return.</p> + +<p class="sidenote"><a name="451a"></a>Saving through single publisher</p> + +<p>The reason that an author chooses one publisher instead of many is the +simple one that the original cost of making and advertising a book is in +this way reduced to one outlay instead of multiplied in many, and that +this cost is minimized by being distributed over the largest possible +edition. It is the practice of any successful publisher to plan for such +an edition as will command the widest sale, and so distribute the original +cost over as many copies as possible, and when a copyright book proves to +be of such general demand that different styles of editions can be sold, +such editions are in fact made by the same publisher. The compulsory +license system would only protect the public against the unwisdom of +publishers, whose mistakes are presently corrected by business failure or +by the transfer of his books by the author to more enterprising +houses.</p> + +<p class="sidenote"><a name="451b"></a>Copyrights in bankruptcy</p> + +<p>Copyrights are specifically included, with patents and trade-marks, in +the bankruptcy acts as assets which pass to the trustee, which applies to +a bankrupt author as well as to other copyright proprietors, but as +previously stated, this does not include the personal contract for the +publication of an unassigned work. This last doctrine was fully upheld in +the English case of Griffith <i>v.</i> Tower Pub. Co. & Moncrieff, in +1897, by Justice Stirling, where the liquidator of a corporation was +enjoined from transferring a copyright direct to a publisher not +acceptable to the author. A manuscript as such is a tangible asset in +bankruptcy if of value in itself, but the right of the author to copyright +or to publish his manuscript is a personal and not a property right, which +therefore does not pass in case of bankruptcy, and a court would <a +name="Page_452" id="Page_452"></a><span class="pagenum">[Pg +452]</span>probably not undertake to compel an author to realize the value +of an unpublished work for the benefit of creditors by publication and +copyright. Nor may a bankrupt author be compelled in bankruptcy process to +complete his work, as was decided in 1841 in the English case of Gibson +<i>v.</i> Carruthers.</p> + +<p class="sidenote"><a name="452"></a>Copyrights in taxation</p> + +<p>Copyrights, like patents, are subject to the inheritance tax, as +capitalized on the basis of income. In the appraisal of 1911 of the +copyrights of Mrs. Mary Baker G. Eddy, author of "Science and health," and +other Christian Science books, the valuation returned for tax purposes +reached $1,400,000, which is probably the largest valuation ever put upon +the copyrights of any one author. The copyrights of the late Marion +Crawford were appraised by the New York State tax authorities, in the same +year, by valuing his last novel at the income during its first year of +publication and his earlier novels at the income for three years passed. +Neither method afforded a fair valuation, as a work may be dead after its +first year, and the test by income through successive years would depend +on whether sales were decreasing or increasing during the period. Standard +school books are sometimes estimated as worth three years' income, but +such a generalization would not apply in other cases. Each valuation, for +tax or sales purposes, must depend upon the circumstances in each case. An +inheritance or other tax on copyrights, which are intangible property, may +fairly be questioned, in view of the uncertainty whether the legatees may +realize any future return from the property.</p> + +<p><a name="Page_453" id="Page_453"></a><span class="pagenum">[Pg +453]</span></p> + +<h3 class="p4">XXIII</h3> + +<h4>THE LITERATURE OF COPYRIGHT</h4> + +<p class="p2 sidenote"><a name="453a"></a>Bibliographical materials</p> + +<p>The literature of copyright is extensive and its bibliography would now +make a volume in itself. The bibliography of literary property prepared by +Thorvald Solberg, now Register of Copyrights, for the Bowker-Solberg +volume of 1886, occupying sixty pages, covered approximately fifteen +hundred titles, besides analytical indexes to several periodicals. The +bibliography to the present date, inclusive of that material, which +Register Solberg has continued, would increase this record at least +twofold. The copyright campaign resulting in the code of 1909 was +especially prolific of drafts and bills, Congressional and other reports +and private publications, of which "dry as dust" indication is given in +the earlier chapter containing the record of that campaign. Nothing more +can be attempted in this chapter than a brief glance over historical +material and leading works.</p> + +<p class="sidenote"><a name="453b"></a>Early history</p> + +<p>The early history of copyright is to be traced only through incidental +references in classical and medieval works. Among these may be instanced +Montalembert's "Monks of the West" and Brown's "History of the printing +press in Venice," previously cited. George Haven Putnam's work on "Books +and their makers in the Middle Ages" (New York, Putnams, 1896-97, 8vo, 2 +v., 459, 538 p.), though dealing chiefly with publishing relations, +incidentally gives much information on the early history of printing +privileges and copyrights proper. Several of the law book writers, <a +name="Page_454" id="Page_454"></a><span class="pagenum">[Pg +454]</span>notably Copinger, summarize in some measure the early history +of copyright.</p> + +<p class="sidenote"><a name="454a"></a>Early American contributions</p> + +<p>Perhaps the earliest American publication distinctively on copyright +was the "Remarks on literary property," by Philip H. Nicklin, in 1838, in +which he included as an appendix a reprint of Joseph Lowe's summary of +copyright history and practice up to 1819, from the Encyclopædia +Britannica supplement, and argued for longer, if not perpetual copyright +for our own authors, on the plea that "charity begins at home," as well as +for international copyright throughout a world-wide republic of letters. +The later movements in America for international copyright brought out +much writing, though largely in periodical articles and pamphlets, among +the most noteworthy of which were Dr. Francis Lieber's letter "On +international copyright," of 1840, Henry C. Carey's "Letters on +international copyright," of 1853, and "The international copyright +question considered," of 1872, George Haven Putnam's monograph on +"International copyright," of 1878, and Richard Grant White's "American +view of the copyright question," of 1880.</p> + +<p class="sidenote"><a name="454b"></a>Later American pamphleteers</p> + +<p>During the copyright campaign leading to the act of 1891, several +pamphlets were issued on behalf of the American (Authors) Copyright +League, notably Rev. Dr. Henry van Dyke's "National sin of piracy," of +1888, and Prof. Brander Matthews's "Cheap books and good books," on the +texts of James Russell Lowell's epigram, "There is one thing better than a +cheap book, and that is a book honestly come by," and George William +Curtis's words, "Cheap books are good things, but cheapening the public +conscience is a very bad thing,"—which last paper is reprinted in +Putnam's "Question of copyright."</p> + +<p class="sidenote"><a name="455a"></a>American treatises</p> + +<p>The leading American law book writer has been <a name="Page_455" +id="Page_455"></a><span class="pagenum">[Pg 455]</span>Eaton S. Drone, +later editor of the New York <i>Herald</i>, whose valuable "Treatise on +the law of property in intellectual productions in Great Britain and the +United States" (Boston, Little, Brown & Co., 1879, 8vo, 774 p.) +covered comprehensively the general copyright legislation of 1870-74, and +superseded the earlier standard American law book, George Ticknor Curtis's +work of 1847, "Treatise on the law of copyright ... as enacted and +administered in England and America." The volume on "Copyright, its law +and its literature," by R. R. Bowker and Thorvald Solberg (N. Y. +<i>Publishers' Weekly</i>, 1886, 8vo, 136 p.), the latter furnishing the +bibliography of copyright, included facsimile of the autograph signatures +in the memorial of American authors of 1885, and a reprint of Sir James +Stephen's digest of British copyright law, as well as the revised +statutes, constituting the copyright law of the United States at that +time. "The question of copyright," by George Haven Putnam (N. Y., Putnams, +1891, 12mo, 412 p.), brought into one compilation many of the important +documents and articles, including the text of the act of 1891. A valuable +digest of "Copyright cases, 1891-1903," American and English, was compiled +by Arthur S. Hamlin for the American Publishers Copyright League (N. Y., +Putnams, 1904, 8vo, 237 p.).</p> + +<p class="sidenote"><a name="455b"></a>Copyright Office publications</p> + +<p>The most valuable series of current publications on copyright are those +issued from the Library of Congress by the Copyright Office, under +Register Solberg's administration. The most important of these series is +that of Copyright Office <i>Bulletins</i> issued at irregular intervals, +of which No. 14 presents the current copyright law and No. 15, issued in +1910, gives the "Rules and regulations for the registration of claims to +copyright" under the new law. No. 3, as issued in a second edition in +1906, contains the full <a name="Page_456" id="Page_456"></a><span +class="pagenum">[Pg 456]</span>text of "Copyright enactments of the United +States, 1783-1906," and No. 8, issued in 1905, "Copyright in Congress, +1789-1904," contains a bibliographical and chronological record of all +proceedings in Congress. Several bulletins were issued during the +preparation of the law of 1909, of which the most important was No. 9, +giving the "Provisions of the United States copyright laws with a summary +of some parallel provisions of the laws of foreign countries." No. 5 +covers copyright in England, presenting the full text of copyright acts +from 1875 to 1902, including and supplementing Sir James Stephen's digest +of British copyright law; No. 6, "Copyright in Canada and Newfoundland" up +to 1903; No. 7, "Foreign copyright laws now in force" up to 1904; No. 11, +"Copyright in Japan" up to 1906; and No. 13, the documents of the +International Copyright Union, including the Berlin convention of 1908. +Bulletins No. 1 and 2 cover the former copyright law and directions for +registration under it. Many of these bulletins are already out of print. A +minor series is that of <i>Information circulars</i>, of which forty-five +have been published, many of them now out of date and superseded, covering +from time to time current information as to laws, proclamations, treaties, +etc., domestic and foreign, as well as opinions of the Attorneys-General, +custom regulations and the like.</p> + +<p class="sidenote"><a name="456a"></a>Labor report</p> + +<p>A report on the effect of the international copyright law by the +Commissioner of Labor, Carroll D. Wright, was presented to the Senate in +1901.</p> + +<p class="sidenote"><a name="456b"></a>English contributions about +1840</p> + +<p>Copyright literature in England is too extensive for more than brief +reference here. "The great debate," led by Serjeant Talfourd on one side +and Lord Macaulay on the other, is recorded in Hansard's Parliamentary +Debates (third series, volume LVI of 1841), and the speeches of the two +combatants are <a name="Page_457" id="Page_457"></a><span +class="pagenum">[Pg 457]</span>reprinted in their respective works. John +James Lowndes's "Historical sketch of the law of copyright" was printed in +1840, with especial reference to Serjeant Talfourd's bill, and contained +an appendix on the state of copyright in foreign countries—America, +France, Holland and Belgium, the German states, Russia, Denmark, Norway +and Sweden, Spain, and the Two Sicilies. "A plea for perpetual copyright," +by W. D. Christie, was also put forth in 1840. Carlyle's caustic "Petition +on the copyright bill" is included in his "Critical and miscellaneous +essays."</p> + +<p class="sidenote"><a name="457a"></a>Later English contributions</p> + +<p>Among the later noteworthy contributions to the subject were the +caustic denunciation of international piracy by Charles Reade, the +novelist, under the title "The eighth commandment," reprinted in America +by Ticknor & Fields, in 1860; Matthew Arnold's <i>Fortnightly</i> +article of 1880, on "Copyright," printed in the volume of his collected +works containing his "Irish essays"; John Camden Hotten's seven letters on +"Literary copyright," in a volume of 1871; and Walter Besant's volume "The +pen and the book," of 1899, containing a special chapter on copyright and +literary property by G. H. Thring, Secretary of the British Society of +Authors. Herbert Spencer made several contributions to the subject, some +of which were reprinted in his "Various fragments."</p> + +<p class="sidenote"><a name="457b"></a>English legal treatises</p> + +<p>There had been published, so early as 1823, the first edition of +Richard Godson's "Practical treatise on the law of patents for inventions +and of copyright," which was immediately translated into French and became +the standard English work, being supplemented in 1832 with an abstract of +the laws in foreign countries and republished in a second comprehensive +edition in 1840 by Saunders & Benning, London; in 1844 this second +edition, with a supplement covering the recent laws, was reissued by W. <a +name="Page_458" id="Page_458"></a><span class="pagenum">[Pg +458]</span>Benning & Co., in an octavo of 700 pages, and in 1851 a +separately published supplement by Peter Burke brought Godson's work up to +that date. Another early English law book was Robert Maugham's "Treatise +on the laws of literary property, comprising the statutes and cases; with +an historical view and disquisitions," published by Longmans in 1828. The +standard work of W. A. Copinger on "The law of copyright, in works of +literature and art," first published in 1870 and reissued in a fourth +edition, as edited by J. M. Easton (London, Stevens & Haynes, 1904, 8vo, +1155 p.), includes as well as English and American decisions, chapters on +international copyright and on copyright in foreign countries, with full +text of English and many foreign statutes, and many legal forms. A work by +J. H. Slater covered "The law relating to copyright and trade-marks" +(London, Stevens, 1884, 8vo, 466 p.), in the form of a digest of the more +important English and American decisions. The writer of the York Prize +Essay of the University of Cambridge for 1882, T. E. Scrutton, rewrote and +extended his work under the title of "The law of copyright," later +continued into a fourth enlarged edition (London, Clowes, 1893, 4 ed., +8vo, 356 p.). B. A. Cohen published a compact study of "The law of +copyright" in 1896.</p> + +<p class="sidenote"><a name="458a"></a>Birrell's lectures</p> + +<p>Augustine Birrell, as Quain Professor of law at University College, +London, delivered a series of lectures in 1898, of which seven were +printed in his delightfully readable little volume on "The law and history +of copyright in books" (London, Cassell, 1899, 12mo, 228 p.).</p> + +<p class="sidenote"><a name="458b"></a>MacGillivray's works</p> + +<p>The latest English law book writer is E. L. MacGillivray, whose +"Treatise upon the law of copyright," British and American (London, +Murray, 1902, 8vo, 439 p.) is extremely valuable as a case <a +name="Page_459" id="Page_459"></a><span class="pagenum">[Pg +459]</span>digest, with foot-note references to cases. This was followed +by a brief "Digest of the law of copyright," English only, prepared by the +same writer for the Publishers Association of Great Britain and Ireland +(London, Butterworth, 1906, 12mo, 106 p.). The same association has +printed annually from 1901, a digest of "Copyright cases," which are +collected in two volumes, for 1901-04 and 1905-10 inclusive, also edited +by Mr. MacGillivray.</p> + +<p class="sidenote"><a name="459a"></a>English special treatises</p> + +<p>Special English treatises on specific classes of copyright protection +are Colles and Hardy's "Playright and copyright in all countries" (London, +Macmillan, 1906, 8vo, 275 p.); Edward Cutler's "Manual of musical +copyright law" (London, Simpkin, Marshall, 1905, 8vo, 213 p.); Reginald +Winslow's "The law of artistic copyright" (London, Clowes, 1889, 8vo, 215 +p.); Edmunds and Bentwich's "The law of copyright in designs" (London, +Sweet & Maxwell, 1908, 2 ed., 8vo, 488 p.); Knox and Hind's "Law of +copyright in designs" (London, Reeves & Turner, 1899, 8vo, 264 p.); +and William Briggs's comprehensive treatise on "The law of international +copyright" (London, Stevens & Haynes, 1906, 8vo, 870 p.), the most +important publication in English in its field.</p> + +<p class="sidenote"><a name="459b"></a>Parliamentary and Commission +reports</p> + +<p>The Parliamentary papers giving reports of special commissions, +referred to in previous chapters, constitute an important part of the +English literature of copyright, the most notable being the report of the +Royal Copyright Commission issued in 1878, with Sir James Stephen's digest +of the law as then existing, and a supplementary blue-book of evidence; +the report of the Musical Copyright Committee appointed by the Home +Department, of 1904; the report of the Law of Copyright Committee +appointed by the President of the Board of Trade, of 1909, <a +name="Page_460" id="Page_460"></a><span class="pagenum">[Pg +460]</span>with accompanying minutes of evidence; and the minutes of the +Imperial Copyright Conference of 1909. The new copyright bill has been +four times printed in progressive form—on its first introduction, +July 26, 1910, on its reintroduction, March 30, 1911, as it emerged from +committee, July 13, 1911, and as it went to the Lords, August 18, +1911.</p> + +<p>The pending Canadian bill has been printed only as introduced April 26, +1911, but the government has supplied an accompanying memorandum comparing +its provisions with existing law.</p> + +<p class="sidenote"><a name="460a"></a>Cyclopædias and digests</p> + +<p>The American and English law cyclopædias and digests also give +references to copyright cases and decisions, some in special chapters, +more or less comprehensive of recent copyright interpretations.</p> + +<p class="sidenote"><a name="460b"></a>French works</p> + +<p>The most recent authoritative French works on literary property are +Eugène Pouillet's "Traité théorique et pratique de la propriété littéraire +et artistique" (Paris, Marchal & Billard, 3d ed., 1908, 1028 p.); +Gustave Huard's "Traité de la propriété intellectuelle, v. 1. Propriété +littéraire et artistique" (Paris, Marchal & Billard, 1903, 400 p.), +and A. Huard and Édouard Mack's "Répertoire de législation, de doctrine et +de jurisprudence en matière de propriété littéraire et artistique" (Paris, +Marchal & Billard, 1909, 740 p.). An earlier elaborate work is that of +Claude Couhin, "La propriété industrielle, artistique et littéraire" +(Paris, Larose, 1894), in three volumes.</p> + +<p class="sidenote"><a name="460c"></a>German works</p> + +<p>For Germany the text of the general copyright law of June 19, 1901, of +the law relating to figurative arts and photographs of January 9, 1907, +and the amendatory law including mechanical music reproductions, May 22, +1910, should be consulted. Otto Lindemann's "Das Urheberrecht an Werken +der Literatur und der Tonkunst" (Berlin, Guttentag, 1910, <a +name="Page_461" id="Page_461"></a><span class="pagenum">[Pg 461]</span>3d +ed., 16mo, 155 p.) is a brief compilation of and comment on these laws of +1901 and 1910. The most recent and authoritative general works are Prof. +Josef Kohler's "Urheberrecht an Schriftwerken und Verlagsrecht" +(Stuttgart, F. Enke, 1907, 527 p.), though some of his statements of +theory have given rise to criticism and dispute, and his "Kunstwerkrecht" +(Stuttgart, Enke, 1908, 191 p.), Daude's "Die Reichsgesetze über das +Urheberrecht an Werken der Literatur und Tonkunst und das Verlagsrecht" +(Berlin, Guttentag, 1910, 293 p.), and Dr. Albert Osterrieth's "Das +Urheberrecht an Werken der bildenden Künste und der Photographie" (Berlin, +Heymann, 1907, 312 p.).</p> + +<p class="sidenote">Early German contributions</p> + +<p>In the early German literature of copyright should be noted the works +of Pütter, sometimes called the father of the modern theory of property in +intellectual productions, who wrote as early as 1764, an edition of whose +"Beyträge zum Teutschen Staats -u. Fürsten-Rechte" was published in +Göttingen in 1777; and the tractate of Immanuel Kant, "Von der +Unrechtmässigkeit des Büchernachdrucks," which may be found in his +collected works.</p> + +<p class="sidenote"><a name="461a"></a>Italian works</p> + +<p>The most important Italian work of recent issue is that of Eduardo +Piola-Caselli, "Del diritto di autore" (Naples, E. Marghieri, 1907, 875 +p.), and earlier works of standard character are Enrico Rosmini's +"Legislazione e jurisprudenza sui diritti d'autore" (Milan, M. Hoepli, +1890, 671 p.), and Pietro Esperson, "De' diritti di autore sulle opere +dell'ingegno ne' rapporti internazionali" (Torino, Unione +tipografico-editrice, 1899, 278 p.).</p> + +<p class="sidenote"><a name="461b"></a>Spanish compendium</p> + +<p>A useful compendium of Spanish copyright law of 1879 <i>et seq.</i>, +covering both the Peninsula and the <i>ultramar</i> colonies, was +published in Havana by La Propaganda Literaria, in 1890, as edited with an +interesting <a name="Page_462" id="Page_462"></a><span class="pagenum">[Pg +462]</span>comparison of Spanish law with that of Great Britain and +America by D. F. G. Garofalo y Morales.</p> + +<p class="sidenote"><a name="462"></a>International compilations</p> + +<p>A most valuable compilation of the copyright laws and treaties of all +countries, comprising a literal translation into German of about 250 acts, +is "Gesetze über das Urheberrecht in allen Ländern," edited in a second +edition by Prof. Ernest Röthlisberger (Leipzig, Hedeler, 1902, 418 p.), +which was complemented by his summary of the domestic and international +law of copyright in the different countries, "Der interne und der +internationale Schutz des Urheberrechts," also in its second edition +(Leipzig, Boersenverein der deutschen Buchhändler, 1904, 116 p.), +comprising references or mentions covering fifty-seven countries and +forty-nine colonies, especially the British colonies. With these should be +mentioned "Recueil des conventions et traités concernant la propriété +littéraire et artistique," published under the auspices of the Bureau of +the International Copyright Union (Berne, Bureau de l'Union +internationale, 1904, 8vo, 908 p.). These works are supplemented by the +publication from month to month in the <i>Droit d'Auteur</i> of Berne, of +which Prof. Röthlisberger is the editor, of new conventions, treaties, +laws and other material, bringing world-information up to date.</p> + +<p><a name="Page_463" id="Page_463"></a><span class="pagenum">[Pg +463]</span></p> + +<h2 class="p4">APPENDIXES</h2> + +<p><a name="Page_464" id="Page_464"></a><span class="pagenum">[Pg +464]</span><br /> <a name="Page_465" id="Page_465"></a><span +class="pagenum">[Pg 465]</span></p> + +<h3 class="p4">I</h3> + +<h4>UNITED STATES OF AMERICA: COPYRIGHT +PROVISIONS</h4> + +<p class="p2 center">1. UNITED STATES COPYRIGHT CODE OF 1909</p> + +<p class="center"><span class="smcap">An Act to amend and consolidate the +Acts respecting Copyright</span></p> + +<p class="sidenote">Exclusive right to print, publish and vend</p> + +<p><i>Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled</i>, That any person +entitled thereto, upon complying with the provisions of this Act, shall +have the exclusive right:</p> + +<p>(a) To print, reprint, publish, copy, and vend the copyrighted +work;</p> + +<p class="sidenote">To translate, dramatize arrange and adapt, etc.</p> + +<p>(b) To translate the copyrighted work into other languages or dialects, +or make any other version thereof, if it be a literary work; to dramatize +it if it be a non-dramatic work; to convert it into a novel or other +non-dramatic 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;</p> + +<p class="sidenote">To deliver lectures, sermons, etc.</p> + +<p>(c) To deliver or authorize the delivery of the copyrighted work in +public for profit if it be a lecture, sermon, address, or similar +production;</p> + +<p class="sidenote">To represent dramatic works, or make record, or +exhibit or perform, etc.</p> + +<p>(d) To perform or represent the copyrighted work publicly if it be a +drama or, if it be a dramatic work and not reproduced in copies for sale, +to vend any manuscript 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, represent, produce, or reproduce it in any manner or by +any method whatsoever;</p> + +<p class="sidenote">To perform music and make arrangement, setting, or +record<br /> + +Act not retroactive.<br /> + +Music by foreign author<br /> + +Control of mechanical musical reproduction<br /> + +Royalty for use of music on records, etc.<br /> + +Notice of use of music on records<br /> + +License to use music on records</p> + +<p>(e) To perform the copyrighted work publicly for profit if it be a +musical composition and for the purpose of public <a name="Page_466" +id="Page_466"></a><span class="pagenum">[Pg 466]</span> performance for +profit; and for the purposes set forth in subsection (a) hereof, to make +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: <i>Provided</i>, +That the provisions of this Act, so far as they secure copyright +controlling the parts of instruments serving to reproduce mechanically the +musical work, shall include only compositions published 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 or composer is a citizen or subject grants, either by treaty, +convention, agreement, or law, to citizens of the United States similar +rights: <i>And provided further, and as a condition of extending the +copyright control to such mechanical reproductions</i>, That whenever the +owner of a 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 copyright +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 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 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: <i>And provided further</i>, That it shall be the duty of the +copyright owner, if he uses the musical composition himself for the +manufacture of parts of instruments serving 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, <a +name="Page_467" id="Page_467"></a><span class="pagenum">[Pg 467]</span>and +any failure to file such notice shall be a complete defense to any suit, +action, or proceeding for any infringement of such copyright.</p> + +<p class="sidenote">Failure to pay royalties</p> + +<p>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 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 exceeding three times such amount.</p> + +<p class="sidenote">Reproduction of music on coin-operated machines</p> + +<p>The reproduction or rendition of a musical composition by or upon +coin-operated machines shall not be deemed a public performance for profit +unless a fee is charged for admission to the place where such reproduction +or rendition occurs.</p> + +<p class="sidenote">Right at common law or in equity</p> + +<p><span class="smcap">Sec. 2.</span> 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, and to +obtain damages therefor.</p> + +<p class="sidenote">Component parts of copyrightable work<br /> + +Composite works or periodicals</p> + +<p><span class="smcap">Sec. 3.</span> That the copyright provided by this +Act shall protect all the copyrightable component parts of the work +copyrighted, and all matter therein in which copyright is already +subsisting, but without extending the duration or scope of such copyright. +The copyright upon composite works or periodicals shall give to the +proprietor thereof all the rights in respect thereto which he would have +if each part were individually copyrighted under this Act.</p> + +<p class="sidenote">Works protected</p> + +<p><span class="smcap">Sec. 4.</span> That the works for which copyright +may be secured under this Act shall include all the writings of an +author.</p> + +<p class="sidenote">Classification of copyright works</p> + +<p><span class="smcap">Sec. 5.</span> That the application for +registration shall specify to which of the following classes the work in +which copyright is claimed belongs:</p> + +<p>(a) Books, including composite and cyclopædic works, directories, +gazetteers, and other compilations;</p> + +<p>(b) Periodicals, including newspapers; </p> + +<p><a name="Page_468" id="Page_468"></a><span class="pagenum">[Pg 468]</span> +(c) Lectures, sermons, addresses, prepared for oral delivery;</p> + +<p>(d) Dramatic or dramatico-musical compositions;</p> + +<p>(e) Musical compositions;</p> + +<p>(f) Maps;</p> + +<p>(g) Works of art; models or designs for works of art;</p> + +<p>(h) Reproductions of a work of art;</p> + +<p>(i) Drawings or plastic works of a scientific or technical +character;</p> + +<p>(j) Photographs;</p> + +<p>(k) Prints and pictorial illustrations:</p> + +<p class="sidenote">Classification does not limit copyright</p> + +<p><i>Provided, nevertheless</i>, 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.</p> + +<p class="sidenote">Compilations, abridgements, dramatizations, +translations, new editions<br /> + +Subsisting copyright not affected</p> + +<p><span class="smcap">Sec. 6.</span> That compilations or abridgements, +adaptations, arrangements, dramatizations, translations, or 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 the publication of any +such new works shall not affect 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 works.</p> + +<p class="sidenote">Not subject-matter of copyright: works in public +domain; government publications</p> + +<p><span class="smcap">Sec. 7.</span> That no copyright shall subsist in +the original text of any work which is in the public domain, or in any +work which was published in this country or any foreign country prior to +the going into effect of this Act and has 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: <i>Provided, however</i> +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 abridgement or annulment of the copyright +or to authorize <a name="Page_469" id="Page_469"></a><span +class="pagenum">[Pg 469]</span>any use or appropriation of such copyright +material without the consent of the copyright proprietor.</p> + +<p class="sidenote">Copyright to author or proprietor for terms specified +in Act<br /> + +Foreign authors</p> + +<p><span class="smcap">Sec. 8.</span> 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: <i>Provided, +however</i>, 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:</p> + +<p class="sidenote">Alien authors domiciled in U. S.</p> + +<p>(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</p> + +<p class="sidenote">Authors, when citizens of countries granting +reciprocal rights<br /> + +International agreement</p> + +<p>(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 by treaty; 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.</p> + +<p class="sidenote">Presidential proclamation</p> + +<p>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.</p> + +<p class="sidenote">Publication with notice initiates copyright</p> + +<p><span class="smcap">Sec. 9.</span> 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, except in the case of books seeking +ad interim protection under section twenty-one of this Act.</p> + +<p class="sidenote">Registration of copyright<br /> + +Copyright certificate</p> + +<p><span class="smcap">Sec. 10.</span> That such person may obtain +registration of his claim to copyright by complying with the provisions of +this Act, including the deposit of copies, and upon such compliance the +register of copyright shall issue to him the certificate provided for in +section fifty-five of this Act. </p> + +<p class="sidenote"> Copyright protection of unpublished works: lectures, +dramas, music, etc.<br /> + +Deposit of copies after publication</p> + +<p><a name="Page_470" id="Page_470"></a><span class="pagenum">[Pg +470]</span><span class="smcap">Sec. 11.</span> That copyright may also be +had of the works of an author of which copies are not reproduced for sale, +by the deposit, with claim of copyright, of one complete 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. But the privilege of registration of +copyright secured hereunder shall not exempt the copyright proprietor from +the deposit of copies under sections twelve and thirteen of this Act where +the work is later reproduced in copies for sale.</p> + +<p class="sidenote">Two complete copies of best edition<br /> + +Periodical contributions<br /> + +Work not reproduced in copies for sale<br /> + +No action for infringement until deposit of copies</p> + +<p><span class="smcap">Sec. 12.</span> That after copyright has been +secured by publication of the work with the notice of copyright as +provided in section nine of this Act, there shall be promptly deposited in +the copyright office or in the mail addressed to the register of +copyrights, Washington, District of Columbia, two complete copies of the +best edition thereof then published, which copies, if the work be a book +or periodical, shall have been produced in accordance with the +manufacturing provisions specified in section fifteen of this Act; or if +such work be a contribution to a periodical, for which contribution +special registration is requested, one copy of the issue or issues +containing such contribution; or if the work is not reproduced in copies +for sale, there shall be deposited the copy, print, photograph, or other +identifying reproduction provided by section eleven of this Act, such +copies or copy, print, photograph, or other reproduction to be accompanied +in each case by a claim of copyright. No action or proceeding shall be +maintained for infringement of copyright in any work until the provisions +of this Act with respect to the deposit of copies and registration of such +work shall have been complied with.</p> + +<p class="sidenote">Failure to deposit copies<br /> + +Register of copyrights may demand copies<br /> + +Fine $100 and retail price of 2 copies, best edition<br /> + +Forfeiture of copyright</p> + +<p><span class="smcap">Sec. 13.</span> That should the copies called for +by section twelve of this Act not be promptly deposited as herein +provided, the register of copyrights may at any time after the publication +of the work, upon actual notice, require the proprietor of the copyright +to deposit them, and after the said demand shall have been made, in +default of the deposit <a name="Page_471" id="Page_471"></a><span +class="pagenum">[Pg 471]</span>of copies of the work within three months +from any part of the United States, except an outlying territorial +possession of the United States, or within six months from any 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 hundred +dollars and to pay to the Library of Congress twice the amount of the +retail price of the best edition of the work, and the copyright shall +become void.</p> + +<p class="sidenote">Postmaster's receipt</p> + +<p><span class="smcap">Sec. 14.</span> That the postmaster to whom are +delivered the articles deposited as provided in sections eleven and twelve +of this Act shall, if requested, give a receipt therefor and shall mail +them to their destination without cost to the copyright claimant.</p> + +<p class="sidenote">Printed from type set within U. S.<br /> + +Book in foreign language excepted<br /> + +Lithographic or photo-engraving process<br /> + +Printing and binding of the book<br /> + +Illustrations in a book<br /> + +Separate lithographs and photo-engravings<br /> + +Books for blind excepted<br /> + +Books in foreign languages excepted</p> + +<p><span class="smcap">Sec. 15.</span> That of the printed book or +periodical specified in section five, subsections (a) and (b) of this Act, +except the original text of a book of foreign origin in a language or +languages other than English, the text of all copies accorded protection +under this Act, except as below provided, shall be printed from type set +within the limits of the United States, either by hand or by the aid of +any kind of type-setting machine, or from plates made within the limits of +the United States from type set therein, or, if the text be produced by +lithographic process, or photo-engraving process, then by a process wholly +performed within the limits of the United States, and the printing of the +text and binding of the said book shall be performed within the limits of +the United States; which requirements shall extend also to the +illustrations within a book consisting of printed text and illustrations +produced by lithographic process, or photo-engraving process, and also to +separate lithographs or photo-engravings, except where in either case the +subjects represented are located in a foreign country and illustrate a +scientific work or reproduce a work of art; but they shall not apply to +works in raised characters for the use of the blind, or to books of +foreign origin in a language or languages other than English, or to books +published abroad in the English language seeking ad interim protection +under this Act.</p> + +<p class="sidenote"> Affidavit of American manufacture<br /> + +Printing and binding of the book<br /> + +Establishment where printing was done<br /> + +Date of publication</p> + +<p><a name="Page_472" id="Page_472"></a><span class="pagenum">[Pg +472]</span><span class="smcap">Sec. 16.</span> That 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 within the limits of the United States from +type set therein; or, if the text be produced by lithographic process, or +photo-engraving process, that such process was wholly performed within the +limits of the United States, and that the printing of the text and binding +of the said book have also been performed within the limits of the United +States. Such affidavit shall state also the place where and the +establishment or establishments in which such type was set or plates were +made or lithographic process, or photo-engraving process or printing and +binding were performed and the date of the completion of the printing of +the book or the date of publication.</p> + +<p class="sidenote">False affidavit, a misdemeanor; fine, $1,000 and +forfeiture of copyright</p> + +<p><span class="smcap">Sec. 17.</span> That any person who, for the +purpose of obtaining registration of a claim to copyright, shall knowingly +make 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.</p> + +<p class="sidenote">Notice of copyright<br /> + +Notice on maps, copies of works of art, photographs, and prints<br /> + +Notice on accessible portion<br /> + +Notice on existing copyright works [See footnote below]</p> + +<p><span class="smcap">Sec. 18.</span> That the notice of copyright<a +name= "fnanchor_2" id= "fnanchor_2"></a><a href= "#footnote_2" class= +"fnanchor">[2]</a> required by section nine of this Act shall consist +either of the word "Copyright" or the abbreviation "Copr." accompanied by +the <a name="Page_473" id="Page_473"></a><span class="pagenum">[Pg +473]</span>name of the copyright proprietor, and if the work be a printed +literary, musical, or dramatic work, the notice shall include also the +year in which the copyright was secured by publication. In the case, +however, of copies of works specified in subsections (f) to (k), +inclusive, of section five of this Act, the notice may consist of the +letter C inclosed within a circle, thus: ©, accompanied by the initials, +monogram, mark, or symbol of the copyright proprietor: <i>Provided</i>, +That on some accessible portion of such copies or of the margin, back, +permanent base, or pedestal, or of the substance on which such copies +shall be mounted, his name shall appear. But in the case of works in which +copyright is subsisting when this Act shall go into effect, the notice of +copyright may be either in one of the forms prescribed herein or in one of +those prescribed by the Act of June eighteenth, eighteen hundred and +seventy-four.</p> + +<p class="sidenote">Notice of copyright on book<br /> + +On periodical<br /> + +One notice in each volume or periodical</p> + +<p><span class="smcap">Sec. 19.</span> That the 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 title-page or upon the first page of text of each separate number +or under the title heading, or if a musical work either upon its +title-page or the first page of music: <i>Provided</i>, That one notice of +copyright in each volume or in each number of a newspaper or periodical +published shall suffice.</p> + +<p class="sidenote">Omission of notice by accident or mistake<br /> + +Innocent infringement</p> + +<p><span class="smcap">Sec. 20.</span> That where the copyright proprietor +has sought to comply with the provisions of this Act with respect to +notice, the omission by accident or mistake of the prescribed notice from +a particular copy or copies shall not invalidate the copyright or prevent +recovery for infringement against any person who, after actual notice of +the copyright, begins an undertaking to infringe it, but shall prevent the +recovery of damages against an innocent infringer, who has been misled by +the omission of the notice; and in a suit for infringement no permanent +injunction shall be had unless the copyright proprietor shall reimburse to +the innocent infringer his reasonable outlay, innocently incurred, if the +court, in its discretion, shall so direct. </p> + +<p class="sidenote"> Book published abroad in the English language<br /> + +Ad interim copyright for 30 days</p> + +<p><a name="Page_474" id="Page_474"></a><span class="pagenum">[Pg +474]</span><span class="smcap">Sec. 21.</span> That in the case of a book +published abroad in the English language before publication in this +country, the deposit in the copyright office, not later than thirty days +after its publication abroad, of one complete copy of the foreign edition, +with a request for the reservation of the copyright and a statement of the +name and nationality of the author and of the copyright proprietor and of +the date of publication of the said book, shall secure to the author or +proprietor an ad interim copyright, which shall have all the force and +effect given to copyright by this Act, and shall endure until the +expiration of thirty days after such deposit in the copyright office.</p> + +<p class="sidenote">Extension to full term<br /> + +Deposit of copies, filing of affidavit</p> + +<p><span class="smcap">Sec. 22.</span> That whenever within the period of +such ad interim protection an authorized edition of such book shall be +published within the United States, in accordance with the manufacturing +provisions specified in section fifteen of this Act, and whenever the +provisions of this Act as to deposit of copies, registration, filing of +affidavit, and the printing of the copyright notice shall have been duly +complied with, the copyright shall be extended to endure in such book for +the full term elsewhere provided in this Act.</p> + +<p class="sidenote">Duration of copyright: 1st term, 28 years<br /> + +Posthumous works, periodicals, cyclopædic or composite works<br /> + +Renewal term 28 years<br /> + +Other copyrighted works, first term 28 years<br /> + +Renewal term 28 years; to author, widow, children, heirs or next of kin<br +/> + +Notice that renewal term is desired<br /> + +Copyright ends in 28 years unless renewed</p> + +<p><span class="smcap">Sec. 23.</span> That the copyright secured by this +Act shall endure for twenty-eight years from the date of first +publication, whether the copyrighted work bears the author's true name or +is published anonymously or under an assumed name: <i>Provided</i>, That +in the case of any posthumous work or of any periodical, cyclopædic, or +other composite work upon which the copyright was originally secured by +the proprietor thereof, or of any work copyrighted by a corporate body +(otherwise than as assignee or licensee of the individual author) or by an +employer for whom such work is made for hire, the proprietor of such +copyright shall be entitled to a renewal and extension of the copyright in +such work for the further term of twenty-eight years when application for +such renewal and extension shall have been made to the copyright office +and duly registered therein within one year prior to the expiration of the +original term of copyright: <i>And provided further</i>, That in the case +of any <a name="Page_475" id="Page_475"></a><span class="pagenum">[Pg +475]</span>other copyrighted work, including a contribution by an +individual author to a periodical or to a cyclopædic or other composite +work when such contribution has been separately registered, the author of +such work, if still living, or the widow, widower, or children of the +author, if the author be not living, or if such author, widow, widower, or +children be not living, then the author's executors, or in the absence of +a will, his next of kin shall be entitled to a renewal and extension of +the copyright in such work for a further term of twenty-eight years when +application for such renewal and extension shall have been made to the +copyright office and duly registered therein within one year prior to the +expiration of the original term of copyright: <i>And provided further</i>, +That in default of the registration of such application for renewal and +extension, the copyright in any work shall determine at the expiration of +twenty-eight years from first publication.</p> + +<p class="sidenote">Extension of subsisting copyrights<br /> + +Proprietor entitled to renewal for composite work<br /> + +Renewal application</p> + +<p><span class="smcap">Sec. 24.</span> That the copyright subsisting in +any work at the time when this Act goes into effect may, at the expiration +of the term provided for under existing law, be renewed and extended by +the author of such work if still living, or the widow, widower, or +children of the author, if the author be not living, or if such author, +widow, widower, or children be not living, then by the author's executors, +or in the absence of a will, his next of kin, for a further period such +that the entire term shall be equal to that secured by this Act, including +the renewal period: <i>Provided, however</i>, That if the work be a +composite work upon which copyright was originally secured by the +proprietor thereof, then such proprietor shall be entitled to the +privilege of renewal and extension granted under this section: +<i>Provided</i>, That application for such renewal and extension shall be +made to the copyright office and duly registered therein within one year +prior to the expiration of the existing term.</p> + +<p class="sidenote">Infringement of copyright</p> + +<p><span class="smcap">Sec. 25.</span> That if any person shall infringe +the copyright in any work protected under the copyright laws of the United +States such person shall be liable:</p> + +<p class="sidenote">Injunction</p> + +<p>(a) To an injunction restraining such infringement;</p> + +<p class="sidenote">Damages<br /> + +Proving sales<br /> + +Newspaper reproduction of photograph; recovery, $50-$200<br /> + +Maximum recovery, $5,000<br /> + +Minimum recovery, $250</p> + +<p>(b) To pay to the copyright proprietor such damages as <a +name="Page_476" id="Page_476"></a><span class="pagenum">[Pg 476]</span>the +copyright proprietor may have suffered due to the infringement, as well as +all the profits which the infringer shall have made from such +infringement, and in proving profits the plaintiff shall be required to +prove sales only and the defendant shall be required to prove every +element of cost which he claims, or in lieu of actual damages and profits +such damages as to the court shall appear to be just, and in assessing +such damages the court may, in its discretion, allow the amounts as +hereinafter stated, but in the case of a newspaper reproduction of a +copyrighted photograph such damages shall not exceed the sum of two +hundred dollars nor be less than the sum of fifty dollars, and such +damages shall in no other case exceed the sum of five thousand dollars nor +be less than the sum of two hundred and fifty dollars, and shall not be +regarded as a penalty:</p> + +<p class="sidenote">Painting, statue, or sculpture, $10 per copy</p> + +<p class="indent"> First. In the case of a painting, statue, or sculpture +ten dollars for every infringing copy made or sold by or found in the +possession of the infringer or his agents or employees;</p> + +<p class="sidenote">Other works, $1 per copy</p> + +<p class="indent">Second. In the case of any work enumerated in section +five of this Act, except a painting, statue, or sculpture, one dollar for +every infringing copy made or sold by or found in the possession of the +infringer or his agents or employees;</p> + +<p class="sidenote">Lectures, $50</p> + +<p class="indent">Third. In the case of a lecture, sermon, or address, +fifty dollars for every infringing delivery;</p> + +<p class="sidenote">Dramatic or musical works, $100 and $50<br /> + +Other musical compositions, $10</p> + +<p class="indent">Fourth. In the case of dramatic or dramatico-musical or +a choral or orchestral composition, one hundred dollars for the first and +fifty dollars for every subsequent infringing performance; in the case of +other musical compositions, ten dollars for every infringing +performance;</p> + +<p class="sidenote">Delivering up infringing articles</p> + +<p>(c) To deliver up on oath, to be impounded during the pendency of the +action, upon such terms and conditions as the court may prescribe, all +articles alleged to infringe a copyright;</p> + +<p class="sidenote">Destruction</p> + +<p>(d) To deliver up on oath for destruction all the infringing copies or +devices, as well as all plates, molds, matrices <a name="Page_477" +id="Page_477"></a><span class="pagenum">[Pg 477]</span>or other means for +making such infringing copies as the court may order;</p> + +<p class="sidenote">Infringement by mechanical instruments<br /> + +Injunction may be granted<br /> + +Recovery of royalty<br /> + +Notice to proprietor of intention to use<br /> + +Damages, three times amount provided<br /> + +Temporary injunction</p> + +<p>(e) Whenever the owner of a musical copyright has used or permitted the +use of the copyrighted work upon the parts of musical instruments serving +to reproduce mechanically the musical work, then in case of infringement +of such copyright by the unauthorized manufacture, use, or sale of +interchangeable parts, such as disks, rolls, bands, or cylinders for use +in mechanical music-producing machines adapted to reproduce the +copyrighted music, no criminal action shall be brought, but in a civil +action an injunction may be granted upon such terms as the court may +impose, and the plaintiff shall be entitled to recover in lieu of profits +and damages a royalty as provided in section one, subsection (e), of this +Act: <i>Provided also</i>, That whenever any person, in the absence of a +license agreement, intends to use a copyrighted musical composition upon +the parts of instruments serving to reproduce mechanically the musical +work, relying upon the compulsory license provision of this Act, he shall +serve notice of such intention, by registered mail, upon the copyright +proprietor at his last address disclosed by the records of the copyright +office, sending to the copyright office a duplicate of such notice; and in +case of his failure so to do the court may, in its discretion, in addition +to sums hereinabove mentioned, award the complainant a further sum, not to +exceed three times the amount provided by section one, subsection (e), by +way of damages, and not as a penalty, and also a temporary injunction +until the full award is paid.</p> + +<p class="sidenote">Rules for practice and procedure</p> + +<p>Rules and regulations for practice and procedure under this section +shall be prescribed by the Supreme Court of the United States.</p> + +<p class="sidenote">Judgment enforcing remedies</p> + +<p><span class="smcap">Sec. 26.</span> That any court given jurisdiction +under section thirty-four of this Act may proceed in any action, suit, or +proceeding instituted for violation of any provision hereof to enter a +judgment or decree enforcing the remedies herein provided.</p> + +<p class="sidenote">Proceedings, injunction, etc., may be united in one +action</p> + +<p><span class="smcap">Sec. 27.</span> That the proceedings for an +injunction, damages, and profits, and those for the seizure of infringing +<a name="Page_478" id="Page_478"></a><span class="pagenum">[Pg +478]</span>copies, plates, molds, matrices, and so forth, aforementioned, +may be united in one action.</p> + +<p class="sidenote">Penalty for willful infringement<br /> + +Oratorios, cantatas, etc. may be performed</p> + +<p><span class="smcap">Sec. 28.</span> That any person who willfully and +for profit shall infringe any copyright secured by this Act, or who shall +knowingly and willfully aid or abet such infringement, shall be deemed +guilty of a misdemeanor, and upon conviction thereof shall be punished by +imprisonment for not exceeding one year or by a fine of not less than one +hundred dollars nor more than one thousand dollars, or both, in the +discretion of the court: <i>Provided, however</i>, That nothing in this +Act shall be so construed as to prevent the performance of religious or +secular works, such as oratorios, cantatas, masses, or octavo choruses by +public schools, church choirs or vocal societies, rented, borrowed, or +obtained from some public library, public school, church choir, school +choir, or vocal society, provided the performance is given for charitable +or educational purposes and not for profit.</p> + +<p class="sidenote">False notice of copyright (penalty for)<br /> + +Fraudulent removal of notice; fine $100-$1,000<br /> + +Issuing, selling, or importing article bearing false notice; fine $100</p> + +<p><span class="smcap">Sec. 29.</span> That any person who, with +fraudulent intent, shall insert or impress any notice of copyright +required by this Act, or words of the same purport, in or upon any +uncopyrighted article, or with fraudulent intent shall remove or alter the +copyright notice upon any article duly copyrighted shall be guilty of a +misdemeanor, punishable by a fine of not less than one hundred dollars and +not more than one thousand dollars. Any person who shall knowingly issue +or sell any article bearing a notice of United States copyright which has +not been copyrighted in this country, or who shall knowingly import any +article bearing such notice or words of the same purport, which has not +been copyrighted in this country, shall be liable to a fine of one hundred +dollars.</p> + +<p class="sidenote">Importation prohibited of articles bearing false +notice and piratical copies</p> + +<p><span class="smcap">Sec. 30.</span> That the importation into the +United States of of any article bearing a false notice of copyright when +there is no existing copyright thereon in the United States, or of any +piratical copies of any work copyrighted in the United States, is +prohibited.</p> + +<p class="sidenote">Prohibition of importation of books<br /> + +Exceptions to prohibition</p> + +<p><span class="smcap">Sec. 31.</span> That during the existence of the +American copyright in any book the importation into the United States of +any piratical copies thereof or of any copies thereof <a name="Page_479" +id="Page_479"></a><span class="pagenum">[Pg 479]</span>(although +authorized by the author or proprietor) which have not been produced in +accordance with the manufacturing provisions specified in section fifteen +of this Act, or any plates of the same not made from type set within the +limits of the United States, or any copies thereof produced by +lithographic or photo-engraving process not performed within the limits of +the United States, in accordance with the provisions of section fifteen of +this Act, shall be, and is hereby, prohibited: <i>Provided, however</i>, +That, except as regards piratical copies, such prohibition shall not +apply:</p> + +<p class="sidenote">Works for the blind</p> + +<p>(a) To works in raised characters for the use of the blind;</p> + +<p class="sidenote">Foreign newspapers or magazines</p> + +<p>(b) To a foreign newspaper or magazine, although containing matter +copyrighted in the United States printed or reprinted by authority of the +copyright proprietor, unless such newspaper or magazine contains also +copyright matter printed or reprinted without such authorization;</p> + +<p class="sidenote">Books in foreign languages</p> + +<p>(c) To the authorized edition of a book in a foreign language or +languages of which only a translation into English has been copyrighted in +this country;</p> + +<p class="sidenote">Importation of authorized foreign books permitted</p> + +<p>(d) To any book published abroad with the authorization of the author +or copyright proprietor when imported under the circumstances stated in +one of the four subdivisions following, that is to say:</p> + +<p class="sidenote">For individual use and not for sale</p> + +<p class="indent">First. When imported, not more than one copy at one +time, for individual use and not for sale; but such privilege of +importation shall not extend to a foreign reprint of a book by an American +author copyrighted in the United States;</p> + +<p class="sidenote">For the use of U. S.</p> + +<p class="indent">Second. When imported by the authority or for the use of +the United States;</p> + +<p class="sidenote">For the use of societies, libraries, etc.</p> + +<p class="indent">Third. When imported, for use and not for sale, not more +than one copy of any such book in any one invoice, in good faith, by or +for any society or institution incorporated for educational, literary, +philosophical, scientific, or religious purposes, or for the encouragement +of the fine arts, or for any college, academy, school, or seminary of +learning, or for any State, school, college, university, or free public +library in the United States;</p> + +<p class="sidenote">Libraries purchased en bloc<br /> + +Books brought personally into U. S.</p> + +<p class="indent"><a name="Page_480" id="Page_480"></a><span +class="pagenum">[Pg 480]</span>Fourth. When such books form parts of +libraries or collections purchased en bloc for the use of societies, +institutions, or libraries designated in the foregoing paragraph, or form +parts of the libraries or personal baggage belonging to persons or +families arriving from foreign countries and are not intended for +sale:</p> + +<p class="sidenote">Imported copies not to be used to violate +copyright</p> + +<p class="indent"><i>Provided</i>, That copies imported as above may not +lawfully be used in any way to violate the rights of the proprietor of the +American copyright or annul or limit the copyright protection secured by +this Act, and such unlawful use shall be deemed an infringement of +copyright.</p> + +<p class="sidenote">Seizure of unlawfully imported copies<br /> + +Copies of authorized books imported may be returned</p> + +<p><span class="smcap">Sec. 32.</span> That any and all articles +prohibited importation by this Act which are brought into the United +States from any foreign country (except in the mails) shall be seized and +forfeited by like proceedings as those provided by law for the seizure and +condemnation of property imported into the United States in violation of +the customs revenue laws. Such articles when forfeited shall be destroyed +in such manner as the Secretary of the Treasury or the court, as the case +may be, shall direct: <i>Provided, however</i>, That all copies of +authorized editions of copyright books imported in the mails or otherwise +in violation of the provisions of this Act may be exported and returned to +the country of export whenever it is shown to the satisfaction of the +Secretary of the Treasury, in a written application, that such importation +does not involve willful negligence or fraud.</p> + +<p class="sidenote">Secretary of Treasury and Postmaster-General to make +rules to prevent unlawful importation</p> + +<p><span class="smcap">Sec. 33.</span> That the Secretary of the Treasury +and the Postmaster-General are hereby empowered and required to make and +enforce such joint rules and regulations as shall prevent the importation +into the United States in the mails of articles prohibited importation by +this Act, and may require notice to be given to the Treasury Department, +or Post Office Department, as the case may be, by copyright proprietors or +injured parties, of the actual or contemplated importation of articles +prohibited importation by this Act, and which infringe the rights of such +copyright proprietors or injured parties. </p> + +<p class="sidenote"> Jurisdiction of courts in copyright cases</p> + +<p><a name="Page_481" id="Page_481"></a><span class="pagenum">[Pg +481]</span><span class="smcap">Sec. 34.</span> That all actions, suits, or +proceedings arising under the copyright laws of the United States shall be +originally cognizable by the circuit courts of the United States, the +district court of any Territory, the supreme court of the District of +Columbia, the district courts of Alaska, Hawaii, and Porto Rico, and the +courts of first instance of the Philippine Islands.</p> + +<p class="sidenote">District in which suit may be brought</p> + +<p><span class="smcap">Sec. 35.</span> That civil actions, suits, or +proceedings arising under this Act may be instituted in the district of +which the defendant or his agent is an inhabitant, or in which he may be +found.</p> + +<p class="sidenote">Injunctions may be granted</p> + +<p><span class="smcap">Sec. 36.</span> That any such court or judge +thereof shall have power, upon bill in equity filed by any party +aggrieved, to grant injunctions to prevent and restrain the violation of +any right secured by said laws, according to the course and principles of +courts of equity, on such terms as said court or judge may deem +reasonable. Any injunction that may be granted restraining and enjoining +the doing of anything forbidden by this Act may be served on the parties +against whom such injunction may be granted anywhere in the United States, +and shall be operative throughout the United States and be enforceable by +proceedings in contempt or otherwise by any other court or judge +possessing jurisdiction of the defendants.</p> + +<p class="sidenote">Certified copy of papers filed</p> + +<p><span class="smcap">Sec. 37.</span> That the clerk of the court, or +judge granting the injunction, shall, when required so to do by the court +hearing the application to enforce said injunction, transmit without delay +to said court a certified copy of all the papers in said cause that are on +file in his office.</p> + +<p class="sidenote">Judgments, etc., may be reviewed on appeal or writ of +error</p> + +<p><span class="smcap">Sec. 38.</span> That the orders, judgments, or +decrees of any court mentioned in section thirty-four of this Act arising +under the copyright laws of the United States may be reviewed on appeal or +writ of error in the manner and to the extent now provided by law for the +review of cases determined in said courts, respectively.</p> + +<p class="sidenote">No criminal proceedings after three years</p> + +<p><span class="smcap">Sec. 39.</span> That no criminal proceeding shall +be maintained under the provisions of this Act unless the same is +commenced within three years after the cause of action arose. </p> + +<p class="sidenote"> Full costs shall be allowed</p> + +<p><a name="Page_482" id="Page_482"></a><span class="pagenum">[Pg +482]</span><span class="smcap">Sec. 40.</span> That in all actions, suits, +or proceedings under this Act, except when brought by or against the +United States or any officer thereof, full costs shall be allowed, and the +court may award to the prevailing party a reasonable attorney's fee as +part of the costs.</p> + +<p class="sidenote">Copyright distinct from property in material object<br +/> + +Transfer of any copy of copyrighted work permitted</p> + +<p><span class="smcap">Sec. 41.</span> That the copyright is distinct from +the property in the material object copyrighted, and the sale or +conveyance, by gift or otherwise, of the material object shall not of +itself constitute a transfer of the copyright, nor shall the assignment of +the copyright constitute a transfer of the title to the material object; +but nothing in this Act shall be deemed to forbid, prevent, or restrict +the transfer of any copy of a copyrighted work the possession of which has +been lawfully obtained.</p> + +<p class="sidenote">Copyright may be assigned, mortgaged, or +bequeathed</p> + +<p><span class="smcap">Sec. 42.</span> That copyright secured under this +or previous Acts of the United States may be assigned, granted, or +mortgaged by an instrument in writing signed by the proprietor of the +copyright, or may be bequeathed by will.</p> + +<p class="sidenote">Assignment executed in foreign country to be +acknowledged</p> + +<p><span class="smcap">Sec. 43.</span> That every assignment of copyright +executed in a foreign country shall be acknowledged by the assignor before +a consular officer or secretary of legation of the United States +authorized by law to administer oaths or perform notarial acts. The +certificate of such acknowledgement under the hand and official seal of +such consular officer or secretary of legation shall be prima facie +evidence of the execution of the instrument.</p> + +<p class="sidenote">Assignments to be recorded</p> + +<p><span class="smcap">Sec. 44.</span> That every assignment of copyright +shall be recorded in the copyright office within three calendar months +after its execution in the United States or within six calendar months +after its execution without the limits of the United States, in default of +which it shall be void as against any subsequent purchaser or mortgagee +for a valuable consideration, without notice, whose assignment has been +duly recorded.</p> + +<p class="sidenote">Register of copyrights to record assignments</p> + +<p><span class="smcap">Sec. 45.</span> That the register of copyright +shall, upon payment of the prescribed fee, record such assignment, and +shall return it to the sender with a certificate of record attached under +seal of the copyright office, and upon the payment of the fee prescribed +by this Act he shall furnish to <a name="Page_483" id="Page_483"></a><span +class="pagenum">[Pg 483]</span>any person requesting the same a certified +copy thereof under the said seal.</p> + +<p class="sidenote">Assignee's name may be substituted in copyright +notice</p> + +<p><span class="smcap">Sec. 46.</span> That when an assignment of the +copyright in a specified book or other work has been recorded the assignee +may substitute his name for that of the assignor in the statutory notice +of copyright prescribed by this Act.</p> + +<p class="sidenote">Copyright records</p> + +<p><span class="smcap">Sec. 47.</span> That all records and other things +relating to copyrights required by law to be preserved shall be kept and +preserved in the copyright office, Library of Congress, District of +Columbia, and shall be under the control of the register of copyrights, +who shall, under the direction and supervision of the Librarian of +Congress, perform all the duties relating to the registration of +copyrights.</p> + +<p class="sidenote">Register of copyrights and assistant register of +copyrights</p> + +<p><span class="smcap">Sec. 48.</span> That there shall be appointed by +the Librarian of Congress a register of copyrights, at a salary of four +thousand dollars per annum, and one assistant register of copyrights, at a +salary of three thousand dollars per annum, who shall have authority +during the absence of the register of copyrights to attach the copyright +office seal to all papers issued from the said office and to sign such +certificates and other papers as may be necessary. There shall also be +appointed by the Librarian such subordinate assistants to the register as +may from time to time be authorized by law.</p> + +<p class="sidenote">Register of copyrights to deposit and account for +fees<br /> + +Shall make monthly report of fees</p> + +<p><span class="smcap">Sec. 49.</span> That the register of copyrights +shall make daily deposits in some bank in the District of Columbia, +designated for this purpose by the Secretary of the Treasury as a national +depository, of all moneys received to be applied as copyright fees, and +shall make weekly deposits with the Secretary of the Treasury, in such +manner as the latter shall direct, of all copyright fees actually applied +under the provisions of this Act, and annual deposits of sums received +which it has not been possible to apply as copyright fees or to return to +the remitters, and shall also make monthly reports to the Secretary of the +Treasury and to the Librarian of Congress of the applied copyright fees +for each calendar month, together with a statement of all remittances +received, trust funds on hand, moneys refunded, and unapplied balances.</p> + +<p class="sidenote"> Bond of register of copyrights</p> + +<p><a name="Page_484" id="Page_484"></a><span class="pagenum">[Pg +484]</span><span class="smcap">Sec. 50.</span> That the register of +copyrights shall give bond to the United States in the sum of twenty +thousand dollars, in form to be approved by the Solicitor of the Treasury +and with sureties satisfactory to the Secretary of the Treasury, for the +faithful discharge of his duties.</p> + +<p class="sidenote">Annual report of register of copyrights</p> + +<p><span class="smcap">Sec. 51.</span> That the register of copyrights +shall make an annual report to the Librarian of Congress, to be printed in +the annual report on the Library of Congress, of all copyright business +for the previous fiscal year, including the number and kind of works which +have been deposited in the copyright office during the fiscal year, under +the provisions of this Act.</p> + +<p class="sidenote">Seal of copyright office</p> + +<p><span class="smcap">Sec. 52.</span> That the seal provided under the +Act of July eighth, eighteen hundred and seventy, and at present used in +the copyright office, shall continue to be the seal thereof, and by it all +papers issued from the copyright office requiring authentication shall be +authenticated.</p> + +<p class="sidenote">Rules for the registration of copyrights</p> + +<p><span class="smcap">Sec. 53.</span> That, subject to the approval of +the Librarian of Congress, the register of copyrights shall be authorized +to make rules and regulations for the registration of claims to copyright +as provided by this Act.</p> + +<p class="sidenote">Record books<br /> + +Entry of copyright</p> + +<p><span class="smcap">Sec. 54.</span> That the register of copyrights +shall provide and keep such record books in the copyright office as are +required to carry out the provisions of this Act, and whenever deposit has +been made in the copyright office of a copy of any work under the +provisions of this Act he shall make entry thereof.</p> + +<p class="sidenote">Certificate of registration<br /> + +Certificate for book to state receipt of affidavit<br /> + +Certificate may be given to any person<br /> + +Receipt for copies deposited</p> + +<p><span class="smcap">Sec. 55.</span> That in the case of each entry the +person recorded as the claimant of the copyright shall be entitled to a +certificate of registration under seal of the copyright office, to contain +his name and address, the title of the work upon which copyright is +claimed, the date of the deposit of the copies of such work, and such +marks as to class designation and entry number as shall fully identify the +entry. In the case of a book the certificate shall also state the receipt +of the affidavit as provided by section sixteen of this Act, and the date +of the completion of the printing, or the date of the publication of the +book, as stated in the said affidavit. The register of copyrights shall +prepare a printed <a name="Page_485" id="Page_485"></a><span +class="pagenum">[Pg 485]</span>form for the said certificate, to be filled +out in each case as above provided for, which certificate, sealed with the +seal of the copyright office, shall, upon payment of the prescribed fee, +be given to any person making application for the same, and the said +certificate shall be admitted in any court as prima facie evidence of the +facts stated therein. In addition to such certificate the register of +copyrights shall furnish, upon request, without additional fee, a receipt +for the copies of the work deposited to complete the registration.</p> + +<p class="sidenote">Index to copyright registrations<br /> + +Catalogue of copyright entries<br /> + +Catalogue cards<br /> + +Catalogues and indexes prima facie evidence</p> + +<p><span class="smcap">Sec. 56.</span> That the register of copyrights +shall fully index all copyright registrations and assignments and shall +print at periodic intervals a catalogue of the titles of articles +deposited and registered for copyright, together with suitable indexes, +and at stated intervals shall print complete and indexed catalogues for +each class of copyright entries, and may thereupon, if expedient, destroy +the original manuscript catalogue cards containing the titles included in +such printed volumes and representing the entries made during such +intervals. The current catalogues of copyright entries and the index +volumes herein provided for shall be admitted in any court as prima facie +evidence of the facts stated therein as regards any copyright +registration.</p> + +<p class="sidenote">Distribution of catalogue of copyright entries<br /> + +Subscription price<br /> + +Superintendent of Documents to receive subscriptions</p> + +<p><span class="smcap">Sec. 57.</span> That the said printed current +catalogues as they are issued shall be promptly distributed by the +copyright office to the collectors of customs of the United States and to +the postmasters of all exchange offices of receipt of foreign mails, in +accordance with revised lists of such collectors of customs and +postmasters prepared by the Secretary of the Treasury and the +Postmaster-General, and they shall also be furnished to all parties +desiring them at a price to be determined by the register of copyrights, +not exceeding five dollars per annum for the complete catalogue of +copyright entries and not exceeding one dollar per annum for the +catalogues issued during the year for any one class of subjects. The +consolidated catalogues and indexes shall also be supplied to all persons +ordering them at such prices as may be determined to be reasonable, and +all subscriptions<a name="Page_486" id="Page_486"></a><span +class="pagenum">[Pg 486]</span>for the catalogues shall be received by the +Superintendent of Public Documents, who shall forward the said +publications; and the moneys thus received shall be paid into the Treasury +of the United States and accounted for under such laws and Treasury +regulations as shall be in force at the time.</p> + +<p class="sidenote">Record books, etc., open to inspection<br /> + +Copies may be taken of entries in record books</p> + +<p><span class="smcap">Sec. 58.</span> That the record books of the +copyright office, together with the indexes to such record books, and all +works deposited and retained in the copyright office, shall be open to +public inspection; and copies may be taken of the copyright entries +actually made in such record books, subject to such safeguards and +regulations as shall be prescribed by the register of copyrights and +approved by the Librarian of Congress.</p> + +<p class="sidenote">Disposition of copyright deposits<br /> + +Preservation of copyright deposits</p> + +<p><span class="smcap">Sec. 59.</span> That of the articles deposited in +the copyright office under the provisions of the copyright laws of the +United States or of this Act, the Librarian of Congress shall determine +what books and other articles shall be transferred to the permanent +collections of the Library of Congress, including the law library, and +what other books or articles shall be placed in the reserve collections of +the Library of Congress for sale or exchange, or be transferred to other +governmental libraries in the District of Columbia for use therein.</p> + +<p class="sidenote">Disposal of copyright deposits</p> + +<p class="sidenote"> Manuscript copies to be preserved</p> + +<p><span class="smcap">Sec. 60.</span> That of any articles undisposed of +as above provided, together with all titles and correspondence relating +thereto, the Librarian of Congress and the register of copyrights jointly +shall, at suitable intervals, determine what of these received during any +period of years it is desirable or useful to preserve in the permanent +files of the copyright office, and, after due notice as hereinafter +provided, may within their discretion cause the remaining articles and +other things to be destroyed: <i>Provided</i>, That there shall be printed +in the Catalogue of Copyright Entries from February to November, +inclusive, a statement of the years of receipt of such articles and a +notice to permit any author, copyright proprietor, or other lawful +claimant to claim and remove before the expiration of the month of +December of that year anything found which +<a name="Page_487" id="Page_487"></a><span class="pagenum">[Pg +487]</span>relates to any of his productions deposited or registered for +copyright within the period of years stated, not reserved or disposed of +as provided for in this Act: <i>And provided further</i>, That no +manuscript of an unpublished work shall be destroyed during its term of +copyright without specific notice to the copyright proprietor of record, +permitting him to claim and remove it.</p> + +<p class="sidenote">Fees<br /> + +Fee for registration<br /> + +Fee for certificate<br /> + +Fee for recording assignment<br /> + +Fee for copy of assignment<br /> + +Fee for recording notice of user<br /> + +Fee for comparing assignment<br /> + +Fee for recording renewal<br /> + +Fee for recording transfer<br /> + +Fee for search<br /> + +<a name="Page_488" id="Page_488"></a><span class="pagenum">[Pg 488]</span> +Only one registration required</p> + +<p><span class="smcap">Sec. 61.</span> That the register of copyrights +shall receive, and the persons to whom the services designated are +rendered shall pay, the following fees: For the registration of any work +subject to copyright, deposited under the provisions of this Act, one +dollar, which sum is to include a certificate of registration under seal: +<i>Provided</i>, That in the case of photographs the fee shall be fifty +cents where a certificate is not demanded. For every additional +certificate of registration made, fifty cents. For recording and +certifying any instrument of writing for the assignment of copyright, or +any such license specified in section one, subsection (e), or for any copy +of such assignment or license, duly certified, if not over three hundred +words in length, one dollar; if more than three hundred and less than one +thousand words in length, two dollars; if more than one thousand words in +length, one dollar additional for each one thousand words or fraction +thereof over three hundred words. For recording the notice of user or +acquiescence specified in section one, subsection (e), twenty-five cents +for each notice if not over fifty words, and an additional twenty-five +cents for each additional one hundred words. For comparing any copy of an +assignment with the record of such document in the copyright office and +certifying the same under seal, one dollar. For recording the extension or +renewal of copyright provided for in sections twenty-three and twenty-four +of this Act, fifty cents. For recording the transfer of the proprietorship +of copyrighted articles, ten cents for each title of a book or other +article, in addition to the fee prescribed for recording the instrument of +assignment. For any requested search of copyright office records, indexes, +or deposits, fifty cents for each full hour of time consumed in making +such search: <i>Provided</i>, That only one registration at one fee shall +be required in the case of several volumes of the same book deposited at +the same time.</p> + +<p class="sidenote">Definitions: "date of publication"<br /> + +"Author"</p> + +<p><span class="smcap">Sec. 62.</span> That in the interpretation and +construction of this Act "the date of publication" shall in the case of a +work of which copies are reproduced for sale or distribution be held to be +the earliest date when copies of the first authorized edition were placed +on sale, sold, or publicly distributed by the proprietor of the copyright +or under his authority, and the word "author" shall include an employer in +the case of works made for hire.</p> + +<p class="sidenote">Repealing clause</p> + +<p><span class="smcap">Sec. 63.</span> That all laws or parts of laws in +conflict with the provisions of this Act are hereby repealed, but nothing +in this Act shall effect causes of action for infringement of copyright +heretofore committed now pending in courts of the United States, or which +may hereafter be instituted; but such causes shall be prosecuted to a +conclusion in the manner heretofore provided by law.</p> + +<p class="sidenote">Date of enforcement</p> + +<p><span class="smcap">Sec. 64.</span> That this Act shall go into effect +on the first day of July, nineteen hundred and nine.</p> + +<p class="indent"><span class="smcap">Approved, March 4, 1909.</span></p> + +<p class="p2 footnote"> <a name="footnote_2" id="footnote_2"></a> +<a href="#fnanchor_2">[2]</a> The Act of June 18, 1874, provides that the +notice of copyright to be inscribed on each copy of a copyrighted work +shall consist of the following words:</p> + +<p class="footnote">"Entered according to act of Congress, in the year +____, by A. B., in the office of the Librarian of Congress, at +Washington"; or, ... 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, 18__ by A. B."</p> + +<p class="p4"><a name="Page_489" id="Page_489"></a><span +class="pagenum">[Pg 489]</span></p> + +<h3>2. PRESIDENT'S PROCLAMATIONS</h3> + +<p class="center"><span class="smcap">By the President of the United +States of America</span><br /> + +<span class="smcap">a Proclamation</span></p> + +<p>Whereas it is provided by the act of Congress of March 4, 1909, +entitled "An act to amend and consolidate the acts respecting copyright," +that the benefits of said act, excepting the benefits under section 1 +(<i>e</i>) thereof, as to which special conditions are imposed, shall +extend to the work of an author or proprietor who is a citizen or subject +of a foreign state or nation, only upon certain conditions set forth in +section 8 of said act, to wit:</p> + +<p>(<i>a</i>) When an alien author or proprietor shall be domiciled within +the United States at the time of the first publication of his work: or</p> + +<p>(<i>b</i>) 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 by treaty; 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:</p> + +<p>And whereas it is also provided by said section that "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":</p> + +<p>And whereas satisfactory evidence has been received that in Austria, +Belgium, Chile, Costa Rica, Cuba, Denmark, France, Germany, Great Britain +and her possessions, Italy, Mexico, the Netherlands and possessions, +Norway, Portugal, Spain, and Switzerland the law permits <a +name="Page_490" id="Page_490"></a><span class="pagenum">[Pg 490]</span>and +since July 1, 1909, has permitted to citizens of the United States the +benefit of copyright on substantially the same basis as to citizens of +those countries:</p> + +<p>Now, therefore, I, William Howard Taft, President of the United States +of America, do declare and proclaim that one of the alternative conditions +specified in section 8, of the act of March 4, 1909, is now fulfilled, and +since July 1, 1909, has continuously been fulfilled, in respect to the +citizens or subjects of Austria, Belgium, Chile, Costa Rica, Cuba, +Denmark, France, Germany, Great Britain and her possessions, Italy, +Mexico, the Netherlands and possessions, Norway, Portugal, Spain, and +Switzerland, and that the citizens or subjects of the aforementioned +countries are and since July 1, 1909, have been entitled to all the +benefits of the said act other than the benefits under section 1 +(<i>e</i>) thereof, as to which the inquiry is still pending.</p> + +<p>In testimony whereof, I have hereunto set my hand and caused the seal +of the United States to be affixed.</p> + +<p class="justl">[<span class="smcap">seal</span>.] </p> <p +class="indent">Done at the city of Washington this ninth day of April, in +the year of our Lord one thousand nine hundred and ten, and of the +Independence of the United States of America the one hundred and +thirty-fourth.</p> + +<p class="quotesig"><span class="smcap">Wm. H. Taft.</span></p> + +<p class="indenta">By the President:</p> + +<p class="indentb"><span class="smcap">P. C. Knox,</span></p> + +<p class="indentc"><i>Secretary of State</i></p> + +<p>Luxemburg was added by proclamation of June 29, 1910, and Sweden, May +26, 1911, to go into effect June 1, 1911.</p> + +<p>A proclamation accepting reciprocal relations with Germany as to +mechanical music reproductions was issued December 8, 1910. Similar +proclamations under date of June 14, 1911, covered Belgium, Luxemburg and +Norway.</p> + +<p class="p4"><a name="Page_491" id="Page_491"></a><span +class="pagenum">[Pg 491]</span></p> + +<h3>3. UNITED STATES SUPREME COURT RULES</h3> + +<p><span class="smcap">Rules adopted by the Supreme Court of the United +States for Practice and Procedure under Section 25 of an Act to amend and +consolidate the Acts respecting Copyright, approved March 4, 1909. To go +into effect July 1, 1909.</span></p> + +<p>1. The existing rules of equity practice, so far as they may be +applicable, shall be enforced in proceedings instituted under section +twenty-five (25) of the act of March fourth, nineteen hundred and nine, +entitled "An act to amend and consolidate the acts respecting +copyright."</p> + +<p>2. A copy of the alleged infringement of copyright, if actually made, +and a copy of the work alleged to be infringed, should accompany the +petition, or its absence be explained; except in cases of alleged +infringement by the public performance of dramatic and dramatico-musical +compositions, the delivery of lectures, sermons, addresses, and so forth, +the infringement of copyright upon sculptures and other similar works and +in any case where it is not feasible.</p> + +<p>3. Upon the institution of any action, suit, or proceeding, or at any +time thereafter, and before the entry of final judgment or decree therein, +the plaintiff or complainant, or his authorized agent or attorney, may +file with the clerk of any court given jurisdiction under section 34 of +the act of March 4, 1909, an affidavit stating upon the best of his +knowledge, information, and belief, the number and location, as near as +may be, of the alleged infringing copies, records, plates, molds, +matrices, etc., or other means for making the copies alleged to infringe +the copyright, and the value of the same, and with such affidavit shall +file with the clerk a bond executed by at least two sureties and approved +by the court or a commissioner thereof.</p> + +<p><a name="Page_492" id="Page_492"></a><span class="pagenum">[Pg +492]</span> 4. Such bond shall bind the sureties in a specified sum, to be +fixed by the court, but not less than twice the reasonable value of such +infringing copies, plates, records, molds, matrices, or other means for +making such infringing copies, and be conditioned for the prompt +prosecution of the action, suit or proceeding; for the return of said +articles to the defendant, if they or any of them are adjudged not to be +infringements, or if the action abates, or is discontinued before they are +returned to the defendant; and for the payment to the defendant of any +damages which the court may award to him against the plaintiff or +complainant. Upon the filing of said affidavit and bond, and the approval +of said bond, the clerk shall issue a writ directed to the marshal of the +district where the said infringing copies, plates, records, molds, +matrices, etc., or other means of making such infringing copies shall be +stated in said affidavit to be located, and generally to any marshal of +the United States, directing the said marshal to forthwith seize and hold +the same subject to the order of the court issuing said writ, or of the +court of the district in which the seizure shall be made.</p> + +<p>5. The marshal shall thereupon seize said articles or any smaller or +larger part thereof he may then or thereafter find, using such force as +may be reasonably necessary in the premises, and serve on the defendant a +copy of the affidavit, writ, and bond by delivering the same to him +personally, if he can be found within the district, of if he can not be +found, to his agent, if any, or to the person from whose possession the +articles are taken, or if the owner, agent, or such person can not be +found within the district by leaving said copy at the usual place of abode +of such owner or agent with a person of suitable age and discretion, or at +the place where said articles are found, and shall make immediate return +of such seizure, or attempted seizure, to the court. He shall also attach +to said articles a tag or label stating the fact of such seizure and +warning all persons from in any manner interfering therewith.</p> + +<p><a name="Page_493" id="Page_493"></a><span class="pagenum">[Pg +493]</span> 6. A marshal who has seized alleged infringing articles, shall +retain them in his possession, keeping them in a secure place, subject to +the order of the court.</p> + +<p>7. Within three days after the articles are seized, and a copy of the +affidavit, writ and bond are served as hereinbefore provided, the +defendant shall serve upon the clerk a notice that he excepts to the +amount of the penalty of the bond, or to the sureties of the plaintiff or +complainant, or both, otherwise he shall be deemed to have waived all +objection to the amount of the penalty of the bond and the sufficiency of +the sureties thereon. If the court sustain the exceptions it may order a +new bond to be executed by the plaintiff or complainant, or in default +thereof within a time to be named by the court, the property to be +returned to the defendant.</p> + +<p>8. Within ten days after service of such notice, the attorney of the +plaintiff or complainant shall serve upon the defendant or his attorney a +notice of the justification of the sureties, and said sureties shall +justify before the court or a judge thereof at the time therein +stated.</p> + +<p>9. The defendant, if he does not except to the amount of the penalty of +the bond or the sufficiency of the sureties of the plaintiff or +complainant, may make application to the court for the return to him of +the articles seized, upon filing an affidavit stating all material facts +and circumstances tending to show that the articles seized are not +infringing copies, records, plates, molds, matrices, or means for making +the copies alleged to infringe the copyright.</p> + +<p>10. Thereupon the court in its discretion, and after such hearing as it +may direct, may order such return upon the filing by the defendant of a +bond executed by at least two sureties, binding them in a specified sum to +be fixed in the discretion of the court, and conditioned for the delivery +of said specified articles to abide the order of the court. The <a +name="Page_494" id="Page_494"></a><span class="pagenum">[Pg +494]</span>plaintiff or complainant may require such sureties to justify +within ten days of the filing of such bond.</p> + +<p>11. Upon the granting of such application and the justification of the +sureties on the bond, the marshal shall immediately deliver the articles +seized to the defendant.</p> + +<p>12. Any service required to be performed by any marshal may be +performed by any deputy of such marshal.</p> + +<p>13. For services in cases arising under this section, the marshal shall +be entitled to the same fees as are allowed for similar services in other +cases.</p> + +<p class="p4"><a name="Page_495" id="Page_495"></a><span +class="pagenum">[Pg 495]</span></p> + +<h3>4. UNITED STATES COPYRIGHT OFFICE<br /> REGULATIONS</h3> + +<p class="center"><span class="smcap">Rules and Regulations for the +Registration of Claims to Copyright</span></p> + +<p class="sidenote">Copyright under act</p> + +<p>1. Copyright under the act of Congress entitled: "An act to amend and +consolidate the acts respecting copyright," approved March 4, 1909, is +ordinarily secured by printing and publishing a copyrightable work with a +notice of claim in the form prescribed by the statute. Registration can +only be made <i>after</i> such publication, but the statute expressly +provides, in certain cases, for registration of manuscript works.</p> + +<p class="center p2">WHO MAY SECURE COPYRIGHT</p> + +<p class="sidenote">Persons entitled to copyright</p> + +<p>2. The persons entitled by the act to copyright protection for their +works are:</p> + +<p>(1) The <i>author</i> of the work, if he is:</p> + +<p>(<i>a</i>) A citizen of the United States, or</p> + +<p>(<i>b</i>) A resident alien domiciled in the United States at the time +of the first publication of his work, or</p> + +<p>(<i>c</i>) A citizen or subject of any country which 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. The existence of reciprocal copyright conditions is determined +by presidential proclamation.</p> + +<p>(2) The <i>proprietor</i> of a work. The word "proprietor" is here used +to indicate a person who derives his title to the work from the author. +If the author of the work should be a person who could not himself claim +the benefit of the copyright act, the proprietor can not claim it.</p> + +<p>(3) The <i>executors</i>, <i>administrators</i> or <i>assigns</i> of +the above-mentioned author or proprietor.</p> + +<p class="sidenote">Copyright registration</p> + +<p>3. After the publication of any work entitled to copyright, the +claimant of copyright should register this claim in the Copyright Office. +An action for infringement of <a name="Page_496" id="Page_496"></a><span +class="pagenum">[Pg 496]</span>copyright can not be maintained in court +until the provisions with respect to the deposit of copies and +registration of such work shall have been complied with.</p> + +<p>A certificate of registration is issued to the applicant and duplicates +thereof may be obtained on payment of the statutory fee of 50 cents.</p> + +<p class="p2 center">SUBJECT-MATTER OF COPYRIGHT</p> + +<p class="sidenote">Works subject to copyright</p> + +<p>4. The act provides that no copyright shall subsist in the original +text of any work published prior to July 1, 1909, which has not been +already copyrighted in the United States (sec. 7).</p> + +<p>Section 5 of the act divides the works for which copyright may be +secured into eleven classes, as follows:</p> + +<p>(<i>a</i>) <i>Books.</i>—This term includes all printed literary +works (except dramatic compositions) whether published in the ordinary +shape of a book or pamphlet, or printed as a leaflet, card, or single +page. The term "book" as used in the law includes tabulated forms of +information, frequently called charts; tables of figures showing the +results of mathematical computations, such as logarithmic tables, +interest, cost, and wage tables, etc.; single poems, and the words of a +song when printed and published without music; librettos; descriptions of +moving pictures or spectacles; encyclopædias; catalogues; directories; +gazetteers and similar compilations; circulars or folders containing +information in the form of reading matter other than mere lists of +articles, names and addresses, and literary contributions to periodicals +or newspapers.</p> + +<p class="sidenote">Blank books, etc., not copyrightable</p> + +<p>5. The term "book" can not be applied to—</p> + +<p>Blank books for use in business or in carrying out any system of +transacting affairs, such as record books, account books, memorandum +books, diaries or journals, bank deposit and check books; forms of +contracts or leases which do not contain original copyrightable matter; +coupons; forms for use in commercial, legal, or financial transactions, +which are wholly or partly blank and whose value lies in their usefulness +and not in their merit as literary compositions.</p> + +<p>Directions on scales, or dials, or mathematical or other <a +name="Page_497" id="Page_497"></a><span class="pagenum">[Pg +497]</span>instruments; puzzles; games; rebuses; labels; wrappers; formulæ +on boxes, bottles, and other receptacles of articles for sale or meant to +accompany such articles.</p> + +<p>Advertisements or catalogues which merely set forth the names, prices, +and places where articles are for sale.</p> + +<p>Prefaces or other introductory matter to works not themselves entitled +to copyright protection, such as blank books.</p> + +<p>Calendars are not capable of registration as such, but if they contain +copyrightable reading matter or pictures they may be registered either as +"books" or as "prints" according to the nature of the copyrightable +matter.</p> + +<p class="sidenote">Periodicals</p> + +<p>6. (<i>b</i>) <i>Periodicals.</i>—This term includes newspapers, +magazines, reviews, and serial publications appearing oftener than once a +year; bulletins or proceedings of societies, etc., which appear regularly +at intervals of less than a year; and, generally, periodical publications +which would be registered as second class matter at the post office.</p> + +<p class="sidenote">Lectures, etc.</p> + +<p>7. (<i>c</i>) <i>Lectures</i>, <i>sermons</i>, <i>addresses</i>, or +similar productions, prepared for oral delivery.</p> + +<p class="sidenote">Dramatic compositions, etc.</p> + +<p>8. (<i>d</i>) <i>Dramatic and dramatico-musical compositions</i>, such +as dramas, comedies, operas, operettas and similar works.</p> + +<p>The designation "dramatic composition" does not include the following: +Dances, ballets, or other choregraphic works; tableaux and moving picture +shows; stage settings or mechanical devices by which dramatic effects are +produced, or "stage business"; animal shows, sleight-of-hand performances, +acrobatic or circus tricks of any kind; descriptions of moving pictures or +of settings for the production of moving pictures. (These, however, when +printed and published, are registrable as "books.")</p> + +<p class="sidenote">Dramatico-musical compositions, etc.</p> + +<p>9. <i>Dramatico-musical compositions</i> include principally operas, +operettas, and musical comedies, or similar productions which are to be +acted as well as sung.</p> + +<p class="sidenote">Songs separately published</p> + +<p>Ordinary songs, even when intended to be sung from the stage in a +dramatic manner, or separately published songs from operas and operettas, +should be registered as musical compositions, not dramatico-musical +compositions. </p> + +<p class="sidenote"> Musical compositions</p> + +<p><a name="Page_498" id="Page_498"></a><span class="pagenum">[Pg +498]</span>10. (<i>e</i>) <i>Musical compositions</i>, including other +vocal and all instrumental compositions, with or without words.</p> + +<p>But when the text is printed alone it should be registered as a "book," +not as a "musical composition."</p> + +<p>"Adaptations" and "arrangements" may be registered as "new works" under +the provisions of section 6. Mere transpositions into different keys are +not expressly provided for in the copyright act; but if published with +copyright notice and copies are deposited with application, registration +will be made.</p> + +<p class="sidenote">Maps</p> + +<p>11. (<i>f</i>) <i>Maps.</i>—This term includes all cartographical +works, such as terrestrial maps, plats, marine charts, star maps, but not +diagrams, astrological charts, landscapes, or drawings of imaginary +regions which do not have a real existence.</p> + +<p class="sidenote">Works of art</p> + +<p>12. (<i>g</i>) <i>Works of art.</i>—This term includes all works +belonging fairly to the so-called fine arts. (Paintings, drawings, and +sculpture.)</p> + +<p>Productions of the industrial arts utilitarian in purpose and character +are not subject to copyright registration, even if artistically made or +ornamented.</p> + +<p class="sidenote">Toys, games, etc.</p> + +<p>No copyright exists in toys, games, dolls, advertising novelties, +instruments or tools of any kind, glassware, embroideries, garments, +laces, woven fabrics, or any similar articles.</p> + +<p class="sidenote">Reproductions of works of art</p> + +<p>13. (<i>h</i>) <i>Reproductions of works of art.</i>—This term +refers to such reproductions (engravings, woodcuts, etchings, casts, etc.) +as contain in themselves an artistic element distinct from that of the +original work of art which has been reproduced.</p> + +<p class="sidenote">Drawings or plastic works</p> + +<p>14. (<i>i</i>) <i>Drawings or plastic works of a scientific or +technical character.</i>—This term includes diagrams or models +illustrating scientific or technical works, architects' plans, designs for +engineering work, etc.</p> + +<p class="sidenote">Photographs</p> + +<p>15. (<i>j</i>) <i>Photographs.</i>—This term covers all positive +prints from photographic negatives, including those from moving picture +films (the entire series being counted as a single photograph), but not +photogravures, half tones, and other photo-engravings. </p> + +<p class="sidenote"> Prints and pictorial illustrations</p> + +<p><a name="Page_499" id="Page_499"></a><span class="pagenum">[Pg +499]</span>16. (<i>k</i>) <i>Prints and pictorial +illustrations.</i>—This term comprises all printed pictures not +included in the various other classes enumerated above.</p> + +<p class="sidenote">Articles for use not copyrightable</p> + +<p>Articles of utilitarian purpose do not become capable of copyright +registration because they consist in part of pictures which in themselves +are copyrightable, e. g., puzzles, games, rebuses, badges, buttons, +buckles, pins, novelties of every description, or similar articles.</p> + +<p>Postal cards can not be copyrighted as such. The pictures thereon may +be registered as "prints or pictorial illustrations" or as "photographs." +Text matter on a postal card may be of such a character that it may be +registered as a "book."</p> + +<p>Mere ornamental scrolls, combinations of lines and colors, decorative +borders, and similar designs, or ornamental letters or forms of type are +not included in the designation "prints and pictorial illustrations." +Trademarks can not be copyrighted nor registered in the Copyright +Office.</p> + +<p class="center p2">HOW TO SECURE REGISTRATION</p> + +<p class="sidenote">Registrable works</p> + +<p>17. Copyright registration may be secured for:</p> + +<p>(1) Unpublished works.</p> + +<p>(2) Published works.</p> + +<p class="center p2">UNPUBLISHED WORKS</p> + +<p><i>Unpublished works</i> are such as have not at the time of +registration been printed or reproduced in copies for sale, or been +publicly distributed. They include: (<i>a</i>) Lectures, sermons, +addresses, or similar productions for oral delivery; (<i>b</i>) dramatic +and musical compositions; (<i>c</i>) photographic prints; (<i>d</i>) works +of art (paintings, drawings, and sculpture), and (<i>e</i>) plastic +works.</p> + +<p>In order to secure copyright in such unpublished works, the following +steps are necessary:</p> + +<p class="sidenote">Registration of unpublished works</p> + +<p>18. (1) In the case of lectures, sermons, addresses, and dramatic and +musical compositions, deposit one typewritten or manuscript copy of the +work.</p> + +<p>This copy should be in convenient form, clean and legible, <a +name="Page_500" id="Page_500"></a><span class="pagenum">[Pg 500]</span>the +leaves securely fastened together, and should bear the title of the work +corresponding to that given in the application.</p> + +<p>The entire work in each case should be deposited. It is not sufficient +to deposit a mere outline or epitome, or, in the case of a play, a mere +scenario or a scenario with the synopsis of the dialogue.</p> + +<p class="sidenote">Unpublished photograph</p> + +<p>19. (2) In the case of photographs, deposit one copy of a positive +print of the work. (Photo-engravings or photogravures are not photographs +within the meaning of this provision.)</p> + +<p class="sidenote">Photograph of work of art</p> + +<p>20. (3) In the case of works of art, models or designs for works of +art, or drawings or plastic works of a scientific or technical character, +deposit a photographic reproduction.</p> + +<p>In each case the deposited article should be accompanied by an +application for registration and a money order for the amount of the +statutory fee.</p> + +<p class="sidenote">Reproduction of unpublished work</p> + +<p>21. Any work which has been registered as an unpublished work, if +reproduced in copies for sale or distribution, must be deposited a second +time (two copies, accompanied by an application for registration and the +statutory fee) in the same manner as is required in the case of works +published in the first place.</p> + +<p class="p2 center">PUBLISHED WORKS</p> + +<p class="center"><span class="smaller">DEPOSIT OF COPIES</span></p> + +<p class="sidenote">Deposit of copies</p> + +<p>22. After publication of the work with the copyright notice inscribed, +two <i>complete</i> copies of the best edition of the work must be sent to +the Copyright Office, with a proper application for registration correctly +filled out and a money order for the amount of the legal fee.</p> + +<p>The statute requires that the deposit of the copyright work shall be +made "promptly," which has been defined as "without unnecessary delay." It +is not essential, however, that the deposit be made on the very day of +publication.</p> + +<p class="sidenote">Definition of "published work"</p> + +<p>23. Published works are such as are printed or otherwise <a +name="Page_501" id="Page_501"></a><span class="pagenum">[Pg +501]</span>produced and "placed on sale, sold, or publicly distributed" +(<i>i. e.</i>, so that all persons who desire copies may obtain them +without restriction or condition other than that imposed by the copyright +law). Representation on the stage of a play is not a publication of it, +nor is the public performance of a musical composition publication. Works +intended for sale or general distribution must first be printed with the +statutory form of copyright notice inscribed on every copy intended to be +circulated.</p> + +<p class="p2 center">NOTICE OF COPYRIGHT</p> + +<p class="sidenote">Form of notice</p> + +<p>24. The ordinary form of copyright notice for books, periodicals, +dramatic and musical compositions is "Copyright, 19__ (the year of +publication), by A. B. (the name of the claimant)." The name of the +claimant printed in the notice should be the real name of a living person, +or his trade name if he always uses one (but not a pseudonym or pen-name), +or the name of the firm or corporation claiming to own the copyright. The +copyright notice should not be printed in the name of one person <i>for +the benefit of another</i>. The beneficiary's name should be printed in +such cases.</p> + +<p class="sidenote">Short form of notice</p> + +<p>25. In the case of maps, photographs, reproductions of works of art, +prints or pictorial illustrations, works of art, models or designs for +works of art, and plastic works of a scientific or technical character, +the notice may consist of the letter C, inclosed within a circle, thus ©, +accompanied with the initials, monogram, mark, or symbol of the copyright +proprietor. But in such cases the name itself of the copyright proprietor +must appear on some accessible portion of the work, or on the mount of the +picture or map, or on the margin, back, or permanent base or pedestal of +the work.</p> + +<p class="sidenote">Notice upon each copy</p> + +<p>26. The prescribed notice must be affixed to each copy of the work +published or offered for sale in the United States. But no notice is +required in the case of foreign books printed abroad seeking <i>ad +interim</i> protection in the United States, as provided in section 21 of +the copyright act.</p> + +<p class="p2 center"><a name="Page_502" id="Page_502"></a><span +class="pagenum">[Pg 502]</span>AMERICAN MANUFACTURE OF COPYRIGHT BOOKS</p> + +<p class="sidenote">Works produced in United States</p> + +<p>27. The following works must be manufactured in the United States in +order to secure copyright:</p> + +<p>(<i>a</i>) All "books" in the English language and books in any +language by a citizen or domiciled resident of the United States must be +printed from type set within the limits of the United States, either by +hand or by the aid of any kind of type-setting machine, or from plates +made within the limits of the United States from type set therein or, if +the text of such books be produced by lithographic process or +photo-engraving process, then by a process wholly performed within the +limits of the United States; and the printing of the text and binding of +the book must be performed within the limits of the United States.</p> + +<p>(<i>b</i>) All <i>illustrations</i> within a book produced by +lithographic process or photo-engraving process and all <i>separate +lithographs</i> or <i>photo-engravings</i> must be produced by +lithographic or photo-engraving process wholly performed within the limits +of the United States, except when the subjects represented in such +illustrations in a book or such separate lithographs or photo-engravings +"are located in a foreign country and illustrate a scientific work or +reproduce a work of art."</p> + +<p class="sidenote">Books by foreign authors</p> + +<p>28. Books by foreign authors in any language other than English are not +required to be printed in the United States.</p> + +<p class="sidenote">Books printed abroad</p> + +<p>In the case of books printed abroad in the English language an <i>ad +interim</i> term of copyright of thirty days from registration made in the +Copyright Office within thirty days after publication abroad may be +secured; but in order to extend the copyright to the full term of +protection, an edition of the work must be published in the United States +within the thirty days <i>ad interim</i> term, printed or produced within +the limits of the United States as required in section 15 of the copyright +act.</p> + +<p class="p2 center">APPLICATION FOR REGISTRATION</p> + +<p class="sidenote">Application for registration</p> + +<p>29. The application for copyright registration required to be sent with +each work (see No. 20) must state the following facts, without which no +registration can be made: </p> + +<p><a name="Page_503" id="Page_503"></a><span class="pagenum">[Pg 503]</span> +(1) The <i>name</i> and address of the claimant of copyright.</p> + +<p>(2) The <i>nationality</i> of the author of the work.</p> + +<p>(3) The <i>title</i> of the work.</p> + +<p>(4) The name and address of person to whom certificate is to be +sent.</p> + +<p>(5) In the case of all <i>published</i> works the actual date (year, +month, and day) when the work was published.</p> + +<p class="sidenote">Name of author<br /> + +Nationality of author</p> + +<p>30. In addition, it is desirable that the application should state for +record the name of the author. If, however, the work is published +anonymously or under a pseudonym and it is not desired to place on record +the real name of the author, this may be omitted. In the case of works +made for hire, the employer may be given as the author. By the nationality +of the author is meant citizenship, not race; a person naturalized in the +United States should be described as an American. An author, a citizen of +a foreign country having no copyright relations with the United States, +may secure copyright in this country, if at the time of publication of his +work he is a permanent resident of the United States. The fact of such +permanent residence in the United States should be expressly stated in the +application. Care should be taken that the title of the work, the name of +the author, and the name of the copyright claimant should be correctly +stated in the application, and that they should agree exactly with the +same statements made in the work itself.</p> + +<p class="p2 center">APPLICATION FORMS</p> + +<p class="sidenote">Application forms</p> + +<p>31. The Copyright Office has issued the following application forms, +which will be furnished on request, and should be used when applying for +copyright registration:</p> + +<p>A<sup><span class="tinier">1</span></sup>. Book by citizen or resident +of the United States.</p> + +<p>A<sup><span class="tinier">1</span></sup>. New ed. New edition of book +by citizen or resident of the United States.</p> + +<p>A<sup><span class="tinier">1</span></sup>. for. Book by citizen or +resident of a foreign country, but manufactured in the United States.</p> + +<p>A<sup><span class="tinier">2</span></sup>. Edition printed in the +United States of a book originally published abroad in the English +language.</p> + +<p>A<sup><span class="tinier">3</span></sup>. Book by foreign author in +foreign language. </p> + +<p><a name="Page_504" id="Page_504"></a><span class="pagenum">[Pg 504]</span> +A<sup><span class="tinier">4</span></sup>. Ad interim. Book published +abroad in the English language.</p> + +<p>A<sup><span class="tinier">5</span></sup>. Contribution to a newspaper +or periodical.</p> + +<p>B<sup><span class="tinier">1</span></sup>. Periodical. For registration +of single issue.</p> + +<p>B<sup><span class="tinier">2</span></sup>. Periodical. General +application and deposit.</p> + +<p>C. Lecture, sermon, or address.</p> + +<p>D<sup><span class="tinier">1</span></sup>. Published dramatic +composition.</p> + +<p>D<sup><span class="tinier">2</span></sup>. Dramatic composition not +reproduced for sale.</p> + +<p>D<sup><span class="tinier">3</span></sup>. Dramatico-musical +composition.</p> + +<p>E<sup><span class="tinier">1</span></sup>. Published musical +composition.</p> + +<p>E<sup><span class="tinier">2</span></sup>. Musical composition not +reproduced for sale.</p> + +<p>F. Published map.</p> + +<p>G. Work of art (painting, drawing, or sculpture); or model or design +for a work of art.</p> + +<p>H. Reproduction of a work of art.</p> + +<p>I. Drawing or plastic work of a scientific or technical character.</p> + +<p>J<sup><span class="tinier">1</span></sup>. Photograph published for +sale.</p> + +<p>J<sup><span class="tinier">2</span></sup>. Photograph not reproduced +for sale.</p> + +<p>K. Print or pictorial illustration.</p> + +<p class="p2 center">AFFIDAVIT OF MANUFACTURE</p> + +<p class="sidenote">Affidavit for book</p> + +<p>32. In the case of books by American authors and all books in the +English language the application must be accompanied by an affidavit, +showing the following facts:</p> + +<p>(1) That the copies deposited have been printed from type set within +the limits of the United States; or from plates made within the limits of +the United States from type set therein; or if the text be produced by +lithographic process or photo-engraving process, that such process was +wholly performed within the limits of the United States. Stating, in +either case, the place and the establishment where such work was done.</p> + +<p>(2) That the printing of the text has been performed within the limits +of the United States, showing the place and the name of the establishment +doing the work.</p> + +<p>(3) That the binding of such books has been performed within the limits +of the United States, showing the place <a name="Page_505" +id="Page_505"></a><span class="pagenum">[Pg 505]</span>and the name of the +establishment where the work was done. This can be omitted if the work is +unbound.</p> + +<p>(4) That the completion of the printing of said book was on a stated +day, or that the book was published on a given date.</p> + +<p class="sidenote">Date of publication</p> + +<p>Section 62 of the copyright act defines the date of publication as "the +earliest date when copies of the first authorized edition <i>were placed +on sale, sold, or publicly distributed</i> by the proprietor of the +copyright or under his authority."</p> + +<p class="sidenote">Affidavit must be under seal</p> + +<p>33. The affidavit may be made before any officer authorized to +administer oaths within the United States who can affix his official seal +to the instrument.</p> + +<p class="sidenote">Errors by applicants</p> + +<p>The applicant and the officer administering the oath for such affidavit +are specially requested to make sure that the instrument is properly +executed, so as to avoid the delay of having it returned for amendment. +Experience shows that among the common errors made by applicants are the +following:</p> + +<p>Failure to write in the "venue," that is, the name of the county and +State, and to make sure that the notary's statement agrees.</p> + +<p>Reciting a corporation or partnership as affiant. Oaths can be taken +only by individuals.</p> + +<p>Failure to state in what capacity the affiant takes the oath, whether +as claimant, agent of the claimant, or printer. Where a corporation or +firm is the claimant, the affiant should swear as agent.</p> + +<p>Failure to state the <i>exact date</i> of publication or completion of +printing. The month alone is insufficient.</p> + +<p>Failure to sign the affidavit. The signature should correspond exactly +with the name of the affiant stated at the beginning. Corporation or firm +names must not appear in this place.</p> + +<p>Failure to obtain signature of the notary after swearing to the +contents.</p> + +<p>Failure to obtain the seal of the notary.</p> + +<p>Swearing before an officer not authorized to act in the place stated in +the venue. </p> + +<p><a name="Page_506" id="Page_506"></a><span class="pagenum">[Pg 506]</span> +Variance between names and dates as stated in the affidavit and the +application.</p> + +<p>The affidavit must never be made before the day of publication.</p> + +<p class="sidenote">By whom affidavit may be made</p> + +<p>34. The affidavit may be made by: (1) The person claiming the +copyright; or (2) his duly authorized agent or representative residing in +the United States; or (3) the printer who has printed the book.</p> + +<p>The person making the affidavit must state in which of the +above-mentioned capacities he does so.</p> + +<p class="sidenote">Book in foreign language</p> + +<p>35. In the case of a foreign author applying for a book in a language +other than English, no affidavit is required, as such books are not +subject to the manufacturing clause.</p> + +<p>In the case of a foreign author applying for a book in the English +language, the same affidavit must be made as in that of an American +author, except where a book is deposited for <i>ad interim</i> protection +under section 21. In such cases the affidavit must be filed when the <i>ad +interim</i> copyright is sought to be extended to the full term.</p> + +<p>The affidavit is only required for BOOKS.</p> + +<p class="p2 center">PERIODICALS (FORM B)</p> + +<p class="sidenote">Periodicals</p> + +<p>36. Application should be made in the same manner as for books, +depositing two copies, but no affidavit is required.</p> + +<p>Separate registration is necessary for each number of the periodical +published with a notice of copyright, and can only be made after +publication. It is not possible to register the title of the periodical in +advance of publication.</p> + +<p class="p2 center">CONTRIBUTIONS TO PERIODICALS (FORM A<sup><span +class="tinier">5</span></sup>)</p> + +<p class="sidenote">Contributions to periodicals</p> + +<p>37. If special registration is requested for any contribution to a +periodical, <i>one</i> copy of the number of the periodical in which the +contribution appears should be deposited promptly after publication.</p> + +<p>The entire copy should be sent; sending a mere clipping or a page +containing the contribution does not comply with the statute.</p> + +<p>The date of publication of a periodical is not necessarily <a +name="Page_507" id="Page_507"></a><span class="pagenum">[Pg 507]</span>the +date stated on the title-page. The application should state the day on +which the issue is "first placed on sale, sold, or publicly distributed," +which may be earlier or later than the date printed on the title-page.</p> + +<p class="p2 center">AD INTERIM APPLICATIONS (FORM A<sup><span +class="tinier">4</span></sup>)</p> + +<p class="sidenote">Ad interim copyright</p> + +<p>38. Where a book in the English language has been printed abroad, an +<i>ad interim</i> copyright may be secured by depositing in the Copyright +Office one complete copy of the foreign edition, with an application +containing a request for the reservation and a money order for $1. Such +applications should state: (1) Name and nationality of the author; (2) +Name and nationality of the copyright claimant; (3) Exact date of original +publication abroad.</p> + +<p>The deposit must be made within thirty days from publication abroad. +Whenever, within the thirty days' period of <i>ad interim</i> protection, +an edition manufactured in the United States is published, and two copies +are deposited, the copyright claim therein may be registered the same as +any other book (Form A<sup><span class="tinier">2</span></sup>).</p> + +<p class="p2 center">MAILING APPLICATIONS AND COPIES</p> + +<p class="sidenote">Address of mail matter</p> + +<p>39. All mail matter intended for the Copyright Office should be +addressed to the "Register of Copyrights, Library of Congress, Washington, +D. C." No letters dealing with copyright matters should be addressed to +individuals in the office.</p> + +<p>Copyright matter designed for deposit in the Copyright Office will be +transmitted by the postmaster free of charge when requested. The +postmaster will also, when requested, give a receipt for matter so +delivered to him for transmission.</p> + +<p>No franking label is issued by the Copyright Office for this +purpose.</p> + +<p class="p2 center">FEES</p> + +<p class="sidenote">Copyright fees</p> + +<p>40. The fee required to be paid for copyright registration is $1, +except that in case of photographs it is only 50 cents when no certificate +of registration is desired. </p> + +<p class="sidenote"> Remittances</p> + +<p><a name="Page_508" id="Page_508"></a><span class="pagenum">[Pg +508]</span>All remittances to the Copyright Office should be sent by money +order or bank draft. Postage stamps should not be sent for fees or +postage. Checks can not be accepted unless certified. Coin or currency +inclosed in letter or packages if sent will be at the remitter's risk.</p> + +<p>Publishers may for their own convenience deposit in the Copyright +Office a sum of money in advance against which each registration will be +charged.</p> + +<p class="p2 center">ASSIGNMENTS OF COPYRIGHT</p> + +<p class="sidenote">Assignments of copyright</p> + +<p>41. When a copyright has been assigned the instrument in writing signed +by the proprietor of the copyright may be filed in this office for record +within six calendar months after its execution without the limits of the +United States or three calendar months within the United States.</p> + +<p>After having been recorded the original assignment will be returned to +the sender with a sealed certificate of record attached.</p> + +<p class="sidenote">Fee for recording assignment</p> + +<p>42. The fee for recording and certifying an assignment is $1 up to 300 +words; $2 from 300 to 1,000 words; and another dollar for each additional +thousand words or fraction thereof over 300 words.</p> + +<p class="sidenote">Name of assignee in claim</p> + +<p>43. After the assignment has been duly recorded, the assignee may +substitute his name for that of the assignor in the copyright notice on +the work assigned. Such substitution or transfer of ownership will be +indexed in this office upon request, at a cost of 10 cents for each work +assigned.</p> + +<p class="p2 center">NOTICE OF USER OF MUSICAL COMPOSITIONS</p> + +<p class="sidenote">Notice of user of music</p> + +<p>44. Whenever the owner of the copyright in a musical composition uses +such music in phonographs himself or permits anyone else to do so, he must +send a notice of such use by him or by any other person to the Copyright +Office to be recorded.</p> + +<p class="sidenote">Notice in absence of license</p> + +<p>45. Whenever any person in the absence of a license intends to use a +copyrighted musical composition upon the <a name="Page_509" +id="Page_509"></a><span class="pagenum">[Pg 509]</span>parts of +instruments serving to reproduce the same mechanically, the act requires +that he shall serve notice of such intention upon the copyright proprietor +and must also send a duplicate of such notice to the Copyright Office.</p> + +<p class="p2 center">APPLICATION FOR THE RENEWAL OR EXTENSION OF +SUBSISTING COPYRIGHTS</p> + +<p class="sidenote">Renewals and extensions</p> + +<p>46. Application for the renewal or extension of a subsisting copyright +(except copyright of a composite work) may be filed within one year prior +to the expiration of the existing term by:</p> + +<p>(1) The author of the work if still living;</p> + +<p>(2) The widow, widower, or children of the author if the author is not +living.</p> + +<p>(3) The author's executor, if such author, widow, widower, or children +be not living;</p> + +<p>(4) If the author, widow, widower, and children are all dead, and the +author left no will, then the next of kin.</p> + +<p class="sidenote">Renewal for composite work</p> + +<p>47. If the work be a composite work upon which copyright was originally +secured by the proprietor thereof, then such proprietor is entitled to the +privilege of renewal and extension.</p> + +<p class="sidenote">Renewal fee</p> + +<p>48. The fee for the recording of the renewal claim is 50 cents. +Application for the renewal or extension of copyright can not be recorded +in the name of an assignee nor in that of any person not expressly +mentioned in section 24 of the act.</p> + +<p class="p2 center">SEARCHES</p> + +<p class="sidenote">Searches</p> + +<p>49. Upon application to the Register of Copyrights search of the +records, indexes, or deposits will be made for such information as they +may contain relative to copyright claims. Persons desiring searches to be +made should state clearly the nature of the work, its title, the name of +the claimant of copyright and probable date of entry; in the case of an +assignment, the name of the assignor or assignee <a name="Page_510" +id="Page_510"></a><span class="pagenum">[Pg 510]</span>or both, and the +name of the copyright claimant and the title of the music referred to in +case of notice of user.</p> + +<p class="sidenote">Search fee</p> + +<p>The statutory fee for searches is 50 cents for each full hour of time +consumed in making such search.</p> + +<p><a name="Page_511" id="Page_511"></a><span +class="pagenum">[Pg 511]</span></p> + +<div class="figcenter"> + <img src="images/iA1.jpg" + width="517" height="700" + alt="Illustration: Form A1 front" + title="Form A1 front" /> +</div> + +<p><a name="Page_512" id="Page_512"></a><span +class="pagenum">[Pg 512]</span></p> + +<div class="figcenter"> + <img src="images/iA2.jpg" class="A1back" + width="510" height="700" + alt="Illustration: Form A1 back" + title="Form A1 back" /> +</div> + +<p class="p4 center"><a name="Page_513" id="Page_513"></a><span +class="pagenum">[Pg 513]</span> + +5. U. S. TREASURY AND POST OFFICE REGULATIONS</p> + +<p class="center">(T. D. 31754.)</p> + +<p class="center">TREASURY DEPARTMENT, <i>July 17, 1911</i>.</p> + +<p><i>Collectors and other officers of the customs:</i></p> + +<p>The following sections of the copyright law, approved March 4, 1909, +effective July 1, 1909, together with the regulations made in pursuance +thereof, are published for the information and guidance of customs +officers and others concerned:</p> + +<p>[Here follow secs. 15, 30, 31, 32, 33, 18, as given in preceding +pages.</p> + +<p>The register of copyrights is required by this act to print at periodic +intervals a catalogue of the titles of articles deposited and registered +for copyright, which printed catalogues, as they are issued, will be +distributed to the collectors of customs of the United States and to the +postmasters of all exchange offices of receipt of foreign mails.</p> + +<p class="p2 center">REGULATIONS</p> + +<p>Under the copyright act the following articles are prohibited +importation:</p> + +<p>1. Piratical copies of any work copyrighted in the United States. By +the term "piratical" is meant the printing, reprinting, publishing, +copying, or reproducing without authority of the copyright proprietor of +any article legally copyrighted and on which the copyright is still in +force.</p> + +<p>2. Articles bearing a false notice of copyright when there is no +existing copyright thereon in the United States.</p> + +<p>3. Authorized foreign reprints of books by an American author +copyrighted in the United States.</p> + +<p>4. Authorized copies of any book copyrighted in the United States not +produced in accordance with the manufacturing provisions of section 15 of +the copyright act, except such as are exempted in the said section 15 and +section 31 of the act. </p> + +<p><a name="Page_514" id="Page_514"></a><span class="pagenum">[Pg 514]</span> +All books on which there is an existing copyright in the United States are +prohibited importation unless produced in accordance with the +manufacturing provision of section 15, whether copyrighted under this act +or previous acts. (Opinion of the Attorney General, T. D. 30136, Nov. 24, +1909.)</p> + +<p>Copyrighted books produced in accordance with the manufacturing +provisions of section 16 of the copyright act, when exported and rebound +abroad may be admitted to entry on their return to the United States. +(Opinion of the Attorney-General, T. D. 30414.)</p> + +<p>As copyrighted books are required to be printed and bound in the United +States, evidence should be required on entry that such books were exported +in a bound condition and not as loose sheets, and that the printing and +binding were both performed within the limits of the United States.</p> + +<p>Imported articles found to bear a false notice of copyright will be +detained and forfeiture proceedings instituted as provided in Schedule +32.</p> + +<p>If satisfactory evidence is not produced to the collector that such +imported books were produced in accordance with the manufacturing +provisions of section 15, or are exempt therefrom, the books will be +seized and forfeiture proceedings instituted as provided in section +32.</p> + +<p>Forfeiture proceedings instituted under the copyright act will be +conducted in the same manner as in case of merchandise seized for +violation of the customs laws, section 32, supra. (Arts. 1266 to 1269, +Customs Regulations, 1908.)</p> + +<p>Authorized editions of copyright books imported through the mails or +otherwise in violation of the copyright act may, under customs +supervision, be returned to the country of exportation whenever it is +shown in a written application to the satisfaction of the Secretary of the +Treasury that such importation was not due to willful negligence or fraud. +(Sec. 32, <i>supra</i>.)</p> + +<p>In any case in which a customs officer is in doubt as to whether an +article is prohibited importation under the copyright act the articles +should be detained and the facts reported to the department for +instruction.</p> + +<p class="quotesig"><span class="smcap">Franklin MacVeagh</span>, +<i>Secretary</i>. </p> + +<p class="p4 center"><a name="Page_515" id="Page_515"></a><span +class="pagenum">[Pg 515]</span> + +JOINT REGULATIONS</p> + +<p class="blockquote"> Governing treatment of letters and packages +received in the mails from foreign countries containing or supposed to +contain articles prohibited importation by the copyright act of March 4, +1909.</p> + +<p>The "Joint regulations governing the treatment of dutiable and supposed +dutiable articles received in the mails from foreign countries" are also +applicable in the treatment of articles which contain or which are +supposed to contain matter prohibited importation by the copyright act, +except as hereinafter modified;</p> + +<p><i>Unsealed</i> correspondence and packages (registered and +unregistered) of all kinds which upon examination prove to contain +articles prohibited importation by the copyright act shall be retained by +customs officers, who will notify the addressee of the facts of the case. +If an application is not made within a reasonable time to the Secretary of +the Treasury for permission to return such articles to the country of +export, the customs officers shall take appropriate steps to forfeit the +articles as provided in section 32 of the copyright act.</p> + +<p><i>Sealed</i> articles supposed to contain matter prohibited +importation by the copyright act must be appropriately marked to indicate +that fact at the exchange office of receipt. The same conditions shall +apply in regard to the marking, opening, and disposition of such sealed +articles by the addressee or authorized agent as are required in the case +of the opening and treatment of sealed "Supposed liable to customs duty" +pieces. If the customs officer finds an article contains matter prohibited +importation by the copyright act, he shall notify the addressee of the +facts through the postmaster at the office of delivery. If an application +is not then made within a reasonable time to the Secretary of the Treasury +for permission to return the article to the country of export, the customs +officer shall take appropriate steps to forfeit the matter as provided in +section 32 of the copyright act.</p> + +<p>Receipt should be taken for articles submitted to customs officials as +prohibited importation under the copyright <a name="Page_516" +id="Page_516"></a><span class="pagenum">[Pg 516]</span>law and proper +record made on the Post Office records of the disposition of such articles +as are not returned to be disposed of through the mails.</p> + +<p>Notice of actual or contemplated illegal importations through the mails +should be given to the Secretary of the Treasury or the Postmaster +General. On receipt of such notices either by the Secretary of the +Treasury or the Postmaster General instructions will be promptly +issued.</p> + +<p class="quotesig"><span class="smcap">Franklin MacVeagh</span>,<br /> + <i>Secretary of the Treasury</i>.<br /> <span +class="smcap">Frank H. Hitchcock</span>,<br /> + <i>Postmaster General</i>.</p> + +<p><a name="Page_517" id="Page_517"></a><span class="pagenum">[Pg +517]</span></p> + +<h2 class="p4">II</h2> + +<h3>BRITISH EMPIRE: COPYRIGHT PROVISIONS</h3> + +<p class="p2 center">6. BRITISH COPYRIGHT ACT, 1911</p> + +<p><span class="smcap">An Act to Amend and Consolidate the Law relating To +Copyright</span> [16th December 1911.</p> + +<p class="smaller center">(2 GEORGE V, CHAPTER 46)</p> + +<p>Be it enacted by the King's most Excellent Majesty, by and with the +advice and consent of the Lords Spiritual and Temporal, and Commons, in +this present Parliament assembled, and by the authority of the same, as +follows:—</p> + +<h3>PART I.</h3> + +<p class="center">IMPERIAL COPYRIGHT.</p> + +<p class="center"><i>Rights.</i></p> + +<p class="sidenote">Copyright</p> + +<p>1.—(1) Subject to the provisions of this Act, copyright shall +subsist throughout the parts of His Majesty's dominions to which this Act +extends for the term hereinafter mentioned in every original literary +dramatic musical and artistic work, if—</p> + +<p class="indent">(<i>a</i>) in the case of a published work, the work was +first published within such parts of His Majesty's dominions as aforesaid; +and</p> + +<p class="indent">(<i>b</i>) in the case of an unpublished work, the +author was at the date of the making of the work a British subject or +resident within such parts of His Majesty's dominions as aforesaid;</p> + +<p>but in no other works, except so far as the protection conferred by +this Act is extended by Orders in Council thereunder relating to +self-governing dominions to which this Act does not extend and to foreign +countries.</p> + +<p><a name="Page_518" id="Page_518"></a><span class="pagenum">[Pg +518]</span> (2) For the purposes of this Act, "copyright" means the sole +right to produce or reproduce the work or any substantial part thereof in +any material form whatsoever, to perform, or in the case of a lecture to +deliver, the work or any substantial part thereof in public; if the work +is unpublished, to publish the work or any substantial part thereof; and +shall include the sole right,—</p> + +<p class="indent">(<i>a</i>) to produce, reproduce, perform, or publish +any translation of the work;</p> + +<p class="indent">(<i>b</i>) in the case of a dramatic work, to convert it +into a novel or other non-dramatic work;</p> + +<p class="indent">(<i>c</i>) in the case of a novel or other non-dramatic +work, or of an artistic work, to convert it into a dramatic work, by way +of performance in public or otherwise;</p> + +<p class="indent">(<i>d</i>) in the case of a literary, dramatic, or +musical work, to make any record, perforated roll, cinematograph film, or +other contrivance by means of which the work may be mechanically performed +or delivered,</p> + +<p>and to authorize any such acts as aforesaid.</p> + +<p>(3) For the purposes of this Act, publication, in relation to any work, +means the issue of copies of the work to the public, and does not include +the performance in public of a dramatic or musical work, the delivery in +public of a lecture, the exhibition in public of an artistic work, or the +construction of an architectural work of art, but, for the purposes of +this provision, the issue of photographs and engravings of works of +sculpture and architectural works of art shall not be deemed to be +publication of such works.</p> + +<p class="sidenote">Infringement of copyright</p> + +<p>2.—(1) Copyright in a work shall be deemed to be infringed by any +person who, without the consent of the owner of the copyright, does +anything the sole right to do which is by this Act conferred on the owner +of the copyright: Provided that the following acts shall not constitute an +infringement of copyright:—</p> + +<p class="indent">(i) Any fair dealing with any work for the purposes of +private study, research, criticism, review, or newspaper summary:</p> + +<p class="indent">(ii) Where the author of an artistic work is not the +owner of the copyright therein, the use by the author of <a +name="Page_519" id="Page_519"></a><span class="pagenum">[Pg 519]</span>any +mould, cast, sketch, plan, model, or study made by him for the purpose of +the work, provided that he does not thereby repeat or imitate the main +design of that work:</p> + +<p class="indent">(iii) The making or publishing of paintings, drawings, +engravings, or photographs of a work of sculpture or artistic +craftsmanship, if permanently situated in a public place or building, or +the making or publishing of paintings, drawings, engravings, or +photographs (which are not in the nature of architectural drawings or +plans) of any architectural work of art:</p> + +<p class="indent">(iv) The publication in a collection, mainly composed of +non-copyright matter, bona fide intended for the use of schools, and so +described in the title and in any advertisements issued by the publisher, +of short passages from published literary works not themselves published +for the use of schools in which copyright subsists: Provided that not more +than two of such passages from works by the same author are published by +the same publisher within five years, and that the source from which such +passages are taken is acknowledged:</p> + +<p class="indent">(v) The publication in a newspaper of a report of a +lecture delivered in public, unless the report is prohibited by +conspicuous written or printed notice affixed before and maintained during +the lecture at or about the main entrance of the building in which the +lecture is given, and, except whilst the building is being used for public +worship, in a position near the lecturer; but nothing in this paragraph +shall affect the provisions in paragraph (i) as to newspaper +summaries:</p> + +<p class="indent">(vi) The reading or recitation in public by one person +of any reasonable extract from any published work.</p> + +<p>(2) Copyright in a work shall also be deemed to be infringed by any +person who—</p> + +<p class="indent">(<i>a</i>) sells or lets for hire, or by way of trade +exposes or offers for sale or hire; or</p> + +<p class="indent">(<i>b</i>) distributes either for the purposes of trade +or to such <a name="Page_520" id="Page_520"></a><span class="pagenum">[Pg +520]</span>an extent as to affect prejudicially the owner of the +copyright; or</p> + +<p class="indent">(<i>c</i>) by way of trade exhibits in public; or</p> + +<p class="indent">(<i>d</i>) imports for sale or hire into any part of His +Majesty's dominions to which this Act extends,</p> + +<p>any work which to his knowledge infringes copyright or would infringe +copyright if it had been made within the part of His Majesty's dominions +in or into which the sale or hiring, exposure, offering for sale or hire, +distribution, exhibition, or importation took place.</p> + +<p>(3) Copyright in a work shall also be deemed to be infringed by any +person who for his private profit permits a theatre or other place of +entertainment to be used for the performance in public of the work without +the consent of the owner of the copyright, unless he was not aware, and +had no reasonable ground for suspecting, that the performance would be an +infringement of copyright.</p> + +<p class="sidenote">Term of copyright</p> + +<p>3. The term for which copyright shall subsist shall, except as +otherwise expressly provided by this Act, be the life of the author and a +period of fifty years after his death:</p> + +<p>Provided that at any time after the expiration of twenty-five years, or +in the case of a work in which copyright subsists at the passing of this +Act thirty years, from the death of the author of a published work, +copyright in the work shall not be deemed to be infringed by the +reproduction of the work for sale if the person reproducing the work +proves that he has given the prescribed notice in writing of his intention +to reproduce the work, and that he has paid in the prescribed manner to, +or for the benefit of, the owner of the copyright royalties in respect of +all copies of the work sold by him calculated at the rate of ten per cent. +on the price at which he publishes the work; and, for the purposes of this +proviso, the Board of Trade may make regulations prescribing the mode in +which notices are to be given, and the particulars to be given in such +notices, and the mode, time, and frequency of the payment of royalties, +including (if they think fit) regulations requiring payment in advance or +otherwise securing the payment of royalties. </p> + +<p class="sidenote"> Compulsory licences</p> + +<p><a name="Page_521" id="Page_521"></a><span class="pagenum">[Pg +521]</span>4. If at any time after the death of the author of a literary, +dramatic, or musical work which has been published or performed in public +a complaint is made to the Judicial Committee of the Privy Council that +the owner of the copyright in the work has refused to republish or to +allow the republication of the work or has refused to allow the +performance in public of the work, and that by reason of such refusal the +work is withheld from the public, the owner of the copyright may be +ordered to grant a licence to reproduce the work or perform the work in +public, as the case may be, on such terms and subject to such conditions +as the Judicial Committee may think fit.</p> + +<p class="sidenote">Ownership of copyright, &c.</p> + +<p>5.—(1) Subject to the provisions of this Act, the author of a +work shall be the first owner of the copyright therein:</p> + +<p>Provided that—</p> + +<p class="indent">(<i>a</i>) where, in the case of an engraving, +photograph, or portrait, the plate or other original was ordered by some +other person and was made for valuable consideration in pursuance of that +order, then, in the absence of any agreement to the contrary, the person +by whom such plate or other original was ordered shall be the first owner +of the copyright; and</p> + +<p class="indent">(<i>b</i>) where the author was in the employment of +some other person under a contract of service or apprenticeship and the +work was made in the course of his employment by that person, the person +by whom the author was employed shall, in the absence of any agreement to +the contrary, be the first owner of the copyright, but where the work is +an article or other contribution to a newspaper, magazine, or similar +periodical, there shall, in the absence of any agreement to the contrary, +be deemed to be reserved to the author a right to restrain the publication +of the work, otherwise than as part of a newspaper, magazine, or similar +periodical.</p> + +<p>(2) The owner of the copyright in any work may assign the right, either +wholly or partially, and either generally or subject to limitations to the +United Kingdom or any self-governing <a name="Page_522" +id="Page_522"></a><span class="pagenum">[Pg 522]</span>dominion or other +part of His Majesty's dominions to which this Act extends, and either for +the whole term of the copyright or for any part thereof, and may grant any +interest in the right by licence, but no such assignment or grant shall be +valid unless it is in writing signed by the owner of the right in respect +of which the assignment or grant is made, or by his duly authorized +agent:</p> + +<p>Provided that, where the author of a work is the first owner of the +copyright therein, no assignment of the copyright, and no grant of any +interest therein, made by him (otherwise than by will) after the passing +of this Act, shall be operative to vest in the assignee or grantee any +rights with respect to the copyright in the work beyond the expiration of +twenty-five years from the death of the author, and the reversionary +interest in the copyright expectant on the termination of that period +shall, on the death of the author, notwithstanding any agreement to the +contrary, devolve on his legal personal representatives as part of his +estate, and any agreement entered into by him as to the disposition of +such reversionary interest shall be null and void, but nothing in this +proviso shall be construed as applying to the assignment of the copyright +in a collective work or a licence to publish a work or part of a work as +part of a collective work.</p> + +<p>(3) Where, under any partial assignment of copyright, the assignee +becomes entitled to any right comprised in copyright, the assignee as +respects the right so assigned, and the assignor as respects the rights +not assigned, shall be treated for the purposes of this Act as the owner +of the copyright, and the provisions of this Act shall have effect +accordingly.</p> + +<p class="center"><i>Civil Remedies.</i></p> + +<p class="sidenote">Civil remedies for infringement of copyright</p> + +<p>6.—(1) Where copyright in any work has been infringed, the owner +of the copyright shall, except as otherwise provided by this Act, be +entitled to all such remedies by way of injunction or interdict, damages, +accounts, and otherwise, as are or may be conferred by law for the +infringement of a right.</p> + +<p><a name="Page_523" id="Page_523"></a><span class="pagenum">[Pg +523]</span> (2) The costs of all parties in any proceedings in respect of +the infringement of copyright shall be in the absolute discretion of the +Court.</p> + +<p>(3) In any action for infringement of copyright in any work, the work +shall be presumed to be a work in which copyright subsists and the +plaintiff shall be presumed to be the owner of the copyright, unless the +defendant puts in issue the existence of the copyright, or, as the case +may be, the title of the plaintiff, and where any such question is in +issue, then—</p> + +<p class="indent">(<i>a</i>) if a name purporting to be that of the author +of the work is printed or otherwise indicated thereon in the usual manner, +the person whose name is so printed or indicated shall, unless the +contrary is proved, be presumed to be the author of the work;</p> + +<p class="indent">(<i>b</i>) if no name is so printed or indicated, or if +the name so printed or indicated is not the author's true name or the name +by which he is commonly known, and a name purporting to be that of the +publisher or proprietor of the work is printed or otherwise indicated +thereon in the usual manner, the person whose name is so printed or +indicated shall, unless the contrary is proved, be presumed to be the +owner of the copyright in the work for the purposes of proceedings in +respect of the infringement of copyright therein.</p> + +<p class="sidenote">Rights of owner against persons possessing or dealing +with infringing copies, &c.</p> + +<p>7. All infringing copies of any work in which copyright subsists, or of +any substantial part thereof, and all plates used or intended to be used +for the production of such infringing copies, shall be deemed to be the +property of the owner of the copyright, who accordingly may take +proceedings for the recovery of the possession thereof or in respect of +the conversion thereof.</p> + +<p class="sidenote">Exemption of innocent infringer from liability to pay +damages, &c.</p> + +<p>8. Where proceedings are taken in respect of the infringement of the +copyright in any work and the defendant in his defence alleges that he was +not aware of the existence of the copyright in the work, the plaintiff +shall not be entitled to any remedy other than an injunction or interdict +in respect of the infringement if the defendant proves that at the date of +the infringement he was not aware and had no <a name="Page_524" +id="Page_524"></a><span class="pagenum">[Pg 524]</span>reasonable ground +for suspecting that copyright subsisted in the work.</p> + +<p class="sidenote">Restriction on remedies in the case of +architecture</p> + +<p>9.—(1) Where the construction of a building or other structure +which infringes or which, if completed, would infringe the copyright in +some other work has been commenced, the owner of the copyright shall not +be entitled to obtain an injunction or interdict to restrain the +construction of such building or structure or to order its demolition.</p> + +<p>(2) Such of the other provisions of this Act as provide that an +infringing copy of a work shall be deemed to be the property of the owner +of the copyright, or as impose summary penalties, shall not apply in any +case to which this section applies.</p> + +<p class="sidenote">Limitation of actions</p> + +<p>10. An action in respect of infringement of copyright shall not be +commenced after the expiration of three years next after the +infringement.</p> + +<p class="center"><i>Summary Remedies.</i></p> + +<p class="sidenote">Penalties for dealing with infringing copies, &c.</p> + +<p>11.—(1) If any person knowingly—</p> + +<p class="indent">(<i>a</i>) makes for sale or hire any infringing copy of +a work in which copyright subsists; or</p> + +<p class="indent">(<i>b</i>) sells or lets for hire, or by way of trade +exposes or offers for sale or hire any infringing copy of any such work; +or</p> + +<p class="indent">(<i>c</i>) distributes infringing copies of any such +work either for the purposes of trade or to such an extent as to affect +prejudicially the owner of the copyright; or</p> + +<p class="indent">(<i>d</i>) by way of trade exhibits in public any +infringing copy of any such work; or</p> + +<p class="indent">(<i>e</i>) imports for sale or hire into the United +Kingdom any infringing copy of any such work:</p> + +<p>he shall be guilty of an offence under this Act and be liable on +summary conviction to a fine not exceeding forty shillings for every copy +dealt with in contravention of this section, but not exceeding fifty +pounds in respect of the same transaction; or, in the case of a second or +subsequent offence, either to such fine or to imprisonment with or without +hard labour for a term not exceeding two months.</p> + +<p>(2) If any person knowingly makes or has in his possession <a +name="Page_525" id="Page_525"></a><span class="pagenum">[Pg 525]</span>any +plate for the purpose of making infringing copies of any work in which +copyright subsists, or knowingly and for his private profit causes any +such work to be performed in public without the consent of the owner of +the copyright, he shall be guilty of an offence under this Act, and be +liable on summary conviction to a fine not exceeding fifty pounds, or, in +the case of a second or subsequent offence, either to such fine or to +imprisonment with or without hard labour for a term not exceeding two +months.</p> + +<p>(3) The court before which any such proceedings are taken may, whether +the alleged offender is convicted or not, order that all copies of the +work or all plates in the possession of the alleged offender, which appear +to it to be infringing copies or plates for the purpose of making +infringing copies, be destroyed or delivered up to the owner of the +copyright or otherwise dealt with as the court may think fit.</p> + +<p class="sidenote">2 Edw. 7. c. 15.<br /> + +6 Edw. 7. c. 36.</p> + +<p>(4) Nothing in this section shall, as respects musical works, affect +the provisions of the Musical (Summary Proceedings) Copyright Act, 1902, +or the Musical Copyright Act, 1906.</p> + +<p class="sidenote">Appeals to quarter sessions</p> + +<p>12. Any person aggrieved by a summary conviction of an offence under +the foregoing provisions of this Act may in England and Ireland appeal to +a court of quarter sessions and in Scotland under and in terms of the +Summary Jurisdiction (Scotland) Acts.</p> + +<p class="sidenote">Extent of provisions as to summary remedies</p> + +<p>13. The provisions of this Act with respect to summary remedies shall +extend only to the United Kingdom.</p> + +<p class="center"><i>Importation of Copies.</i></p> + +<p class="sidenote">Importation of copies<br /> + +39 & 40 Vict. c. 36.</p> + +<p>14.—(1) Copies made out of the United Kingdom of any work in +which copyright subsists which if made in the United Kingdom would +infringe copyright, and as to which the owner of the copyright gives +notice in writing by himself or his agent to the Commissioners of Customs +and Excise, that he is desirous that such copies should not be imported +into the United Kingdom, shall not be so imported, and shall, subject to +the provisions of this section, be deemed to be included in the table of +prohibitions and <a name="Page_526" id="Page_526"></a><span +class="pagenum">[Pg 526]</span> restrictions contained in section +forty-two of the Customs Consolidation Act, 1876, and that section shall +apply accordingly.</p> + +<p>(2) Before detaining any such copies or taking any further proceedings +with a view to the forfeiture thereof under the law relating to the +Customs, the Commissioners of Customs and Excise may require the +regulations under this section, whether as to information, conditions, or +other matters, to be complied with, and may satisfy themselves in +accordance with those regulations that the copies are such as are +prohibited by this section to be imported.</p> + +<p>(3) The Commissioners of Customs and Excise may make regulations, +either general or special, respecting the detention and forfeiture of +copies the importation of which is prohibited by this section, and the +conditions, if any, to be fulfilled before such detention and forfeiture, +and may, by such regulations, determine the information, notices, and +security to be given, and the evidence requisite for any of the purposes +of this section, and the mode of verification of such evidence.</p> + +<p>(4) The regulations may apply to copies of all works the importation of +copies of which is prohibited by this section, or different regulations +may be made respecting different classes of such works.</p> + +<p>(5) The regulations may provide for the informant reimbursing the +Commissioners of Customs and Excise all expenses and damages incurred in +respect of any detention made on his information, and of any proceedings +consequent on such detention; and may provide for notices under any +enactment repealed by this Act being treated as notices given under this +section.</p> + +<p>(6) The foregoing provisions of this section shall have effect as if +they were part of the Customs Consolidation Act, 1876: Provided that, +notwithstanding anything in that Act, the Isle of Man shall not be treated +as part of the United Kingdom for the purposes of this section.</p> + +<p>(7) This section shall, with the necessary modifications, apply to the +importation into a British possession to which this Act extends of copies +of works made out of that possession. </p> + +<p class="center"><a name="Page_527" id="Page_527"></a><span +class="pagenum">[Pg 527]</span> <i>Delivery of Books to Libraries.</i></p> + +<p class="sidenote">Delivery of copies to British Museum and other +libraries</p> + +<p>15.—(1) The publisher of every book published in the United +Kingdom shall, within one month after the publication, deliver, at his own +expense, a copy of the book to the trustees of the British Museum, who +shall give a written receipt for it.</p> + +<p>(2) He shall also, if written demand is made before the expiration of +twelve months after publication, deliver within one month after receipt of +that written demand or, if the demand was made before publication, within +one month after publication, to some depôt in London named in the demand a +copy of the book for, or in accordance with the directions of, the +authority having the control of each of the following libraries, namely: +the Bodleian Library, Oxford, the University Library, Cambridge, the +Library of the Faculty of Advocates at Edinburgh, and the Library of +Trinity College, Dublin, and subject to the provisions of this section the +National Library of Wales. In the case of an encyclopædia, newspaper, +review, magazine, or work published in a series of numbers or parts, the +written demand may include all numbers or parts of the work which may be +subsequently published.</p> + +<p>(3) The copy delivered to the trustees of the British Museum shall be a +copy of the whole book with all maps and illustrations belonging thereto, +finished and coloured in the same manner as the best copies of the book +are published, and shall be bound, sewed, or stitched together, and on the +best paper on which the book is printed.</p> + +<p>(4) The copy delivered for the other authorities mentioned in this +section shall be on the paper on which the largest number of copies of the +book is printed for sale, and shall be in the like condition as the books +prepared for sale.</p> + +<p>(5) The books of which copies are to be delivered to the National +Library of Wales shall not include books of such classes as may be +specified in regulations to be made by the Board of Trade.</p> + +<p>(6) If a publisher fails to comply with this section, he shall be +liable on summary conviction to a fine not exceeding <a name="Page_528" +id="Page_528"></a><span class="pagenum">[Pg 528]</span>five pounds and the +value of the book, and the fine shall be paid to the trustees or authority +to whom the book ought to have been delivered.</p> + +<p>(7) For the purposes of this section, the expression "book" includes +every part or division of a book, pamphlet, sheet of letterpress, sheet of +music, map, plan, chart or table separately published, but shall not +include any second or subsequent edition of a book unless such edition +contains additions or alterations either in the letterpress or in the +maps, prints, or other engravings belonging thereto.</p> + +<p class="center"><i>Special Provisions as to certain Works.</i></p> + +<p class="sidenote">Works of joint authors</p> + +<p>16.—(1) In the case of a work of joint authorship, copyright +shall subsist during the life of the author who first dies and for a term +of fifty years after his death, or during the life of the author who dies +last, whichever period is the longer, and references in this Act to the +period after the expiration of any specified number of years from the +death of the author shall be construed as references to the period after +the expiration of the like number of years from the death of the author +who dies first or after the death of the author who dies last, whichever +period may be the shorter, and in the provisions of this Act with respect +to the grant of compulsory licences a reference to the date of the death +of the author who dies last shall be substituted for the reference to the +date of the death of the author.</p> + +<p>(2) Where, in the case of a work of joint authorship, some one or more +of the joint authors do not satisfy the conditions conferring copyright +laid down by this Act, the work shall be treated for the purposes of this +Act as if the other author or authors had been the sole author or authors +thereof:</p> + +<p>Provided that the term of the copyright shall be the same as it would +have been if all the authors had satisfied such conditions as +aforesaid.</p> + +<p>(3) For the purposes of this Act, "a work of joint authorship" means a +work produced by the collaboration of two or more authors in which the +contribution of one author is <a name="Page_529" id="Page_529"></a><span +class="pagenum">[Pg 529]</span>not distinct from the contribution of the +other author or authors.</p> + +<p>(4) Where a married woman and her husband are joint authors of a work +the interest of such married woman therein shall be her separate +property.</p> + +<p class="sidenote">Posthumous works</p> + +<p>17.—(1) In the case of a literary dramatic or musical work, or an +engraving, in which copyright subsists at the date of the death of the +author or, in the case of a work of joint authorship, at or immediately +before the date of the death of the author who dies last, but which has +not been published, nor, in the case of a dramatic or musical work, been +performed in public, nor, in the case of a lecture, been delivered in +public, before that date, copyright shall subsist till publication, or +performance or delivery in public, whichever may first happen, and for a +term of fifty years thereafter, and the proviso to section three of this +Act shall, in the case of such a work, apply as if the author had died at +the date of such publication or performance or delivery in public as +aforesaid.</p> + +<p>(2) The ownership of an author's manuscript after his death, where such +ownership has been acquired under a testamentary disposition made by the +author and the manuscript is of a work which has not been published nor +performed in public nor delivered in public, shall be prima facie proof of +the copyright being with the owner of the manuscript.</p> + +<p class="sidenote">Provisions as to Government publications</p> + +<p>18. Without prejudice to any rights or privileges of the Crown, where +any work has, whether before or after the commencement of this Act, been +prepared or published by or under the direction or control of His Majesty +or any Government department, the copyright in the work shall, subject to +any agreement with the author, belong to His Majesty, and in such case +shall continue for a period of fifty years from the date of the first +publication of the work.</p> + +<p class="sidenote">Provisions as to mechanical instruments</p> + +<p>19.—(1) Copyright shall subsist in records, perforated rolls, and +other contrivances by means of which sounds may be mechanically +reproduced, in like manner as if such contrivances were musical works, but +the term of copyright shall be fifty years from the making of the original +<a name="Page_530" id="Page_530"></a><span class="pagenum">[Pg +530]</span>plate from which the contrivance was directly or indirectly +derived, and the person who was the owner of such original plate at the +time when such plate was made shall be deemed to be the author of the +work, and, where such owner is a body corporate, the body corporate shall +be deemed for the purposes of this Act to reside within the parts of His +Majesty's dominions to which this Act extends if it has established a +place of business within such parts.</p> + +<p>(2) It shall not be deemed to be an infringement of copyright in any +musical work for any person to make within the parts of His Majesty's +dominions to which this Act extends records, perforated rolls, or other +contrivances by means of which the work may be mechanically performed, if +such person proves—</p> + +<p class="indent">(<i>a</i>) that such contrivances have previously been +made by, or with the consent or acquiescence of, the owner of the +copyright in the work; and</p> + +<p class="indent">(<i>b</i>) that he has given the prescribed notice of +his intention to make the contrivances, and has paid in the prescribed +manner to, or for the benefit of, the owner of the copyright in the work +royalties in respect of all such contrivances sold by him, calculated at +the rate hereinafter mentioned:</p> + +<p>Provided that—</p> + +<p class="indent">(i) nothing in this provision shall authorize any +alterations in, or omissions from, the work reproduced, unless +contrivances reproducing the work subject to similar alterations and +omissions have been previously made by, or with the consent or +acquiescence of, the owner of the copyright, or unless such alterations or +omissions are reasonably necessary for the adaptation of the work to the +contrivances in question; and</p> + +<p class="indent">(ii) for the purposes of this provision, a musical work +shall be deemed to include any words so closely associated therewith as to +form part of the same work, but shall not be deemed to include a +contrivance by means of which sounds may be mechanically reproduced.</p> + +<p>(3) The rate at which such royalties as aforesaid are to be calculated +shall<span style="white-space:nowrap;">—</span> </p> + +<p class="indent"><a name="Page_531" id="Page_531"></a><span +class="pagenum">[Pg 531]</span> (<i>a</i>) in the case of contrivances +sold within two years after the commencement of this Act by the person +making the same, be two and one-half per cent.; and</p> + +<p class="indent">(<i>b</i>) in the case of contrivances sold as aforesaid +after the expiration of that period, five per cent.</p> + +<p>on the ordinary retail selling price of the contrivance calculated in +the prescribed manner, so however that the royalty payable in respect of a +contrivance shall, in no case, be less than a halfpenny for each separate +musical work in which copyright subsists reproduced thereon, and, where +the royalty calculated as aforesaid includes a fraction of a farthing, +such fraction shall be reckoned as a farthing:</p> + +<p>Provided that, if, at any time after the expiration of seven years from +the commencement of this Act, it appears to the Board of Trade that such +rate as aforesaid is no longer equitable, the Board of Trade may, after +holding a public inquiry, make an order either decreasing or increasing +that rate to such extent as under the circumstances may seem just, but any +order so made shall be provisional only and shall not have any effect +unless and until confirmed by Parliament; but, where an order revising the +rate has been so made and confirmed, no further revision shall be made +before the expiration of fourteen years from the date of the last +revision.</p> + +<p>(4) If any such contrivance is made reproducing two or more different +works in which copyright subsists and the owners of the copyright therein +are different persons, the sums payable by way of royalties under this +section shall be apportioned amongst the several owners of the copyright +in such proportions as, failing agreement, may be determined by +arbitration.</p> + +<p>(5) When any such contrivances by means of which a musical work may be +mechanically performed have been made, then, for the purposes of this +section, the owner of the copyright in the work shall, in relation to any +person who makes the prescribed inquiries, be deemed to have given his +consent to the making of such contrivances if he fails to reply to such +inquiries within the prescribed time.</p> + +<p><a name="Page_532" id="Page_532"></a><span class="pagenum">[Pg +532]</span> (6) For the purposes of this section, the Board of Trade may +make regulations prescribing anything which under this section is to be +prescribed, and prescribing the mode in which notices are to be given and +the particulars to be given in such notices, and the mode, time, and +frequency of the payment of royalties, and any such regulations may, if +the Board think fit, include regulations requiring payment in advance or +otherwise securing the payment of royalties.</p> + +<p>(7) In the case of musical works published before the commencement of +this Act, the foregoing provisions shall have effect, subject to the +following modifications and additions:—</p> + +<p class="indent">(<i>a</i>) The conditions as to the previous making by, +or with the consent or acquiescence of, the owner of the copyright in the +work, and the restrictions as to alterations in or omissions from the +work, shall not apply:</p> + +<p class="indent">(<i>b</i>) The rate of two and one-half per cent. shall +be substituted for the rate of five per cent. as the rate at which +royalties are to be calculated, but no royalties shall be payable in +respect of contrivances sold before the first day of July, nineteen +hundred and thirteen, if contrivances reproducing the same work had been +lawfully made, or placed on sale, within the parts of His Majesty's +dominions to which this Act extends before the first day of July, nineteen +hundred and ten:</p> + +<p class="indent">(<i>c</i>) Notwithstanding any assignment made before +the passing of this Act of the copyright in a musical work, any rights +conferred by this Act in respect of the making, or authorising the making, +of contrivances by means of which the work may be mechanically performed +shall belong to the author or his legal personal representatives and not +to the assignee, and the royalties aforesaid shall be payable to, and for +the benefit of, the author of the work or his legal personal +representatives:</p> + +<p class="indent">(<i>d</i>) The saving contained in this Act of the +rights and interests arising from, or in connexion with, action taken +before the commencement of this Act shall not <a name="Page_533" +id="Page_533"></a><span class="pagenum">[Pg 533]</span>be construed as +authorizing any person who has made contrivances by means of which the +work may be mechanically performed to sell any such contrivances, whether +made before or after the passing of this Act, except on the terms and +subject to the conditions laid down in this section:</p> + +<p class="indent">(<i>e</i>) Where the work is a work on which copyright +is conferred by an Order in Council relating to a foreign country, the +copyright so conferred shall not, except to such extent as may be provided +by the Order, include any rights with respect to the making of records, +perforated rolls, or other contrivances by means of which the work may be +mechanically performed.</p> + +<p>(8) Notwithstanding anything in this Act, where a record, perforated +roll, or other contrivance by means of which sounds may be mechanically +reproduced has been made before the commencement of this Act, copyright +shall, as from the commencement of this Act, subsist therein in like +manner and for the like term as if this Act had been in force at the date +of the making of the original plate from which the contrivance was +directly or indirectly derived.</p> + +<p>Provided that—</p> + +<p class="indent">(i) the person who, at the commencement of this Act, is +the owner of such original plate shall be the first owner of such +copyright; and</p> + +<p class="indent">(ii) nothing in this provision shall be construed as +conferring copyright in any such contrivance if the making thereof would +have infringed copyright in some other such contrivance, if this provision +had been in force at the time of the making of the first-mentioned +contrivance.</p> + +<p class="sidenote">Provision as to political speeches</p> + +<p>20. Notwithstanding anything in this Act, it shall not be an +infringement of copyright in an address of a political nature delivered at +a public meeting to publish a report thereof in a newspaper.</p> + +<p class="sidenote">Provisions as to photographs</p> + +<p>21. The term for which copyright shall subsist in photographs shall be +fifty years from the making of the original negative from which the +photograph was directly or indirectly derived, and the person who was +owner of such negative <a name="Page_534" id="Page_534"></a><span +class="pagenum">[Pg 534]</span>at the time when such negative was made +shall be deemed to be the author of the work, and, where such owner is a +body corporate, the body corporate shall be deemed for the purposes of +this Act to reside within the parts of His Majesty's dominions to which +this Act extends if it has established a place of business within such +parts.</p> + +<p class="sidenote">Provisions as to designs registrable under 7 Edw. 7. +c. 29</p> + +<p>22.—(1) This Act shall not apply to designs capable of being +registered under the Patents and Designs Act, 1907, except designs which, +though capable of being so registered, are not used or intended to be used +as models or patterns to be multiplied by any industrial process.</p> + +<p>(2) General rules under section eighty-six of the Patents and Designs +Act, 1907, may be made for determining the conditions under which a design +shall be deemed to be used for such purposes as aforesaid.</p> + +<p class="sidenote">Works of foreign authors first published in parts of +His Majesty's dominions to which Act extends</p> + +<p>23. If it appears to His Majesty that a foreign country does not give, +or has not undertaken to give, adequate protection to the works of British +authors, it shall be lawful for His Majesty by Order in Council to direct +that such of the provisions of this Act as confer copyright on works first +published within the parts of His Majesty's dominions to which this Act +extends, shall not apply to works published after the date specified in +the Order, the authors whereof are subjects or citizens of such foreign +country, and are not resident in His Majesty's dominions, and thereupon +those provisions shall not apply to such works.</p> + +<p class="sidenote">Existing works</p> + +<p>24.—(1) Where any person is immediately before the commencement +of this Act entitled to any such right in any work as is specified in the +first column of the First Schedule to this Act, or to any interest in such +a right, he shall, as from that date, be entitled to the substituted right +set forth in the second column of that schedule, or to the same interest +in such a substituted right, and to no other right or interest, and such +substituted right shall subsist for the term for which it would have +subsisted if this Act had been in force at the date when the work was made +and the work had been one entitled to copyright thereunder:</p> + +<p>Provided that—</p> + +<p class="indent">(<i>a</i>) if the author of any work in which any such +right as <a name="Page_535" id="Page_535"></a><span class="pagenum">[Pg +535]</span>is specified in the first column of the First Schedule to this +Act subsists at the commencement of this Act has, before that date, +assigned the right or granted any interest therein for the whole term of +the right, then at the date when, but for the passing of this Act, the +right would have expired the substituted right conferred by this section +shall, in the absence of express agreement, pass to the author of the +work, and any interest therein created before the commencement of this Act +and then subsisting shall determine; but the person who immediately before +the date at which the right would so have expired was the owner of the +right or interest shall be entitled at his option either—</p> + +<p class="indenti">(i) on giving such notice as hereinafter mentioned, to +an assignment of the right or the grant of a similar interest therein for +the remainder of the term of the right for such consideration as, failing +agreement, may be determined by arbitration; or</p> + +<p class="indenti">(ii) without any such assignment or grant, to continue +to reproduce or perform the work in like manner as theretofore subject to +the payment, if demanded by the author within three years after the date +at which the right would have so expired, of such royalties to the author +as, failing agreement, may be determined by arbitration, or, where the +work is incorporated in a collective work and the owner of the right or +interest is the proprietor of that collective work, without any such +payment;</p> + +<p class="indent">The notice above referred to must be given not more than +one year nor less than six months before the date at which the right would +have so expired, and must be sent by registered post to the author, or, if +he cannot with reasonable diligence be found, advertised in the London +Gazette and in two London newspapers:</p> + +<p class="indent">(<i>b</i>) where any person has, before the twenty-sixth +day <a name="Page_536" id="Page_536"></a><span class="pagenum">[Pg +536]</span>of July nineteen hundred and ten, taken any action whereby he +has incurred any expenditure or liability in connexion with the +reproduction or performance of any work in a manner which at the time was +lawful, or for the purpose of or with a view to the reproduction or +performance of a work at a time when such reproduction or performance +would, but for the passing of this Act, have been lawful, nothing in this +section shall diminish or prejudice any rights or interest arising from or +in connexion with such action which are subsisting and valuable at the +said date, unless the person who by virtue of this section becomes +entitled to restrain such reproduction or performance agrees to pay such +compensation as, failing agreement, may be determined by arbitration.</p> + +<p>(2) For the purposes of this section, the expression "author" includes +the legal personal representatives of a deceased author.</p> + +<p>(3) Subject to the provisions of section nineteen subsections (7) and +(8) and of section thirty-three of this Act, copyright shall not subsist +in any work made before the commencement of this Act, otherwise than +under, and in accordance with, the provisions of this section.</p> + +<p class="center"><i>Application to British Possessions.</i></p> + +<p class="sidenote">Application of Act to British dominions</p> + +<p>25.—(1) This Act, except such of the provisions thereof as are +expressly restricted to the United Kingdom, shall extend throughout His +Majesty's dominions: Provided that it shall not extend to a self-governing +dominion, unless declared by the Legislature of that dominion to be in +force therein either without any modifications or additions, or with such +modifications and additions relating exclusively to procedure and +remedies, or necessary to adapt this Act to the circumstances of the +dominion, as may be enacted by such Legislature.</p> + +<p>(2) If the Secretary of State certifies by notice published in the +London Gazette that any self-governing dominion has passed legislation +under which works, the authors <a name="Page_537" id="Page_537"></a><span +class="pagenum">[Pg 537]</span>whereof were at the date of the making of +the works British subjects resident elsewhere than in the dominion or (not +being British subjects) were resident in the parts of His Majesty's +dominions to which this Act extends, enjoy within the dominion rights +substantially identical with those conferred by this Act, then, whilst +such legislation continues in force, the dominion shall, for the purposes +of the rights conferred by this Act, be treated as if it were a dominion +to which this Act extends; and it shall be lawful for the Secretary of +State to give such a certificate as aforesaid, notwithstanding that the +remedies for enforcing the rights, or the restrictions on the importation +of copies of works, manufactured in a foreign country, under the law of +the dominion, differ from those under this Act.</p> + +<p class="sidenote">Legislative powers of self-governing dominions</p> + +<p>26.—(1) The Legislature of any self-governing dominion may, at +any time, repeal all or any of the enactments relating to copyright passed +by Parliament (including this Act) so far as they are operative within +that dominion: Provided that no such repeal shall prejudicially affect any +legal rights existing at the time of the repeal, and that, on this Act or +any part thereof being so repealed by the Legislature of a self-governing +dominion, that dominion shall cease to be a dominion to which this Act +extends.</p> + +<p>(2) In any self-governing dominion to which this Act does not extend, +the enactments repealed by this Act shall, so far as they are operative in +that dominion, continue in force until repealed by the Legislature of that +dominion.</p> + +<p>(3) Where His Majesty in Council is satisfied that the law of a +self-governing dominion to which this Act does not extend provides +adequate protection within the dominion for the works (whether published +or unpublished) of authors who at the time of the making of the work were +British subjects resident elsewhere than in that dominion, His Majesty in +Council may, for the purpose of giving reciprocal protection, direct that +this Act, except such parts (if any) thereof as may be specified in the +Order, and subject to any conditions contained therein, shall, within the +parts of His Majesty's dominions to which this Act extends, apply to works +the authors whereof were, at the time of the making <a name="Page_538" +id="Page_538"></a><span class="pagenum">[Pg 538]</span>of the work, +resident within the first-mentioned dominion, and to works first published +in that dominion; but, save as provided by such an Order, works the +authors whereof were resident in a dominion to which this Act does not +extend shall not, whether they are British subjects or not, be entitled to +any protection under this Act except such protection as is by this Act +conferred on works first published within the parts of His Majesty's +dominions to which this Act extends:</p> + +<p>Provided that no such Order shall confer any rights within a +self-governing dominion, but the Governor in Council of any self-governing +dominion to which this Act extends, may, by Order, confer within that +dominion the like rights as His Majesty in Council is, under the foregoing +provisions of this subsection, authorised to confer within other parts of +His Majesty's dominions.</p> + +<p>For the purposes of this subsection, the expression "a dominion to +which this Act extends" includes a dominion which is for the purposes of +this Act to be treated as if it were a dominion to which this Act +extends.</p> + +<p class="sidenote">Power of Legislatures of British possessions to pass +supplemental legislation</p> + +<p>27. The Legislature of any British possession to which this Act extends +may modify or add to any of the provisions of this Act in its application +to the possession, but, except so far as such modifications and additions +relate to procedure and remedies, they shall apply only to works the +authors whereof were, at the time of the making of the work, resident in +the possession, and to works first published in the possession.</p> + +<p class="sidenote">Application to protectorates</p> + +<p>28. His Majesty may, by Order in Council, extend this Act to any +territories under his protection and to Cyprus, and, on the making of any +such Order, this Act shall, subject to the provisions of the Order, have +effect as if the territories to which it applies or Cyprus were part of +His Majesty's dominions to which this Act extends.</p> + +<h3><a name="Page_539" id="Page_539"></a><span class="pagenum">[Pg +539]</span> PART II.</h3> + +<p class="center">INTERNATIONAL COPYRIGHT.</p> + +<p class="sidenote">Power to extend Act to foreign works</p> + +<p>29.—(1) His Majesty may, by Order in Council, direct that this +Act (except such parts, if any, thereof as may be specified in the Order) +shall apply—</p> + +<p class="indent">(<i>a</i>) to works first published in a foreign country +to which the Order relates, in like manner as if they were first published +within the parts of His Majesty's dominions to which this Act extends;</p> + +<p class="indent">(<i>b</i>) to literary, dramatic, musical, and artistic +works, or any class thereof, the authors whereof were at the time of the +making of the work subjects or citizens of a foreign country to which the +order relates, in like manner as if the authors were British subjects;</p> + +<p class="indent">(<i>c</i>) in respect of residence in a foreign country +to which the Order relates, in like manner as if such residence were +residence in the parts of His Majesty's dominions to which this Act +extends;</p> + +<p>and thereupon, subject to the provisions of this Part of this Act and +of the Order, this Act shall apply accordingly:</p> + +<p>Provided that—</p> + +<p class="indent">(i) before making an Order in Council under this section +in respect of any foreign country (other than a country with which His +Majesty has entered into a convention relating to copyright), His Majesty +shall be satisfied that that foreign country has made, or has undertaken +to make, such provisions, if any, as it appears to His Majesty expedient +to require for the protection of works entitled to copyright under the +provisions of Part I. of this Act;</p> + +<p class="indent">(ii) the Order in Council may provide that the term of +copyright within such parts of His Majesty's dominions as aforesaid shall +not exceed that conferred by the law of the country to which the Order +relates;</p> + +<p class="indent">(iii) the provisions of this Act as to the delivery of +copies of books shall not apply to works first published <a +name="Page_540" id="Page_540"></a><span class="pagenum">[Pg 540]</span>in +such country, except so far as is provided by the Order;</p> + +<p class="indent">(iv) the Order in Council may provide that the enjoyment +of the rights conferred by this Act shall be subject to the accomplishment +of such conditions and formalities (if any) as may be prescribed by the +Order;</p> + +<p class="indent">(v) in applying the provision of this Act as to +ownership of copyright, the Order in Council may make such modifications +as appear necessary having regard to the law of the foreign country;</p> + +<p class="sidenote">49 & 50 Vict. c. 33.</p> + +<p class="indent">(vi) in applying the provisions of this Act as to +existing works, the Order in Council may make such modifications as appear +necessary, and may provide that nothing in those provisions as so applied +shall be construed as reviving any right of preventing the production or +importation of any translation in any case where the right has ceased by +virtue of section five of the International Copyright Act, 1886.</p> + +<p>(2) An Order in Council under this section may extend to all the +several countries named or described therein.</p> + +<p class="sidenote">Application of Part II. to British possessions</p> + +<p>30.—(1) An Order in Council under this Part of this Act shall +apply to all His Majesty's dominions to which this Act extends except +self-governing dominions and any other possession specified in the order +with respect to which it appears to His Majesty expedient that the Order +should not apply.</p> + +<p>(2) The Governor in Council of any self-governing dominion to which +this Act extends may, as respects that dominion, make the like orders as +under this Part of this Act His Majesty in Council is authorised to make +with respect to His Majesty's dominions other than self-governing +dominions, and the provisions of this Part of this Act shall, with the +necessary modifications, apply accordingly.</p> + +<p>(3) Where it appears to His Majesty expedient to except from the +provisions of any order any part of his dominions not being a +self-governing dominion, it shall be lawful for His Majesty by the same or +any other Order in <a name="Page_541" id="Page_541"></a><span +class="pagenum">[Pg 541]</span>Council to declare that such order and this +Part of this Act do not, and the same shall not, apply to such part, +except so far as is necessary for preventing any prejudice to any rights +acquired previously to the date of such Order.</p> + +<h3>PART III.</h3> + +<p class="center">SUPPLEMENTAL PROVISIONS.</p> + +<p class="sidenote">Abrogation of common law rights</p> + +<p>31. No person shall be entitled to copyright or any similar right in +any literary, dramatic, musical, or artistic work, whether published or +unpublished, otherwise than under and in accordance with the provisions of +this Act, or of any other statutory enactment for the time being in force, +but nothing in this section shall be construed as abrogating any right or +jurisdiction to restrain a breach of trust or confidence.</p> + +<p class="sidenote">Provisions as to Orders in Council</p> + +<p>32.—(1) His Majesty in Council may make Orders for altering, +revoking, or varying any Order in Council made under this Act, or under +any enactments repealed by this Act, but any Order made under this section +shall not affect prejudicially any rights or interests acquired or accrued +at the date when the Order comes into operation, and shall provide for the +protection of such rights and interests.</p> + +<p>(2) Every Order in Council made under this Act shall be published in +the London Gazette and shall be laid before both Houses of Parliament as +soon as may be after it is made, and shall have effect as if enacted in +this Act.</p> + +<p class="sidenote">Saving of university copyright. 15 Geo. 3. c. 53</p> + +<p>33. Nothing in this Act shall deprive any of the universities and +colleges mentioned in the Copyright Act, 1775, of any copyright they +already possess under that Act, but the remedies and penalties for +infringement of any such copyright shall be under this Act and not under +that Act.</p> + +<p class="sidenote">Saving of compensation to certain libraries</p> + +<p>34. There shall continue to be charged on, and paid out of, the +Consolidated Fund of the United Kingdom such annual compensation as was +immediately before the commencement of this Act payable in pursuance of +any Act as compensation to a library for the loss of the right to receive +gratuitous copies of books:</p> + +<p><a name="Page_542" id="Page_542"></a><span class="pagenum">[Pg +542]</span> Provided that this compensation shall not be paid to a library +in any year, unless the Treasury are satisfied that the compensation for +the previous year has been applied in the purchase of books for the use of +and to be preserved in the library.</p> + +<p class="sidenote">Interpretation</p> + +<p>35.—(1) In this Act, unless the context otherwise +requires,—</p> + +<p class="indent">"Literary work" includes maps, charts, plans, tables, +and compilations;</p> + +<p class="indent">"Dramatic work" includes any piece for recitation, +choregraphic work or entertainment in dumb show, the scenic arrangement or +acting form of which is fixed in writing or otherwise, and any +cinematograph production where the arrangement or acting form or the +combination of incidents represented give the work an original +character;</p> + +<p class="indent">"Artistic work" includes works of painting, drawing, +sculpture and artistic craftsmanship, and architectural works of art and +engravings and photographs;</p> + +<p class="indent">"Work of sculpture" includes casts and models;</p> + +<p class="indent">"Architectural work of art" means any building or +structure having an artistic character or design, in respect of such +character or design, or any model for such building or structure, provided +that the protection afforded by this Act shall be confined to the artistic +character and design, and shall not extend to processes or methods of +construction;</p> + +<p class="indent">"Engravings" include etchings, lithographs, woodcuts, +prints, and other similar works, not being photographs;</p> + +<p class="indent">"Photograph" includes photo-lithograph and any work +produced by any process analogous to photography;</p> + +<p class="indent">"Cinematograph" includes any work produced by any +process analogous to cinematography;</p> + +<p class="indent">"Collective work" means—</p> + +<p class="indenti">(<i>a</i>) an encyclopædia, dictionary, year book, or +similar work;</p> + +<p class="indenti">(<i>b</i>) a newspaper, review, magazine, or similar +periodical; and</p> + +<p class="indenti"><a name="Page_543" id="Page_543"></a><span +class="pagenum">[Pg 543]</span> (<i>c</i>) any work written in distinct +parts by different authors, or in which works or parts of works of +different authors are incorporated;</p> + +<p class="indent">"Infringing," when applied to a copy of a work in which +copyright subsists, means any copy, including any colourable imitation, +made, or imported in contravention of the provisions of this Act;</p> + +<p class="indent">"Performance" means any acoustic representation of a +work and any visual representation of any dramatic action in a work, +including such a representation made by means of any mechanical +instrument;</p> + +<p class="indent">"Delivery," in relation to a lecture, includes delivery +by means of any mechanical instrument;</p> + +<p class="indent">"Plate" includes any stereotype or other plate, stone, +block, mould, matrix, transfer, or negative used or intended to be used +for printing or reproducing copies of any work, and any matrix or other +appliance by which records, perforated rolls or other contrivances for the +acoustic representation of the work are or are intended to be made;</p> + +<p class="indent">"Lecture" includes address, speech, and sermon;</p> + +<p class="indent">"Self-governing dominion" means the Dominion of Canada, +the Commonwealth of Australia, the Dominion of New Zealand, the Union of +South Africa, and Newfoundland.</p> + +<p>(2) For the purposes of this Act (other than those relating to +infringements of copyright), a work shall not be deemed to be published or +performed in public, and a lecture shall not be deemed to be delivered in +public, if published, performed in public, or delivered in public, without +the consent or acquiescence of the author, his executors administrators or +assigns.</p> + +<p>(3) For the purposes of this Act, a work shall be deemed to be first +published within the parts of His Majesty's dominions to which this Act +extends, notwithstanding that it has been published simultaneously in some +other place, unless the publication in such parts of His Majesty's +dominions as aforesaid is colourable only and is not intended to satisfy +the reasonable requirements of the public, and a <a name="Page_544" +id="Page_544"></a><span class="pagenum">[Pg 544]</span>work shall be +deemed to be published simultaneously in two places if the time between +the publication in one such place and the publication in the other place +does not exceed fourteen days, or such longer period as may, for the time +being, be fixed by Order in Council.</p> + +<p>(4) Where, in the case of an unpublished work, the making of a work has +extended over a considerable period, the conditions of this Act conferring +copyright shall be deemed to have been complied with, if the author was, +during any substantial part of that period, a British subject or a +resident within the parts of His Majesty's dominions to which this Act +extends.</p> + +<p>(5) For the purposes of the provisions of this Act as to residence, an +author of a work shall be deemed to be a resident in the parts of His +Majesty's dominions to which this Act extends if he is domiciled within +any such part.</p> + +<p class="sidenote">Repeal</p> + +<p>36. Subject to the provisions of this Act, the enactments mentioned in +the Second Schedule to this Act are hereby repealed to the extent +specified in the third column of that schedule:</p> + +<p>Provided that this repeal shall not take effect in any part of His +Majesty's dominions until this Act comes into operation in that part.</p> + +<p class="sidenote">Short title and commencement</p> + +<p>37.—(1) This Act may be cited as the Copyright Act, 1911.</p> + +<p>(2) This Act shall come into operation—</p> + +<p class="indent">(<i>a</i>) in the United Kingdom, on the first day of +July nineteen hundred and twelve or such earlier date as may be fixed by +Order in Council;</p> + +<p class="indent">(<i>b</i>) in a self-governing dominion to which this +Act extends, at such date as may be fixed by the Legislature of that +dominion;</p> + +<p class="indent">(<i>c</i>) in the Channel Islands, at such date as may +be fixed by the States of those islands respectively;</p> + +<p class="indent">(<i>d</i>) in any other British possession to which this +Act extends, on the proclamation thereof within the possession by the +Governor.</p> + +<p><a name="Page_545" id="Page_545"></a><span class="pagenum">[Pg +545]</span></p> + +<h3>FIRST SCHEDULE.</h3> + +<p class="center">EXISTING RIGHTS.</p> + +<table class="narrower" summary="Existing Rights"> + +<tr><td colspan="2"><hr /></td></tr> + +<tr><td class="center">EXISTING RIGHT.</td> +<td class="center">SUBSTITUTED RIGHT.</td></tr> + +<tr><td colspan="2"><hr /></td></tr> + +<tr><td class="center" colspan="2"><i>(a) In the case of Works other than +Dramatic and Musical Works.</i></td></tr> + +<tr><td class="left">Copyright.</td><td class="left">Copyright as defined +by this Act.<a name= "fnanchor_3" id= "fnanchor_3"></a><a href= +"#footnote_3" class= "fnanchor">[3]</a></td></tr> + +<tr><td class="center" colspan="2"><i>(b) In the case of Musical and +Dramatic Works.</i></td></tr> + +<tr><td class="left">Both copyright and performing right.</td> +<td class="left">Copyright as defined by this Act.</td></tr> + +<tr><td class="left">Copyright, but not performing right.</td><td +class="left">Copyright as defined by this Act,<br /> except the sole +rightto perform<br />the work or any substantial part thereof in +public.</td></tr> + +<tr><td class="left">Performing right, but not copyright.</td><td +class="left">The sole right to perform the<br /> work in public, but none +of the<br />other rights comprised in copyright<br />as defined by this +Act.</td></tr> + +<tr><td colspan="2"><hr /></td></tr> + +</table> + +<p>For the purposes of this Schedule the following expressions, where used +in the first column thereof, have the following meanings:—</p> + +<p class="indent">"Copyright," in the case of a work which according to +the law in force immediately before the commencement of this Act has not +been published before that date and statutory copyright wherein depends on +publication, includes the right at common law (if any) to restrain +publication or other dealing with the work;</p> + +<p class="indent">"Performing right," in the case of a work which has not +been performed in public before the commencement of this Act, includes the +right at common law (if any) to restrain the performance thereof in +public. </p> + +<p class="footnote"> <a name="footnote_3" id="footnote_3"></a> +<a href="#fnanchor_3">[3]</a> +In the case of an essay, article, or portion forming part of and first +published in a review, magazine, or other periodical or work of a like +nature, the right shall be subject to any right of publishing the essay, +article, or portion in a separate form to which the author is entitled at +the commencement of this Act, or would if this Act had not been passed +have become entitled under section eighteen of the Copyright Act, +1842.</p> + +<p><a name="Page_546" id="Page_546"></a><span class="pagenum">[Pg +546]</span></p> + +<h3>SECOND SCHEDULE.</h3> + +<p class="center">ENACTMENTS REPEALED.</p> + +<table class="narrower" summary="Enactments Repealed"> + +<tr><td colspan="3"><hr /></td></tr> + +<tr><td class="center">SESSION AND<br />CHAPTER.</td> +<td class="center">SHORT TITLE.</td> +<td class="center">EXTENT OF REPEAL.</td></tr> + +<tr><td colspan="3"><hr /></td></tr> + +<tr><td class="left">8 Geo. 2. c. 13.</td> +<td class="left">The Engraving Copyright Act, 1734.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">7 Geo. 3. c. 38.</td> +<td class="left">The Engraving Copyright Act, 1767.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">15 Geo. 3. c. 53.</td> +<td class="left">The Copyright Act, 1775.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">17 Geo. 3. c. 57.</td> +<td class="left">The Prints Copyright Act, 1777.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">54 Geo. 3. c. 56.</td> +<td class="left">The Sculpture Copyright Act, 1814.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">3 & 4 Will. 4. c. 15.</td> +<td class="left">The Dramatic Copyright Act, 1833.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">5 & 6 Will. 4. c. 65.</td> +<td class="left">The Lectures Copyright Act, 1835.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">6 & 7 Will. 4. c. 59.</td> +<td class="left">The Prints and Engravings Copyright (Ireland) Act, +1836.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">6 & 7 Will. 4. c. 110.</td> +<td class="left">The Copyright Act, 1836.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">5 & 6 Vict. c. 45.</td> +<td class="left">The Copyright Act, 1842.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">7 & 8 Vict. c. 12.</td> +<td class="left">The International Copyright Act, 1844.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">10 & 11 Vict. c. 95.</td> +<td class="left">The Colonial Copyright Act, 1847.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">15 & 16 Vict. c. 12.</td> +<td class="left">The International Copyright Act, 1852.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">25 & 26 Vict. c. 68.</td> +<td class="left">The Fine Arts Copyright Act, 1862.</td> +<td class="left">Sections one to six. In section eight the words "and +pursuant to any Act for the protection of copyright engravings." Sections +nine to twelve.</td></tr> + +<tr><td class="left">38 & 39 Vict. c. 12.</td> +<td class="left">The International Copyright Act, 1875.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">39 & 40 Vict. c. 36.</td> +<td class="left">The Customs Consolidation Act, 1876.</td> +<td class="left">Section forty-two, from "Books wherein" to "such +copyright will expire." Sections forty-four, forty-five and one hundred +and fifty-two.</td></tr> + +<tr><td class="left">45 & 46 Vict. c. 40.</td> +<td class="left">The Copyright (Musical Compositions) Act, 1882.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left"><a name="Page_547" id="Page_547"></a><span +class="pagenum">[Pg 547]</span>49 & 50 Vict. c. 33.</td> +<td class="left">The International Copyright Act, 1886.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">51 & 52 Vict. c. 17.</td> +<td class="left">The Copyright (Musical Compositions) Act, 1888.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">52 & 53 Vict. c. 42.</td> +<td class="left">The Revenue Act, 1889.</td> +<td class="left">Section one, from "Books first published" to "as provided +in that section."</td></tr> + +<tr><td class="left">6 Edw. 7. c. 36.</td> +<td class="left">The Musical Copyright Act, 1906.</td> +<td class="left">In section three the words "and which has been registered +in accordance with the provisions of the Copyright Act, 1842, or of the +International Copyright Act, 1844, which registration may be effected +notwithstanding anything in the International Copyright Act, +1886."</td></tr> + +<tr><td colspan="3"><hr /></td></tr> +</table> + +<p><a name="Page_548" id="Page_548"></a><span class="pagenum">[Pg +548]</span></p> + +<h3><i>6a.</i> FINE ARTS COPYRIGHT ACT, 1862</h3> + +<p class="center">[<i>Unrepealed Sections</i>]</p> + +<p class="center smaller">(25 & 26 VICTORIA, CHAPTER 68)</p> + +<p class="sidenote">Penalties on fraudulent Productions and Sales</p> + +<p>VII. No Person shall do or cause to be done any or either of the +following Acts; that is to say,</p> + +<p class="indent">First, no Person shall fraudulently sign or otherwise +affix, or fraudulently cause to be signed or otherwise affixed, to or upon +any Painting, Drawing, or Photograph, or the Negative thereof, any Name, +Initials, or Monogram:</p> + +<p class="indent">Secondly, no Person shall fraudulently sell, publish, +exhibit, or dispose of, or offer for Sale, Exhibition, or Distribution, +any Painting, Drawing, or Photograph, or Negative of a Photograph, having +thereon the Name, Initials, or Monogram of a Person who did not execute or +make such Work:</p> + +<p class="indent">Thirdly, no Person shall fraudulently utter, dispose of, +or put off, or cause to be uttered or disposed of, any Copy or colourable +Imitation of any Painting, Drawing, or Photograph, or Negative of a +Photograph, whether there shall be subsisting Copyright therein or not, as +having been made or executed by the Author or Maker of the original Work +from which such Copy or Imitation shall have been taken:</p> + +<p class="indent">Fourthly, where the Author or Maker of any Painting, +Drawing, or Photograph, or Negative of a Photograph, made either before or +after the passing of this Act, shall have sold or otherwise parted with +the Possession of such Work, if any Alteration shall afterwards be made +therein by any other Person, by Addition or otherwise, no Person shall be +at liberty, during the Life of the Author or Maker of such Work, without +his Consent, to make or knowingly to sell or publish, or offer for Sale, +such Work or any Copies of such Work so altered as aforesaid, <a +name="Page_549" id="Page_549"></a><span class="pagenum">[Pg 549]</span> or +of any Part thereof, as or for the unaltered Work of such Author or +Maker:</p> + +<p class="sidenote">Penalties</p> + +<p>Every Offender under this Section shall, upon Conviction, forfeit to +the Person aggrieved a Sum not exceeding Ten Pounds, or not exceeding +double the full Price, if any, at which all such Copies, Engravings, +Imitations, or altered Works shall have been sold or offered for Sale; and +all such Copies, Engravings, Imitations, or altered Works shall be +forfeited to the Person, or the Assigns or legal Representatives of the +Person, whose Name, Initials, or Monogram shall be so fraudulently signed +or affixed thereto, or to whom such spurious or altered Work shall be so +fraudulently or falsely ascribed as aforesaid: Provided always, that the +Penalties imposed by this Section shall not be incurred unless the Person +whose Name, Initials, or Monogram shall be so fraudulently signed or +affixed, or to whom such spurious or altered Work shall be so fraudulently +or falsely ascribed as aforesaid, shall have been living at or within +Twenty Years next before the Time when the Offence may have been +committed.</p> + +<p class="sidenote">Recovery of pecuniary Penalties</p> + +<p>VIII. All pecuniary Penalties which shall be incurred, and all such +unlawful Copies, Imitations, and all other Effects and Things as shall +have been forfeited by Offenders, pursuant to this Act, may be recovered +by the Person hereinbefore and in any such Acts as aforesaid empowered to +recover the same respectively, and hereinafter called the Complainant or +the Complainer, as follows:</p> + +<p class="sidenote">In England and Ireland</p> + +<p class="indent"> In England and Ireland, either by Action against the +Party offending, or by summary Proceeding before any Two Justices having +Jurisdiction where the Party offending resides:</p> + +<p class="sidenote">In Scotland</p> + +<p class="indent">In Scotland by Action before the Court of Session in +ordinary Form, or by summary Action before the Sheriff of the County where +the Offence may be committed or the Offender resides, and any Judgment so +to be pronounced by the Sheriff in such summary Application shall be final +and conclusive, and not subject to Review by Suspension, Reduction, or +otherwise.</p> + +<p class="p2"><a name="Page_550" id="Page_550"></a><span +class="pagenum">[Pg 550]</span></p> + +<h3><i>6b.</i> MUSICAL (SUMMARY PROCEEDINGS) COPYRIGHT ACT, 1902</h3> + +<p class="center">[<i>Unrepealed</i>]</p> + +<p class="center smaller">(2 EDWARD VII., CHAPTER 15)</p> + +<p class="center"><span class="smcap">An Act to amend the Law relating to +Musical Copyright</span>. [22d <span class="smcap">July</span>, 1902.]</p> + +<p>Be it enacted by the King's most Excellent Majesty, by and with the +advice and consent of the Lords Spiritual and Temporal, and Commons, in +this present Parliament assembled, and by the authority of the same, as +follows:</p> + +<p class="sidenote">Seizure, etc.; of pirated copies</p> + +<p>1. A court of summary jurisdiction, upon the application of the owner +of the copyright in any musical work, may act as follows: If satisfied by +evidence that there is reasonable ground for believing that pirated copies +of such musical work are being hawked, carried about, sold, or offered for +sale, may, by order, authorize a constable to seize such copies without +warrant and to bring them before the court, and the court, on proof that +the copies are pirated, may order them to be destroyed or to be delivered +up to the owner of the copyright if he makes application for that +delivery.</p> + +<p class="sidenote">Power to seize copies on hawkers</p> + +<p>2. If any person shall hawk, carry about, sell or offer for sale any +pirated copy of any musical work, every such pirated copy may be seized by +any constable without warrant, on the request in writing of the apparent +owner of the copyright in such work, or of his agent thereto authorised in +writing, and at the risk of such owner.</p> + +<p>On seizure of any such copies, they shall be conveyed by such constable +before a court of summary jurisdiction, and, on proof that they are +infringements of copyright, shall be forfeited or destroyed, or otherwise +dealt with as the court may think fit.</p> + +<p class="sidenote">Definitions</p> + +<p>3. "Musical copyright" means the exclusive right of the owner of such +copyright under the Copyright Acts in force for the time being to do or to +authorise another person to <a name="Page_551" id="Page_551"></a><span +class="pagenum">[Pg 551]</span>do all or any of the following things in +respect of a musical work:</p> + +<p>(1) To make copies by writing or otherwise of such musical work.</p> + +<p>(2) To abridge such musical work.</p> + +<p>(3) To make any new adaptation, arrangement, or setting of such musical +work, or of the melody thereof, in any notation or system.</p> + +<p>"Musical work" means any combination of melody and harmony, or either +of them, printed, reduced to writing or otherwise graphically produced or +reproduced.</p> + +<p>"Pirated musical work" means any musical work written, printed, or +otherwise reproduced, without the consent lawfully given by the owner of +the copyright in such musical work.</p> + +<p class="sidenote">Short title and commencement</p> + +<p>4. This Act may be cited as The Musical (Summary Proceedings) Copyright +Act, 1902, and shall come into operation on the first day of October one +thousand nine hundred and two, and shall apply only to the United +Kingdom.</p> + +<p class="p2"><a name="Page_552" id="Page_552"></a><span +class="pagenum">[Pg 552]</span></p> + +<h3><i>6c.</i> MUSICAL COPYRIGHT ACT, 1906</h3> + +<p class="center">[<i>Unrepealed</i>]</p> + +<p class="center smaller">(6 EDWARD VII., CHAPTER 36)</p> + +<p class="center"><span class="smcap">An Act to amend the Law relating to +Musical Copyright</span>. [<span class="smcap">4th August, +1906.</span>]</p> + +<p class="sidenote">A. D. 1906</p> + +<p>Be it enacted by the King's most Excellent Majesty, by and with the +advice and consent of the Lords Spiritual and Temporal, and Commons, in +this present Parliament assembled, and by the authority of the same, as +follows:—</p> + +<p class="sidenote">Penalty for being in possession of pirated music</p> + +<p>1.—(1) Every person who prints, reproduces, or sells, or exposes, +offers, or has in his possession for sale, any pirated copies of any +musical work, or has in his possession any plates for the purpose of +printing or reproducing pirated copies of any musical work, shall (unless +he proves that he acted innocently) be guilty of an offence punishable on +summary conviction, and shall be liable to a fine not exceeding five +pounds, and on a second or subsequent conviction to imprisonment with or +without hard labour for a term not exceeding two months or to a fine not +exceeding ten pounds: Provided that a person convicted of an offence under +this Act who has not previously been convicted of such an offence, and who +proves that the copies of the musical work in respect of which the offence +was committed had printed on the title-page thereof a name and address +purporting to be that of the printer or publisher, shall not be liable to +any penalty under this Act unless it is proved that the copies were to his +knowledge pirated copies.</p> + +<p class="sidenote">Constable may take into custody without warrant</p> + +<p>(2) Any constable may take into custody without warrant any person who +in any street or public place sells or exposes, offers, or has in his +possession for sale any pirated copies of any such musical work as may be +specified in any general written authority addressed to the chief officer +of police, and signed by the apparent owner of the copyright in such work +or his agent thereto authorised in writing, requesting the arrest, at the +risk of such owner, of all persons found committing offences under this +section in <a name="Page_553" id="Page_553"></a><span class="pagenum">[Pg +553]</span>respect to such work, or who offers for sale any pirated copies +of any such specified musical work by personal canvass or by personally +delivering advertisements or circulars.</p> + +<p>(3) A copy of every written authority addressed to a chief officer of +police under this section shall be open to inspection at all reasonable +hours by any person without payment of any fee, and any person may take +copies of or make extracts from any such authority.</p> + +<p>(4) Any person aggrieved by a summary conviction under this section may +in England or Ireland appeal to a court of quarter sessions, and in +Scotland under and in terms of the Summary Prosecutions Appeals (Scotland) +Act, 1875.</p> + +<p class="sidenote">38 & 39 Vict. c. 62<br /> + +Right of entry by police for execution of Act</p> + +<p>2.—(1) If a court of summary jurisdiction is satisfied by +information on oath that there is reasonable ground for suspecting that an +offence against this Act is being committed on any premises, the court may +grant a search warrant authorising the constable named therein to enter +the premises between the hours of six of the clock in the morning and nine +of the clock in the evening, and, if necessary, to use force for making +such entry, whether by breaking open doors or otherwise, and to seize any +copies of any musical work or any plates in respect of which he has +reasonable ground for suspecting that an offence against this Act is being +committed.</p> + +<p>(2) All copies of any musical work and plates seized under this section +shall be brought before a court of summary jurisdiction, and if proved to +be pirated copies or plates intended to be used for the printing or +reproduction of pirated copies shall be forfeited and destroyed or +otherwise dealt with as the court think fit.</p> + +<p class="sidenote">Definitions</p> + +<p>3. In this Act—</p> + +<p class="sidenote">"Pirated copies"</p> + +<p class="indent">The expression "pirated copies" means any copies of any +musical work written, printed, or otherwise reproduced without the consent +lawfully given by the owner of the copyright in such musical work:</p> + +<p class="sidenote">"Musical work"</p> + +<p class="indent">The expression "musical work" means a musical work in +which there is a subsisting copyright:</p> + +<p class="sidenote">"Plates"</p> + +<p class="indent">The expression "plates" includes any stereotype or other +<a name="Page_554" id="Page_554"></a><span class="pagenum">[Pg +554]</span>plates, stones, matrices, transfers, or negatives used or +intended to be used for printing or reproducing copies of any musical +work: Provided that the expressions "pirated copies" and "plates" shall +not, for the purposes of this Act, be deemed to include perforated music +rolls used for playing mechanical instruments, or records used for the +reproduction of sound waves, or the matrices or other appliances by which +such rolls or records respectively are made:</p> + +<p class="sidenote">"Chief officer of police"</p> + +<p class="indent">The expression "chief officer of police"—</p> + +<p class="indenti">(<i>a</i>) with respect to the City of London, means +the Commissioner of City Police;</p> + +<p class="sidenote">53 & 54 Vict. c. 45</p> + +<p class="indenti">(<i>b</i>) elsewhere in England has the same meaning as +in the Police Act, 1890;</p> + +<p class="sidenote">53 & 54 Vict. c. 67</p> + +<p class="indenti">(<i>c</i>) in Scotland has the same meaning as in the +Police (Scotland) Act, 1890;</p> + +<p class="indenti">(<i>d</i>) in the police district of Dublin metropolis +means either of the Commissioners of Police for the said district;</p> + +<p class="indenti">(<i>e</i>) elsewhere in Ireland means the District +Inspector of the Royal Irish Constabulary:</p> + +<p class="sidenote">"Court of summary jurisdiction"</p> + +<p class="indent">The expression "court of summary jurisdiction" in +Scotland means the sheriff or any magistrate of any royal, parliamentary, +or police burgh officiating under the provisions of any local or general +police Act.</p> + +<p class="sidenote">Short title</p> + +<p>4. This Act may be cited as the Musical Copyright Act, 1906.</p> + +<p class="p2"><a name="Page_555" id="Page_555"></a><span +class="pagenum">[Pg 555]</span></p> + +<h3>7. CANADIAN COPYRIGHT MEASURE, 1911</h3> + +<p class="center"><span class="smcap">An Act Respecting +Copyright</span></p> + +<p class="sidenote">Short title</p> + +<p>1. This Act may be cited as <i>The Copyright Act, 1911</i>.</p> + +<p class="center">INTERPRETATION</p> + +<p class="sidenote">Definitions:</p> + +<p>2. In this Act, unless the context otherwise requires,—</p> + +<p class="sidenote">"Minister"</p> + +<p class="indent">"Minister" means the Minister of Agriculture;</p> + +<p class="sidenote">"Department"</p> + +<p class="indent">"Department" means the Department of Agriculture;</p> + +<p class="sidenote">"Legal representatives"</p> + +<p class="indent">"legal representatives" includes heirs, executors, +administrators and assigns, or other legal representatives;</p> + +<p class="sidenote">"Literary" and other works</p> + +<p class="indent">"literary work" includes maps, charts, plans, and +tables;</p> + +<p class="indent">"dramatic work" includes any piece for recitation, +choregraphic work or entertainment in dumb show, the scenic arrangement or +acting form of which is fixed in writing or otherwise, and any +cinematograph production where the arrangement or acting form or the +combination of incidents represented give the work an original +character;</p> + +<p class="indent">"literary work," "dramatic work" and "musical work" +includes records, perforated rolls or other contrivances by means of which +a work may be mechanically performed or delivered;</p> + +<p class="indent">"artistic work" includes works of painting, drawing, +sculpture and artistic craftsmanship, and architectural works of art, and +engravings and photographs;</p> + +<p class="indent">"work of sculpture" includes casts and models;</p> + +<p class="indent">"architectural work of art" means any building or +structure having an artistic character or design, in respect of such +character or design, but not in respect of the processes or methods of its +construction;</p> + +<p class="sidenote">"Engravings"</p> + +<p class="indent">"engravings" include etchings, lithographs, woodcuts, +prints and other similar works, not being photographs;</p> + +<p class="sidenote">"Photograph"</p> + +<p class="indent">"photograph" includes photo-lithograph and any work +produced by any process analogous to photography; </p> + +<p class="sidenote"> "Cinematograph"</p> + +<p class="indent"><a name="Page_556" id="Page_556"></a><span +class="pagenum">[Pg 556]</span>"cinematograph" includes any work produced +by any process analogous to cinematography;</p> + +<p class="sidenote">"Pirated"</p> + +<p class="indent">"pirated," when applied to a copy of a work in which +copyright subsists, means any copy made without the consent or +acquiescence of the owner of the copyright, or imported contrary to this +Act;</p> + +<p class="sidenote">"Publication"</p> + +<p class="indent">"publication" means the issue of copies to the public +and does not include the performance in public of a dramatic or musical +work, the delivery in public of a lecture, the exhibition in public of an +artistic work, or the construction of an architectural work of art;</p> + +<p class="sidenote">"Performance"</p> + +<p class="indent">"performance" means any acoustic representation of a +work and any visual representation of any dramatic action in a work, +including such a representation made by means of any mechanical +instrument;</p> + +<p class="sidenote">"Delivery"</p> + +<p class="indent">"delivery," in relation to a lecture, includes delivery +by means of any mechanical instrument;</p> + +<p class="sidenote">"Plate"</p> + +<p class="indent">"plate" includes any stereotype or other plate, stone, +matrix, transfer, or negative used or intended to be used for printing or +reproducing copies of any work, and any matrix or other appliance by which +records, perforated rolls or other contrivance for the acoustic +representation of the work are made or intended to be made;</p> + +<p class="sidenote">"Lecture"</p> + +<p class="indent">"lecture" includes address, speech and sermon;</p> + +<p class="sidenote">"Copyright"</p> + +<p class="indent">"copyright" means the sole right to produce or reproduce +any original literary, dramatic, musical or artistic work or any +substantial part thereof in any material form whatsoever and in any +language; to perform, or in the case of a lecture to deliver, the work or +any substantial part thereof in public; if the work is unpublished, to +publish the work; and shall include the sole right,—</p> + +<p class="indent">(<i>a</i>) in the case of a dramatic work, to convert it +into a novel or other non-dramatic work;</p> + +<p class="indent">(<i>b</i>) in the case of a novel or other non-dramatic +work, to convert it into a dramatic work, either by way of multiplication +of copies of by way of performance in public;</p> + +<p class="indent"><a name="Page_557" id="Page_557"></a><span +class="pagenum">[Pg 557]</span> (<i>c</i>) in the case of a literary, +dramatic or musical work, to make any record, perforated roll or other +contrivance by means of which the work may be mechanically performed, and +to authorize any such acts as aforesaid.</p> + +<p class="sidenote">Publication, performance or delivery in public</p> + +<p>(2.) For the purposes of this Act (other than those relating to +infringements of copyright), a work shall not be deemed to be published or +performed in public, and a lecture shall not be deemed to be delivered in +public, if published, performed in public or delivered in public without +the consent or acquiescence of the person entitled to authorize its +publication, performance in public or delivery in public.</p> + +<p class="sidenote">Simultaneous publication</p> + +<p>(3.) For the purposes of this Act a work shall be deemed to be first +published in Canada, notwithstanding that it has been published +simultaneously in some other country, unless the publication in Canada is +colourable only and is not intended to satisfy the reasonable requirements +of the public, and a work shall be deemed to be published simultaneously +in two countries if the time between the publication in one such country +and the publication in the other country does not exceed fourteen +days.</p> + +<p class="sidenote">Copyright to bona fide resident</p> + +<p>(4.) Where the making of a work has extended over a considerable period +the conditions of this Act conferring copyright shall be deemed to have +been complied with if the author was, during any substantial part of that +period, a bona fide resident of Canada.</p> + +<p class="center">CONDITIONS OF COPYRIGHT</p> + +<p class="sidenote">Conditions of copyright in Canada</p> + +<p>3. Subject to the provisions of this Act, copyright shall subsist in +Canada for the term hereinafter mentioned in every original literary, +dramatic, musical and artistic work the author whereof was, at the date of +the making of the work, a bona fide resident of Canada, but in no other +works except so far as the protection conferred by this act is extended by +order in council thereunder.</p> + +<p class="sidenote">Notice of copyright—</p> + +<p>(2.) Every copy of a work published in Canada shall be printed or made +in Canada, and shall bear notice of copyright<span +style="white-space:nowrap;">—</span></p> + +<p class="sidenote"> Of books, engravings, photographs, maps, etc.</p> + +<p class="indent"><a name="Page_558" id="Page_558"></a><span +class="pagenum">[Pg 558]</span>(<i>a</i>) if the work is a book or other +printed publication, on the title-page or on the page immediately +following; or,</p> + +<p class="indent">(<i>b</i>) if the work is a literary work (other than a +book, or other printed publication), or a musical work, engraving, +photograph or cinematograph, on the face thereof; or,</p> + +<p class="indent">(<i>c</i>) if the work is a volume of maps, charts, +plans, tables, music, engravings or photographs, on the title-page or +first page thereof:</p> + +<p>in the words "Copyright, Canada, 19__, by A. B."</p> + +<p class="sidenote">Of paintings, sculpture, etc.</p> + +<p>(3.) Every painting, drawing or work of sculpture published in Canada +shall be made in Canada, and the signature of the author shall be notice +of copyright.</p> + +<p class="center">INFRINGEMENT</p> + +<p class="sidenote">Infringement of copyright</p> + +<p>4. Copyright in a work shall be deemed to be infringed by any person +who, without the consent of the owner of the copyright, does anything the +sole right to do which is by this Act conferred on the owner of the +copyright: Provided that the following acts shall not constitute an +infringement of copyright;—</p> + +<p class="sidenote">Exceptions</p> + +<p class="indent">(i) any fair dealing with any work for the purposes of +private study, research, criticism or review;</p> + +<p class="indent">(ii) where the author of an artistic work is not the +owner of the copyright therein, the use by the author of any mould, cast, +sketch, plan, model or study made by him for the purpose of the work, +provided that he does not thereby repeat or imitate the main design of the +work;</p> + +<p class="indent">(iii) the making of paintings, drawings, engravings or +photographs of a work of sculpture or artistic craftsmanship, if situate +in a public place or building, or the making of paintings, drawings, +engravings or photographs (which are not in the nature of architectural +drawings or plans) of any architectural work of art;</p> + +<p class="indent">(iv) the publication in a newspaper of a report of a +lecture delivered in public, unless the report is prohibited by notice +given either—</p> + +<p class="indenti">(<i>a</i>) orally, at the beginning of the lecture, or, +if the lecture is one of a series of lectures given by the <a +name="Page_559" id="Page_559"></a><span class="pagenum">[Pg +559]</span>same lecturer on the same subject at the same place, at the +beginning of the first lecture of the series; or</p> + +<p class="indenti">(<i>b</i>) by a conspicuous written or printed notice +affixed, before the lecture, or the first lecture of the series, is given, +on the entrance doors of the building in which the lecture or series of +lectures is given, or in a place near the lecturer.</p> + +<p class="indent">(v) the representing of any scene or object, +notwithstanding that there may be copyright in some other representation +of such scene or object.</p> + +<p class="sidenote">Infringement by sale, etc.</p> + +<p>(2.) Copyright in a work shall also be deemed to be infringed by any +person who sells or lets for hire, or exposes, offers or has in his +possession for sale or hire, or distributes or exhibits in public, or +imports for sale or hire into Canada, any work which to his knowledge +infringes copyright or would infringe copyright if it had been made in +Canada.</p> + +<p class="sidenote">Infringement by public performance</p> + +<p>(3.) Copyright in a work shall also be deemed to be infringed by any +person who for private profit permits a theatre or other place of +entertainment to be used for the performance in public of the work without +the consent of the owner of the copyright, unless he proves that he acted +innocently.</p> + +<p class="center">TERM OF COPYRIGHT</p> + +<p class="sidenote">Term of copyright</p> + +<p>5. The term for which copyright shall subsist, shall, except as +otherwise provided by this Act, be the life of the author and a period of +fifty years after his death unless previously determined by first +publication elsewhere than in Canada, except as otherwise provided by this +Act, or by failure to comply with any other requirement of this Act.</p> + +<p class="center">LICENSES TO REPUBLISH</p> + +<p class="sidenote">License to republish or perform work in public granted +by Minister upon petition</p> + +<p>6. If, at any time after a work has been published or performed in +public, a petition is presented to the Minister by any person interested, +alleging that, by reason of the withholding of the work from the public or +of the price charged for copies of the work or for the right to perform +the work in public, the reasonable requirements of the public with respect +to the work are not satisfied, and praying for the grant of a license to +reproduce the work or perform the <a name="Page_560" +id="Page_560"></a><span class="pagenum">[Pg 560]</span>work in public, the +Minister shall consider the petition, and of, after inquiry, he is +satisfied that the allegations contained therein are correct, and if +within a reasonable time no remedy is provided by the owner of the +copyright, he may grant to the petitioner a license to reproduce or +perform the work in public in Canada on such terms as respects price and +payment of royalties to the owner of the copyright in the work, and +otherwise, as the Minister thinks fit.</p> + +<p class="sidenote">Appeal</p> + +<p>(2.) Any decision of the Minister under this section shall be subject +to appeal to the Exchequer Court of Canada, and the decision of that court +shall be final.</p> + +<p class="sidenote">Ownership of copyright</p> + +<p class="center">OWNERSHIP AND ASSIGNMENT OF COPYRIGHT</p> + +<p>7. Subject to the provisions of this Act, the author of a work shall be +the first owner of the copyright therein:</p> + +<p>Provided that—</p> + +<p class="indent">(<i>a</i>) where in the case of an engraving, photograph +or portrait the work was ordered by some other person and was made for +valuable consideration in pursuance of that order, then, in the absence of +any agreement in writing to the contrary the person by whom the work was +ordered shall be the first owner of the copyright;</p> + +<p class="indent">(<i>b</i>) where the author was in the employment of +some other person and the work was made in the course of his employment by +that person, the person by whom the author was employed shall, in the +absence of any agreement to the contrary, be the first owner of the +copyright.</p> + +<p class="sidenote">Assignment of copyright</p> + +<p>(2.) The owner of the copyright in any work may assign the right, +either wholly or partially, and either generally or subject to limitations +to any particular place, and either for the whole term of the copyright or +any part thereof, and may grant any interest in the right by license, but +no such assignment or grant shall be valid unless it is in writing signed +by the owner of the right in respect of which the assignment or grant is +made, or by his duly authorized agent.</p> + +<p class="sidenote"> Registration of assignment or license</p> + +<p><a name="Page_561" id="Page_561"></a><span class="pagenum">[Pg +561]</span>(3.) Any grant of an interest in a copyright, either by +assignment or license, shall be adjudged void against any subsequent +assignee or licensee for valuable consideration without actual notice +unless such assignment or license is registered in the manner directed by +this Act before the registering of the instrument under which the +subsequent assignee or licensee claims.</p> + +<p class="sidenote">Duplicate copies</p> + +<p>(4.) For the purposes of this Act as to registration, any grant of an +interest in a copyright, either by way of assignment or license, shall be +made in duplicate.</p> + +<p class="sidenote">Application for registration</p> + +<p>(5.) Application for registration of a grant of any interest in a +copyright, either by way of assignment or license, shall be made by +production of both duplicates to the Department and payment of the +prescribed fee. One duplicate shall be retained at the Department and the +other shall be returned to the person depositing it, with a certificate of +registration.</p> + +<p class="sidenote">Assignee or licensee must comply with Act</p> + +<p>(6.) Subject to the provisions of this Act the grant of an interest in +a copyright, either by assignment or license, shall be void unless the +assignee or licensee, at the time such grant is executed, satisfies the +conditions conferring copyright prescribed by this Act.</p> + +<p class="center">CIVIL REMEDIES</p> + +<p class="sidenote">Civil remedies for infringement of copyright</p> + +<p>8. Where copyright in any work has been infringed, the owner of the +copyright shall, except as otherwise provided by this Act, be entitled to +all such remedies by way of injunction, damages, accounts and otherwise as +are conferred by law.</p> + +<p class="sidenote">Costs</p> + +<p>(2.) The costs in any proceedings in respect of the infringement of +copyright shall be in the absolute discretion of the court.</p> + +<p class="sidenote">Rights of owner respecting pirated copies</p> + +<p>9. All pirated copies of any work in which copyright subsists, and all +plates used or intended to be used for the production of pirated copies of +such work, shall be deemed to be the property of the owner of the +copyright, who may take proceedings for the recovery of possession of such +copies or in respect of the conversion thereof.</p> + +<p class="sidenote"> Remedies in the case of architecture</p> + +<p><a name="Page_562" id="Page_562"></a><span class="pagenum">[Pg +562]</span>10. Where a building or other structure which infringes or +which, if completed, would infringe the copyright in some other work has +commenced to be constructed, the owner of the copyright shall not be +entitled to obtain an injunction to restrain the construction of such +building or structure or to order its demolition.</p> + +<p class="sidenote">Limitation</p> + +<p>(2.) Such of the other provisions of this Act as provide that a pirated +copy shall be deemed the property of the owner of the copyright, or as +impose summary penalties, shall not apply in any case to which this +section applies.</p> + +<p class="center">OFFENCES AND PENALTIES</p> + +<p class="sidenote">Penalty for false entries</p> + +<p>11. Every person who wilfully makes or causes to be made any false +entry in any of the registry books hereinbefore mentioned, or who wilfully +produces, or causes to be tendered in evidence, any paper which falsely +purports to be a copy of an entry in any of the said books, is guilty of +an indictable offence.</p> + +<p class="sidenote">Limitation of action</p> + +<p>12. No action or prosecution for the recovery of any penalty under this +Act shall be commenced more than three years after the cause of action +arises.</p> + +<p class="center">SUMMARY REMEDIES</p> + +<p class="sidenote">Penalties for dealing with pirated copies</p> + +<p>13. If any person—</p> + +<p class="indent">(<i>a</i>) makes for sale or hire any pirated copy of a +work in which copyright subsists; or,</p> + +<p class="indent">(<i>b</i>) sells or lets for hire, or exposes, offers, +or has in his possession for sale or hire any pirated copy of any such +work; or,</p> + +<p class="indent">(<i>c</i>) distributes or exhibits in public any pirated +copy of any such work; or,</p> + +<p class="indent">(<i>d</i>) imports for sale or hire into Canada any +pirated copy of any such work:</p> + +<p>he shall, unless he proves that he acted innocently, be guilty of an +offence under this Act and be liable on summary conviction to a fine not +exceeding twenty-five dollars for every copy dealt with in contravention +of this section, but not exceeding two hundred dollars in respect of the +<a name="Page_563" id="Page_563"></a><span class="pagenum">[Pg +563]</span>same transaction; or in the case of a second or subsequent +offence, either to such fine or to imprisonment with or without hard +labour for a term not exceeding two months:</p> + +<p class="sidenote">Proviso as to certain cases</p> + +<p>Provided that a person convicted of an offence under paragraph +(<i>b</i>) of this subsection, who has not been previously convicted of +any such offence and who proves that the copies of the work in respect of +which the offence was committed had printed or marked thereon in some +conspicuous place a name and address purporting to be that of the printer +or publisher, shall not be liable to any penalty under this section unless +it is proved that the copies were to his knowledge pirated copies.</p> + +<p class="sidenote">Penalty for making or possessing plate of pirated +copies</p> + +<p>(2.) If any person makes or has in his possession any plate for the +purpose of making pirated copies of any work in which copyright subsists, +or for private profit causes any such work to be performed in public +without the consent of the owner of the copyright, he shall, unless he +proves that he acted innocently, be guilty of an offence under this Act, +and be liable on summary conviction to a fine not exceeding two hundred +dollars, or, in the case of a second or subsequent offence, either to such +fine or to imprisonment with or without hard labour for a term not +exceeding two months.</p> + +<p class="sidenote">Destruction of plate upon order of court</p> + +<p>(3.) The court before which any such proceedings are taken may in +addition order that all copies of the work or all plates in the possession +of the offender, which appear to it to be pirated copies or plates for the +purpose of making pirated copies, be destroyed or delivered up to the +owner of the copyright or otherwise dealt with as the court may think +fit.</p> + +<p class="sidenote">Seizure of pirated copies being hawked about or sold +and arrest of offender</p> + +<p>14. Where a court of summary jurisdiction is satisfied by information +on oath that there is reasonable ground for believing that pirated copies +of any work are being or about to be hawked or carried about, sold or +offered for sale, it may issue an order authorising any constable or peace +officer—</p> + +<p class="indent">(<i>a</i>) to seize without further warrant any copies +of the work which may be found being hawked or carried about, sold or +offered for sale;</p> + +<p class="indent"><a name="Page_564" id="Page_564"></a><span +class="pagenum">[Pg 564]</span> (<i>b</i>) to arrest without further +warrant any person who in any street or public place sells or exposes or +has in his possession for sale any pirated copies of the work, or who +offers for sale any pirated copies of the work by personal canvass or by +personally delivering advertisements or circulars.</p> + +<p class="sidenote">Execution of order for seizure and arrest</p> + +<p>(2.) Where such an order has been made the person on whose application +it was made may send a copy thereof (certified to be a true copy by the +clerk of the court which made the order) to the chief constable or deputy +chief constable for any district within which the court has jurisdiction, +and thereupon any constable or peace officer may seize any such copies and +arrest any such person in accordance with the terms of the order.</p> + +<p class="sidenote">Disposition of works seized</p> + +<p>(3.) Where the constable or peace officer seizes any copies of a work +in pursuance of such an order, he shall bring them before a court of +summary jurisdiction, and that court, on proof that the copies are +pirated, may order that they be destroyed or delivered up to the owner of +the copyright or otherwise dealt with as the court may think fit.</p> + +<p class="sidenote">Orders open to inspection</p> + +<p>(4.) All copies of orders sent to a chief constable or deputy chief +constable under this section shall be open to inspection at all reasonable +hours by any person without payment of any fee, and any person may take +copies of or make extracts from any such order.</p> + +<p>(5.) A single order under this section may be made extending to several +works.</p> + +<p class="sidenote">Scope of order</p> + +<p>(6.) An order under this section shall not authorize—</p> + +<p class="indent">(<i>a</i>) the arrest of any person selling or offering +for sale; or,</p> + +<p class="indent">(<i>b</i>) the seizure of copies of</p> + +<p class="sidenote">Newspaper or periodical excepted</p> + +<p>any newspaper or other periodical publication merely because it +contains a pirated copy of a work, if such pirated copy is only an +incidental feature and does not form a substantial part of the newspaper +or periodical.</p> + +<p class="sidenote">Search warrants</p> + +<p>15. A court of summary jurisdiction may, if satisfied by information on +oath that there is reasonable ground for believing that an offence +punishable summarily under this Act <a name="Page_565" +id="Page_565"></a><span class="pagenum">[Pg 565]</span>is being committed +on any premises, grant a search warrant authorising the constable or peace +officer named therein to enter the premises between the hours of six of +the clock in the morning and nine of the clock in the evening (and, if +necessary, to use force in making such entry, whether by breaking open +doors or otherwise) and to seize any copies of any work or any plates in +respect of which he has reasonable ground for suspecting that an offence +under this Act is being committed, and may, on proof that the copies or +plates brought before the court in pursuance of the warrant are pirated +copies or plates intended to be used for the purpose of making pirated +copies, order that they be destroyed or delivered up to the owner of the +copyright or otherwise dealt with as the court may think fit.</p> + +<p class="center">IMPORTATION OF COPIES</p> + +<p class="sidenote">Importation of copies of copyright works</p> + +<p>16. Except as otherwise provided by this Act copies made out of Canada +of any work in which copyright subsists shall not be imported into Canada +and shall be deemed to be included in Schedule C to <i>The Customs +Tariff</i>, and that Schedule shall apply accordingly.</p> + +<p class="sidenote">If copyright owner licenses reproduction in Canada, +the Minister may prohibit importation of books printed elsewhere<br /> + +Proviso</p> + +<p>17. If a book in which there is subsisting copyright has been published +in any part of His Majesty's dominions, other than Canada, and if it is +proved to the satisfaction of the Minister that the owner of the copyright +has granted a license to reproduce in Canada, from movable or other types, +or from stereotype plates, or from electroplates, or from lithograph +stones, or by any process for facsimile reproduction, an edition or +editions of such book designed for sale only in Canada, the Minister may, +notwithstanding anything in this Act, by order under his hand prohibit the +importation into Canada, except with the written consent of the licensee, +of any copies of such book printed elsewhere: Provided that two such +copies may be specially imported for the bona fide use of any public free +library or any university or college library, or for the library of any +duly incorporated institution or society for the use of the members of +such institution or society.</p> + +<p class="sidenote"> Suspension or revocation of +prohibition</p> + +<p><a name="Page_566" id="Page_566"></a><span class="pagenum">[Pg +566]</span>18. The Minister may at any time in like manner, by order under +his hand, suspend or revoke such prohibition upon importation if it is +proved to his satisfaction that—</p> + +<p class="indent">(<i>a</i>) the license to reproduce in Canada has +terminated or expired; or,</p> + +<p class="indent">(<i>b</i>) the reasonable demand for the book in Canada +is not sufficiently met without importation; or,</p> + +<p class="indent">(<i>c</i>) the book is not, having regard to the demand +therefor in Canada, being suitably printed or published; or,</p> + +<p class="indent">(<i>d</i>) any other state of things exists on account +of which it is not in the public interest to further prohibit +importation.</p> + +<p class="sidenote">Licensee to furnish copy of any edition if +required</p> + +<p>19. At any time after the importation of a book has been so prohibited, +any person resident or being in Canada may apply either directly or +through a bookseller or other agent, to the person so licensed to +reproduce such book, for a copy of any edition of such book then on sale +and reasonably obtainable in the United Kingdom or any other part of His +Majesty's dominions and it shall thereupon be the duty of the person so +licensed, as soon as reasonably may be, to import and sell such copy to +the person so applying therefor, at the ordinary selling price of such +copy in the United Kingdom, or such other part of His Majesty's dominions, +with the duty and reasonable forwarding charges added.</p> + +<p class="sidenote">Otherwise prohibition may be revoked</p> + +<p>(2.) The failure or neglect, without lawful excuse, of the person so +licensed to supply such copy within a reasonable time shall be a reason +for which the Minister may, if he sees fit, suspend or revoke the +prohibition upon importation.</p> + +<p class="sidenote">Customs notified of prohibition</p> + +<p>20. The Minister shall forthwith inform the Department of Customs of +any order made by him under this Act.</p> + +<p class="sidenote">Unlawful importation of books<br /> + +Forfeiture<br /> + +Penalty</p> + +<p>21. All books imported in contravention of any order, prohibiting such +importation, made under the hand of the Minister, by the authority of this +Act, may be seized by an officer of Customs, and shall be forfeited to the +Crown and <a name="Page_567" id="Page_567"></a><span class="pagenum">[Pg +567]</span>destroyed; and any person importing, or causing or permitting +the importation of any book in contravention of an order of the Minister +shall, for each offence, be liable, upon summary conviction, to a penalty +not exceeding one hundred dollars.</p> + +<p class="center">REGISTRATION</p> + +<p class="sidenote">Registers of copyrights</p> + +<p>22. The Minister shall cause to be kept, at the Department, books to be +called the Registers of Copyrights, in which shall be entered the names or +titles of works and the names of authors, and such other particulars as +may be prescribed.</p> + +<p class="sidenote">Registration of particulars of work</p> + +<p>(2.) The author or publisher of, or the owner of or other person +interested in the copyright in, any work shall cause the particulars +respecting the work to be entered in the register, before publication +thereof or the performance or delivery thereof in public.</p> + +<p class="sidenote">Registration of serial publications</p> + +<p>(3.) In the case of an encyclopædia, newspaper, review, magazine or +other periodical work, or work published in a series of books or parts, it +shall not be necessary to make a separate entry for each number or part, +but a single entry for the whole work shall suffice.</p> + +<p class="sidenote">Indexes of registers</p> + +<p>(4.) There shall also be kept at the Department such indexes of the +registers established under this section as may be prescribed.</p> + +<p class="sidenote">Registers and indexes in prescribed forms<br /> + +Certified copies of entries</p> + +<p>(5.) The registers and indexes established under this section shall be +in the prescribed form, and shall at all reasonable times be open to +inspection, and any person shall be entitled to take copies of or make +extracts from any such register, and the Minister shall, if so required, +give a copy of an entry in any such register certified by him to be a true +copy, and any such certificate shall be prima facie evidence of the +matters thereby certified.</p> + +<p class="sidenote">Fees</p> + +<p>(6.) There shall be charged in respect of entries in registers the +inspection of registers, taking copies of or making extracts from +registers, and certificates under this section, the fees hereinafter +prescribed.</p> + +<p class="sidenote">Prior registrations</p> + +<p>(7.) Any registration made under <i>The Copyright Act</i> shall have +the same force and effect as if made under this Act.</p> + +<p class="sidenote"> Registration of temporary copyright in periodical +works</p> + +<p><a name="Page_568" id="Page_568"></a><span class="pagenum">[Pg +568]</span>23. Any literary work intended to be published in pamphlet or +book form, but which is first published in separate articles in a +newspaper or periodical in Canada, may be registered under this Act while +it is so preliminarily published as a temporary copyright, if the title of +the manuscript and a short analysis of the work are deposited at the +Department with an application for registration in accordance with the +prescribed form, and if every separate article so published is preceded by +the words, "Registered in accordance with the Copyright Act, 1911:" +Provided that the work, when published in book or pamphlet form, shall be +subject, also, to the other requirements of this Act.</p> + +<p class="sidenote">Anonymous publications</p> + +<p>24. If a book is published anonymously, it shall be sufficient to enter +it in the name of the first publisher thereof, either on behalf of the +unnamed author or on behalf of such first publisher, as the case may +be.</p> + +<p class="sidenote">Application for registration</p> + +<p>25. The application for the registration of a copyright or of a +temporary copyright may be made in the name of the author or of his legal +representatives, by any person purporting to be agent of such author or +legal representatives.</p> + +<p class="sidenote">Unauthorized assumption of agency</p> + +<p>(2.) Any damage caused by a fraudulent or an erroneous assumption of +such authority shall be recoverable in any court of competent +jurisdiction.</p> + +<p class="sidenote">Deposit of application and copies of work in +Department</p> + +<p>26. Application for registration of a copyright shall be made in +accordance with the prescribed form, and shall be deposited at the +Department together with three copies of the work if it is a book, map, +chart, musical composition, photograph, print, cut or engraving, and with +a written description thereof if the work is a painting, drawing or a work +of sculpture, and with one complete typewritten copy thereof if the work +is a dramatic work copies of which are not published.</p> + +<p class="sidenote">Weekly list of registered works<br /> + +Copies transmitted and retained</p> + +<p>27. The Minister shall cause to be transmitted to the Library of the +Parliament of Canada and to the British Museum a weekly list of all works +registered under this Act <a name="Page_569" id="Page_569"></a><span +class="pagenum">[Pg 569]</span>together with one copy of each work +deposited at the Department: Provided that the Minister may retain at the +Department such copies of deposited works as appear in his opinion proper, +but a copy of any work so retained shall be transmitted to the Library of +Parliament of Canada or to the British Museum upon receipt of a demand in +writing from the proper authority, such demand to be received by the +Minister within six months after the date of registration of the work. Any +copy of a work retained by the Minister as to which no demand is received +within the time limited shall be returned to the owner of the copyright, +or otherwise disposed of as to the Minister seems proper.</p> + +<p class="center">SPECIAL PROVISIONS AS TO CERTAIN WORKS</p> + +<p class="sidenote">Copyright in posthumous works</p> + +<p>28. In the case of a literary, dramatic or musical work or engraving +which has not been published, nor, in the case of a dramatic or musical +work been performed in public, nor, in the case of a lecture, been +delivered in public, in the lifetime of the author, copyright shall, +subject to the provisions of this Act as to first publication elsewhere +than in Canada, subsist till publication, or performance or delivery in +public, whichever may first happen, and for a term of fifty years +thereafter.</p> + +<p class="sidenote">Works of joint authors</p> + +<p>29. In the case of a work of joint authorship copyright shall subsist +during the life of the author who first dies and for a term of fifty years +after his death, or during the life of the author who dies last, whichever +period is the longer.</p> + +<p class="sidenote">Collective works</p> + +<p>30. Where the work of an author is first published as an article or +other contribution in a collective work (that is to say):—</p> + +<p class="indent">(<i>a</i>) an encyclopædia, dictionary, year book, or +similar work;</p> + +<p class="indent">(<i>b</i>) a newspaper, review, magazine, or other +similar periodical;</p> + +<p class="indent">(<i>c</i>) a work written in distinct parts by different +authors;</p> + +<p class="sidenote">Respective rights of contributors and proprietors</p> + +<p>and the proprietor of the collective work is not by virtue of <a +name="Page_570" id="Page_570"></a><span class="pagenum">[Pg +570]</span>this Act or any assignment thereunder the owner of the +copyright in the article or contribution, then, subject to any agreement +to the contrary, the owner of the copyright in each article or +contribution shall retain his copyright therein, but the proprietor of the +collective work shall at all times have the right of reproducing and +authorising the reproduction of the work as a whole, and for a period of +fifty years from the date of first publication of the collective work +shall have the sole right of reproducing and authorising the reproduction +of the work as a whole, and shall be entitled to the same remedies in +respect of the infringement of the copyright in any part of the work as if +he were the owner of the copyright.</p> + +<p class="sidenote">Copyright in photographs, records and perforated +rolls</p> + +<p>31. The term for which copyright shall subsist in photographs, and in +records, perforated rolls and other contrivances by means of which a work +may be mechanically performed or delivered, shall be fifty years from the +making of the negative or plate, and the person who was owner of the +original negative or plate from which the photograph or other contrivance +was directly or indirectly derived at the time when such negative or plate +was made shall be deemed to be the author of the work, and where such +owner is a body corporate the body corporate shall be deemed for the +purposes of this Act to reside within the parts of His Majesty's dominions +to which this Act extends if it has established a place of business within +such parts.</p> + +<p class="sidenote">Application of Act to registered designs</p> + +<p>32. This Act shall not apply to designs capable of being registered +under <i>The Trade Mark and Design Act</i>, except designs which, though +capable of being so registered, are not used or intended to be used as +models or patterns to be multiplied by any industrial process.</p> + +<p class="sidenote">Rules</p> + +<p>(2.) General rules under section 39 of <i>The Trade Mark and Design +Act</i>, may be made for determining the conditions under which a design +shall be deemed to be used for such purposes as aforesaid.</p> + +<p><a name="Page_571" id="Page_571"></a><span class="pagenum">[Pg +571]</span></p> + +<p class="center">EXISTING WORKS</p> + +<p class="sidenote">Copyright in existing works, and substituted rights<br /> + +Proviso</p> + +<p>33. Where any person is, immediately before the commencement of this +Act, entitled to any such right in any work specified in the first column +of the First Schedule to this Act, or to any interest in such a right, he +shall as from that date be entitled to the substituted right set forth in +the second column of that Schedule, or to the same interest in such a +substituted right, and to no other right or interest, and such substituted +right or interest therein shall subsist for the term for which it would +have subsisted if this Act had been in force at the date when the work was +made, and the work had been one entitled to copyright thereunder: Provided +that—</p> + +<p class="sidenote">Rights of author<br /> + +Rights of assignee</p> + +<p class="indent">(<i>a</i>) if the author of any work in which copyright +subsists at the commencement of this Act has before that date assigned the +copyright or granted any interest therein for the whole term of the +copyright, then at the date when but for the passing of this Act the right +would have expired the corresponding right conferred by this Act shall, in +the absence of express agreement, pass to the author of the work, and any +interest therein created before the commencement of this Act and then +subsisting shall determine; but the person who immediately before the date +at which the right would so have expired was the owner of the right or +interest shall be entitled at his option (to be signified in writing not +more than one year nor less than six months before the last-mentioned +date) either—</p> + +<p class="sidenote">Assignment for remainder of term</p> + +<p class="indenti">(i) to an assignment of the right or the grant of a +similar interest therein for the remainder of the term of the right for +such consideration as, failing agreement, may be determined by +arbitration; or,</p> + +<p class="sidenote">Reproduction on payment of royalties</p> + +<p class="indenti">(ii) without any such assignment or grant, to continue +to reproduce or perform the work in like manner as theretofore on the +payment of such royalties to the author as, failing agreement, may be +determined by arbitration:</p> + +<p class="sidenote"> Prior proceedings not affected</p> + +<p class="indent"><a name="Page_572" id="Page_572"></a><span +class="pagenum">[Pg 572]</span>(<i>b</i>) nothing in this section shall +affect anything done before the commencement of this Act;</p> + +<p class="sidenote">Existing rights saved</p> + +<p class="indent">(<i>c</i>) where any person has, before the twenty-sixth +day of April, nineteen hundred and eleven, taken any action or incurred +any expenditure for the purpose of or with a view to the reproduction or +performance of a work at a time when such reproduction or performance +would, but for the passing of this Act, have been lawful, nothing in this +section shall diminish or prejudice any right or interest arising from or +in connection with such action or expenditure which are subsisting and +valuable at the said date, unless the person who by virtue of this section +becomes entitled to restrain such reproduction or performance agrees to +pay such compensation as, failing agreement, may be determined by +arbitration;</p> + +<p class="sidenote">Rights in records, perforated rolls and +contrivances</p> + +<p class="indent">(<i>d</i>) the sole right of making and authorising the +making of records, perforated rolls or other contrivances by means of +which literary, dramatic or musical works may be mechanically performed +shall not be enjoyed by the owner of the copyright in any literary, +dramatic, or musical work for the mechanical performance of which any such +contrivances have been lawfully made within His Majesty's dominions by any +person before the twenty-sixth day of April, nineteen hundred and +eleven;</p> + +<p class="sidenote">Substituted rights acquired only under this Act</p> + +<p class="indent">(<i>e</i>) where any person is, immediately before the +commencement of this Act, entitled to any right in any work specified in +the first column of the First Schedule to this Act or to any interest in +such right, and such person does not satisfy the conditions conferring +copyright laid down by this Act, he shall be entitled to no other right or +interest, and such right shall subsist for the term for which it would +have subsisted but for the passing of this Act.</p> + +<p class="sidenote">Limitation of existing rights</p> + +<p>(2.) Subject to the provisions of this Act, copyright shall not subsist +in any work made before the commencement of this Act, otherwise than under +and in accordance with the provisions of this section.</p> + +<p><a name="Page_573" id="Page_573"></a><span class="pagenum">[Pg +573]</span></p> + +<p class="center">IMPERIAL RECIPROCITY</p> + +<p class="sidenote">Application of Act to works of authors resident in +British dominions other than Canada</p> + +<p>34. The Governor in Council may by order in council direct that this +Act (except such part, if any, thereof as may be specified in the order +and subject to such conditions and limitations as may be specified) shall +apply to literary, dramatic, musical and artistic works the authors +whereof were at the time of the making of the work bona fide residents in +a part of His Majesty's dominions, other than Canada, to which the order +relates, or British subjects resident elsewhere than in Canada:</p> + +<p class="sidenote">Proviso</p> + +<p>Provided that, before making an order in council under this section +with respect to any part of His Majesty's dominions, the Governor in +Council shall be satisfied that that part has made or has undertaken to +make such provisions as it appears to the Governor in Council expedient to +require for the protection of persons entitled to copyright under this +Act.</p> + +<p class="center">INTERNATIONAL</p> + +<p class="sidenote">Application of Act to works of residents in foreign +countries</p> + +<p>35. The Governor in Council may, by order in council, direct that this +Act (except such parts thereof, if any, as may be specified in the order) +shall apply to literary, dramatic, musical and artistic works the authors +whereof were at the time of the making thereof subjects or citizens of or +bona fide residents in a foreign country to which the order relates, and +thereupon, subject to the provisions of this Act and of the order, this +Act shall apply accordingly:</p> + +<p class="sidenote">Proviso</p> + +<p>Provided that—</p> + +<p class="indent">(i) before making an order in council under this section +the Governor in Council shall be satisfied that that foreign country has +made or has undertaken to make such provisions as it appears to the +Governor in Council expedient to require for the protection of works +entitled to copyright under this Act;</p> + +<p class="indent">(ii) the order in council may provide that the term of +copyright within Canada shall not exceed that conferred by the law of the +country to which the order relates;</p> + +<p class="indent">(iii) the order in council may provide that the +enjoyment <a name="Page_574" id="Page_574"></a><span class="pagenum">[Pg +574]</span>of the rights conferred by this Act shall be subject to the +accomplishment of such conditions and formalities as may be prescribed by +the order;</p> + +<p class="indent">(iv) in applying the provisions of this Act as to +existing works the order in council may make such modifications as appear +necessary, and may provide that nothing in those provisions as so applied +shall be construed as reviving any right of preventing the production or +importation of any translation in any case where the right has ceased.</p> + +<p class="sidenote">Extent of order</p> + +<p>(2.) An order in council under this section may extend to all the +several countries named or described therein.</p> + +<p class="sidenote">Evidence of foreign copyright</p> + +<p>36. Where it is necessary to prove the existence in a foreign country +to which an order in council under this Act applies of the copyright in +any work, or the ownership of such right, an extract from a register, or a +certificate, or other document stating the existence of such right, or the +person who is the owner of such right, if authenticated by the official +seal of a Minister of State of such foreign country, or by the official +seal or the signature of a British diplomatic or consular officer acting +in such country, shall be admissible as evidence of the facts named +therein, and all courts shall take judicial notice of every such official +seal and signature as is in this section mentioned, and shall admit in +evidence, without proof, the documents authenticated by it.</p> + +<p class="center">EVIDENCE</p> + +<p class="sidenote">Certified copies as evidence</p> + +<p>37. All copies or extracts certified by the Department shall be +received in evidence without further proof and without production of the +originals.</p> + +<p class="sidenote">Validity of documents</p> + +<p>38. All documents executed and accepted by the Minister shall be held +valid, so far as relates to official proceedings under this Act.</p> + +<p class="center">FEES</p> + +<p>39. The following fees shall be paid to the Minister before an +application for any of the following purposes is received, that is to +say:—</p> + +<p><a name="Page_575" id="Page_575"></a><span class="pagenum">[Pg +575]</span></p> + +<p class="sidenote"> Registration fees</p> + +<table class="narrower" summary="Registration Fees"> + +<tr><td class="left">Registering a copyright</td><td +class="right">$1.00</td></tr> + +<tr><td class="left">Registering a temporary copyright</td><td +class="right">0.50</td></tr> + +<tr><td class="left">Registering an assignment</td><td +class="right">1.00</td></tr> + +<tr><td class="left">Certified copy of registration</td><td +class="right">0.50</td></tr> + +<tr><td class="left">Registering any decision of a court of justice, for +every folio of 100 words</td><td class="right">0.50</td></tr> + +</table> + +<p class="sidenote">Fees for Office copies</p> + +<table class="narrower" summary="Copy Fees"> + +<tr><td class="left">Certified copies of documents:—</td></tr> + +<tr><td class="left"> For first folio of one hundred +words</td><td class="right">0.25</td></tr> + +<tr><td class="left"> For every subsequent folio (fractions of +or under one-half folio not being counted, and of one-half or more being +counted)</td><td class="right">0.10</td></tr> + +</table> + +<p class="sidenote">Fees in full of all services</p> + +<p>(2.) The said fees shall be in full of all services performed under +this Act by the Minister or by any person employed by him.</p> + +<p class="sidenote">Application</p> + +<p>(3.) All fees received under this Act shall be paid over to the +Minister of Finance and shall form part of the Consolidated Revenue Fund +of Canada.</p> + +<p class="sidenote">No exemption from fees</p> + +<p>(4.) No person shall be exempt from the payment of any fee or charge +payable in respect of any services performed under this Act for such +person.</p> + +<p class="center">CLERICAL ERRORS NOT TO INVALIDATE</p> + +<p class="sidenote">Clerical errors may be corrected</p> + +<p>40. Clerical errors which occur in the framing or copying of an +instrument drawn by any officer or employee in or of the Department shall +not be construed as invalidating such instrument, but when discovered they +may be corrected under the authority of the Minister.</p> + +<p class="center">RULES AND REGULATIONS</p> + +<p class="sidenote">Rules, regulations and forms</p> + +<p>41. The Minister may, from time to time, subject to the approval of the +Governor in Council, make such rules and regulations, and prescribe such +forms as appear to him necessary and expedient for the purposes of this +Act; and such regulations and forms, circulated in print for the use of +the public, shall be deemed to be correct for the purposes of this +Act.</p> + +<p class="sidenote"> Abrogation of common law rights</p> + +<p><a name="Page_576" id="Page_576"></a><span class="pagenum">[Pg +576]</span>42. No person shall be entitled to copyright or any similar +right in any literary, dramatic, musical or artistic work otherwise than +under and in accordance with the provisions of this Act, or of any other +statutory enactment for the time being in force.</p> + +<p class="sidenote">Orders in Council</p> + +<p>43. The Governor in Council may make orders for altering, revoking, or +varying any order in council made under this Act, but any order made under +this section shall not affect prejudicially any rights or interests +acquired or accrued at the date when the order comes into operation, and +shall provide for the protection of such rights and interests.</p> + +<p class="sidenote">Publication<br /> + +Laid before Parliament</p> + +<p>(2.) Every order in council made under this Act shall be published in +<i>The Canada Gazette</i>, and shall be laid before Parliament as soon as +may be after it is made, and shall have effect as if enacted in this +Act.</p> + +<p class="sidenote">Repeal of certain enactments</p> + +<p>44. Subject to the provisions of this Act, the enactments mentioned in +the Second Schedule to this Act are, so far as they are operative in +Canada, hereby repealed to the extent specified in the third column of +that Schedule.</p> + +<p class="sidenote">Repeal</p> + +<p>45. Chapter 70 of the Revised Statutes, 1906, and chapter 17 of the +statutes of 1908, are repealed.</p> + +<p class="sidenote">Commencement of Act</p> + +<p>46. This Act shall come into force on a day to be named by proclamation +of the Governor General.</p> + +<p class="p2 center"><a name="Page_577" id="Page_577"></a><span +class="pagenum">[Pg 577]</span> FIRST SCHEDULE</p> + +<p class="center">EXISTING RIGHTS</p> + +<table class="narrower" summary="Canadian Existing Rights"> + +<tr><td colspan="2"><hr /></td></tr> + +<tr><td class="center">EXISTING RIGHT</td> +<td class="center">SUBSTITUTED RIGHT</td></tr> + +<tr><td colspan="2"><hr /></td></tr> + +<tr><td class="center" colspan="2">(<i>a</i>) <i>In the case of Works +other than Dramatic and Musical Works.</i></td></tr> + +<tr><td class="left">Copyright.</td> <td class="left">Copyright as defined +by this Act.</td></tr> + +<tr><td class="center" colspan="2">(<i>b</i>) <i>In the case of Musical +and Dramatic Works.</i></td></tr> + +<tr><td class="left">Both copyright and performing +right</td> <td class="left">Copyright as defined by this Act.</td></tr> + +<tr><td class="left">Copyright, but not performing right.</td> <td +class="left">Copyright as defined by this Act, except the sole right to +perform the work or any substantial part thereof in public.</td></tr> + +<tr><td class="left">Performing right, but not copyright.</td> <td +class="left">The sole right to perform the work in public, but none of the +other rights comprised in copyright as defined by this Act.</td></tr> + +<tr><td colspan="2"><hr /></td></tr> + +</table> + +<p>For the purposes of this Schedule the following expressions, where used +in the first column thereof, have the following meanings:—</p> + +<p class="indent">"copyright," in the case of a work which according to +the law in force immediately before the commencement of this Act has not +been published before that date and statutory copyright wherein depends on +publication, includes the right at common law (if any) to restrain +publication or other dealing with the work;</p> + +<p class="indent">"performing right," in the case of a work which has not +been performed in public before the commencement of this Act, includes the +right at common law (if any) to restrain the performance thereof in +public.</p> + +<p class="p2"><a name="Page_578" id="Page_578"></a><span +class="pagenum">[Pg 578]</span></p> + +<p class="center">SECOND SCHEDULE</p> + +<p class="center">ENACTMENTS REPEALED</p> + +<table class="narrower" summary="Canadian Acts Repealed"> + +<tr><td colspan="3"><hr /></td></tr> + +<tr><td class="center">SESSION AND CHAPTER</td> +<td class="center">SHORT TITLE</td> +<td class="center">EXTENT OF REPEAL</td></tr> + +<tr><td colspan="3"><hr /></td></tr> + +<tr><td class="left">8 Geo. 2. c. 13.</td> +<td class="left">The Engraving Copyright Act, 1734.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">7 Geo. 3. c. 38.</td> +<td class="left">The Engraving Copyright Act, 1767.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">15 Geo. 3. c. 53.</td> +<td class="left">The Copyright Act, 1775.</td> +<td class="left">Sections two, four and five.</td></tr> + +<tr><td class="left">17 Geo. 3. c. 57.</td> +<td class="left">The Prints Copyright Act, 1777.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">54 Geo. 3. c. 56.</td> +<td class="left">The Sculpture Copyright Act, 1814.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">3 Geo. 4. c. 15.</td> +<td class="left">The Dramatic Copyright Act, 1833.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">5 & 6 Will. 4. c. 65.</td> +<td class="left">The Lectures Copyright Act, 1835.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">6 & 7 Will. 4. c. 59.</td> +<td class="left">The Prints and Engravings Copyright (Ireland) Act, +1836.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">6 & 7 Will. 4. c. 110</td> +<td class="left">The Copyright Act, 1836.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">5 & 6 Vict. c. 45.</td> +<td class="left">The Copyright Act, 1842.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">7 & 8 Vict. c. 12.</td> +<td class="left">The International Copyright Act, 1844.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">10 & 11 Vict. c. 95.</td> +<td class="left">The Colonial Copyright, 1847.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">15 & 16 Vict. c. 12.</td> +<td class="left">The International Copyright Act, 1852.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">25 & 26 Vict. c. 68.</td> +<td class="left">The Fine Arts Copyright Act, 1862.</td> +<td class="left">Sections one to six. In section eight the words "and +pursuant to any Act for the protection of copyright engravings." Sections +nine to twelve.</td></tr> + +<tr><td class="left">38 & 39 Vict. c. 12.</td> +<td class="left">The International Copyright Act, 1875.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">39 & 40 Vict. c. 36.</td> +<td class="left">The Customs Consolidation Act, 1876.</td> +<td class="left">Section forty-two, from "Books wherein" to "such +copyright will expire." Sections forty-four, forty-five and one hundred +and fifty-two.</td></tr> + +<tr><td class="left">45 & 46 Vict. c. 40.</td> +<td class="left">The Copyright (Musical Compositions) Act, 1882.</td> +<td class="left">The whole Act. +<a name="Page_579" id="Page_579"></a><span class="pagenum">[Pg +579]</span></td></tr> + +<tr><td class="left">49 & 50 Vict. c. 33.</td> +<td class="left">The International Copyright Act, 1886.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">51 & 52 Vict. c. 17.</td> +<td class="left">The Copyright (Musical Compositions) Act, 1888.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">52 & 53 Vict. c. 42.</td> +<td class="left">The Revenue Act, 1889.</td> +<td class="left">Section one, from "Books first published" to "as provided +in that section."</td></tr> + +<tr><td class="left">2 Edw. 7. c. 15.</td> +<td class="left">The Musical (Summary Proceedings) Copyright Act, 1902.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td class="left">6 Edw. 7. c. 36.</td> +<td class="left">The Musical Copyright Act, 1906.</td> +<td class="left">The whole Act.</td></tr> + +<tr><td colspan="3"><hr /></td></tr> + +</table> + +<p class="p2"><a name="Page_580" id="Page_580"></a><span +class="pagenum">[Pg 580]</span></p> + +<h3>8. AUSTRALIAN COPYRIGHT ACT, 1905</h3> + +<p class="center">(Assented to 21st December, 1905)</p> + +<p>Be it enacted by the King's Most Excellent Majesty, the Senate, and the +House of Representatives of the Commonwealth of Australia as +follows:—</p> + +<p class="center">PART I.—PRELIMINARY</p> + +<p class="sidenote">Short title</p> + +<p>1. <i>Short Title.</i>—This Act may be cited as the Copyright +Act, 1905.</p> + +<p class="sidenote">Commencement</p> + +<p>2. <i>Commencement.</i>—This Act shall commence on a day to be +fixed by Proclamation.</p> + +<p class="sidenote">Parts</p> + +<p>3. <i>Parts.</i>—This Act is divided as follows:—</p> + +<p class="indent">Part I.—Preliminary.</p> + +<p class="indent">Part II.—Administration.</p> + +<p class="indent">Part III.—Literary, Musical, and Dramatic +Copyright.</p> + +<p class="indent">Part IV.—Artistic Copyright.</p> + +<p class="indent">Part V.—Infringement of Copyright.</p> + +<p class="indent">Part VI.—International and State copyright.</p> + +<p class="indent">Part VII.—Registration of Copyrights.</p> + +<p class="indent">Part VIII.—Miscellaneous.</p> + +<p class="sidenote">Interpretation</p> + +<p>4. <i>Interpretation.</i>—In this Act, unless the contrary +intention appears—</p> + +<p class="indent">"Artistic work" includes—</p> + +<p class="indenti">(<i>a</i>) Any painting, drawing, or sculpture; and</p> + +<p class="indenti">(<i>b</i>) Any engraving, etching, print, lithograph, +woodcut, photograph, or other work of art produced by any process, +mechanical or otherwise, by which impressions or representations of works +of art can be taken or multiplied:</p> + +<p class="indent">"Author" includes the personal representatives of an +author:</p> + +<p class="sidenote">Interpretation</p> + +<p class="indent">"Book" includes any book or volume, and any part or +division of a book or volume, and any article in a book or volume, and any +pamphlet, periodical, sheet of letterpress, <a name="Page_581" +id="Page_581"></a><span class="pagenum">[Pg 581]</span>sheet of music, +map, chart, diagram, or plan separately published, and any illustration +therein:</p> + +<p class="indent">"Dramatic work," in addition to being included in the +definition of book, means any tragedy, comedy, play, drama, farce, +burlesque, libretto, of an opera, entertainment, or other work of a like +nature, whether set to music or otherwise, lyrical work set to music, or +other scenic or dramatic composition:</p> + +<p class="indent">"Lecture" includes a sermon:</p> + +<p class="indent">"Musical work" in addition to being included in the +definition of book, includes any combination of melody and harmony, or +either of them, printed, reduced to writing, or otherwise graphically +produced or reproduced:</p> + +<p class="indent">"Periodical" means a review, magazine, newspaper, or +other periodical work of a like nature:</p> + +<p class="indent">"Pirated artistic work" means a reproduction of an +artistic work made in any manner without the authority of the owner of the +copyright in the artistic work:</p> + +<p class="indent">"Pirated book" means a reproduction of a book made in +any manner without the authority of the owner of the copyright in the +book:</p> + +<p class="indent">"Portrait" includes any work the principal object of +which is the representation of a person by painting, drawing, engraving, +photography, sculpture, or any form of art:</p> + +<p class="indent">"Publish" and "Publication" in relation to a book refer +to offer for sale or distribution, in each case with the privity of the +author, so as to make the book accessible to the public:</p> + +<p class="indent">"The Registrar" means the Registrar of Copyrights or a +Deputy Registrar of Copyrights:</p> + +<p class="indent">"State Copyright Act" means any State Act relating to +the registration of the copyright or performing right, or lecturing right +in books, or dramatic or musical works, or in artistic works, or fine art +works, or in lectures.</p> + +<p class="sidenote">Simultaneous publication or performance</p> + +<p>5. <i>What is simultaneous publication or performance.</i>—For +the purposes of this Act publication, performance, or <a name="Page_582" +id="Page_582"></a><span class="pagenum">[Pg 582]</span>delivery in the +Commonwealth shall be deemed to be simultaneous with publication, +performance, or delivery elsewhere if the period between the publications, +performances, or deliveries does not exceed fourteen days.</p> + +<p class="sidenote">Blasphemous, etc., matter</p> + +<p>6. <i>Blasphemous, &c., matter not protected.</i>—No copyright, +performing right, or lecturing right shall subsist under this Act in any +blasphemous, indecent, seditious, or libelous work or matter.</p> + +<p class="sidenote">Application of common law</p> + +<p>7. <i>Application of the Common Law.</i>—Subject to this and any +other Acts of the Parliament, the Common Law of England relating to +proprietary rights in unpublished literary compositions, shall after the +commencement of this Act, apply throughout the Commonwealth.</p> + +<p class="sidenote">State copyright acts</p> + +<p>8. <i>State Copyright Acts not to apply to copyright under this +Act.</i>—(1.) The State Copyright Acts so far as they relate to the +copyright in any book, the performing right in any musical or dramatic +work, the lecturing right in any lecture, or the copyright in any artistic +or fine art work shall not apply to any book, dramatic or musical work, +lecture, or artistic work in which copyright, performing right, or +lecturing right, subsists under this Act.</p> + +<p class="sidenote">Rights under state laws</p> + +<p><i>Saving of rights under State laws.</i>—(2.) Subject to Part +II. of this Act, nothing in this Act shall affect the application of the +laws in force in any State at the commencement of this Act to any +copyright or other right in relation to books or dramatic or musical works +or lectures or artistic or fine art works acquired under or protected by +those laws before the commencement of this Act.</p> + +<p class="center p2">PART II.—ADMINISTRATION</p> + +<p class="center"><i>Division 1.—The Registrar and the Copyright +Office</i></p> + +<p class="sidenote">Registrar</p> + +<p>9. <i>Registrar.</i>—(1.) There shall be a Registrar of +Copyrights.</p> + +<p>(2.) The Governor-General may appoint one or more Deputy Registrars of +Copyrights who shall, subject to the control of the Registrar of +Copyrights, have all the powers conferred by this Act on the +Registrar.</p> + +<p class="sidenote">Copyright Office</p> + +<p>10. <i>Copyright Office.</i>—For the purposes of this Act an <a +name="Page_583" id="Page_583"></a><span class="pagenum">[Pg +583]</span>office shall be established which shall be called the Copyright +Office.</p> + +<p class="sidenote">Seal</p> + +<p>11. <i>Seal of Copyright Office</i>.—There shall be a seal of the +Copyright Office, and impressions thereof shall be judicially noticed.</p> + +<p class="center"><i>Division 2.—The Transfer of the Administration +of the State Copyright Acts</i></p> + +<p class="sidenote">Transfer of administration</p> + +<p>12. <i>Transfer of administration.</i>—The Governor-General may, +by proclamation, declare that, from and after a date specified in the +proclamation, the administration of the State Copyright Acts of any State +so far as they relate to the registration of the copyright in any book, +the performing right in any musical or dramatic work, the lecturing right +in any lecture, and the copyright in any artistic or fine art work, or to +the registration of any assignment or grant of, or licence in relation to, +any such right, shall be transferred to the Commonwealth and thereupon, so +far as is necessary for the purposes of this section—</p> + +<p class="sidenote">Effect of transfer</p> + +<p class="indent">(<i>a</i>) <i>Effect of transfer of administration. Cf. +Patents Act, 1903, ss. 18 and 19.</i>—The State Copyright Acts of +the State shall cease to be administered by the State, and shall +thereafter be administered by the Commonwealth so far as is necessary for +the purpose of completing then pending proceedings and of giving effect to +then existing rights, and the Registrar shall collect for the State all +fees which become payable thereunder; and</p> + +<p class="indent">(<i>b</i>) all powers and functions under any State +Copyright Act vested in the Governor of the State or in the Governor with +the advice of the Executive Council of the State or in any Minister +officer or authority of the State shall vest in the Governor-General or in +the Governor-General in Council or in the Minister officer or authority +exercising similar powers under the Commonwealth as the case requires or +as is prescribed; and</p> + +<p class="indent">(<i>c</i>) all records registers deeds and documents of +the Copyright office of the State vested in or subject to <a +name="Page_584" id="Page_584"></a><span class="pagenum">[Pg 584]</span>the +control of the State shall, by force of this Act, be vested in and made +subject to the control of the Commonwealth.</p> + +<p class="center p2">PART III.—LITERARY, MUSICAL, AND DRAMATIC COPYRIGHT</p> + +<p class="sidenote">Copyright in books</p> + +<p>13. <i>Copyright in books.</i>—(1.) The copyright in a book means +the exclusive right to do, or authorize another person to do, all or any +of the following things in respect of it:—</p> + +<p class="indent">(<i>a</i>) To make copies of it:</p> + +<p class="indent">(<i>b</i>) To abridge it:</p> + +<p class="indent">(<i>c</i>) To translate it:</p> + +<p class="indent">(<i>d</i>) In the case of a dramatic work, to convert it +into a novel or other non-dramatic work:</p> + +<p class="indent">(<i>e</i>) In the case of a novel or other non-dramatic +work, to convert into a dramatic work: and</p> + +<p class="indent">(<i>f</i>) In the case of a musical work, to make any +new adaptation, transposition, arrangement, or setting of it, or of any +part of it, in any notation.</p> + +<p>(2.) Copyright shall subsist in every book, whether the author is a +British subject or not, which has been printed from type set up in +Australia, or plates made therefrom, or from plates or negatives made in +Australia in cases where type is not necessarily used, and has, after the +commencement of this Act, been published in Australia, before or +simultaneously with its first publication elsewhere.</p> + +<p class="sidenote">Performing right</p> + +<p>14. <i>Performing right in dramatic and musical works.</i>—</p> + +<p>(1.) The performing right in a dramatic or musical work means the +exclusive right to perform it, or authorise its performance in public.</p> + +<p>(2.) Performing right shall subsist in every dramatic or musical work, +whether the author is a British subject or not, which has, after the +commencement of this Act, been performed in public in Australia, before or +simultaneously with its first performance in public elsewhere.</p> + +<p class="sidenote">Lecturing right</p> + +<p>15. <i>Lecturing right in lectures.</i>—(1.) The lecturing right +in a lecture means the exclusive right to deliver it, or authorise its +delivery, in public, and except as hereinafter provided, to report it.</p> + +<p><a name="Page_585" id="Page_585"></a><span class="pagenum">[Pg +585]</span> (2.) Lecturing right shall subsist in every lecture, whether +the author is a British subject or not, which has, after the commencement +of this Act, been delivered in public in Australia, before or +simultaneously with its first delivery in public elsewhere.</p> + +<p class="sidenote">Commencement</p> + +<p>16. <i>Commencement of copyright, performing right, and lecturing +right.</i>—(1.) The copyright in a book shall begin with its first +publication in Australia.</p> + +<p>(2.) The performing right in a dramatic or musical work shall begin +with its first performance in public in Australia.</p> + +<p>(3.) The lecturing right in a lecture shall begin with its first +delivery in public in Australia.</p> + +<p class="sidenote">Term</p> + +<p>17. <i>Term of copyright, performing right, and lecturing +right.</i>—(1.) The copyright in a book, the performing right in a +dramatic or musical work, and the lecturing right in a lecture, shall +subsist for the term of forty-two years or for the author's life and seven +years whichever shall last the longer.</p> + +<p>(2.) Where the first publication of a book, the first performance in +public of a musical or dramatic work, or the first delivery in public of a +lecture takes place after the death of the author, the copyright, +performing right, or lecturing right, as the case may be, shall subsist +for the term of forty-two years.</p> + +<p>(3.) Where a book or a dramatic or musical work is written by joint +authors the copyright and the performing right shall subsist for the term +of forty-two years or their joint lives and the life of the survivor of +them, and seven years, whichever shall last the longer.</p> + +<p>(4.) If a lecture is published as a book with the consent in writing of +the owner of the lecturing right, the lecturing right shall cease.</p> + +<p class="sidenote">Ownership</p> + +<p>18. <i>Ownership in copyright, performing right, and lecturing +right.</i>—(1.) The author of a book shall be the first owner of the +copyright in the book.</p> + +<p>(2.) The author of a dramatic work or musical work shall be the first +owner of the performing right in the dramatic or musical work.</p> + +<p><a name="Page_586" id="Page_586"></a><span class="pagenum">[Pg +586]</span> (3.) The author of a lecture shall be first owner of the +lecturing right in the lecture.</p> + +<p class="sidenote">Joint authors</p> + +<p>19. <i>Ownership in the case of joint authors.</i>—Where there +are joint authors of a book, or of a dramatic or musical work, or of a +lecture, the copyright or the performing right, or the lecturing right, as +the case may be, shall be the property of the authors.</p> + +<p class="sidenote">Separate authors</p> + +<p>20. <i>Separate authors.</i>—Where a book is written in distinct +parts by separate authors and the name of each author is attached to the +portion written by him, each author shall be entitled to copyright in the +portion written by him in the same manner as if it were a separate +book.</p> + +<p class="sidenote">Encyclopædia and similar works</p> + +<p>21. <i>Encyclopædia and similar works.</i>—The proprietor or +projector of an encyclopædia or other similar permanent work of reference +who employs some other person for valuable consideration in the +composition of the whole or any part of the work shall be entitled to the +copyright in the work in the same manner as if he were the author +thereof.</p> + +<p class="sidenote">Copyright in periodicals</p> + +<p>22. <i>Copyright in articles published in periodicals.</i>—(1.) +The author of any article, contributed for valuable consideration to and +first published in a periodical, shall be entitled to copyright in the +article as a separate work, but so that—</p> + +<p class="indent">(<i>a</i>) he shall not be entitled to publish the +article or authorise its publication until one year after the end of the +year in which the article was first published and</p> + +<p class="indent">(<i>b</i>) his right shall not exclude the right of the +proprietor of the periodical under this section.</p> + +<p>(2.) The proprietor of a periodical in which an article, which has been +contributed for valuable consideration, is first published shall be +entitled to copyright in the article, but so that—</p> + +<p class="indent">(<i>a</i>) he shall not be entitled to publish the +article or authorise its publication except in the periodical in its +original form of publication, and</p> + +<p class="indent">(<i>b</i>) his right shall not exclude the right of the +author of the article, under this section.</p> + +<p class="sidenote">Articles without valuable consideration</p> + +<p>23. <i>Copyright in articles published in periodicals without</i> <a +name="Page_587" id="Page_587"></a><span class="pagenum">[Pg +587]</span><i>valuable consideration.</i>—The author of any article +contributed without valuable consideration to, and first published in, a +periodical, shall be entitled to copyright in the article as a separate +work.</p> + +<p class="sidenote">Copyright, etc., personal property</p> + +<p>24. <i>Copyright, &c., to be personal property.</i>—The copyright +in a book, the performing right in a dramatic or musical work, and the +lecturing right in a lecture shall be personal property, and shall be +capable of assignment and of transmission by operation of law.</p> + +<p class="sidenote">Copyright and other rights separate property</p> + +<p>25. <i>Copyright and other rights to be separate +properties.</i>—The copyright in a book, and the performing right in +a dramatic or musical work and the lecturing right in a lecture shall be +deemed to be distinct properties for the purposes of ownership, +assignment, licence, transmission, and all other purposes.</p> + +<p class="sidenote">Assignment</p> + +<p>26. <i>Assignment of copyright.</i>—The owner of the copyright in +a book, or of the performing right in a dramatic or musical work, or of +the lecturing right in a lecture, may assign his right either wholly or +partially and either generally or limited to any particular place or +period, and may grant any interest therein by licence; but an assignment +or grant shall not be valid unless it is in writing signed by the owner of +the right in respect of which it is made or granted.</p> + +<p class="sidenote">New editions</p> + +<p>27. <i>New editions.</i>—Any second or subsequent edition of a +book containing material or substantial alterations or additions shall be +deemed to be a new book, but so as not to prejudice the right of any +person to reproduce a former edition of the book or any part thereof after +the expiration of the copyright in the former edition.</p> + +<p>Provided that while the copyright in a book subsists no person, other +than the owner of the copyright in the book or a person authorised by him, +shall be entitled to publish a second or subsequent edition thereof.</p> + +<p class="sidenote">Abridgements, etc., for private use</p> + +<p>28. <i>Making of abridgment, &c., for private use.</i>—Copyright +in a book shall not be infringed by a person making an abridgment or +translation of the book for his private use (unless he uses it publicly or +allows it to be used publicly by some other person), or by a person making +fair extracts from or otherwise fairly dealing with the contents of <a +name="Page_588" id="Page_588"></a><span class="pagenum">[Pg 588]</span>the +book for the purpose of a new work, or for the purposes of criticism, +review, or refutation, or in the ordinary course of reporting scientific +information.</p> + +<p class="sidenote">Translations or abridgments</p> + +<p>29. <i>Translations or abridgments.</i>—Where the author has +parted with the copyright in his book and a translation or abridgment of +the book is made with the consent of the owner of the copyright by some +person other than the author, notice shall be given in the title-page of +every copy of the translation or abridgment that it has been made by some +person other than the author.</p> + +<p class="sidenote">Failure of author to make translation</p> + +<p>30. <i>Failure of author to make or cause translation of +book.</i>—Where a translation of a book into a particular language +is not made within ten years from the date of the publication of the book +by the owner of the copyright or by some person by his +authority—</p> + +<p class="indent">(<i>a</i>) Any person desirous of translating the book +into that language may make an application in writing to the Minister for +permission so to do:</p> + +<p class="indent">(<i>b</i>) The Minister may thereupon by notice in +writing inform the owner of the copyright of such application and request +him to make or cause to be made a translation of the book into that +language within such time as the Minister deems reasonable or to show +cause why such application should not be granted:</p> + +<p class="indent">(<i>c</i>) If the owner of the copyright fails to comply +with such notice the Minister may grant such application.</p> + +<p class="sidenote">Copyright in translations</p> + +<p>31. <i>Copyright in translations.</i>—Copyright shall subsist in +a lawfully-produced translation or abridgment of a book in like manner as +if it were an original work.</p> + +<p class="sidenote">Reservation of performing right</p> + +<p>32. <i>Notice of reservation of performing right.</i>—(1.) Where +a dramatic or musical work is published as a book, and it is intended that +the performing right is to be reserved, the owner of copyright, whether he +has parted with the performing right or not, shall cause notice of the +reservation of the performing right to be printed on the title-page or in +a conspicuous part of every copy of the book.</p> + +<p>(2.) <i>Defendant's rights where no notice of reservation of performing +right.</i>—Where<span style="white-space:nowrap;">—</span></p> + +<p class="sidenote"> Defendant's rights where no notice</p> + +<p class="indent"><a name="Page_589" id="Page_589"></a><span +class="pagenum">[Pg 589]</span>(<i>a</i>) proceedings are taken for the +infringement of the performing right in a dramatic or musical work +published as a book, and</p> + +<p class="indent">(<i>b</i>) the defendant proves to the satisfaction of +the Court that he has in his possession a copy of the book containing the +dramatic or musical work and that that copy was published with the consent +of the owner of the copyright, and does not contain the notice required by +this Act of the reservation of the performing right,</p> + +<p>judgment may be given in his favor either with or without costs as the +Court, in its discretion, thinks fit; but in any such case the owner of +the performing right (if he is not the owner of the copyright) shall be +entitled to recover from the owner of the copyright damages in respect of +the injury he has incurred by the neglect of the owner of the copyright to +cause due notice to be given of the reservation of the performing +right.</p> + +<p class="sidenote">Report of lecture</p> + +<p>33. <i>Report of lecture in a newspaper.</i>—(1.) Unless the +reporting of a lecture is prohibited by a notice as in this section +mentioned, the lecturing right in a lecture shall not be infringed by a +report of the lecture in a newspaper.</p> + +<p>(2.) The notice prohibiting the reporting of a lecture may be +given—</p> + +<p class="indent">(<i>a</i>) orally at the beginning of the lecture; +or</p> + +<p class="indent">(<i>b</i>) by a conspicuous written notice affixed, +before the lecture is given, on the entrance doors of the building in +which it is given or in a place in the room in which it is given.</p> + +<p>(3.) When a series of lectures is intended to be given +by the same lecturer on the same subject, one notice only need be given in +respect of the whole series.</p> + +<p class="center p2">PART IV.—ARTISTIC COPYRIGHT</p> + +<p class="sidenote">Artistic copyright</p> + +<p>34. <i>Meaning of copyright.</i>—The copyright in an artistic +work means the exclusive right of the owner of the copyright to reproduce +or authorise another person to reproduce the artistic work, or any +material part of it, in any manner, form, or size, in any material, or by +any process, or for any purpose.</p> + +<p><a name="Page_590" id="Page_590"></a><span class="pagenum">[Pg +590]</span> 35. <i>Copyright in artistic works.</i>—Copyright shall +subsist in every artistic work whether the author is a British subject or +not, which is made in Australia after the commencement of this Act.</p> + +<p class="sidenote">Commencement and term</p> + +<p>36. <i>Commencement and term of artistic copyright.</i>—The +copyright in an artistic work shall begin with the making of the work, and +shall subsist for the term of forty-two years or for the author's life and +seven years whichever shall last the longer.</p> + +<p class="sidenote">Ownership</p> + +<p>37. <i>Ownership of copyright in artistic work.</i>—The author of +an artistic work shall be the first owner of the copyright in the +work.</p> + +<p class="sidenote">Portraits</p> + +<p>38. <i>Copyright in portraits.</i>—When an artistic work, being a +portrait, is made to order for valuable consideration, the person to whose +order it is made shall be entitled to the copyright therein as if he were +the author thereof.</p> + +<p class="sidenote">Photographs</p> + +<p>39. <i>Copyright in photographs.</i>—(1.) When a photograph is +made to order for valuable consideration the person to whose order it is +made shall be entitled to the copyright therein as if he were the author +thereof.</p> + +<p>(2). Subject to subsection (1) of this section, when a photograph is +made by an employee on behalf of his employer the employer shall be deemed +to be the author of the photograph.</p> + +<p class="sidenote">Engravings and prints</p> + +<p>40. <i>Engravings and prints.</i>—(1.) Subject to section +thirty-four of this Act the engraver or other person who makes the plate +or other instrument by which copies of an artistic work are multiplied +shall be deemed to be the author of the copies produced by means of the +plate or instrument.</p> + +<p>(2.) When the plate or other instrument mentioned in this section is +made by an employee on behalf of his employer the employer shall be deemed +to be the author of the copies produced by means of the plate or +instrument.</p> + +<p class="sidenote">Sale of painting, etc.</p> + +<p>41. <i>Copyright in case of sale of painting, statue, or bust.</i> +(1.)—When the owner of the copyright in any artistic work being a +painting, or a statue, bust, or other like work, disposes of such work for +valuable consideration, but does <a name="Page_591" +id="Page_591"></a><span class="pagenum">[Pg 591]</span>not assign the +copyright therein, the owner of the copyright (except as in this section +mentioned) may in the absence of any agreement in writing to the contrary +make a replica of such work.</p> + +<p class="sidenote">Right to make replicas</p> + +<p><i>Right of author to make replicas of statues, etc., in public +places.</i> (2.)—When a statue, bust, or other like work, whether +made to order or not, is placed or is intended to be placed in a street or +other like public place, the author may, in the absence of any agreement +to the contrary, make replicas thereof.</p> + +<p class="sidenote">Personal property</p> + +<p>42. <i>Artistic copyright is personal property.</i>—The copyright +in an artistic work shall be personal property, and shall be capable of +assignment and of transmission by operation of law.</p> + +<p class="sidenote">Copyright and ownership</p> + +<p>43. <i>Copyright and ownership in artistic works.</i>—The +copyright in an artistic work and the ownership of the artistic work shall +be deemed to be distinct properties for the purposes of ownership, +assignment, licence, transmission, and all other purposes.</p> + +<p class="sidenote">Assignment</p> + +<p>44. <i>Assignment of copyright.</i>—The owner of the copyright in +an artistic work may assign his right wholly or partially and either +generally or limited to any particular place or period and may grant any +interest therein by licence; but an assignment or grant shall not be valid +unless it is in writing signed by the owner of the copyright.</p> + +<p class="center p2">PART V.—INFRINGEMENT OF COPYRIGHT</p> + +<p class="sidenote">Infringement</p> + +<p>45. <i>Infringement of rights under Act.</i>—If any person +infringes any right conferred by this Act in respect of the right in a +book, the performing right in dramatic or musical work, the lecturing +right in a lecture, or the copyright in an artistic work, the owner of the +right infringed may maintain an action for damages or penalties or +profits, and for an injunction, or for any of those remedies.</p> + +<p class="sidenote">Damages under performing or lecturing right</p> + +<p>46. <i>Damages in case of performing right or lecturing +right.</i>—In assessing the damages in respect of the infringement +of the performing right in a dramatic or musical work or the lecturing +right in a lecture, regard shall be had to the amount of profit made by +the infringer by reason of the infringement, <a name="Page_592" +id="Page_592"></a><span class="pagenum">[Pg 592]</span>and to the amount +of actual damage incurred by the owner of the performing or lecturing +right.</p> + +<p class="sidenote">Objection to title</p> + +<p>47. <i>Notice of objection to title.</i>—The plaintiff in any +action for the infringement of a right conferred by this Act shall be +presumed to be the owner of the right which he claims, unless the +defendant in his pleadings in defence pleads that the defendant disputes +the title of the plaintiff, and states the grounds on which the plea is +founded, and the name of the person, if any, whom the defendant alleges to +be the owner of the right.</p> + +<p class="sidenote">Limitation of actions</p> + +<p>48. <i>Limitation of actions.</i> (<i>Cf. 5-6 Vict. c. 45, s. +26.</i>)—No action for any infringement of copyright, performing +right, or lecturing right under this Act shall be maintainable unless it +is commenced within two years next after the infringement is +committed.</p> + +<p class="sidenote">Property in pirated works</p> + +<p>49. <i>Property in pirated books or artistic work.</i>—All +pirated books and all pirated artistic works shall be deemed to be the +property of the owner of the copyright in the book or work and may, +together with the plates, blocks, stone, matrix, negative, or thing, if +any, from which they are printed or made, be recovered by him by action or +other lawful method.</p> + +<p class="sidenote">Penalties</p> + +<p>50. <i>Penalties for dealing with pirated books.</i>—If any +person—</p> + +<p class="indent">(<i>a</i>) sells, or lets for hire, or exposes offers or +keeps for sale or hire, any pirated book or any pirated artistic work; +or</p> + +<p class="indent">(<i>b</i>) distributes, or exhibits in public, any +pirated book or any pirated artistic work; or</p> + +<p class="indent">(<i>c</i>) imports into Australia any pirated book or +any pirated artistic work,</p> + +<p>he shall be guilty of an offence against this Act, and shall be liable +to a penalty not exceeding Five pounds for each copy of such pirated book +or pirated artistic work dealt with in contravention of this section, and +also to forfeit to the owner of the copyright every such copy so dealt +with, and also to forfeit the plates, blocks, stone, matrix, negative, or +thing, if any, from which the pirated book or pirated artistic work was +printed or made.</p> + +<p><a name="Page_593" id="Page_593"></a><span class="pagenum">[Pg +593]</span> Provided that the whole penalties inflicted on any one +offender in respect of the same transaction shall not exceed Fifty +pounds.</p> + +<p>Provided also that no person shall be convicted of an offence under +this section if he proves to the satisfaction of the court at the hearing +that he did not know, and could not with reasonable care have ascertained, +that the book was a pirated book or the work was a pirated artistic +work.</p> + +<p class="sidenote">Liability as to theatre</p> + +<p>51. <i>Liability in respect of use of theatre.</i>—Where a +dramatic or musical work is performed in a theatre or other place in +infringement of the performing right of the owner of that right, the +proprietor tenant or occupier who permitted the theatre or place to be +used for the performance shall be deemed to have infringed the performing +right and shall be guilty of an offence against this Act, and shall be +liable to a penalty not exceeding Five pounds for each such offence and +the court may, in addition to the penalty, order the defendant to pay to +the owner of the performing right in respect of each such infringement a +sum by way of damages to the amount of Ten pounds, or to such amount as +the court deems equal to the profits made by the performance of the work, +whichever sum is greater.</p> + +<p>Provided that no person shall be convicted of an offence under this +section if he proves to the satisfaction of the court at the hearing that +he did not know and could not with reasonable care have ascertained that +the dramatic or musical work was performed in infringement of the +performing right of the owner of that right.</p> + +<p class="sidenote">Search warrant and seizure</p> + +<p>52. <i>Search warrant and seizure of pirated copies.</i>—(1.) A +justice of the peace may upon the application of the owner of the +copyright in any book or in any artistic work or of the agent of such +owner appointed in writing:—</p> + +<p class="indent">(<i>a</i>) If satisfied by evidence that there is +reasonable ground for believing that pirated books or pirated artistic +works are being sold, or offered for sale—issue a warrant, in +accordance with the form prescribed, authorising any constable to seize +the pirated books or pirated artistic works and to bring them before a +court of summary jurisdiction.</p> + +<p class="indent"><a name="Page_594" id="Page_594"></a><span +class="pagenum">[Pg 594]</span> (<i>b</i>) If satisfied by evidence that +there is reasonable ground for believing that pirated books or pirated +artistic works are to be found in any house, shop, or other +place—issue a warrant, in accordance with the form prescribed, +authorising any constable to search between sunrise and sunset, the place +where the pirated books are supposed to be, and to seize and bring them or +any books or artistic works reasonably suspected to be pirated books or +pirated artistic works before a court of summary jurisdiction.</p> + +<p>(2.) A court of summary jurisdiction may, on proof that any books or +artistic works brought before it in pursuance of this section are pirated +books or pirated artistic works, order them to be destroyed or to be +delivered up, subject to such conditions, if any, as the court thinks fit, +to the owner of the copyright in the book or artistic work.</p> + +<p class="sidenote">Delivery up of pirated works</p> + +<p>53. <i>Power of owner of copyright to require delivery to him of +pirated books and works.</i>—</p> + +<p>(1.) The owner of the copyright in any book or artistic work, or the +agent of such owner appointed in writing, may by notice, in accordance +with the prescribed form, require any person to deliver up to him any +pirated reproduction of the book or work, and every person to whom such +notice has been given, and who has any pirated reproduction of the book or +work in his possession or power, shall deliver up the pirated reproduction +of the book or work in accordance with the notice.</p> + +<p>Penalty: Ten Pounds.</p> + +<p>(2.) A person shall not give any notice in accordance with this section +without just cause.</p> + +<p>Penalty: Twenty pounds.</p> + +<p>(3.) In any prosecution under subsection (2) of this section the +defendant shall be deemed to have given the notice without just cause +unless he proves, to the satisfaction of the court at the hearing, that at +the time of giving the notice he was the owner of the copyright in the +book or artistic work or was the agent of such owner appointed in writing, +and had reasonable ground to believe that the person <a name="Page_595" +id="Page_595"></a><span class="pagenum">[Pg 595]</span>to whom the notice +was given had pirated reproductions of the book or work in his possession +or power.</p> + +<p class="sidenote">Power to forbid performance</p> + +<p>54.—<i>Power of owner of performing right to forbid performance +in infringement of his right.</i>—(1.) The owner of the performing +right in a musical or dramatic work, or the agent of the owner appointed +in writing, may, by notice in writing in accordance with the prescribed +form, forbid the performance of the musical or dramatic work in +infringement of his right, and require any person to refrain from +performing or taking part in the performance of the musical or dramatic +work, and every person to whom a notice has been given in accordance with +this section shall refrain from performing or taking part in the +performance of the musical or dramatic work specified in the notice in +infringement of the performing right of such owner.</p> + +<p>Penalty: Ten pounds.</p> + +<p>(2.) A person shall not give any notice in pursuance of this section +without just cause.</p> + +<p>Penalty: Twenty pounds.</p> + +<p>(3.) In any prosecution under subsection (2) of this section, the +defendant shall be deemed to have given the notice without just cause +unless he proves, to the satisfaction of the court at the hearing, that at +the time of giving the notice he was the owner of the performing right in +the musical or dramatic work, or the agent of the owner appointed in +writing, and had reasonable ground to believe that the person to whom the +notice was given was about to perform or take part in the performance of +the musical or dramatic work in infringement of the performing right of +the owner.</p> + +<p class="sidenote">False representations</p> + +<p>55. <i>Penalty for false representations in notices.</i>—Any +person, who in any notice given in pursuance of this Act, makes a +representation, which is false in fact and which he knows to be false or +does not believe to be true, that he is</p> + +<p class="indent">(<i>a</i>) the owner of the copyright in any book or +artistic work, or</p> + +<p class="indent">(<i>b</i>) the owner of the performing right in a +musical or dramatic work, or</p> + +<p class="indent">(<i>c</i>) the agent of any such owner,</p> + +<p>shall be guilty of an offence against this Act.</p> + +<p><a name="Page_596" id="Page_596"></a><span class="pagenum">[Pg +596]</span> Penalty: Two years' imprisonment.</p> + +<p class="sidenote">Request to police</p> + +<p>56. <i>Request to police to seize pirated books and +works.</i>—</p> + +<p>(1.) The owner of the copyright in any book or artistic work or the +agent of such owner appointed in writing may, in accordance with the +prescribed form, request that any pirated reproductions of the book or +work be seized by the police, and may lodge the request at any police +station.</p> + +<p>(2.) Any police constable in the town or district in which the police +station is situated (whether in the service of the Commonwealth or a +State), may, at any time in the day time within seven days after the +request was so lodged, seize all pirated reproductions of the book or work +mentioned in the notice, and all reproductions of the book or work which +he has reasonable ground to believe are pirated reproductions, found by +him in the possession of any person other than the owner of the copyright +in the book or work.</p> + +<p>(3.) Every police constable who seizes any books or works in pursuance +of this section shall forthwith bring all such books or works before a +court of summary jurisdiction.</p> + +<p>(4.) A court of summary jurisdiction may, on the application of any +person interested, make such order for the disposal of the books or works +as he thinks just.</p> + +<p>(5.) A person shall not lodge any request at any police station in +accordance with this section without just cause.</p> + +<p>Penalty: Twenty pounds.</p> + +<p>(6.) In any prosecution under subsection (5) of this section the +defendant shall be deemed to have lodged the request without just cause +unless he proves, to the satisfaction of the court at the hearing, that at +the time of lodging the request he was the owner of the copyright in the +book or artistic work, or was the agent of such owner appointed in writing +and had reasonable ground to believe that pirated reproductions of the +book or work were being unlawfully sold, or let for hire, or exposed or +offered or kept for sale or hire, or distributed, or exhibited in public, +in the town or district in which the police station is situated.</p> + +<p class="sidenote">Application of penalties</p> + +<p>57. <i>Application of penalties.</i>—Where proceedings for <a +name="Page_597" id="Page_597"></a><span class="pagenum">[Pg 597]</span>any +penalty under this Act are instituted by the owner of the copyright in any +book or in any artistic work or by the owner of the artistic work, the +penalty shall be paid to him by way of compensation for the injury he has +sustained. In any other case the penalty shall be paid to the Consolidated +Revenue Fund.</p> + +<p class="sidenote">Aiders and abettors</p> + +<p>58. <i>Aiders and abettors.</i>—Whoever aids, abets, counsels, or +procures, or by act or omission is in any way, directly or indirectly, +knowingly concerned in the commission of any offence against this Act, +shall be deemed to have committed that offence, and shall be punishable +accordingly.</p> + +<p class="sidenote">Limitation in court of summary jurisdiction</p> + +<p>59. <i>Limitation of actions in court of summary +jurisdiction.</i>—Proceedings may be instituted in any court of +summary jurisdiction for the recovery of any penalty under this Act, but +no such proceedings shall be instituted after the expiration of six months +from the date of the offence in respect of which the penalty is +imposed.</p> + +<p class="sidenote">Appeal</p> + +<p>60. <i>Appeal from courts of summary jurisdiction.</i>—An appeal +shall lie from any conviction or order (including any dismissal of any +information, complaint, or application) of a court of summary +jurisdiction, exercising jurisdiction with respect to any offence or +matter under this Act, to the court and in the manner and time provided by +the law of the State in which the proceedings were instituted in the case +of appeals from courts of summary jurisdiction in that State.</p> + +<p class="sidenote">Importation of pirated works</p> + +<p>61. <i>Importation of pirated works.</i>—(1.) The following goods +are prohibited to be imported:—</p> + +<p class="indent">(<i>a</i>) All pirated books in which copyright is +subsisting in Australia (whether under this Act or otherwise), and</p> + +<p class="indent">(<i>b</i>) All pirated artistic works in which copyright +is subsisting in Australia (whether under this Act or otherwise).</p> + +<p>(2.) All pirated books and pirated artistic works imported into +Australia contrary to this section shall be forfeited and may be seized by +any officer of Customs.</p> + +<p>(3.) Subject to this Act the provisions of the Customs <a +name="Page_598" id="Page_598"></a><span class="pagenum">[Pg +598]</span>Act, 1901, shall apply to the seizure and forfeiture of pirated +books and artistic works under this section to the same extent as if they +were prohibited imports under that Act.</p> + +<p>(4.) The provisions of this section shall not apply to any book or +artistic work unless the owner of the copyright therein or his agent has +given written notice to the Minister of the existence of the copyright and +of its term.</p> + +<p>(5.) A notice given to the Commissioners of Customs of the United +Kingdom, by the owner of the copyright or his agent, of the existence of +the copyright in a book or artistic work and of its term, and communicated +by the said Commissioners to the Minister shall be deemed to have been +given by the owner to the Minister.</p> + +<p class="center p2">PART VI.—INTERNATIONAL AND STATE COPYRIGHT</p> + +<p class="sidenote">Protection of international and state copyrights</p> + +<p>62. <i>Protection in Australia of international and State +copyright.</i>—The owner of any copyright or performing right in any +literary, musical, or dramatic work or artistic work entitled to +protection in Australia by virtue of any Act of the Parliament of the +United Kingdom or entitled to protection in any State by virtue of any +State Copyright Act in force at the commencement of this Act shall on +obtaining a certificate of the registration of his copyright or performing +right under this part of this Act have the same protection in the +Commonwealth against the infringement of his copyright or performing right +as the owner of any copyright or performing right under this Act.</p> + +<p class="sidenote">Registration of international copyright</p> + +<p>63. <i>Registration of international copyright.</i>—(1.) The +owner of any copyright or performing right who desires to obtain the +benefit of this part of this Act may, in manner and in accordance with the +form prescribed, make application to the Registrar for the registration of +his copyright or performing right.</p> + +<p>(2.)—The Registrar may thereupon, and on being satisfied by proof +of the prescribed particulars and on payment of the prescribed fee, +register the copyright or performing right and issue to the applicant a +certificate of registration in accordance with the prescribed form.</p> + +<p><a name="Page_599" id="Page_599"></a><span class="pagenum">[Pg +599]</span></p> + +<p class="center p2">PART VII.—REGISTRATION OF COPYRIGHTS</p> + +<p class="sidenote">Copyright registers</p> + +<p>64. <i>Copyright Registers.</i>—The following Registers of +copyrights shall be kept by the Registrar at the Copyrights +Office:—</p> + +<p class="indent">The Register of Literary Copyrights.<br /> +The Register of Fine Arts Copyrights.<br /> +The Register of International and State Copyrights.</p> + +<p class="sidenote">Method of registration</p> + +<p>65. <i>Method of registration.</i>—The owner of any copyright +performing right or lecturing right under this Act may obtain registration +of his right in the manner prescribed.</p> + +<p class="sidenote">Registration of assignments and transmissions</p> + +<p>66. <i>Registration of assignments and transmissions.</i>—When +any person becomes entitled to any copyright performing right or lecturing +right under this Act by virtue of any assignment or transmission, or to +any interest therein by licence, he may obtain registration of the +assignment, transmission, or licence in the manner prescribed.</p> + +<p class="sidenote">How registration effected</p> + +<p>67. <i>How registration effected.</i>—The registration of any +copyright performing right or lecturing right under this Act, or of any +assignment or transmission thereof or of any interest therein by licence, +shall be effected by entering in the proper register, the prescribed +particulars relating to the right, assignment, transmission, or +licence.</p> + +<p class="sidenote">Trusts not registered</p> + +<p>68. <i>Trusts not registered.</i>—(1.) No notice of any trust +expressed, implied, or constructive shall be entered in any Register of +Copyrights under this Act or be receivable by the Registrar.</p> + +<p>(2.) Subject to this section, equities in respect of any copyright +performing right or lecturing right under this Act may be enforced in the +same manner as equities in respect of other personal property.</p> + +<p class="sidenote">Register to be evidence</p> + +<p>69. <i>Register to be evidence.</i>—Every Register of copyrights +under this Act shall be <i>prima facie</i> evidence of the particulars +entered therein and documents purporting to be copies of any entry therein +or extracts therefrom certified by the Registrar and sealed with the seal +of the Copyrights Office shall be admissible in evidence in all Federal or +State courts without further proof or production of the originals.</p> + +<p class="sidenote">Certified copies</p> + +<p>70. <i>Certified copies.</i>—Certified copies of entries in any +<a name="Page_600" id="Page_600"></a><span class="pagenum">[Pg +600]</span>register under this Act or of extracts therefrom shall, on +payment of the prescribed fee, be given to any person applying for +them.</p> + +<p class="sidenote">Inspection of register</p> + +<p>71. <i>Inspection of register.</i>—Each register under this Act +shall be open to public inspection at all convenient times on payment of +the prescribed fee.</p> + +<p class="sidenote">Correction of register</p> + +<p>72. <i>Correction of register.</i>—The registrar may, in +prescribed cases and subject to the prescribed conditions, amend or alter +any register under this Act by—</p> + +<p class="indent">(<i>a</i>) correcting any error in any name, address, or +particular; and</p> + +<p class="indent">(<i>b</i>) entering any prescribed memorandum or +particular relating to copyright or other right under this Act.</p> + +<p class="sidenote">Rectification of register by the court</p> + +<p>73. <i>Rectification of register by the court.</i>—(1.) Subject +to this Act the Supreme Court of any State or a judge thereof may, on the +application of the Registrar or of any person aggrieved, order the +rectification of any register under this Act by—</p> + +<p class="indent">(<i>a</i>) the making of any entry wrongly omitted to be +made in the register; or</p> + +<p class="indent">(<i>b</i>) the expunging of any entry wrongly made in or +remaining on the register; or</p> + +<p class="indent">(<i>c</i>) the correction of any error or defect in the +register.</p> + +<p>(2.) An appeal shall lie to the High Court from any order for the +rectification of any register made by a Supreme Court or a Judge under +this section.</p> + +<p class="sidenote">No suit before registration</p> + +<p>74. <i>Owner cannot sue before registration.</i>—(1.) The owner +of any copyright or performing right under this Act or of any interest +therein by licence shall not be entitled to bring any action or suit or +institute any proceedings for any infringement of the copyright or +performing right unless such right or interest has been registered in +pursuance of this Act.</p> + +<p>(2.) When such right or interest has been registered the owner thereof +may, subject to this Act, bring actions or suits or institute proceedings +for infringements of the copyright or performing right, whether those +infringements happened before or after the registration.</p> + +<p>(3.) This section shall not affect the right of the owner <a +name="Page_601" id="Page_601"></a><span class="pagenum">[Pg 601]</span>of +the lecturing right in a lecture to bring actions or suits or institute +proceedings for infringements of his lecturing right.</p> + +<p class="sidenote">Deposit</p> + +<p>75. <i>Delivery of books to registrar.</i>—(1.) Every person +applying for the registration of the copyright in any book shall deliver +to the Registrar two copies of the whole book with all maps and +illustrations belonging thereto, finished and coloured in the same manner +as the best copies of the book are published and bound, sewed, or stitched +together, and on the best paper on which the book is printed.</p> + +<p>(2.) Every person applying for the registration of the copyright in any +work of art shall deliver to the Registrar one copy of the work of art or +a photograph of it.</p> + +<p>(3.) The Registrar shall refuse to register the copyright in any book +or work of art until subsections (1) and (2) of this section have been +complied with.</p> + +<p>(4.) One copy of each book delivered to the Registrar in pursuance of +this section shall be forwarded by him to the librarian of the Parliament, +and the other copy shall be retained by the Registrar, until otherwise +prescribed.</p> + +<p class="sidenote">False representation</p> + +<p>76. <i>False representation to registrar.</i> <i>Patents Act, 1903, s. +112.</i>—No person shall wilfully make any false statement or +representation to deceive the Registrar or any officer in the execution of +this part of this Act, or to procure or influence the doing or omission of +any thing in relation to this part of this Act or any matter +thereunder.</p> + +<p>Penalty: Three years' imprisonment.</p> + +<p class="center p2">PART VIII.—MISCELLANEOUS</p> + +<p class="sidenote">Suppression of books</p> + +<p>77. <i>Provision against suppression of books.</i>—If the +Governor-General is satisfied that the owner of the copyright in any book, +or of the performing right in any dramatic work or musical work, or of the +lecturing right in any lecture, has refused, after the death of the +author, to republish or allow republication of the book, or the public +performance of the dramatic or musical work, or the publication as a book +of the lecture, and that by reason thereof the book, dramatic work, +musical work, or lecture is withheld from the public, he may grant any +person applying for <a name="Page_602" id="Page_602"></a><span +class="pagenum">[Pg 602]</span>it a licence to republish the book, or to +perform the dramatic work, or musical work, or to publish the lecture as a +book, in such manner and subject to such conditions as to the +Governor-General seem fit.</p> + +<p class="sidenote">Award of costs</p> + +<p>78. <i>Power to award costs.</i>—In any action or proceeding +taken in any court under this Act, the court shall have power to award +costs at its discretion.</p> + +<p class="sidenote">Regulations</p> + +<p>79. <i>Regulations.</i>—The Governor-General may make +regulations, not inconsistent with this Act, prescribing all matters which +by this Act are required or permitted to be prescribed, or which are +necessary or convenient to be prescribed for giving effect to this Act, or +for the conduct of any business relating to the Copyrights Office.</p> + +<p><a name="Page_603" id="Page_603"></a><span class="pagenum">[Pg +603]</span></p> + +<p class="blockquote">Transcriber's Note: In the original book, from page 603 through +632, the text of the Berne and Berlin Conventions is presented in +two-column format. The Berlin Convention text is in order, but publisher +reconfigured the text of the Berne Convention was so that sections +addressing the same issue could be read side-by-side. In this e-book, the +texts were separated; sidenotes and page numbers that apply to both +Conventions are presented in each. No attempt was made to reorder the text +of the Berne Convention.</p> + +<h2 class="p2">III</h2> + +<h3>INTERNATIONAL COPYRIGHT UNION: CONVENTIONS</h3> + +<h3><a name="Page_603a"></a>9. BERNE CONVENTION, 1886,</h3> + +<p class="center">with Paris amendments, 1896, <i>in italics</i> +[omissions bracketed].</p> + +<p class="center"><span class="smcap">Article I</span></p> + +<p class="sidenote">Union to protect literary and artistic +works</p> + +<p>The contracting States are constituted into an Union for the protection +of the rights of authors over their literary and artistic works.</p> + +<p class="center"><span class="smcap">Article IV</span></p> + +<p class="sidenote">Definition of "literary and artistic works"</p> + +<p>The expression "literary and artistic works" comprehends books, +pamphlets, and all other writings; dramatic or dramatico-musical works, +musical compositions with or without words; works of design, painting, +sculpture, and engraving; lithographs, illustrations, geographical charts; +plans, sketches, and plastic works relative to geography, topography, +architecture, or science in general; in fact, every production whatsoever +in the literary, scientific, or artistic domain which can be published by +any mode of impression or reproduction.</p> + +<p class="center"><a name="Page_604a" id="Page_604a"></a><span +class="pagenum">[Pg 604]</span><span class="smcap">Paris</span> II, 1</p> + +<p class="sidenote">Works of architecture protected</p> + +<p>(<i>a.</i>) <i>In the countries of the Union in which protection is +accorded not only to architectural designs, but to the actual works of +architecture, those works are admitted to the benefit of the provisions of +the Convention of Berne and of the present additional act.</i></p> + +<p class="center"><span class="smcap">Protocol</span></p> + +<p class="sidenote">Choreographic works protected</p> + +<p>2. As regards Article IX, it is agreed that those countries of the +Union whose legislation implicitly includes choreographic works amongst +dramatico-musical works, expressly admit the former works to the benefits +of the Convention concluded this day.</p> + +<p>It is, however, understood that questions which may arise on the +application of this clause shall rest within the competence of the +respective tribunals to decide.</p> + +<p class="center"><span class="smcap">Article</span> VI</p> + +<p class="sidenote">Translations, arrangements, and adaptations +protected</p> + +<p>Authorized translations are protected as original works. They +consequently enjoy the protection stipulated in Articles II and III as +regards their unauthorized reproduction in the countries of the Union.</p> + +<p class="sidenote">New translations by other writers</p> + +<p><a name="Page_605a" id="Page_605a"></a><span class="pagenum">[Pg +605]</span>It is understood that, in the case of a work for which the +translating right has fallen into the public domain, the translator cannot +oppose the translation of the same work by other writers.</p> + +<p class="center"><span class="smcap">Protocol</span></p> + +<p class="sidenote">Photographic works protected</p> + +<p>1. As regards Article IV, it is agreed [that those countries of the +Union where the character of artistic works is not refused to photographs, +engage to admit them to the benefits of the Convention concluded to-day, +from the date of its coming into effect. They are, however, not bound to +protect the authors of such works further than is permitted by their own +legislation, except in the case of international engagements already +existing, or which may hereafter be entered into by them.</p> + +<p class="center"><span class="smcap">Paris II, 1</span></p> + +<p>(<i>b.</i>) <i>Photographic works, and those obtained by similar +processes, are admitted to the benefit of the provisions of these acts, in +so far as the</i> <a name="Page_606a" id="Page_606a"></a><span +class="pagenum">[Pg 606]</span><i>domestic legislation allows this to be +done, and according to the measure of protection which it gives to similar +national works.</i></p> + +<p class="center">[<span class="smcap">Protocol 1, par. 2</span>]</p> + +<p class="sidenote">Photograph of work of art protected</p> + +<p>It is understood that an authorized photograph of a protected work of +art shall enjoy legal protection in all the countries of the Union, as +contemplated by the said Convention <i>and the additional act</i>, for the +same period as the principal right of reproduction of the work itself +subsists, and within the limits of private arrangements between those who +have legal rights.</p> + +<p class="center"><span class="smcap">Article II</span></p> + +<p class="sidenote">Authors to enjoy in countries of the Union the rights +granted to natives</p> + +<p>Authors of any one of the countries of the Union, or their lawful +representatives, shall enjoy in the other countries for their works +[whether published in one of those countries or unpublished], <i>either +not published or published for the first time in one of those +countries</i>, the rights which the respective laws do now or may +hereafter grant to natives.</p> + +<p class="sidenote">No formalities required<br /> + +[Conditions and formalities of country of origin]</p> + +<p><a name="Page_607a" id="Page_607a"></a><span class="pagenum">[Pg +607]</span>The enjoyment of these rights is subject to the accomplishment +of the conditions and formalities prescribed by law in the country of +origin of the work, and cannot exceed in the other countries the term of +protection granted in the said country of origin.</p> + +<p class="center">[<span class="smcap">Paris Declaration]</span></p> + +<p>1. <i>By the terms of paragraph 2 of Article II of the Convention, the +protection granted by the aforementioned Act depends solely on the +accomplishment in the country of origin of the work of the conditions and +formalities that may be prescribed by the legislation of that country. The +same rule applies to the protection of the photographic works mentioned in +No. 1 (b), of the modified "Protocole de Clôture."</i></p> + +<p class="center">[<span class="smcap">Art. II, par. 3, 4]</span></p> + +<p class="sidenote">Definition of country of origin</p> + +<p>The country of origin of the work is that in which the work is first +published, or if such publication takes place simultaneously in several +countries of the Union, that one of them in which the shortest term of +protection is granted by law. <a name="Page_608a" id="Page_608a"></a><span +class="pagenum">[Pg 608]</span>For unpublished works the country to which +the author belongs is considered the country of origin of the work.</p> + +<p class="center"><span class="smcap">Paris Declaration</span></p> + +<p class="sidenote">Published works</p> + +<p>2. <i>By "published" works must be understood works actually issued to +the public in one of the countries of the Union. Consequently, the +representation of a dramatic or dramatico-musical work, the performance of +a musical work, the exhibition of a work of art, do not constitute +publication in the sense of the aforementioned Acts.</i></p> + +<p class="center"><a name="Page_609a" id="Page_609a"></a><span +class="pagenum">[Pg 609]</span><span class="smcap">Article III</span></p> + +<p class="sidenote">Authors not belonging to countries of the Union also +protected if they first publish in a Union country</p> + +<p>[The stipulations of the present Convention apply equally to the +publishers of literary and artistic works published in one of the +countries of the Union, but of which the authors belong to a country which +is not a party to the Union.]</p> + +<p><i>Authors, not subjects of one of the countries of the Union, but who +shall have published or caused to be published for the first time, their +literary or artistic works in one of those countries, shall enjoy for +those works the protection accorded by the Berne Convention, and by the +present additional act.</i></p> + +<p class="center">[<span class="smcap">Art. II, par. 2</span>]</p> + +<p>The enjoyments of these rights ... cannot exceed in the other countries +the term of protection granted in the said country of origin.</p> + +<p class="center"><a name="Page_610a" id="Page_610a"></a><span +class="pagenum">[Pg 610]</span>[<span class="smcap">Art. II, add. +par.</span>]</p> + +<p class="sidenote">Term for photographic, posthumous, anonymous or +pseudonymous works</p> + +<p><i>Posthumous works are included amongst protected works</i>.</p> + +<p class="center"><span class="smcap">Article V</span></p> + +<p class="sidenote">Exclusive right of translation</p> + +<p>Authors of any of the countries of the Union, or their lawful +representatives, shall enjoy in the other countries the exclusive right of +making or authorizing the translation of their works [until the expiration +of ten years from the publication of the original work in one of the +countries of the Union] <i>during the whole duration of the right in the +original work. But the exclusive right of translation shall cease to exist +when the author shall not have made use of it within a period of ten years +from the first publication of the original</i> <a name="Page_611a" +id="Page_611a"></a><span class="pagenum">[Pg 611]</span><i>work, by +publishing or causing to be published in one of the countries of the +Union, a translation in the language for which protection shall be +claimed.</i></p> + +<p class="sidenote">Works published in incomplete parts</p> + +<p>For works published in incomplete parts ("livraisons") the period of +ten years commences from the date of publication of the last part of the +original work.</p> + +<p class="sidenote">Works published in several volumes</p> + +<p>For works composed of several volumes published at intervals, as well +as for bulletins or collections ("cahiers") published by literary or +scientific societies, or by private persons, each volume, bulletin, or +collection is, with regard to the period of ten years, considered a +separate work.</p> + +<p>In the cases provided for by the present article, and for the +calculation of the period of protection, the 31st of December of the year +in which the work was published is admitted as the date of +publication.</p> + +<p class="center"><span class="smcap">Article VII</span></p> + +<p class="sidenote">Serials and other works in newspapers or periodicals +protected</p> + +<p><i>Serial stories ("romans-feuilletons"), including novels, published +in newspapers or periodicals of one of the countries of the Union, cannot</i> +<a name="Page_612a" id="Page_612a"></a><span class="pagenum">[Pg +612]</span> <i>be reproduced, in original or in translation, in the other +countries, without the authorization of their authors or of their lawful +representatives.</i></p> + +<p class="sidenote">Reproduction of newspaper articles</p> + +<p>[Articles from newspapers or periodicals published in any of the +countries of the Union may be reproduced in original or in translation in +the other countries of the Union, unless the authors or publishers have +expressly forbidden it. For periodicals it is sufficient if the +prohibition is made in a general manner at the beginning of each number of +the periodical.]</p> + +<p><i>This applies equally to other articles in newspapers or periodicals, +whenever the authors or publishers shall have expressly declared in the +paper or periodical in which they may have published them, that they +forbid their reproduction. For periodicals it is sufficient if the +prohibition is made in a general way, at the beginning of each +number.</i></p> + +<p><i>In the absence of prohibition, reproduction will be permitted on +condition of indicating the source.</i></p> + +<p class="sidenote">News matter not protected</p> + +<p>This prohibition cannot in any case apply to articles <a +name="Page_613a" id="Page_613a"></a><span class="pagenum">[Pg 613]</span>of +political discussion, [or to the reproduction of news of the day or +current topics,] <i>to the news of the day, or to current topics</i>.</p> + +<p class="center"><span class="smcap">Article VIII</span></p> + +<p class="sidenote">Extracts from literary or artistic works</p> + +<p>As regards the liberty of extracting portions from literary or artistic +works for use in publications destined for educational or scientific +purposes or for chrestomathies, the matter is to be decided by the +legislation of the different countries of the Union, or by special +arrangements existing or to be concluded between them.</p> + +<p class="center"><span class="smcap">Article IX</span></p> + +<p class="sidenote">Representation of dramatic or dramatico-musical +works</p> + +<p>The stipulations of Article II apply to the public representation of +dramatic or dramatico-musical works whether such works be published or +not.</p> + +<p class="sidenote">Representation of translations</p> + +<p>Authors of dramatic or dramatico-musical works, or their lawful +representatives, are, during the existence of their exclusive right of +translation, equally protected against the unauthorized public +representation of translations of their works.</p> + +<p class="sidenote">Notice of prohibition of performance not +required</p> + +<p><a name="Page_614a" id="Page_614a"></a><span class="pagenum">[Pg +614]</span>The stipulations of Article II apply equally to the public +performance of unpublished musical works, or of published works in which +the author has expressly declared on the title-page or commencement of the +work that he forbids the public performance.</p> + +<p class="center"><span class="smcap">Article X</span></p> + +<p class="sidenote">Adaptations, etc., considered as infringements</p> + +<p>Unauthorized indirect appropriations of a literary or artistic work of +various kinds such as adaptations, arrangements of music, etc., are +specially included amongst the illicit reproductions to which the present +Convention applies, when they are only the reproduction of a particular +work, in the same form, or in another form, with non-essential +alterations, or abridgements, so made as not to confer the character of a +new original work.</p> + +<p class="center"><span class="smcap">Paris Declaration</span></p> + +<p>3. <i>The transformation of a novel into a play, or of a play into a +novel, comes under the stipulations of Article X.</i></p> + +<p class="center"><a name="Page_615a" id="Page_615a"></a><span +class="pagenum">[Pg 615]</span>[<span class="smcap">Article X, par. +2</span>]</p> + +<p>It is agreed that, in the application of the present article, the +tribunals of the various countries of the Union will, if there is +occasion, take into account limitations of their respective laws.</p> + +<p class="center"><span class="smcap">Protocol</span></p> + +<p class="sidenote">Adaptation of musical works to mechanical +instruments</p> + +<p>3. It is understood that the manufacture and sale of instruments for +the mechanical reproduction of musical airs which are copyright, shall not +be considered as constituting an infringement of musical copyright.</p> + +<p class="center"><a name="Page_616a" id="Page_616a"></a><span +class="pagenum">[Pg 616]</span><br /> + +<a name="Page_617a" id="Page_617a"></a><span class="pagenum">[Pg +617]</span><span class="smcap">Article XI</span></p> + +<p class="sidenote">Author's name on work as proof of authorship</p> + +<p>In order that the authors of works protected by the present Convention +shall, in the absence of proof to the contrary, be considered as such, and +be consequently admitted to institute proceedings against piracies before +the courts of the various countries of the Union, it will be sufficient +that their name be indicated on the work in the accustomed manner.</p> + +<p class="sidenote">Publisher of anonymous or pseudonymous works +considered as representative of author</p> + +<p>For anonymous or pseudonymous works, the publisher whose name is +indicated on the work is entitled to protect the rights belonging to the +author. He is, without other proof, reputed the lawful representative of +the anonymous or pseudonymous author.</p> + +<p>It is, nevertheless, agreed that the tribunals may, if necessary, +require the production of a certificate from the competent authority to +the effect that the formalities prescribed by law in the <a +name="Page_618a" id="Page_618a"></a><span class="pagenum">[Pg +618]</span>country of origin have been accomplished, as contemplated in +Article II.</p> + +<p class="center"><span class="smcap">Article XII</span></p> + +<p class="sidenote">Seizure of pirated copies</p> + +<p>Pirated works may be seized [on importation into] <i>by the competent +authorities of</i> those countries of the Union where the original work +enjoys legal protection.</p> + +<p class="sidenote">Seizure to be made according to the laws of each +country</p> + +<p>The seizure shall take place conformably to the domestic law of each +State.</p> + +<p class="center"><span class="smcap">Article XIII</span></p> + +<p class="sidenote">Each government to exercise supervision</p> + +<p>It is understood that the provisions of the present Convention cannot +in any way derogate from the right belonging to the Government of each +country of the Union to permit, to control, or to prohibit, by measures of +domestic legislation or police, the circulation, representation, or +exhibition of any works or productions in regard to which the competent +authority may find it necessary to exercise that right.</p> + +<p class="center"><a name="Page_619a" id="Page_619a"></a><span +class="pagenum">[Pg 619]</span><span class="smcap">Article XIV</span></p> + +<p class="sidenote">Convention to apply to all works not in public +domain</p> + +<p>Under the reserves and conditions to be determined by common agreement, +the present Convention applies to all works which at the moment of its +coming into force have not fallen into the public domain in the country of +origin.</p> + +<p class="center"><span class="smcap">Protocol</span></p> + +<p class="sidenote">Special conventions and domestic legislation may +govern</p> + +<p>4. The common agreement alluded to in Article XIV of the Convention is +established as follows:</p> + +<p>The application of the Convention <i>and of the additional act</i> to +works which have not fallen into the public domain <i>in the country of +origin</i> at the time when [it comes] <i>these acts came</i> into force, +shall operate according to the stipulations on this head which may be +contained in special conventions either existing or to be concluded.</p> + +<p>In the absence of such stipulations between any countries of the Union, +the <a name="Page_620a" id="Page_620a"></a><span class="pagenum">[Pg +620]</span>respective countries shall regulate, each for itself, by its +domestic legislation, the manner in which the principle contained in +Article XIV is to be applied.</p> + +<p class="sidenote">Application to translation</p> + +<p><i>The stipulations of Article XIV of the Convention of Berne and of +the present number of the "Protocole de Clôture" apply equally to the +exclusive right of translation, as granted by the present additional +act.</i></p> + +<p class="sidenote">Provisions to apply to new accessions</p> + +<p><i>The above-mentioned temporary provisions are applicable in case of +new accessions to the Union.</i></p> + +<p class="center"><span class="smcap">Article XV</span></p> + +<p class="sidenote">More extensive rights may be secured by special +treaties</p> + +<p>It is understood that the Governments of the countries of the Union +reserve to themselves respectively the right to enter into separate <a +name="Page_621a" id="Page_621a"></a><span class="pagenum">[Pg 621]</span>and +particular arrangements between each other, provided always that such +arrangements confer upon authors or their lawful representatives more +extended rights than those granted by the Union, or embody other +stipulations not contrary to the present Convention.</p> + +<p class="center"><span class="smcap">Additional Article</span></p> + +<p class="sidenote">Convention not to affect existing conventions +conferring more extended rights</p> + +<p>The Convention concluded this day in no wise affects the maintenance of +existing conventions between the contracting States, provided always that +such conventions confer on authors, or their lawful representatives, +rights more extended than those secured by the Union, or contain other +stipulations which are not contrary to the said Convention.</p> + +<p class="center"><span class="smcap">Protocol</span></p> + +<p class="sidenote">Protocol integral part of Convention</p> + +<p>7. The present Final Protocol, which shall be ratified with the +Convention concluded this day, shall be considered as forming an integral +part of the said Convention, and shall have the same force, effect, and +duration.</p> + +<p class="center"><a name="Page_622a" id="Page_622a"></a><span +class="pagenum">[Pg 622]</span><span class="smcap">Article XVI</span></p> + +<p class="sidenote">Bureau of the International Union</p> + +<p>An International Office is established, under the name of "Office of +the International Union for the Protection of Literary and Artistic +Works."</p> + +<p class="sidenote">Under control of Switzerland</p> + +<p>This Office, of which the expenses will be borne by Administrations of +all the countries of the Union, is placed under the high authority of the +Superior Administration of the Swiss Confederation, and works under its +direction. The functions of this Office are determined by common accord +between the countries of the Union.</p> + +<p class="center"><span class="smcap">Protocol</span></p> + +<p class="sidenote">Organization</p> + +<p>5. The organization of the International Office, established in virtue +of Article XVI of the Convention, shall be fixed by a regulation which +shall be drawn up by the Government of the Swiss Confederation.</p> + +<p class="sidenote">Language of Office to be French</p> + +<p>The official language of the International Office will be French.</p> + +<p class="sidenote">Duties of International Office</p> + +<p><a name="Page_623a" id="Page_623a"></a><span class="pagenum">[Pg +623]</span>The International Office will collect all kinds of information +relative to the protection of the rights of authors over their literary +and artistic works. It will arrange and publish such information. It will +study questions of general utility likely to be of interest to the Union, +and, by the aid of documents placed at its disposal by the different +administrations, will edit a periodical publication in the French language +treating questions which concern the Union. The governments of the +countries of the Union reserve to themselves the faculty of authorizing, +by common accord, the publication by the Office of an edition in one or +more other languages, if experience should show this to be requisite.</p> + +<p class="sidenote">Will furnish information as to copyright</p> + +<p>The International Office will always hold itself at the disposal of +members of the Union, with the view to furnish them with any special +information they may require relative to the protection of literary and +artistic works.</p> + +<p class="sidenote">Annual report of Director of International Bureau</p> + +<p>The Director of the International <a name="Page_624a" +id="Page_624a"></a><span class="pagenum">[Pg 624]</span>Bureau ... will +make an annual report on his administration, which shall be communicated +to all the members of the Union.</p> + +<p class="sidenote">Expenses of the International Office to be shared by +contracting States</p> + +<p>The expenses of the Office of the International Union shall be shared +by the contracting States. Unless a fresh arrangement be made, they cannot +exceed a sum of sixty thousand francs a year. This sum may be increased by +the decision of one of the Conferences provided for in Article XVII.</p> + +<p class="sidenote">Method of sharing expenses</p> + +<p>The share of the total expense to be paid by each country shall be +determined by the division of the contracting and acceding States into six +classes, each of which shall contribute in the proportion of a certain +number of units, viz.:</p> + +<table summary="sharing of expenses Berne"> + +<tr><td class="left">First class</td><td class="right">25 units</td></tr> +<tr><td class="left">Second class</td><td class="right">20 units</td></tr> +<tr><td class="left">Third class</td><td class="right">15 units</td></tr> +<tr><td class="left">Fourth class</td><td class="right">10 units</td></tr> +<tr><td class="left">Fifth class</td><td class="right">5 units</td></tr> +<tr><td class="left">Sixth class</td><td class="right">3 units</td></tr> + +</table> + +<p>These coefficients will be multiplied by the number of States of each +class, and the total product thus obtained <a name="Page_625a" +id="Page_625a"></a><span class="pagenum">[Pg 625]</span>will give the +number of units by which the total expense is to be divided. The quotient +will give the amount of the unity of expense.</p> + +<p>Each State will declare, at the time of its accession, in which of the +said classes it desires to be placed.</p> + +<p class="sidenote">Swiss Administration to prepare the budget of the +International Office, etc.</p> + +<p>The Swiss Administration will prepare the budget of the Office, +superintend its expenditure, make the necessary advances, and draw up the +annual account, which shall be communicated to all the other +Administrations.</p> + +<p class="center"><span class="smcap">Article XVII</span></p> + +<p class="sidenote">Revision of Convention</p> + +<p>The present Convention may be submitted to revisions in order to +introduce therein amendments calculated to perfect the system of the +Union.</p> + +<p class="sidenote">Future conferences</p> + +<p>Questions of this kind, as well as those which are of interest to the +Union in other respects, will be considered in Conferences to be held +successively in the countries of the Union by delegates of the said +countries.</p> + +<p class="center"><span class="smcap">Protocol</span></p> + +<p class="sidenote">Country where a conference is to be held to prepare +programme</p> + +<p>(5.) The Administration of the country where a Conference is about to +be held, <a name="Page_626a" id="Page_626a"></a><span class="pagenum">[Pg +626]</span>will prepare the programme of the Conference with the +assistance of the International Office.</p> + +<p class="sidenote">Director of the International Office to +participate</p> + +<p>The Director of the International Office will attend the sittings of +the Conferences, and will take part in the discussion without a +deliberative voice.</p> + +<p class="center">[<span class="smcap">Art. XVII, par. 3</span>]</p> + +<p class="sidenote">Alterations of Convention must be by unanimous +consent</p> + +<p>It is understood that no alteration in the present Convention shall be +binding on the Union except by the unanimous consent of the countries +comprising it.</p> + +<p class="center"><span class="smcap">Protocol</span></p> + +<p class="sidenote">Next Conference to be held at Paris</p> + +<p>6. The next Conference shall be held at Paris between four and six +years from the date of the coming into force of the Convention.</p> + +<p>The French Government will fix the date within these limits after +having consulted the International Office.</p> + +<p class="center"><span class="smcap">Article XVIII</span></p> + +<p class="sidenote">Accession of other countries</p> + +<p>Countries which have not become parties to the present Convention, and +which grant by their domestic law the protection of rights secured by this +Convention, shall be admitted to accede <a name="Page_627a" +id="Page_627a"></a><span class="pagenum">[Pg 627]</span>thereto on request +to that effect.</p> + +<p>Such accession shall be notified in writing to the Government of the +Swiss Confederation, who will communicate it to all the other countries of +the Union.</p> + +<p>Such accession shall imply full adhesion to all the clauses and +admission to all the advantages provided by the present Convention.</p> + +<p class="center"><span class="smcap">Article XIX</span></p> + +<p class="sidenote">Accession for colonies or foreign possessions</p> + +<p>Countries acceding to the present Convention shall also have the right +to accede thereto at any time for their colonies of foreign +possessions.</p> + +<p>They may do this either by a general declaration comprehending all +their colonies or possessions within the accession, or by specially naming +those comprised therein, or by <a name="Page_628a" id="Page_628a"></a><span +class="pagenum">[Pg 628]</span>simply indicating those which are +excluded.</p> + +<p class="center"><span class="smcap">Article XXI</span></p> + +<p class="sidenote">Convention to be ratified</p> + +<p>The present Convention shall be ratified, and the <a name="Page_629a" +id="Page_629a"></a><span class="pagenum">[Pg 629]</span>ratifications +exchanged at Berne, within the space of one year at the latest.</p> + +<p class="center"><span class="smcap">Protocol</span></p> + +<p class="sidenote">Exchange of ratifications</p> + +<p>7. It is agreed that, as regards the exchange of ratifications +contemplated in Article XXI, each contracting party shall give a single +instrument, which shall be deposited, with those of the other States, in +the Government archives of the Swiss Confederation. Each party shall +receive in exchange a copy of the <i>procès-verbal</i> of the exchange of +ratifications, signed by the plenipotentiaries present.</p> + +<p class="center"><span class="smcap">Article XX</span></p> + +<p class="sidenote">Convention to take effect three months after exchange +of ratifications</p> + +<p>The present Convention shall be put in force three months after the +exchange of the ratifications, and shall remain in effect for an +indefinite period until the termination of a year from the day on which it +may have been denounced.</p> + +<p class="sidenote">Denunciation of Convention</p> + +<p>[Such denunciation shall be made to the Government authorized to +receive accessions, and shall only be effective as regards the country +making it, the Convention remaining in full force and effect for the <a +name="Page_630a" id="Page_630a"></a><span class="pagenum">[Pg +630]</span>other countries of the Union.]</p> + +<p><i>This denunciation shall be addressed to the Government of the Swiss +Confederation. It shall only take effect in respect of the country which +shall have made it, the Convention remaining operative for the other +countries of the Union.</i></p> + +<p class="center"><span class="smcap">Paris III</span></p> + +<p class="sidenote">Accession of other countries to Paris Acts</p> + +<p><i>The countries of the Union which have not become parties to the +present Additional Act and Declaration shall be allowed to accede thereto +at any time, on their request to that effect. The same rule shall apply to +the countries which may eventually accede either to the Convention of the +9th September,</i> 1886, <i>or to the Convention or to the Additional Act +or to the Declaration of the 4th May, 1896. It shall be sufficient for the +purpose if a notification is addressed in writing to the Swiss Federal +Council, who will, in turn, notify this accession to the other +Governments.</i></p> + +<p class="center"><span class="smcap">Paris IV</span></p> + +<p class="sidenote">Paris Acts to be ratified</p> + +<p><i>The present Additional Act and Declaration shall have the same force +and duration</i> <a name="Page_631a" id="Page_631a"></a><span +class="pagenum">[Pg 631]</span><i>as the Convention of the 9th September, +1886.</i></p> + +<p><i>These shall be ratified, and the ratification shall be exchanged at +Paris in the form adopted for that Convention, as soon as possible, and +within a year at the latest.</i></p> + +<p><i>Either shall come into force between the countries who have ratified +it three months after this exchange.</i></p> + +<h3 class="p2"><a name="Page_603b" id="Page_603b"></a>10. BERLIN +CONVENTION, 1908,</h3> + +<p class="center">with references to parallel articles of Berne-Paris +Convention.</p> + +<p class="center"><span class="smcap">Article 1</span></p> + +<p class="sidenote">Union to protect literary and artistic works</p> + +<p>The contracting States are constituted into an Union for the protection +of the rights of authors over their literary and artistic works.</p> + +<p class="center"><span class="smcap">Article 2</span></p> + +<p class="sidenote">Definition of "literary and artistic works"</p> + +<p>The expression "literary and artistic works" includes all productions +in the literary, scientific or artistic domain, whatever the mode or form +of reproduction, such as: books, pamphlets and other writings; dramatic or +dramatico-musical works; choreographic works and pantomimes, the stage +directions ("<i>mise en scène</i>") of which are fixed in writing or +otherwise; musical compositions with or without words; drawings, +paintings, works of architecture and sculpture; engravings and +lithographs; illustrations; geographical <a name="Page_604b" +id="Page_604b"></a><span class="pagenum">[Pg 604]</span>charts; plans, +sketches and plastic works relating to geography, topography, +architecture, or the sciences.</p> + +<p class="sidenote">Translations, arrangements, and adaptations +protected</p> + +<p>Translations, adaptations, arrangements of music and other +reproductions transformed from a literary or artistic work, as well as +compilations from different works, are protected as original works without +prejudice <a name="Page_605b" id="Page_605b"></a><span class="pagenum">[Pg +605]</span>to the rights of the author of the original work.</p> + +<p>The contracting countries are pledged to secure protection in the case +of the works mentioned above.</p> + +<p class="sidenote">Works of art applied to industry</p> + +<p>Works of art applied to industry are protected so far as the domestic +legislation of each country allows.</p> + +<p class="center"><span class="smcap">Article 3</span></p> + +<p class="sidenote">Photographic works protected</p> + +<p>The present Convention applies to photographic works and to works +obtained by any process analogous to photography. The contracting +countries are pledged to guarantee protection to such works.</p> + +<p class="center"><a name="Page_606b" id="Page_606b"></a><span +class="pagenum">[Pg 606]</span><span class="smcap">Article 4</span></p> + +<p class="sidenote">Authors to enjoy in countries of the Union the rights +granted to natives</p> + +<p>Authors within the jurisdiction of one of the countries of the Union +enjoy for their works, whether unpublished or published for the first time +in one of the countries of the Union, such rights, in the countries other +than the country of origin of the work, as the respective laws now accord +or shall hereafter accord to natives, as well as the rights specially +accorded by the present Convention.</p> + +<p class="sidenote">No formalities required<br /> + +[Conditions and formalities of country of origin]</p> + +<p><a name="Page_607b" id="Page_607b"></a><span class="pagenum">[Pg +607]</span>The enjoyment and the exercise of such rights are not subject +to any formality; such enjoyment and such exercise are independent of the +existence of protection in the country of origin of the work. +Consequently, apart from the stipulations of the present Convention, the +extent of the protection, as well as the means of redress guaranteed to +the author to safeguard his rights, are regulated exclusively according to +the legislation of the country where the protection is claimed.</p> + +<p class="sidenote">Definition of country of origin</p> + +<p>The following is considered as the country of origin of the work: for +unpublished works, the country to which the author belongs; for published +works, the country of first publication, and for works published +simultaneously in <a name="Page_608b" id="Page_608b"></a><span +class="pagenum">[Pg 608]</span>several countries of the Union, the country +among them whose legislation grants the shortest term of protection. For +works published simultaneously ina country outside of the Union and in a +country within the Union, it is the latter country which is exclusively +considered as the country of origin.</p> + +<p class="sidenote">Published works</p> + +<p>By published works ("<i>œuvres publiées</i>") must be understood, +according to the present Convention, works which have been issued +("<i>œuvres editées</i>"). The representation of a dramatic or +dramatico-musical work, the performance of a musical work, the exhibition +of a work of art and the construction of a work of architecture do not +constitute publication.</p> + +<p class="center"><span class="smcap">Article 5</span></p> + +<p class="sidenote">Authors of countries of the Union first published in +another country</p> + +<p>Authors within the jurisdiction of one of the countries of the Union +who publish their works for the first time in another country of the +Union, have in this latter country the same rights as national +authors.</p> + +<p class="center"><a name="Page_609b" id="Page_609b"></a><span +class="pagenum">[Pg 609]</span><span class="smcap">Article 6</span></p> + +<p class="sidenote">Authors not belonging to countries of the Union also +protected if they first publish in a Union country</p> + +<p>Authors not within the jurisdiction of any one of the countries of the +Union, who publish for the first time their works in one of these +countries, enjoy in that country the same rights as national authors, and +in the other countries of the Union the rights accorded by the present +Convention.</p> + +<p class="center"><span class="smcap">Article 7</span></p> + +<p class="sidenote">Term of protection life and 50 years</p> + +<p>The term of protection granted by the present Convention comprises the +life of the author and fifty years after his death.</p> + +<p class="sidenote">If not adopted, laws of country to govern term</p> + +<p>In case this term, however, should not be adopted uniformly by all the +countries of the Union, the duration of the protection shall be regulated +by the law of the country where protection is claimed, and can not exceed +the term granted in the country of origin of the work. The contracting +countries will consequently <a name="Page_610b" id="Page_610b"></a><span +class="pagenum">[Pg 610]</span>be required to apply the provision of the +preceding paragraph only to the extent to which it agrees with their +domestic law.</p> + +<p class="sidenote">Term for photographic, posthumous, anonymous or +pseudonymous works</p> + +<p>For photographic works and works obtained by a process analogous to +photography, for posthumous works, or anonymous or pseudonymous works, the +term of protection is regulated by the law of the country where protection +is claimed, but this term may not exceed the term fixed in the country of +origin of the work.</p> + +<p class="center"><span class="smcap">Article 8</span></p> + +<p class="sidenote">Exclusive right of translation</p> + +<p>Authors of unpublished works within the jurisdiction of one of the +countries of the Union, and authors of works published for the first time +in one of these countries enjoy in the other countries of the Union during +the whole term of the right in the original work the exclusive right to +make or to authorize the translation of their works.</p> + +<p class="center"><a name="Page_611b" id="Page_611b"></a><span +class="pagenum">[Pg 611]</span><span class="smcap">Article 9</span></p> + +<p class="sidenote">Serials and other works in newspapers or periodicals +protected</p> + +<p>Serial stories (<i>romans-feuilletons</i>), novels and all other works, +whether literary, scientific or artistic, whatever may be their subject, +<a name="Page_612b" id="Page_612b"></a><span class="pagenum">[Pg +612]</span>published in newspapers or periodicals of one of the countries +of the Union, may not be reproduced in the other countries without the +consent of the authors.</p> + +<p class="sidenote">Reproduction of newspaper articles</p> + +<p>With the exception of serial stories and of novels ("<i>des +romans-feuilletons et des nouvelles</i>") any newspaper article may be +reproduced by another newspaper if reproduction has not been expressly +forbidden. The source, however, must be indicated. The confirmation of +this obligation shall be determined by the legislation of the country +where protection is claimed.</p> + +<p class="sidenote">News matter not protected</p> + +<p>The protection of the present Convention does not <a name="Page_613b" +id="Page_613b"></a><span class="pagenum">[Pg 613]</span>apply to news of +the day or to miscellaneous news having the character merely of press +information.</p> + +<p class="center"><span class="smcap">Article 10</span></p> + +<p class="sidenote">Extracts from literary or artistic works</p> + +<p>As regards the liberty of extracting portions from literary or artistic +works for use in publications destined for educational or scientific +purposes or for chrestomathies, the matter is to be decided by the +legislation of the different countries of the Union, or by special +arrangements existing or to be concluded between them.</p> + +<p class="center"><span class="smcap">Article 11</span></p> + +<p class="sidenote">Representation of dramatic or dramatico-musical +works</p> + +<p>The stipulations of the present Convention apply to the public +representation of dramatic or dramatico-musical works and to the public +performance of musical works, whether these works are published or +not.</p> + +<p class="sidenote">Representation of translations</p> + +<p>Authors of dramatic or dramatico-musical works are protected, during +the term of their copyright in the original work, against the unauthorized +public representation of a translation of their works.</p> + +<p class="sidenote">Notice of prohibition of performance not +required</p> + +<p><a name="Page_614b" id="Page_614b"></a><span class="pagenum">[Pg +614]</span>In order to enjoy the protection of this article, authors, in +publishing their works, are not obliged to prohibit the public +representation or public performance of them.</p> + +<p class="center"><span class="smcap">Article 12</span></p> + +<p class="sidenote">Adaptations, etc., considered as infringements</p> + +<p>Unauthorized indirect appropriations of a literary or artistic work of +various kinds such as adaptations, arrangements of music, transformations +of a romance or novel or of a poem into a theatrical piece and vice versa, +etc., are specially included amongst the illicit reproductions to which +the present Convention applies, when they are only the reproduction of +such work in the same form or in another form with non-essential +alterations, or abridgements, so made as not to confer the character of a +new original work.</p> + +<p class="center"><a name="Page_615b" id="Page_615b"></a><span +class="pagenum">[Pg 615]</span><span class="smcap">Article 13</span></p> + +<p class="sidenote">Adaptation of musical works to mechanical +instruments</p> + +<p>Authors of musical works have the exclusive right to authorize: (1) the +adaptation of these works to instruments serving to reproduce them +mechanically; (2) the public performance of the same works by means of +these instruments.</p> + +<p class="sidenote">Each country to regulate for itself the manner in +which Convention shall apply</p> + +<p>The limitations and conditions relative to the application of this +article shall be determined by the domestic legislation of each country in +its own case; but all limitations and conditions of this nature shall have +an effect strictly limited to the country which shall have adopted +them.</p> + +<p class="sidenote">Provision not retroactive</p> + +<p>The provisions of paragraph 1 have no retroactive effect, and therefore +are not applicable in a country of the Union to works which, in that +country, <a name="Page_616b" id="Page_616b"></a><span class="pagenum">[Pg +616]</span>shall have been lawfully adapted to mechanical instruments +before the going into force of the present Convention.</p> + +<p class="sidenote">Importation of mechanical musical appliances</p> + +<p>The adaptations made by virtue of paragraphs 2 and 3 of this +article and imported without the authorization of the parties interested +into a country where they are not lawful, may be seized there.</p> + +<p class="center"><span class="smcap">Article 14</span></p> + +<p class="sidenote">Right of reproduction by cinematograph protected</p> + +<p>Authors of literary, scientific or artistic works have the exclusive +right to authorize the reproduction and the public representation of their +works by means of the cinematograph.</p> + +<p class="sidenote">Cinematographic productions protected</p> + +<p>Cinematographic productions are protected as literary or artistic works +when by the arrangement of the stage effects or by the combination of +incidents represented, the author shall have given to the work a personal +and original character.</p> + +<p>Without prejudice to the rights of the author in the original work, the +reproduction by the cinematograph of a literary, scientific or artistic +work is protected as an original work.</p> + +<p class="sidenote">Also any analogous production</p> + +<p><a name="Page_617b" id="Page_617b"></a><span class="pagenum">[Pg +617]</span>The preceding provisions apply to the reproduction or +production obtained by any other process analogous to that of the +cinematograph.</p> + +<p class="center"><span class="smcap">Article 15</span></p> + +<p class="sidenote">Author's name on work as proof of authorship</p> + +<p>In order that the authors of works protected by the present Convention +shall, in the absence of proof to the contrary, be considered as such, and +be consequently admitted to institute proceedings against pirates before +the courts of the various countries of the Union, it will be sufficient +that their name be indicated on the work in the accustomed manner.</p> + +<p class="sidenote">Publisher of anonymous or pseudonymous works +considered as representative of author</p> + +<p>For anonymous or pseudonymous works, the publisher whose name is +indicated on the work is entitled to protect the rights belonging to the +author. He is, without other proof, reputed the lawful representative of +the anonymous or pseudonymous author.</p> + +<p class="center"><a name="Page_618b" id="Page_618b"></a><span +class="pagenum">[Pg 618]</span><span class="smcap">Article 16</span></p> + +<p class="sidenote">Seizure of pirated copies</p> + +<p>All infringing works may be seized by the competent authorities of the +countries of the Union where the original work has a right to legal +protection.</p> + +<p>Seizure may also be made in these countries of reproductions which come +from a country where the copyright in the work has terminated, or where +the work has not been protected.</p> + +<p class="sidenote">Seizure to be made according to the laws of each +country</p> + +<p>The seizure shall take place conformably to the domestic law of each +State.</p> + +<p class="center"><span class="smcap">Article 17</span></p> + +<p class="sidenote">Each government to exercise supervision</p> + +<p>The provisions of the present Convention cannot in any way derogate +from the right belonging to the Government of each country of the Union to +permit, to control, or to prohibit, by measures of domestic legislation or +police, the circulation, representation, or exhibition of any works or +productions in regard to which the competent authority may find it +necessary to exercise that right.</p> + +<p class="center"><a name="Page_619b" id="Page_619b"></a><span +class="pagenum">[Pg 619]</span><span class="smcap">Article 18</span></p> + +<p class="sidenote">Convention to apply to all works not in public +domain</p> + +<p>The present Convention applies to all works which, at the moment of its +coming into force, have not fallen into the public domain of their country +of origin because of the expiration of the term of protection.</p> + +<p>But if a work by reason of the expiration of the term of protection +which was previously secured for it has fallen into the public domain of +the country where protection is claimed, such work will not be protected +anew.</p> + +<p class="sidenote">Special conventions and domestic legislation may +govern</p> + +<p>This principle will be applied in accordance with the stipulations to +that effect contained in the special Conventions either existing or to be +concluded between countries of the Union, and in default of such +stipulations, its application will be regulated by each country in its own +case.</p> + +<p class="sidenote">Provisions to apply to new accessions</p> + +<p><a name="Page_620b" id="Page_620b"></a><span class="pagenum">[Pg +620]</span>The preceding provisions apply equally in the case of new +accessions to the Union and where the term of protection would be extended +by the application of Article 7.</p> + +<p class="center"><span class="smcap">Article 19</span></p> + +<p class="sidenote">More extensive rights may be granted by domestic +legislation</p> + +<p>The provisions of the present Convention do not prevent a claim for the +application of more favorable provisions which may be enacted by the +legislation of a country of the Union in favor of foreigners in +general.</p> + +<p class="center"><span class="smcap">Article 20</span></p> + +<p class="sidenote">More extensive rights may be secured by special +treaties</p> + +<p>The governments of the countries of the Union reserve the right to make +between themselves special treaties, when these treaties <a +name="Page_621b" id="Page_621b"></a><span class="pagenum">[Pg +621]</span>would confer upon authors more extended rights than those +accorded by the Union, or when they contain other stipulations not +conflicting with the present Convention. The provisions of existing +treaties which answer the aforesaid conditions remain in force.</p> + +<p class="center"><a name="Page_622b" id="Page_622b"></a><span +class="pagenum">[Pg 622]</span><span class="smcap">Article 21</span></p> + +<p class="sidenote">Bureau of the International Union</p> + +<p>The International Office instituted under the name of "Bureau of the +International Union for the Protection of Literary and Artistic Works" +(<i>Bureau de l'Union Internationale pour la protection des œuvres +littéraires et artistiques</i>) is maintained.</p> + +<p class="sidenote">Under control of Switzerland</p> + +<p>This Bureau is placed under the high authority of the Government of the +Swiss Confederation, which controls its organization and supervises its +working.</p> + +<p class="sidenote">Language of Office to be French</p> + +<p>The official language of the International Office is French.</p> + +<p class="center"><a name="Page_623b" id="Page_623b"></a><span +class="pagenum">[Pg 623]</span><span class="smcap">Article 22</span></p> + +<p class="sidenote">Duties of International Office</p> + +<p>The International Office collects all kinds of information relative to +the protection of the rights of authors over their literary and artistic +works. It arranges and publishes such information. It studies questions of +general utility likely to be of interest to the Union, and, by the aid of +documents placed at its disposal by the different administrations, edits a +periodical publication in the French language treating questions which +concern the Union. The governments of the countries of the Union reserve +to themselves the faculty of authorizing, by common accord, the +publication by the Office of an edition in one or more other languages, if +experience should show this to be requisite.</p> + +<p class="sidenote">Will furnish information as to copyright</p> + +<p>The International Office must always hold itself at the disposal of +members of the Union, with the view to furnish them with any special +information they may require relative to the protection of literary and +artistic works.</p> + +<p class="sidenote">Annual report of Director of International Bureau</p> + +<p>The Director of the International <a name="Page_624b" +id="Page_624b"></a><span class="pagenum">[Pg 624]</span>Bureau makes an +annual report on his administration, which is communicated to all the +members of the Union.</p> + +<p class="center"><span class="smcap">Article 23</span></p> + +<p class="sidenote">Expenses of the International Office to be shared by +contracting States</p> + +<p>The expenses of the Office of the International Union are shared by the +contracting States. Unless a fresh arrangement be made, they cannot exceed +a sum of sixty thousand francs a year. This sum may be increased by the +decision of one of the Conferences provided for in Article 24.</p> + +<p class="sidenote">Method of sharing expenses</p> + +<p>The share of the total expense to be paid by each country is determined +by the division of the contracting and acceding States into six classes, +each of which contributes in the proportion of a certain number of units, +viz.:</p> + +<table summary="sharing of expenses Berlin"> + +<tr><td class="left">First class</td><td class="right">25 units</td></tr> +<tr><td class="left">Second class</td><td class="right">20 units</td></tr> +<tr><td class="left">Third class</td><td class="right">15 units</td></tr> +<tr><td class="left">Fourth class</td><td class="right">10 units</td></tr> +<tr><td class="left">Fifth class</td><td class="right">5 units</td></tr> +<tr><td class="left">Sixth class</td><td class="right">3 units</td></tr> + +</table> + +<p>These coefficients are multiplied by the number of States of each +class, and the total product thus obtained <a name="Page_625b" +id="Page_625b"></a><span class="pagenum">[Pg 625]</span>gives the number +of units by which the total expense is to be divided. The quotient gives +the amount of the unity of expense.</p> + +<p>Each State will declare, at the time of its accession, in which of the +said classes it desires to be placed.</p> + +<p class="sidenote">Swiss Administration to prepare the budget of the +International Office, etc.</p> + +<p>The Swiss Administration prepares the budget of the Office, +superintends its expenditure, makes the necessary advances, and draws up +the annual account, which shall be communicated to all the other +Administrations.</p> + +<p class="center"><span class="smcap">Article 24</span></p> + +<p class="sidenote">Revision of Convention</p> + +<p>The present Convention may be subjected to revision in order to +introduce therein amendments calculated to perfect the system of the +Union.</p> + +<p class="sidenote">Future conferences<br /> + +Country where a conference is to be held to prepare programme<br /> + +Director of the International Office to participate</p> + +<p>Questions of this kind, as well as those which are of interest to the +Union in other respects, are considered in Conferences to be held +successively in the countries of the Union by delegates of the said +countries. The Administration of the country where a Conference is about +to be held, prepares the programme of the same with the assistance <a +name="Page_626b" id="Page_626b"></a><span class="pagenum">[Pg +626]</span>of the International Office. The Director of the International +Office attends the sittings of the Conferences, and takes part in the +discussion without a deliberative voice.</p> + +<p class="sidenote">Alterations of Convention must be by unanimous +consent</p> + +<p>No alteration in the present Convention is binding on the Union except +by the unanimous consent of the countries comprising it.</p> + +<p class="center"><span class="smcap">Article 25</span></p> + +<p class="sidenote">Accession of other countries</p> + +<p>The States outside of the Union which assure legal protection of the +rights which are the object of the present Convention, may accede to it +upon their request.</p> + +<p><a name="Page_627b" id="Page_627b"></a><span class="pagenum">[Pg +627]</span>Such accession shall be notified in writing to the Government +of the Swiss Confederation, who will communicate it to all the other +countries of the Union.</p> + +<p class="sidenote">May substitute provisions of previous conventions</p> + +<p>Such accession shall imply full adhesion to all the clauses and +admission to all the advantages provided by the present Convention. It +may, however, indicate such provisions of the Convention of September 9, +1886, or of the Additional Act of May 4, 1896, as it may be judged +necessary to substitute provisionally, at least, for the corresponding +provisions of the present Convention.</p> + +<p class="center"><span class="smcap">Article 26</span></p> + +<p class="sidenote">Accession for colonies or foreign possessions</p> + +<p>The contracting countries have the right to accede at any time to the +present Convention for their colonies or foreign possessions.</p> + +<p>They may do this either by a general declaration comprehending all +their colonies or possessions within the accession, or by specially naming +those comprised therein, or by simply <a name="Page_628b" +id="Page_628b"></a><span class="pagenum">[Pg 628]</span>indicating those +which are excluded.</p> + +<p>This declaration shall be made known in writing to the Government of +the Swiss Confederation, and by the latter to all the others.</p> + +<p class="center"><span class="smcap">Article 27</span></p> + +<p class="sidenote">Present Convention to replace Berne Convention and +Paris Acts<br /> + +But Berne Convention remains in force between countries not signatory to +present Convention</p> + +<p>The present Convention shall replace, in the relations between the +contracting States, the Convention of Berne of September 9, 1886, +including the Additional Article and the Final Protocol of the same day, +as well as the Additional Act, and the Interpretative Declaration of May +4, 1896. The conventional acts above-mentioned shall remain in force in +the relations with the States which do not ratify the present +Convention.</p> + +<p class="sidenote">Signatory States may declare themselves bound by +former Conventions upon certain points</p> + +<p>The States signatory to the present Convention may, at the time of the +exchange of ratifications, declare that they intend, upon such or such +point, still to remain bound by the provisions of the Conventions to which +they have previously subscribed.</p> + +<p class="center"><span class="smcap">Article 28</span></p> + +<p class="sidenote">Convention to be ratified</p> + +<p>The present Convention shall be ratified, and the <a name="Page_629b" +id="Page_629b"></a><span class="pagenum">[Pg 629]</span>ratifications +exchanged at Berlin, not later than the first of July, 1910.</p> + +<p class="sidenote">Exchange of ratifications</p> + +<p>Each contracting party shall send, for the exchange of ratifications, a +single instrument, which shall be deposited, with those of the other +countries, in the archives of the Government of the Swiss Confederation. +Each party shall receive in return a copy of the <i>procès-verbal</i> of +the exchange of ratifications, signed by the Plenipotentiaries who shall +have taken part therein.</p> + +<p class="center"><span class="smcap">Article 29</span></p> + +<p class="sidenote">Convention to take effect three months after exchange +of ratifications</p> + +<p>The present Convention shall be put in force three months after the +exchange of the ratifications, and shall remain in effect for an +indefinite period until the termination of a year from the day on which it +may have been denounced.</p> + +<p class="sidenote"><a name="Page_630b" id="Page_630b"></a><span +class="pagenum">[Pg 630]</span>Denunciation of Convention</p> + +<p>This denunciation shall be addressed to the Government of the +Swiss Confederation. It shall only take effect in respect of the country +which shall have made it, the Convention remaining operative for the other +countries of the Union.</p> + +<p class="center"><a name="Page_631b" id="Page_631b"></a><span +class="pagenum">[Pg 631]</span><span class="smcap">Article 30</span></p> + +<p class="sidenote">Adoption of term of life and 50 years to be +notified</p> + +<p>The States which introduce into their legislation the term of +protection of fifty years,<a name= "fnanchor_4" id= "fnanchor_4"></a><a +href= "#footnote_4" class= "fnanchor">[4]</a> provided for by Article 7, +paragraph 1, of the present Convention, shall make it known to the +Government of the Swiss Confederation by a written notification which +shall be communicated at once by that Government to all the other +countries of the Union.</p> + +<p class="sidenote">Notice shall be given of renouncement of any +reservations</p> + +<p>It shall be the same for such States as shall renounce any reservations +made by them in virtue of Articles 25, 26, and 27.</p> + +<p class="sidenote">Signature</p> + +<p>In testimony of which, the respective Plenipotentiaries have signed the +present <a name="Page_632b" id="Page_632b"></a><span class="pagenum">[Pg +632]</span>Convention and have attached thereto their seals.</p> + +<p class="sidenote">Date of signing, November 13, 1908</p> + +<p>Done at Berlin, the thirteenth of November, one thousand nine hundred +eight, in a single copy, which shall be deposited in the archives of the +Government of the Swiss Confederation, and of which copies, properly +certified, shall be sent through diplomatic channels to the contracting +countries.</p> + +<p class="footnote"> <a name="footnote_4" id="footnote_4"></a> +<a href="#fnanchor_4">[4]</a> +Article 7 provides for a general term of protection for life and fifty +years.</p> + +<p class="p4"><a name="Page_633" id="Page_633"></a><span +class="pagenum">[Pg 633]</span></p> + +<h2>IV</h2> + +<h3 class="larger">PAN AMERICAN UNION: CONVENTIONS</h3> + +<h3>II. MONTEVIDEO CONVENTION, 1889</h3> + +<p class="center"><span class="smcap">Treaty on Literary and Artistic +Copyright Adopted January 11, 1889</span></p> + +<p class="center"><span class="smcap">Article 1</span></p> + +<p class="sidenote">Union to protect literary and artistic property</p> + +<p>The contracting States promise to recognize and protect the rights of +literary and artistic property, according to the provisions of the present +treaty.</p> + +<p class="center"><span class="smcap">Article 2</span></p> + +<p class="sidenote">Authors shall enjoy rights secured in country of +origin</p> + +<p>The author of any literary or artistic work, and his successors, shall +enjoy in the contracting States the rights accorded him by the law of the +State in which its original publication or production took place.</p> + +<p class="center"><span class="smcap">Article 3</span></p> + +<p class="sidenote">Definition of copyright</p> + +<p>The author's right of ownership in a literary or artistic work shall +comprise the right to dispose of it, to publish it, to convey it to +another, to translate it or to authorize its translation, and to reproduce +it in any form whatsoever.</p> + +<p class="center"><span class="smcap">Article 4</span></p> + +<p class="sidenote">Term not to exceed that of country of origin</p> + +<p>No State shall be obliged to recognize the right to literary or +artistic property for a longer period than that allowed to authors who +obtain the same right in that State. This period may be limited to that +prescribed in the country where it originates, if such period be the +shorter.</p> + +<p class="center"><span class="smcap">Article 5</span></p> + +<p class="sidenote">Definition of "literary and artistic work"</p> + +<p>By the expression literary or artistic works is understood all books, +pamphlets, or other writings, dramatic or dramatico-musical <a +name="Page_634" id="Page_634"></a><span class="pagenum">[Pg 634]</span> +works, chorographies, musical compositions with or without words, +drawings, paintings, sculptures, engravings, photographs, lithographs, +geographical maps, plans, sketches, and plastic works relating to +geography, topography, architecture, or to the sciences in general; and +finally every production in the field of literature or art which may be +published in any way by printing or reproduction.</p> + +<p class="center"><span class="smcap">Article 6</span></p> + +<p class="sidenote">Translation rights</p> + +<p>The translators of works of which a copyright either does not exist or +has expired, shall enjoy with respect to their translations the rights +declared in Article 3, but they shall not prevent the publication of other +translations of the same work.</p> + +<p class="center"><span class="smcap">Article 7</span></p> + +<p class="sidenote">Newspaper articles</p> + +<p>Newspaper articles may be reproduced upon quoting the publication from +which they are taken. From this provision articles relating to the +sciences or arts, and the reproduction of which shall have been prohibited +by the authors are excepted.</p> + +<p class="center"><span class="smcap">Article 8</span></p> + +<p class="sidenote">Addresses</p> + +<p>Speeches pronounced or read in deliberative assemblies, before +tribunals of justice, or in public meetings, may be published in the +public press without any authorization whatsoever.</p> + +<p class="center"><span class="smcap">Article 9</span></p> + +<p class="sidenote">Infringements defined</p> + +<p>Under the head of illicit reproductions shall be classed all indirect, +unauthorized appropriations of a literary or artistic work, which may be +designated by different names as adaptations, arrangements, etc., etc., +and which are no more than a reproduction without presenting the character +of an original work.</p> + +<p class="center"><span class="smcap">Article 10</span></p> + +<p class="sidenote">Authority recognized</p> + +<p>The rights of authorship shall be allowed, in the absence of proof to +the contrary, in favor of the persons whose names or pseudonyms shall be +borne upon the literary or artistic works in question.</p> + +<p>If the authors wish to withhold their names, they should <a +name="Page_635" id="Page_635"></a><span class="pagenum">[Pg +635]</span>inform the editors that the rights of authorship belong to +them.</p> + +<p class="center"><span class="smcap">Article 11</span></p> + +<p class="sidenote">Each government to exercise supervision</p> + +<p>Those who usurp the right of literary or artistic property shall be +brought before the courts and tried according to the laws of the country +in which the fraud may have been committed.</p> + +<p class="center"><span class="smcap">Article 12</span></p> + +<p class="sidenote">Immoral works</p> + +<p>The recognition of the right of ownership of literary and artistic +works shall not prevent the contracting States from preventing by suitable +legislation the reproduction, publication, circulation, representation, or +exhibition of all works which may be considered contrary to good +morals.</p> + +<p class="center"><span class="smcap">Article 13</span></p> + +<p class="sidenote">Ratification</p> + +<p>The simultaneous ratification of all the contracting nations shall not +be necessary to the effectiveness of this treaty. Those who adopt it will +communicate the fact to the Governments of the Argentine Republic and the +Eastern Republic of Uruguay, who will inform the other contracting +nations. This formality will take the place of an exchange.</p> + +<p class="center"><span class="smcap">Article 14</span></p> + +<p class="sidenote">Indefinite period</p> + +<p>The exchange having been made in the manner prescribed in the foregoing +article, this treaty shall remain in force for an indefinite period after +that act.</p> + +<p class="center"><span class="smcap">Article 15</span></p> + +<p class="sidenote">Withdrawals</p> + +<p>If any of the contracting nations should deem it advisable to be +released from this treaty, or introduce modifications in it, said nation +shall so inform the rest; but it shall not be released until two years +after the date of notification, during which time measures will be taken +to effect a new arrangement.</p> + +<p class="center"><span class="smcap">Article 16</span></p> + +<p class="sidenote">Adherences</p> + +<p>The provisions of Article 13 are extended to all nations who, although +not represented in this Congress, may desire to adopt the present +treaty.</p> + +<p class="sidenote"> Signatories</p> + +<p><a name="Page_636" id="Page_636"></a><span class="pagenum">[Pg +636]</span>The seven countries represented and whose delegates signed the +Montevideo treaty were: Argentina, Bolivia, Brazil, Chile, Paraguay, Peru, +Uruguay. But the convention was ratified only by Argentina, Paraguay, +Uruguay, Peru and Bolivia, and Brazil and Chile did not become +participants. Participation of Belgium, France, Italy and Spain in this +convention was accepted by Argentina and Paraguay, but apparently not by +the other countries.</p> + +<p class="p4"><a name="Page_637" id="Page_637"></a><span +class="pagenum">[Pg 637]</span></p> + +<h3>12. MEXICO CITY CONVENTION, 1902</h3> + +<p class="center"><span class="smcap">Convention to protect Literary and +Artistic Property, signed at Mexico, January 27, 1902</span></p> + +<p class="center"><span class="smcap">Article 1</span></p> + +<p class="sidenote">Union to protect literary and artistic property</p> + +<p>The signatory States constitute themselves into a Union for the purpose +of recognizing and protecting the rights of literary and artistic +property, in conformity with the stipulations of the present +Convention.</p> + +<p class="center"><span class="smcap">Article 2</span></p> + +<p class="sidenote">Definition of "literary and artistic works"</p> + +<p>Under the term "literary and artistic works" are comprised books, +manuscripts, pamphlets of all kinds, no matter what subject they may treat +of and what may be the number of their pages; dramatic or melodramatic +works; choral music and musical compositions, with or without words; +designs, drawings, paintings, sculpture, engravings, photographic works; +astronomical and geographical globes; plans, sketches, and plastic works, +relating to geography or geology, topography or architecture, or any other +science; and, finally, every production in the literary and artistic field +which may be published by any method of impression or reproduction.</p> + +<p class="center"><span class="smcap">Article 3</span></p> + +<p class="sidenote">Definition of copyright</p> + +<p>The copyright to literary or artistic work consists in the exclusive +right to dispose of the same, to publish, sell, and translate the same, or +to authorize its translation, and to reproduce the same in any manner +either entirely or partially.</p> + +<p class="sidenote">Exclusive right of translation</p> + +<p>The authors belonging to one of the signatory countries, or their +assigns, shall enjoy in the other signatory countries and for the time +stipulated in Article 5 the exclusive right to translate their works or to +authorize their translation.</p> + +<p class="center"><a name="Page_638" id="Page_638"></a><span +class="pagenum">[Pg 638]</span> <span class="smcap">Article 4</span></p> + +<p class="sidenote">Application for copyright and deposit of two +copies</p> + +<p>In order to obtain the recognition of the copyright of a work, it is +indispensable that the author or his assigns or legitimate representative, +shall address a petition to the official department which each Government +may designate, claiming the recognition of such right, which petition must +be accompanied by two copies of his work, said copies to remain in the +proper department.</p> + +<p class="sidenote">One additional copy to be deposited for each +country<br /> + +Copies and certificates of registration to be transmitted</p> + +<p>If the author or his assigns should desire that this copyright be +recognized in any other of the signatory countries, he shall attach to his +petition a number of copies of his work equal to that of the countries he +may therein designate. The said department shall distribute the copies +mentioned among those countries, accompanied by a copy of the respective +certificate, in order that the copyright of the author may be recognized +by them.</p> + +<p>Any omissions which the said department may incur in this respect shall +not give the author or his assigns any rights to present claims against +the State.</p> + +<p class="center"><span class="smcap">Article 5</span></p> + +<p class="sidenote">Authors shall enjoy rights secured in country of +origin for like term</p> + +<p>The authors who belong to one of the signatory countries, or their +assigns, shall enjoy in the other countries the rights which their +respective laws at present grant, or in the future may grant, to their own +citizens, but such right shall not exceed the term of protection granted +in the country of its origin.</p> + +<p class="sidenote">Works in parts or in several volumes</p> + +<p>For the works composed of several volumes which are not published at +the same time, as well as for bulletins or installments of publications of +literary or scientific societies or of private parties, the term of +property shall commence to be counted from the date of the publication of +each volume, bulletin, or installment.</p> + +<p class="center"><span class="smcap">Article 6</span></p> + +<p class="sidenote">Country of first publication country of origin</p> + +<p>The country in which a work is first published shall be considered as +the country of its origin, or, if such publication takes place +simultaneously in several of the signatory countries, the one whose laws +establish the shortest period <a name="Page_639" id="Page_639"></a><span +class="pagenum">[Pg 639]</span>of protection shall be considered as the +country of its origin.</p> + +<p class="center"><span class="smcap">Article 7</span></p> + +<p class="sidenote">Translations protected</p> + +<p>Lawful translations shall be protected in the same manner as original +works. The translators of works in regard to which there exists no +guaranteed right of property, or the right of which may have become +extinguished, may secure the right of property for their translations, as +established in Article 3, but they shall not prevent the publication of +other translations of the same work.</p> + +<p class="center"><span class="smcap">Article 8</span></p> + +<p class="sidenote">Newspaper articles</p> + +<p>Newspaper articles may be reproduced, but the publication from which +they are taken must be mentioned, and the name of the author given, if it +should appear in the same.</p> + +<p class="center"><span class="smcap">Article 9</span></p> + +<p class="sidenote">Works bearing names of authors or pseudonyms +protected</p> + +<p>Copyright shall be recognized in favor of the persons whose names or +acknowledged pseudonyms are stated in the respective literary or artistic +work or in the petition to which Article 4 of this Convention refers, +excepting case of proof to the contrary.</p> + +<p class="center"><span class="smcap">Article 10</span></p> + +<p class="sidenote">Addresses</p> + +<p>Addresses delivered or read in deliberative assemblies, before the +courts of justice, and in public meetings may be published in the +newspaper press without any special authorization.</p> + +<p class="center"><span class="smcap">Article 11</span></p> + +<p class="sidenote">Fragments of literary or artistic works</p> + +<p>The reproduction in publications devoted to public instruction or +chrestomathy of fragments of literary or artistic works confers no right +of property, and may therefore be freely made in all the signatory +countries.</p> + +<p class="center"><span class="smcap">Article 12</span></p> + +<p class="sidenote">Infringement defined</p> + +<p>All unauthorized indirect use of a literary or artistic work which does +not present the character of an original work shall be considered as an +unlawful reproduction.</p> + +<p><a name="Page_640" id="Page_640"></a><span class="pagenum">[Pg +640]</span> It shall be considered in the same manner unlawful to +reproduce in any form an entire work, or the greater part of the same, +accompanied by notes or commentaries, under the pretext of literary +criticism or of enlargement or completement of an original work.</p> + +<p class="center"><span class="smcap">Article 13</span></p> + +<p class="sidenote">Fraudulent copies to be sequestrated, etc.</p> + +<p>All fraudulent works shall be liable to sequestration in the signatory +countries in which the original work may have the right of legal +protection, without prejudice to the indemnity or punishments to which the +falsifiers may be liable according to the laws of the country in which the +fraud has been committed.</p> + +<p class="center"><span class="smcap">Article 14</span></p> + +<p class="sidenote">Each Government to exercise supervision</p> + +<p>Each one of the Governments of the signatory countries shall remain at +liberty to permit, exercise vigilance over, or prohibit the circulation, +representation and exposition of any work or production in respect to +which the competent authorities shall have power to exercise such +right.</p> + +<p class="center"><span class="smcap">Article 15</span></p> + +<p class="sidenote">Convention to take effect three months after +ratification</p> + +<p>The present Convention shall take effect between the signatory States +that ratify it, three months from the day they communicate their +ratification to the Mexican Government, and shall remain in force among +all of them until one year from the date it is denounced by any of said +States. The notification of such denouncement shall be addressed to the +Mexican Government and shall only have effect in so far as regards the +country which has given it.</p> + +<p class="center"><span class="smcap">Article 16</span></p> + +<p class="sidenote">Adherence of nations not represented at 2d Int. Am. +Conference</p> + +<p>The Governments of the signatory states, when approving the present +Convention, shall declare whether they accept the adherence to the same by +the nations which have had no representation in the Second International +American Conference.</p> + +<p>In testimony whereof the Plenipotentiaries and Delegates <a +name="Page_641" id="Page_641"></a><span class="pagenum">[Pg +641]</span>sign the present Convention and set thereto the seal of the +Second International American Conference.</p> + +<p class="sidenote">Signed at City of Mexico, Jan. 27, 1902</p> + +<p>Made in the City of Mexico, on the twenty-seventh day of January, +nineteen hundred and two, in three copies written in Spanish, English, and +French, respectively, which shall be deposited at the Department of +Foreign Relations of the Government of the Mexican United States, so that +certified copies thereof may be made, in order to send them through the +diplomatic channel to the signatory States.</p> + +<p class="p4"><a name="Page_642" id="Page_642"></a><span +class="pagenum">[Pg 642]</span></p> + +<h3>13. RIO DE JANEIRO CONVENTION, 1906</h3> + +<p class="center"><span class="smcap">Convention, signed at Rio de +Janeiro, August 23, 1906, to protect Patents of Invention, Drawings and +Industrial Models, Trade-Marks, and Literary and Artistic +Property</span></p> + +<p class="center"><span class="smcap">Article 1</span></p> + +<p class="sidenote">Patents, trade-marks, copyrights</p> + +<p>The subscribing nations adopt in regard to patents of invention, +drawings and industrial models, trade-marks, and literary and artistic +property the treaties subscribed at the Second International Conference of +American States, held in Mexico on the 27th of January, 1902, with such +modifications as are expressed in the present Convention.</p> + +<p class="center"><span class="smcap">Article 2</span></p> + +<p class="sidenote">Union; Bureaus at Havana and Rio de Janeiro</p> + +<p>A union is constituted of the nations of America, which will be +rendered effective by means of two Bureaus, which will be maintained, one +in the city of Havana and the other in that of Rio de Janeiro, each +working closely with the other, to be styled Bureaus of the International +American Union for the Protection of Intellectual and Industrial Property, +and will have for their object the centralization of the registration of +literary and artistic works, patents, trade-marks, drawings, models, etc., +which will be registered, in each one of the signatory nations, according +to the respective treaties and with a view to their validity and +recognition by the others.</p> + +<p class="sidenote">Registration optional</p> + +<p>This international registration is entirely optional with persons +interested, since they are free to apply, personally or through an +attorney-in-fact, for registration in each one of the States in which they +seek protection.</p> + +<p class="center"><span class="smcap">Article 3</span></p> + +<p class="sidenote">Bureau at Havana</p> + +<p>The Bureau established in the city of Havana will have charge of the +registrations from the United States of <a name="Page_643" +id="Page_643"></a><span class="pagenum">[Pg 643]</span>America, the United +States of Mexico, Venezuela, Cuba, Haiti, San Domingo, San Salvador, +Honduras, Nicaragua, Costa Rica, Guatemala, Panama, and Colombia.</p> + +<p class="sidenote">Bureau at Rio de Janeiro</p> + +<p>The Bureau established in the city of Rio de Janeiro will attend to the +registrations coming from the republics of the United States of Brazil, +Uruguay, Argentine Republic, Paraguay, Bolivia, Chile, Peru, and +Ecuador.</p> + +<p class="center"><span class="smcap">Article 4</span></p> + +<p class="sidenote">Bureaus to be considered as one</p> + +<p>For the purpose of the legal unification of the registration, the two +International Bureaus, which are divided merely with a view to greater +facility of communication, are considered as one, and to this end it is +established that (a) both shall have the same books and the same accounts +kept under an identical system; (b) copies shall be transmitted monthly +from one to the other, authenticated by the Governments in whose +territories they have their seat, of all the registrations, +communications, and other documents affecting the recognition of the +rights of proprietors or authors.</p> + +<p class="center"><span class="smcap">Article 5</span></p> + +<p class="sidenote">Copies of registrations to be transmitted</p> + +<p>Each one of the Governments adhering to the Union will send at the end +of each month to the proper Bureau, according to Art. 3, authenticated +copies of all registrations of trade-marks, patents, drawings, models, +etc., and copies of the literary and artistic works registered in them, as +well as of all lapses, renunciations, transfers, and other alterations +occurring in proprietary rights, according to the respective treaties and +laws, in order that they may be sent out or distributed and notice given +of them as the case may be by the International Bureau to those nations in +direct correspondence therewith.</p> + +<p class="center"><span class="smcap">Article 6</span></p> + +<p class="sidenote">Bureaus to transmit certificates</p> + +<p>The registration or deposit of drawings, models, etc., made in the +country of origin according to the national law of the same and +transmitted by the respective administration to the International Bureau, +shall be by such Bureau <a name="Page_644" id="Page_644"></a><span +class="pagenum">[Pg 644]</span>laid before the other countries of the +Union, by which it shall be given full faith and credit, except in the +case provided for in Art. 9 of the Treaty on Patents, Trade-Marks, etc., +of Mexico, and in case the requirements essential to the recognition of +international property are lacking where literary or artistic works are +involved according to the treaty thereon subscribed in Mexico.</p> + +<p class="sidenote">Protection to be allowed or refused within one +year</p> + +<p>In order that the States forming the Union may accept or refuse the +recognition of the rights granted in the country of origin, and for the +further legal purposes of such recognition, such States shall be allowed a +term of one year from the date of notification by the proper office for +the purpose of so doing.</p> + +<p class="sidenote">Notification in case protection is not allowed</p> + +<p>In case patents, trade-marks, drawings, models, etc., or the right to +literary or artistic works shall fail to obtain recognition on the part of +any one of the offices of the States forming the Union, the International +Bureau shall be made acquainted with the facts and reasons of the case in +order that in its turn these facts may be transmitted by it to the office +of origin and to the interested party, for proper action according to +local law.</p> + +<p class="center"><span class="smcap">Article 7</span></p> + +<p class="sidenote">Registration in country of origin to have same effect +as registration in each country<br /> + +Term of protection, that of country of origin</p> + +<p>Every registration or recognition of intellectual and industrial rights +made in one of the countries of the Union and communicated to the others +according to the form prescribed in the preceding articles shall have the +same effect that would be produced if said registration or recognition had +taken place in all of them, and every nullification or lapse of rights +occurring in the country of origin and communicated in the same form to +the others shall produce in them the same effect that it would produce in +the former.</p> + +<p class="sidenote">If no term by law, then as specified<br /> + +<a name="Page_645" id="Page_645"></a><span class="pagenum">[Pg +645]</span>Copyright, 25 years after death of author</p> + +<p>The period of international protection derived from the registration +shall be that recognized by the laws of the country where the rights +originated or have been recognized; and if said laws do not provide for +such matters or do not specify a fixed period, the respective periods +shall be: for patents, 15 years; for trade-marks or commercial designs, +models, and industrial drawings, 10 years; for literary and artistic +works, 25 years, counting from the death of the author thereof. The first +two periods may be renewed at will by giving the same form as in the case +of the first registration.</p> + +<p class="center"><span class="smcap">Article 8</span></p> + +<p class="sidenote">Regulations to govern Bureaus<br /> + +Expenses of Bureaus</p> + +<p>The International Bureaus for the protection of intellectual and +industrial property shall be governed by identical regulations, formed +with the concurrence of the Governments of the Republics of Cuba and +Brazil and approved by all the others belonging to the Union. Their +budgets, after being sanctioned by the said Governments, shall be defrayed +by all of the subscribing Governments in the same proportion established +for the International Bureau of American Republics at Washington, and in +this particular they shall be placed under the control of those +Governments within whose territories they are established.</p> + +<p class="sidenote">Registration fee, $5 American gold</p> + +<p>To the tax on rights which the country of their origin collects for +registration or deposit and other acts resulting from the recognition or +guaranty of intellectual and industrial property, shall be added a fee of +five dollars, American gold, which fee or the equivalent thereof in the +currency of the country in which the payment is made shall be distributed +in equal parts among the Governments in whose territory the International +Bureaus shall be established, the sole object of this being to contribute +to the maintenance of the said Bureaus.</p> + +<p class="center"><span class="smcap">Article 9</span></p> + +<p class="sidenote">Functions of Bureaus:</p> + +<p>In addition to the functions prescribed in the preceding articles, the +International Bureaus shall have the following:</p> + +<p class="sidenote">1. To collect and publish information</p> + +<p>1st. To collect information of all kinds regarding the protection of +intellectual and industrial property and to publish and circulate the same +among the countries of America at proper intervals;</p> + +<p class="sidenote">2. May publish official reviews</p> + +<p>2nd. To encourage the study of questions regarding the said subjects, +to which end they may publish one or more official reviews containing all +documents forwarded to them by the offices of the subscribing +countries;</p> + +<p class="sidenote"> 3. To give notice of difficulties</p> + +<p><a name="Page_646" id="Page_646"></a><span class="pagenum">[Pg +646]</span>3rd. To lay before the Governments of the Union any +difficulties or obstacles that may arise in the efficacious application of +the present Convention, and indicate means to correct or remove such +difficulties or obstacles;</p> + +<p class="sidenote">4. To originate and prepare for international +conferences</p> + +<p>4th. To help the Governments of the Union in the preparation of +international conferences for the study and progress of legislation and +intellectual and industrial properties, for alterations which it may be +proper to introduce in the regulations of the Union or in the treaties in +force on the said subject, and in case such conferences take place the +directors of the Bureaus, not appointed to represent any countries, shall +have a right to attend the meetings and express their opinions at them, +but not to vote;</p> + +<p class="sidenote">5. To make yearly report</p> + +<p>5th. To present to the Governments of the countries where they shall +have their seats a yearly report of their labors, which shall be +communicated to all of the States of the Union;</p> + +<p class="sidenote">6. To arrange for the exchange of publications, +etc.</p> + +<p>6th. To establish relations for the exchange of publications, +informations and data conducive to the progress of the institution with +similar bureaus, and institutions, and with scientific, literary, +artistic, and industrial corporations of Europe and America;</p> + +<p class="sidenote">7. To act as agent for each of the Governments +concerned</p> + +<p>7th. To coöperate as agent for each one of the Governments of the Union +for the transaction of any business, the taking of any initiative, or the +execution of any act conducive to further the ends of the present +Convention with the offices of the other Governments.</p> + +<p class="center"><span class="smcap">Article 10</span></p> + +<p class="sidenote">Registration required to replace provisions of +treaties of 1902</p> + +<p>The provisions contained in the Treaties of Mexico of January 27th, +1902, on patents of invention, drawings and industrial models, and +commercial trade-marks, and on literary and artistic property, so far as +regards the formalities of the registration or recognition of said rights +in other countries than that of origin, shall be considered as replaced by +the provisions of the present Convention as soon as one of the +International Bureaus shall have been established, and only with regard to +those States which have concurred in its constitution; in all other cases +the said treaties shall <a name="Page_647" id="Page_647"></a><span +class="pagenum">[Pg 647]</span>remain in force and the present Convention +shall be considered additional thereto.</p> + +<p class="center"><span class="smcap">Article 11</span></p> + +<p class="sidenote">Cuba and Brazil to organize Copyright Bureaus</p> + +<p>The Governments of the Republics of Cuba and the United States of +Brazil shall proceed with the organization of the International Bureaus +upon the ratification of this Convention by at least two-thirds of the +nations belonging to each group mentioned in Article 3. The simultaneous +establishment of both Bureaus shall not be necessary; one only may be +established if there be the number of adherent Governments provided above, +the Government in which the Bureau has its seat being charged with taking +the proper steps to secure this result, availing itself of the powers +contained in the eighth article.</p> + +<p class="sidenote">Bureau first established to be used until second is +organized</p> + +<p>In the event that one of the two offices referred to in this Convention +shall have been established, the countries belonging to a group other than +that to which the Bureau corresponds shall have the right to join it until +the second Bureau shall be established. Upon the establishment of the +second Bureau the first Bureau shall transmit to the same all the data +referred to in Article 12.</p> + +<p class="center"><span class="smcap">Article 12</span></p> + +<p class="sidenote">Adhesions to treaty to be communicated to Brazil</p> + +<p>As regards the adhesion of the American nations to the present +Convention, it will be communicated to the Government of the United States +of Brazil, which will lay it before the others, these communications +taking the place of an exchange of notes.</p> + +<p class="sidenote">Brazil to notify Bureau of each adhesion</p> + +<p>The Government of Brazil will also notify the International Bureau of +this adhesion, and this Bureau will forward to the newly adhering State a +complete statement of all the marks, patents, models, drawings, and +literary and artistic works registered which at the time shall be under +international protection.</p> + +<p>In testimony whereof the Plenipotentiaries and Delegates have signed +the present Convention and affixed the seal of the Third International +American Conference.</p> + +<p class="sidenote">Signed at Rio de Janeiro, Aug. 23, 1906</p> + +<p>Made in the City of Rio de Janeiro the twenty-third day <a +name="Page_648" id="Page_648"></a><span class="pagenum">[Pg 648]</span>of +August, nineteen hundred and six, in English, Portuguese, and Spanish, and +deposited with the Secretary of Foreign Affairs of the United States of +Brazil, in order that certified copies thereof be made and sent through +diplomatic channels to the signatory States.</p> + +<p class="p4"><a name="Page_649" id="Page_649"></a><span +class="pagenum">[Pg 649]</span></p> + +<h3>14. BUENOS AIRES CONVENTION, 1910</h3> + +<p class="center"><span class="smcap">Convention on Literary and Artistic +Copyright Signed at Buenos Aires, August 11, 1910</span></p> + +<p class="center"><span class="smcap">Article 1</span></p> + +<p class="sidenote">Union to protect literary and artistic property</p> + +<p>The signatory States acknowledge and protect the rights of literary and +artistic property in conformity with the stipulations of the present +convention.</p> + +<p class="center"><span class="smcap">Article 2</span></p> + +<p class="sidenote">Definition of "literary and artistic works"</p> + +<p>In the expression "Literary and artistic works" are included books, +writings, pamphlets of all kinds, whatever may be the subject of which +they treat and whatever the number of their pages; dramatic or +dramatico-musical works; choreographic and musical compositions, with or +without words; drawings, paintings, sculpture, engravings; photographic +works; astronomical or geographical globes; plans, sketches or plastic +works relating to geography, geology or topography, architecture or any +other science; and, finally, all productions that can be published by any +means of impression or reproduction.</p> + +<p class="center"><span class="smcap">Article 3</span></p> + +<p class="sidenote">Formalities</p> + +<p>The acknowledgment of a copyright obtained in one State, in conformity +with its laws, shall produce its effects of full right in all the other +States without the necessity of complying with any other formality, +provided always there shall appear in the work a statement that indicates +the reservation of the property right.</p> + +<p class="center"><span class="smcap">Article 4</span></p> + +<p class="sidenote">Definition of copyright</p> + +<p>The copyright of a literary or artistic work includes for its author or +assigns the exclusive power of disposing of the same, of publishing, +assigning, translating, or authorizing <a name="Page_650" +id="Page_650"></a><span class="pagenum">[Pg 650]</span>its translation and +reproducing it in any form whether wholly or in part.</p> + +<p class="center"><span class="smcap">Article 5</span></p> + +<p class="sidenote">Authorship recognized</p> + +<p>The author of a protected work, except in case of proof to the +contrary, shall be considered the person whose name or well-known nom de +plume is indicated therein; consequently suit brought by such author or +his representative against counterfeiters or violators shall be admitted +by the courts of the signatory States.</p> + +<p class="center"><span class="smcap">Article 6</span></p> + +<p class="sidenote">Authors to enjoy rights secured in country of origin +for like term</p> + +<p>The authors or their assigns, citizens or domiciled foreigners, shall +enjoy in the signatory countries the rights that the respective laws +accord, without those rights being allowed to exceed the term of +protection granted in the country of origin.</p> + +<p class="sidenote">Works in parts or in several volumes</p> + +<p>For works comprising several volumes that are not published +simultaneously, as well as for bulletins, or parts, or periodical +publications, the term of the copyright will commence to run, with respect +to each volume, bulletin, part, or periodical publication, from the +respective date of its publication.</p> + +<p class="center"><span class="smcap">Article 7</span></p> + +<p class="sidenote">Country of first publication country of origin</p> + +<p>The country of origin of a work will be deemed that of its first +publication in America, and if it shall have appeared simultaneously in +several of the signatory countries, that which fixes the shortest period +of protection.</p> + +<p class="center"><span class="smcap">Article 8</span></p> + +<p class="sidenote">Subsequent editions non-copyright</p> + +<p>A work which was not originally copyrighted shall not be entitled to +copyright in subsequent editions.</p> + +<p class="center"><span class="smcap">Article 9</span></p> + +<p class="sidenote">Translation protected</p> + +<p>Authorized translations shall be protected in the same manner as +original works.</p> + +<p>Translators of works concerning which no right of guaranteed property +exists, or the guaranteed copyright of which may have been extinguished, +may obtain for their <a name="Page_651" id="Page_651"></a><span +class="pagenum">[Pg 651]</span>translations the rights of property set +forth in Article 3d but they shall not prevent the publication of other +translations of the same work.</p> + +<p class="center"><span class="smcap">Article 10</span></p> + +<p class="sidenote">Addresses</p> + +<p>Addresses or discourses delivered or read before deliberative +assemblies, courts of justice, or at public meetings may be printed in the +daily press without the necessity of any authorization, with due regard, +however, to the provisions of the domestic legislation of each nation.</p> + +<p class="center"><span class="smcap">Article 11</span></p> + +<p class="sidenote">Newspaper articles</p> + +<p>Literary, scientific, or artistic writings, whatever may be their +subjects, published in newspapers or magazines in any one of the countries +of the Union, shall not be reproduced in the other countries without the +consent of the authors. With the exception of the works mentioned, any +article in a newspaper may be reprinted by others if it has not been +expressly prohibited, but in every case the source from which it is taken +must be cited.</p> + +<p class="sidenote">Newspaper news</p> + +<p>News and miscellaneous items published merely for general information +do not enjoy protection under this convention.</p> + +<p class="center"><span class="smcap">Article 12</span></p> + +<p class="sidenote">Fragments of literary or artistic works</p> + +<p>The reproduction of extracts from literary or artistic publications for +the purpose of instruction or chrestomathy does not confer any right of +property, and may, therefore, be freely made in all the signatory +countries.</p> + +<p class="center"><span class="smcap">Article 13</span></p> + +<p class="sidenote">Infringements defined</p> + +<p>The indirect appropriation of unauthorized parts of a literary or +artistic work having no original character shall be deemed an illicit +reproduction, in so far as affects civil liability.</p> + +<p>The reproduction in any form of an entire work, or of the greater part +thereof, accompanied by notes or commentaries under the pretext of +literary criticism or amplification, or supplement to the original work, +shall also be considered illicit.</p> + +<p class="center"><a name="Page_652" id="Page_652"></a><span +class="pagenum">[Pg 652]</span> <span class="smcap">Article 14</span></p> + +<p class="sidenote">Fraudulent copies to be sequestrated, etc.</p> + +<p>Every publication infringing a copyright may be confiscated in the +signatory countries in which the original work had the right to be legally +protected, without prejudice to the indemnities or penalties which the +counterfeiters may have incurred according to the laws of the country in +which the fraud may have been committed.</p> + +<p class="center"><span class="smcap">Article 15</span></p> + +<p class="sidenote">Each government to exercise supervision</p> + +<p>Each of the Governments of the signatory countries shall retain the +right to permit, inspect, or prohibit the circulation, representation, or +exhibition of works or productions, concerning which the proper authority +may have to exercise that right.</p> + +<p class="center"><span class="smcap">Article 16</span></p> + +<p class="sidenote">Convention to take effect three months after +ratification</p> + +<p>The present convention shall become operative between the signatory +States which ratify it three months after they shall have communicated +their ratification to the Argentine Government, and it shall remain in +force among them until a year after the date, when it may be denounced. +This denunciation shall be addressed to the Argentine Government and shall +be without force except with respect to the country making it.</p> + +<p class="sidenote">Signed at Buenos Aires Aug. 11, 1910</p> + +<p>Made and signed in the city of Buenos Aires on the eleventh day of +August in the year one thousand nine hundred and ten, in Spanish, English, +Portuguese, and French, and deposited in the ministry of foreign affairs +of the Argentine Republic, in order that certified copies be made for +transmission to each one of the signatory nations through the appropriate +diplomatic channels.</p> + +<p>The convention was thus signed by representatives of twenty powers: the +United States of America, Argentine Republic, Brazil, Chile, Colombia, +Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, +Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay and +Venezuela.</p> + +<p class="p4"><a name="Page_653" id="Page_653"></a><span +class="pagenum">[Pg 653]</span><a name="chron"></a></p> + +<h2>CHRONOLOGICAL TABLE OF LAWS AND CASES, ENGLISH AND AMERICAN</h2> + +<p class="p2">This table gives in chronological order the statutes, with +reference to their place in the statute books, and historical, leading and +recent cases with the name of the court, of the judge presiding or giving +the opinion, and the reference to the law reports, also an epitome of the +point cited in the text, with page reference. It is not intended to cover +minor cases, not settling any principle, and where a decision has been +reversed on appeal, the case in the lower court may not be given unless +some definite point was there settled. The usual law report abbreviations +are employed; outside of these, Copinger refers to Copinger's "Law of +Copyright," Copr. Cas. to the annual summary of copyright cases edited by +McGillivray and published by the English Publishers Association, Hamlin +Copr. C. & D. to Hamlin's "Copyright Cases and Decisions, 1891-1903," +published for the American Publishers' Copyright League, <i>Times</i> to +the London <i>Times</i> legal column, and <i>Pub. Week.</i> to the +<i>Publishers' Weekly</i>, of New York. English and American cases can be +distinguished by the name of the court, judge or report. Cases are entered +alphabetically in the general index with references to the year and to the +page of text.</p> + +<table summary="Chronological Table of Laws and Cases"> + +<tr><td class="leftsm">1710</td> +<td class="leftsm" colspan="3">Act for the encouragement of learning</td> +<td class="rightsm">8 Anne, c. 19</td></tr> + +<tr><td class="leftsm">1735</td> +<td class="leftsm" colspan="3">Engraving copyright act</td> +<td class="rightsm">8 Geo. II, c. 13</td></tr> + +<tr><td class="leftsm">1735</td> +<td class="leftsm">Eyre <i>v.</i> Walker</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">Jekyll, M. R.,</td> +<td class="rightsm">4 Bur. 2325</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"The whole duty of man" protected at common +law after statutory term, 24</td></tr> + +<tr><td class="leftsm">1739</td> +<td class="leftsm" colspan="3">Prohibition of foreign reprints act</td> +<td class="rightsm">12 Geo. II, c. 36</td></tr> + +<tr><td class="leftsm">1740</td> +<td class="leftsm">Gyles <i>v.</i> Wilcox</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">L. Hardwicke,</td> +<td class="rightsm">2 Atk. 141</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Condemning reprint "colorably shortened +only," but not "a real and fair abridgment," 80</td></tr> + +<tr><td class="leftsm">1741</td> +<td class="leftsm">Pope <i>v.</i> Curl</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">L. C. Hardwicke,</td> +<td class="rightsm">2 Atk. 342</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Republication of letters enjoined, 92</td> +</tr> + +<tr><td class="leftsm">1766</td> +<td class="leftsm" colspan="3">Engraving copyright act</td> +<td class="rightsm">7 Geo. III, c. 38</td></tr> + +<tr><td class="leftsm">1769</td> +<td class="leftsm">Millar <i>v.</i> Taylor</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">L. Mansfield,</td> +<td class="rightsm">4 Bur. 2303</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Thomson's "Seasons" protected at common law +in perpetuity, 25</td></tr> + +<tr><td class="leftsm">1774</td> +<td class="leftsm">"Newbery's case"</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">L. C. Apsley,</td> +<td class="rightsm">Lofft, 775</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Abridgment involving understanding and skill +"an allowable and meritorious work," 80</td></tr> + +<tr><td class="leftsm">1774</td> +<td class="leftsm">Donaldson <i>v.</i> Becket</td> +<td class="leftsm" colspan="2">House of Lords</td> +<td class="rightsm">2 Bro. P. C. 129</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Thomson's "Seasons"—common law rights +abrogated by Statute of Anne, 7, 25, 26, 41</td></tr> + +<tr><td class="leftsm">1774</td> +<td class="leftsm">Thompson <i>v.</i> Stanhope</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">Ld. Apsley,</td> +<td class="rightsm">Amb. 737</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Publication prevented of letters, though a +gift from author, 92</td></tr> + +<tr><td class="leftsm">1775</td> +<td class="leftsm" colspan="3">[University] copyright act</td> +<td class="rightsm">15 Geo. III, c. 53</td></tr> + +<tr><td class="leftsm">1777</td> +<td class="leftsm" colspan="3">Prints copyright act</td> +<td class="rightsm">17 Geo. III, c. 57</td></tr> + +<tr><td class="leftsm"><a name="Page_654" id="Page_654"></a><span +class="pagenum">[Pg 654]</span>1783</td> +<td class="leftsm" colspan="3">U. S. Constitution</td> +<td class="rightsm">Art. I, § 8</td></tr> + +<tr><td class="leftsm" colspan="2">1783-90 State copyright laws</td></tr> + +<tr><td class="leftsm">1787</td> +<td class="leftsm" colspan="3">Copyright in designs act</td> +<td class="rightsm">27 Geo. III, c. 38</td></tr> + +<tr><td class="leftsm">1789</td> +<td class="leftsm" colspan="3">Copyright in designs act</td> +<td class="rightsm">29 Geo. III, c. 19</td></tr> + +<tr><td class="leftsm">1790</td> +<td class="leftsm" colspan="3">U. S. general copyright act</td></tr> + +<tr><td class="leftsm">1794</td> +<td class="leftsm" colspan="3">Copyright in designs act</td> +<td class="rightsm">34 Geo. III, c. 23</td></tr> + +<tr><td class="leftsm">1798</td> +<td class="leftsm" colspan="3">Sculpture copyright act</td> +<td class="rightsm">38 Geo. III, c. 71</td></tr> + +<tr><td class="leftsm">1798</td> +<td class="leftsm">Beckford <i>v.</i> Hood</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">L. Kenyon,</td> +<td class="rightsm">7 T. R. 620</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Common law remedies also applied in +statutory period, 27</td></tr> + +<tr><td class="leftsm">1801</td> +<td class="leftsm" colspan="3">Act for the further encouragement of +learning</td> +<td class="rightsm">41 Geo. III, c. 107</td></tr> + +<tr><td class="leftsm">1801</td> +<td class="leftsm">Cary <i>v.</i> Longman</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">L. Kenyon,</td> +<td class="rightsm">1 East, 358</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">New added material to non-copyright book, +protectable as such, 76</td></tr> + +<tr><td class="leftsm">1802</td> +<td class="leftsm" colspan="3">U. S. Supplementary act (engravings, +etc.)</td></tr> + +<tr><td class="leftsm">1812</td> +<td class="leftsm">Morris <i>v.</i> Colman</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">L. C. Eldon,</td> +<td class="rightsm">18 Vesey, 437</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Author under exclusive contract enjoined +from furnishing plays elsewhere, 441</td></tr> + +<tr><td class="leftsm">1814</td> +<td class="leftsm" colspan="3">Sculpture copyright act</td> +<td class="rightsm">54 Geo. III, c. 56</td></tr> + +<tr><td class="leftsm">1814</td> +<td class="leftsm" colspan="3">Amendatory copyright act, for printed +books</td> +<td class="rightsm">54 Geo. III, c. 156</td></tr> + +<tr><td class="leftsm">1817</td> +<td class="leftsm">Gale <i>v.</i> Leckie</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">L. Ellenborough,</td> +<td class="rightsm">2 Starkie, 107</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Author liable for failure to complete work, +441</td></tr> + +<tr><td class="leftsm">1817</td> +<td class="leftsm">Southey <i>v.</i> Sherwood</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">L. Eldon,</td> +<td class="rightsm">2 Meriv. 435</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">No copyright in immoral book. No right to +hold what there was no right to sell, 86</td></tr> + +<tr><td class="leftsm">1819</td> +<td class="leftsm" colspan="3">U. S. act extending jurisdiction of +Circuit Courts</td></tr> + +<tr><td class="leftsm">1819</td> +<td class="leftsm">Clarke <i>v.</i> Price</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">L. C. Eldon,</td> +<td class="rightsm">2 Wils. C. R. 157</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Author cannot be compelled to write, +441</td></tr> + +<tr><td class="leftsm">1824</td> +<td class="leftsm">Barfield <i>v.</i> Nicholson</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Leach,</td><td class="rightsm">2 L. J. Ch. 90</td> +</tr> + +<tr><td></td> +<td class="lefti" colspan="4">Author may not prejudice sale through +another book of like subject, 441</td></tr> + +<tr><td class="leftsm">1825</td> +<td class="leftsm">Abernethy <i>v.</i> Hutchinson</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">L. C. Eldon,</td> +<td class="rightsm">3 L. J. (O. S.)<br />Ch. 209</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Unwritten lecture—oral delivery not +publication, 90</td></tr> + +<tr><td class="leftsm">1826</td> +<td class="leftsm">Mawman <i>v.</i> Tegg</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">L. C. Eldon,</td> +<td class="rightsm">2 Russ. 385</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Fair use" defined. Inseparable use of +copyright material renders whole work an infringement, 256</td></tr> + +<tr><td class="leftsm">1828</td> +<td class="leftsm">Clayton <i>v.</i> Stone</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Thompson,</td> +<td class="rightsm">2 Paine, 382</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyrightable property not determined by +size, form or shape, but by subject-matter, 69</td></tr> + +<tr><td class="leftsm">1831</td> +<td class="leftsm" colspan="3">U. S. general copyright act</td></tr> + +<tr><td class="leftsm">1831</td> +<td class="leftsm">Brooke <i>v.</i> Chitty</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">L. Brougham,</td> +<td class="rightsm">2 Cooper (Cottenham), 216</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Court cannot restrain book until there is +actual printing and publication, 442</td></tr> + +<tr><td class="leftsm"><a name="Page_655" id="Page_655"></a><span +class="pagenum">[Pg 655]</span>1832</td> +<td class="leftsm">Archbold <i>v.</i> Sweet</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">C. J. Tenterden,</td> +<td class="rightsm">5 Carr. & P. 219</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Alterations by publisher not permitted to +author's injury, 443</td></tr> + +<tr><td class="leftsm">1833</td> +<td class="leftsm" colspan="3">Dramatic copyright act</td><td +class="rightsm">3 & 4 Will. IV, c. 15</td></tr> + +<tr><td class="leftsm">1834</td> +<td class="leftsm" colspan="3">U. S. supplementary act +(assignment)</td></tr> + +<tr><td class="leftsm">1834</td> +<td class="leftsm">Wheaton <i>v.</i> Peters</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. McLean,</td> +<td class="rightsm">8 Pet. 591</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">U. S. Act of 1790 abrogates common law +rights after publication, 40, 41; "There is no common law of the +U. S.," 44; exact conformity with statute requisite, 149</td></tr> + +<tr><td class="leftsm">1835</td> +<td class="leftsm" colspan="3">Lectures copyright act</td> +<td class="rightsm">5 & 6 Will. IV, c. 65</td></tr> + +<tr><td class="leftsm">1836</td> +<td class="leftsm" colspan="3">Prints and engravings copyright act +(Ireland)</td><td class="rightsm">6 & 7 Will. IV, c. 59</td></tr> + +<tr><td class="leftsm">1836</td> +<td class="leftsm" colspan="3">Copyright act, library deposit +copies</td><td class="rightsm">6 & 7 Will. IV, c. 110</td></tr> + +<tr><td class="leftsm">1838</td> +<td class="leftsm" colspan="3">International copyright act</td><td +class="rightsm">1 & 2 Vict. c. 59</td></tr> + +<tr><td class="leftsm">1839</td> +<td class="leftsm" colspan="3">Copyright in designs (fabrics) act</td><td +class="rightsm">2 Vict. c. 13</td></tr> + +<tr><td class="leftsm">1839</td> +<td class="leftsm" colspan="3">Amendatory copyright act, for +designs</td><td class="rightsm">2 Vict. c. 17</td></tr> + +<tr><td class="leftsm">1840</td> +<td class="leftsm">Bell <i>v.</i> Locke</td> +<td class="leftsm">[N. Y.] Chancery</td> +<td class="leftsm">Chan. Walworth,</td><td class="rightsm">8 Paige, +74</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Deceiving public by use of like title is an +infringement, 83</td></tr> + +<tr><td class="leftsm">1840</td> +<td class="leftsm">Dwight <i>v.</i> Appleton</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Thompson,</td><td class="rightsm">1 N. Y. Leg. Obs. +195</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright notice in succeeding volumes held +unnecessary, 133</td></tr> + +<tr><td class="leftsm">1841</td> +<td class="leftsm">Folsom <i>v.</i> Marsh</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Story,</td> +<td class="rightsm">2 Story, 100</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Author of letters has sole right to +copyright, 92; piracy if another's labor is substantially appropriated to +injurious extent, 252</td></tr> + +<tr><td class="leftsm">1841</td> +<td class="leftsm" colspan="3">Gibson <i>v.</i> Carruthers Exchequer</td> +<td class="rightsm">8 M. & W. 321</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Author cannot on bankruptcy of publisher be +required to complete work, 452</td></tr> + +<tr><td class="leftsm">1841</td> +<td class="leftsm">Sweet <i>v.</i> Cater</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Shadwell,</td> +<td class="rightsm">5 Jur. 68</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Publisher may prevent author from issuing +competing edition, 444</td></tr> + +<tr><td class="leftsm">1842</td> +<td class="leftsm" colspan="3">Copyright act</td> +<td class="rightsm">5 & 6 Vict. c. 45</td></tr> + +<tr><td class="leftsm">1842</td> +<td class="leftsm" colspan="3">Customs act</td> +<td class="rightsm">5 & 6 Vict. c. 47</td></tr> + +<tr><td class="leftsm">1842</td> +<td class="leftsm" colspan="3">Designs copyright act</td> +<td class="rightsm">5 & 6 Vict. c. 100</td></tr> + +<tr><td class="leftsm">1843</td> +<td class="leftsm" colspan="3">Amendatory copyright act, for designs</td> +<td class="rightsm">6 & 7 Vict. c. 65</td></tr> + +<tr><td class="leftsm">1843</td> +<td class="leftsm">Lennie <i>v.</i> Pillans</td> +<td class="leftsm">Scotch Ct. Sess.</td> +<td class="leftsm">L. P. Boyle,</td> +<td class="rightsm">111 Sc. Rev. R. 2, s. 171</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Compilations of non-copyright material +showing originality and labor, protected, 81</td></tr> + +<tr><td class="leftsm">1844</td> +<td class="leftsm" colspan="3">International copyright act</td><td +class="rightsm">7 & 8 Vict. c. 12</td></tr> + +<tr><td class="leftsm">1844</td> +<td class="leftsm" colspan="3">Act to reduce duties on books and +prints</td><td class="rightsm">7 & 8 Vict. c. 73</td></tr> + +<tr><td class="leftsm">1846</td> +<td class="leftsm" colspan="3">Amendatory act for duties on books</td> +<td class="rightsm">9 & 10 Vict. c. 58</td></tr> + +<tr><td class="leftsm">1846</td> +<td class="leftsm" colspan="3">U. S. act. Deposit of copies</td></tr> + +<tr><td class="leftsm">1847</td> +<td class="leftsm" colspan="3">Colonial copyright act</td> +<td class="rightsm">10 & 11 Vict. c. 95</td></tr> + +<tr><td class="leftsm">1847</td> +<td class="leftsm">Story's Executors <i>v.</i> Holcombe</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. McLean,</td> +<td class="rightsm">4 McLean, 306</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Fair abridgment, by ruling precedents, not +an invasion of literary property, 81</td></tr> + +<tr><td class="leftsm"><a name="Page_656" id="Page_656"></a><span +class="pagenum">[Pg 656]</span>1848</td> +<td class="leftsm">Baker <i>v.</i> Taylor</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Betts,</td> +<td class="rightsm">2 Blatch. 82</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Error of 1847 for 1846 in copyright notice +invalidates copyright, 129</td></tr> + +<tr><td class="leftsm">1848</td> +<td class="leftsm">Russell <i>v.</i> Smith</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">L. Denman,</td> +<td class="rightsm">12 Q. B. 217</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Dramatic rendition of song without costume +or scenery adjudged "dramatic piece," 176, 191; registration of dramatic +piece optional in England, 189</td></tr> + +<tr><td class="leftsm">1849</td> +<td class="leftsm">Albert, Prince, <i>v.</i> Strange</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">V. C. Bruce,</td> +<td class="rightsm">2 De G. & Sm. 652</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Common law protects until publication, 187; +descriptive catalogue and exhibition of copies of unpublished art work +infringements, 238</td></tr> + +<tr><td class="leftsm">1850</td> +<td class="leftsm" colspan="3">Copyright in designs act</td> +<td class="rightsm">13 & 14 Vict. c. 104</td></tr> + +<tr><td class="leftsm">1851</td> +<td class="leftsm" colspan="3">Protection of works. London international +exhibition </td> +<td class="rightsm">14 Vict. c. 8</td></tr> + +<tr><td class="leftsm">1852</td> +<td class="leftsm" colspan="3">International copyright act</td> +<td class="rightsm">15 & 16 Vict. c. 12</td></tr> + +<tr><td class="leftsm">1852</td> +<td class="leftsm">Bogue <i>v.</i> Houlston</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Parker,</td> +<td class="rightsm">5 De G. & Sm. 267</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright extends to every part of a book, +76</td></tr> + +<tr><td class="leftsm">1852</td> +<td class="leftsm">Little <i>v.</i> Gould</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Nelson,</td> +<td class="rightsm">2 Blatch. 362</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">State copyright owner in work of salaried +law reporter, 98</td></tr> + +<tr><td class="leftsm">1852</td> +<td class="leftsm">Pulte <i>v.</i> Derby</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. McLean,</td> +<td class="rightsm">5 McLean, 328</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Publishing contract for "edition," does not +prohibit successive printings, 446</td></tr> + +<tr><td class="leftsm">1853</td> +<td class="leftsm" colspan="3">Customs consolidation act</td> +<td class="rightsm">16 & 17 Vict. c. 107</td></tr> + +<tr><td class="leftsm">1853</td> +<td class="leftsm">Cox <i>v.</i> Cox</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Wood,</td> +<td class="rightsm">11 Hare, 118</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Writer may not prevent alterations made by +employer, 443</td></tr> + +<tr><td class="leftsm">1853</td> +<td class="leftsm">Stowe <i>v.</i> Thomas</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Grier,</td> +<td class="rightsm">2 Wall Jr. 547</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">No exclusive right of translation under +early law, 77</td></tr> + +<tr><td class="leftsm">1854</td> +<td class="leftsm">Jefferys <i>v.</i> Boosey</td> +<td class="leftsm" colspan="2">House of Lords</td> +<td class="rightsm">4 H. L. C. 815</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Definition of the two senses of copyright, +1, 2, 4; non-resident foreigner could not acquire copyright under act of +1710 by first publication in England, 108, 373</td></tr> + +<tr><td class="leftsm">1854</td> +<td class="leftsm">Stevens <i>v.</i> Benning</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Wood,</td> +<td class="rightsm">1 Kay & J. 168</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Contract for publication a personal contract +not assignable without consent, 444</td></tr> + +<tr><td class="leftsm">1855</td> +<td class="leftsm" colspan="3">Customs consolidation act.</td> +<td class="rightsm">18 & 19 Vict. c. 96</td></tr> + +<tr><td class="leftsm">1855</td> +<td class="leftsm" colspan="3">U. S. Act. Deposits through mails +free</td></tr> + +<tr><td class="leftsm">1855</td> +<td class="leftsm">Stevens <i>v.</i> Benning</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">Lds. J. Bruce & Turner,</td> +<td class="rightsm">6 De G. M. & G. 223</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Affirming Stevens <i>v.</i> Benning.</td> +</tr> + +<tr><td class="leftsm">1856</td> +<td class="leftsm" colspan="3">U. S. supplementary act (dramatic)</td> +</tr> + +<tr><td class="leftsm">1858</td> +<td class="leftsm" colspan="3">Amendatory copyright act, for designs</td> +<td class="rightsm">21 & 22 Vict. c. 70</td></tr> + +<tr><td class="leftsm">1858</td> +<td class="leftsm">Reade <i>v.</i> Bentley</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Wood,</td> +<td class="rightsm">4 K. & J. 656</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Contract for publication a personal contract +of "joint adventure" terminable by author if not to publisher's loss, 434, +444</td></tr> + +<tr><td class="leftsm">1859</td> +<td class="leftsm" colspan="3">U. S. act. Place of deposit</td></tr> + +<tr><td class="leftsm">1860</td> +<td class="leftsm">Blackwood <i>v.</i> Brewster</td> +<td class="leftsm" colspan="2">Scotch Ct. Sess.</td> +<td class="rightsm">23 Sc. Sess. c. 2, s. 142</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Reprints to replace destroyed copies do not +constitute a new edition, 445</td></tr> + +<tr><td class="leftsm"><a name="Page_657" id="Page_657"></a><span +class="pagenum">[Pg 657]</span></td></tr> + +<tr><td class="leftsm">1860</td> +<td class="leftsm">Crookes <i>v.</i> Petter</td> +<td class="leftsm">Rolls Ct.</td> +<td class="leftsm">Romilly, M. R.,</td> +<td class="rightsm">6 Jur. 1131</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Editor's name not requisite part of title, +445</td></tr> + +<tr><td class="leftsm">1860</td> +<td class="leftsm">Turner <i>v.</i> Robinson</td> +<td class="leftsm">Irish Ct. Chanc.</td> +<td class="leftsm">Smith, M. R.,</td> +<td class="rightsm">10 Ir. Ch. R. 121</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Exhibition, with restriction as to copying, +not publication, 232</td></tr> + +<tr><td class="leftsm">1860</td> +<td class="leftsm">Turner <i>v.</i> Robinson</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">L. C. Brady,</td> +<td class="rightsm">10 Ir. Ch. R. 510</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Liability under breach of contract, 232; +Academy exhibition considered publication, 232</td></tr> + +<tr><td class="leftsm">1861</td> +<td class="leftsm" colspan="3">Amendatory copyright act, for designs</td> +<td class="rightsm">24 & 25 Vict. c. 73</td></tr> + +<tr><td class="leftsm">1861</td> +<td class="leftsm" colspan="3">Statute law revision act</td> +<td class="rightsm">24 & 25 Vict. c. 101</td></tr> + +<tr><td class="leftsm">1861</td> +<td class="leftsm" colspan="3">U. S. act. Appeal for copyright cases +to Supreme Court</td></tr> + +<tr><td class="leftsm">1862</td> +<td class="leftsm" colspan="3">Fine arts copyright act</td> +<td class="rightsm">25 & 26 Vict. c. 68</td></tr> + +<tr><td class="leftsm">1862</td> +<td class="leftsm">Boucicault <i>v.</i> Fox</td> +<td class="leftsm">U. S. C. C</td> +<td class="leftsm">J. Shipman,</td> +<td class="rightsm">5 Blatch. 87</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">A man's intellectual productions his own, +except under valid agreement with employer, 97</td></tr> + +<tr><td class="leftsm">1862</td> +<td class="leftsm">Drury <i>v.</i> Ewing</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Leavitt,</td> +<td class="rightsm">1 Bond, 540</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Diagram with directions for dress cutting +adjudged "book," 69</td></tr> + +<tr><td class="leftsm">1862</td> +<td class="leftsm">Howitt <i>v.</i> Hall</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Wood,</td> +<td class="rightsm">6 L. T. (<span class="smcap">n. s.</span>) 348</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copies printed within term of contract may +be sold after expiration, 445</td></tr> + +<tr><td class="leftsm">1862</td> +<td class="leftsm">Reade <i>v.</i> Conquest</td> +<td class="leftsm">Common Pleas</td> +<td class="leftsm">C J. Erle,</td> +<td class="rightsm">11 C. B. (<span class="smcap">n. s.</span>) 478</td> +</tr> + +<tr><td></td> +<td class="lefti" colspan="4">Dramatization based on novelization, +infringement of original play, 172</td></tr> + +<tr><td class="leftsm">1863</td> +<td class="leftsm">Boucicault <i>v.</i> Delafield</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C Wood,</td> +<td class="rightsm">1 H. & M. 597</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">First publication outside British Dominions +under int. copr. act, forfeits playright, 184</td></tr> + +<tr><td class="leftsm">1863</td> +<td class="leftsm">Hotten <i>v.</i> Arthur</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Wood,</td> +<td class="rightsm">1 H. & M. 603</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Catalogue of old books copyrightable, 73</td> +</tr> + +<tr><td class="leftsm">1863</td> +<td class="leftsm">Tinsley <i>v.</i> Lacy</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C Wood,</td> +<td class="rightsm">1 H. & M. 747</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Printed dramatization enjoined as using +substantial parts of novel, 173</td></tr> + +<tr><td class="leftsm">1864</td> +<td class="leftsm">Low <i>v.</i> Routledge</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Kindersley,</td> +<td class="rightsm">33 L. J. (<span class="smcap">n. s.</span>) Ch. 717</td> +</tr> + +<tr><td></td> +<td class="lefti" colspan="4">Inaccuracy in name of proprietor invalidates +copyright entry, 128</td></tr> + +<tr><td class="leftsm">1865</td> +<td class="leftsm" colspan="3">U. S. supplementary act +(photographs)</td></tr> + +<tr><td class="leftsm">1867</td> +<td class="leftsm" colspan="3">Statute law revision act</td> +<td class="rightsm">30 & 31 Vict. c. 59</td></tr> + +<tr><td class="leftsm">1867</td> +<td class="leftsm" colspan="3">U. S. act. Penalty for failure to +deposit</td></tr> + +<tr><td class="leftsm">1867</td> +<td class="leftsm">Maxwell <i>v.</i> Hogg</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">L. Cairns,</td> +<td class="rightsm">2 Ch. D. 307</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4"><i>Belgravia</i>—Title not protectable +until associated with a published work, 75, 84, 85</td></tr> + +<tr><td class="leftsm">1868</td> +<td class="leftsm">Daly <i>v.</i> Palmer</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Blatchford,</td> +<td class="rightsm">6 Blatch. 256</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Test of piracy defined, 175</td></tr> + +<tr><td class="leftsm">1868</td> +<td class="leftsm">Routledge <i>v.</i> Low</td> +<td class="leftsm" colspan="2">House of Lords</td> +<td class="rightsm">L. R., 3 H. L. 100</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Foreigner temporarily resident at first +publication may acquire British copyright under act of 1842, 109; first +publication probably single requisite for copyright 109, 374</td></tr> + +<tr><td class="leftsm"><a name="Page_658" id="Page_658"></a><span +class="pagenum">[Pg 658]</span> 1869</td> +<td class="leftsm">Lawrence <i>v.</i> Dana</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Clifford,</td> +<td class="rightsm">4 Cliff. 1</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">An abridgment permitted as established by +precedent, 81; new notice on new edition protects matter copyright in old +edition, 134; "copying is not confined to literal repetition," +254</td></tr> + +<tr><td class="leftsm">1869</td> +<td class="leftsm">Taylor <i>v.</i> Pillow</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. James,</td> +<td class="rightsm">L. R. 7 Eq. 418</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Proprietor, after assigning copyright, may +dispose of unsold copies, 446</td></tr> + +<tr><td class="leftsm">1870</td> +<td class="leftsm" colspan="3">U. S. consolidation act</td></tr> + +<tr><td class="leftsm">1870</td> +<td class="leftsm">Black <i>v.</i> Murray</td> +<td class="leftsm">Scotch Ct. Sess.</td> +<td class="leftsm">L. Inglis,</td> +<td class="rightsm"><span class="smcap">IX</span> Sc. Rev. R. 3, s. 443</td> +</tr> + +<tr><td></td> +<td class="lefti" colspan="4">New editions "enlarged and improved" +copyrightable, 75</td></tr> + +<tr><td class="leftsm">1871</td> +<td class="leftsm">Stannard <i>v.</i> Harrison</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Bacon,</td> +<td class="rightsm">24 L. T. (<span class="smcap">n. s.</span>) 570</td> +</tr> + +<tr><td></td> +<td class="lefti" colspan="4">Right in map drawn to order vests in +employer, 239</td></tr> + +<tr><td class="leftsm">1872</td> +<td class="leftsm">Clark <i>v.</i> Bishop</td> +<td class="leftsm">Exchequer</td> +<td class="leftsm">C. B. Kelly,</td> +<td class="rightsm">25 L. T. (<span class="smcap">n. s.</span>) 908</td> +</tr> + +<tr><td></td> +<td class="lefti" colspan="4">Song dramatically rendered protected as +dramatic piece, 176</td></tr> + +<tr><td class="leftsm">1872</td> +<td class="leftsm">Cobbett <i>v.</i> Woodward</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">L. Romilly,</td> +<td class="rightsm">L. R. 14 Eq. 407</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">No copyright in an advertisement, 73</td> +</tr> + +<tr><td class="leftsm">1872</td> +<td class="leftsm">Osgood <i>v.</i> Allen</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Shepley,</td> +<td class="rightsm">1 Holmes, 185</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"<i>Our Young Folks</i>"—a title not +copyrightable as such, 82, 85</td></tr> + +<tr><td class="leftsm">1872</td> +<td class="leftsm">Palmer <i>v.</i> DeWitt</td> +<td class="leftsm">N. Y. Ct. App.</td> +<td class="leftsm">J. Allen,</td> +<td class="rightsm">47 N. Y. 532</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Performance of play not publication, 180</td> +</tr> + +<tr><td class="leftsm">1873</td> +<td class="leftsm" colspan="3">U. S. act. Inclusion in Revised +Statutes</td></tr> + +<tr><td class="leftsm">1874</td> +<td class="leftsm" colspan="3">U. S. act. Notice, fees, etc.</td></tr> + +<tr><td class="leftsm">1874</td> +<td class="leftsm">Isaacs <i>v.</i> Daly</td> +<td class="leftsm">N. Y. Sup. Ct.</td> +<td class="leftsm">J. Curtis,</td> +<td class="rightsm">7 Jones & Sp. 511</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Title "Charity" cannot be monopolized, 82, +84</td></tr> + +<tr><td class="leftsm">1874</td> +<td class="leftsm">Toole <i>v.</i> Young</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">C. J. Cockburn,</td> +<td class="rightsm">9 Q. B. 523</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Right of dramatization not included under +book copyright in England, 172</td></tr> + +<tr><td class="leftsm">1874</td> +<td class="leftsm">Ward <i>v.</i> Beeton</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Malins,</td> +<td class="rightsm">L. R. 19 Eq. 207</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Proprietary name may not be used on +competing publication, 445</td></tr> + +<tr><td class="leftsm">1874</td> +<td class="leftsm">Warne <i>v.</i> Routledge</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">Jessel, M. R.,</td> +<td class="rightsm">L. R. 18 Eq. 497</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Right of publishing exclusive fortune of +contract only, 445</td></tr> + +<tr><td class="leftsm">1875</td> +<td class="leftsm" colspan="3">International copyright act</td> +<td class="rightsm">38 Vict. c. 12</td></tr> + +<tr><td class="leftsm">1875</td> +<td class="leftsm" colspan="3">Canada copyright act</td> +<td class="rightsm">38 & 39 Vict. c. 53</td></tr> + +<tr><td class="leftsm">1875</td> +<td class="leftsm" colspan="3">Amendatory copyright act for designs</td> +<td class="rightsm">38 & 39 Vict. c. 93</td></tr> + +<tr><td class="leftsm">1875</td> +<td class="leftsm">Banks <i>v.</i> McDivitt</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Shipman,</td> +<td class="rightsm">13 Blatch. 163</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Test of piracy defined, 251</td></tr> + +<tr><td class="leftsm">1875</td> +<td class="leftsm">Boucicault <i>v.</i> Hart</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Hunt,</td> +<td class="rightsm">13 Blatch. 37</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Exact conformity with statute requisite, +149</td></tr> + +<tr><td class="leftsm">1875</td> +<td class="leftsm">Parkinson <i>v.</i> Laselle</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Sawyer,</td> +<td class="rightsm">3 Sawyer, 330</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Exact conformity with statute requisite, +149</td></tr> + +<tr><td class="leftsm">1876</td> +<td class="leftsm" colspan="3">Customs law consolidation act</td> +<td class="rightsm">39 & 40 Vict. c. 36</td></tr> + +<tr><td class="leftsm"><a name="Page_659" id="Page_659"></a><span +class="pagenum">[Pg 659]</span> 1876</td> +<td class="leftsm">Boucicault <i>v.</i> Chatterton</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. James,</td> +<td class="rightsm">5 Ch. D. 267</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Previous performance of "Shaughraun" in N. +Y. forfeited playright, 184</td></tr> + +<tr><td class="leftsm">1876</td> +<td class="leftsm">Chatterton <i>v.</i> Cave</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">C. J. Cockburn,</td> +<td class="rightsm">46 L. J. (<span class="smcap">n. s.</span>) C. L. +97</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Rival dramatization, utilizing not +substantial added scenes, permitted, 174</td></tr> + +<tr><td class="leftsm">1878</td> +<td class="leftsm">Chatterton <i>v.</i> Cave</td> +<td class="leftsm" colspan="2">House of Lords</td> +<td class="rightsm">3 A. C. 483</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Following decision of lower court.</td></tr> + +<tr><td class="leftsm">1878</td> +<td class="leftsm">Weldon <i>v.</i> Dicks</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Malins,</td> +<td class="rightsm">10 Ch. D. 247</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Title "Trial and Triumph" protected as +virtually trade-mark, 83</td></tr> + +<tr><td class="leftsm">1879</td> +<td class="leftsm" colspan="3">U. S. act. Transmission through +mails</td></tr> + +<tr><td class="leftsm">1879</td> +<td class="leftsm">Hole <i>v.</i> Bradbury</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Fry,</td> +<td class="rightsm">12 Ch. D. 886</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Authors entitled to resume rights succeeding +publishers, 445</td></tr> + +<tr><td class="leftsm">1879</td> +<td class="leftsm">Kelly <i>v.</i> Byles</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Bacon,</td> +<td class="rightsm">13 Ch. D. 682</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Title "Post Office directory" not +copyrightable. No resemblance of publications, 83</td></tr> + +<tr><td class="leftsm">1880</td> +<td class="leftsm">Putnam <i>v.</i> Pollard</td> +<td class="leftsm">N. Y. Sup. Ct.</td> +<td class="leftsm">J. Beach,</td> +<td class="leftsm">N. Y. Daily Reg. O. 13 '80</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">State common law superseded by U. S. +statute, 40</td></tr> + +<tr><td class="leftsm">1881</td> +<td class="leftsm">Dicks <i>v.</i> Yates</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Bacon,</td> +<td class="rightsm">18 Ch. D. 76</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Splendid misery"—title thrice used, +common property, not protectable, 83</td></tr> + +<tr><td class="leftsm">1882</td> +<td class="leftsm" colspan="3">Copyright (musical compositions) act</td> +<td class="rightsm">45 & 46 Vict. c. 40</td></tr> + +<tr><td class="leftsm">1882</td> +<td class="leftsm" colspan="3">U. S. act. Position of notice</td></tr> + +<tr><td class="leftsm">1882</td> +<td class="leftsm">Cable <i>v.</i> Marks</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">V. C. Bacon,</td> +<td class="rightsm">47 L. T. (<span class="smcap">n. s.</span>) 432</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Shadow-trick perforated card, not +copyrightable, 242</td></tr> + +<tr><td class="leftsm">1882</td> +<td class="leftsm">Chappell <i>v.</i> Boosey</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. North,</td> +<td class="rightsm">21 Ch. D. 232</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Publication as book before performance does +not preclude performing rights, 183, 184</td></tr> + +<tr><td class="leftsm">1882</td> +<td class="leftsm">Maple <i>v.</i> Junior Army & Navy Stores</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">J. Jessel,</td> +<td class="rightsm">21 Ch. D. 369</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Illustrated advertising catalogue protected, +73</td></tr> + +<tr><td class="leftsm">1883</td> +<td class="leftsm" colspan="3">Patents, designs, and trade marks act</td> +<td class="rightsm">46 & 47 Vict. c. 57</td></tr> + +<tr><td class="leftsm">1883</td> +<td class="leftsm">Clemens <i>v.</i> Belford</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Blodgett,</td> +<td class="rightsm">14 F. R. 728</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Right to publish involves right to state +authorship, 98</td></tr> + +<tr><td class="leftsm">1883</td> +<td class="leftsm">Thomas <i>v.</i> Lennon</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Lowell,</td> +<td class="rightsm">14 F. R. 849</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Unpublished oratorio infringed by orchestral +score from non-copyright piano arrangement, 187</td></tr> + +<tr><td class="leftsm">1884</td> +<td class="leftsm">Burrow-Giles Lith. Co. <i>v.</i> Sarony</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Miller,</td> +<td class="rightsm">111 U. S. 53</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Writings" construed to cover photographs, +67, 240; N. Sarony (for Napoleon Sarony) sufficing as name, 129</td></tr> + +<tr><td class="leftsm">1884</td> +<td class="leftsm">Estes <i>v.</i> Williams</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Wheeler,</td> +<td class="rightsm">21 F. R. 189</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Chatterbox"—title restrained from use +on juveniles of like general character, 83</td></tr> + +<tr><td class="leftsm"><a name="Page_660" id="Page_660"></a><span +class="pagenum">[Pg 660]</span>1884</td> +<td class="leftsm">Duck <i>v.</i> Bates</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">Brett, M. R.,</td> +<td class="rightsm">13 Q. B. 843</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Amateur performance not for profit not a +public representation, 186</td></tr> + +<tr><td class="leftsm">1884</td> +<td class="leftsm">Nicols <i>v.</i> Pitman</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Kay,</td> +<td class="rightsm">26 Ch. D. 374</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Indirect copying by shorthand characters an +infringement, 254</td></tr> + +<tr><td class="leftsm">1886</td> +<td class="leftsm" colspan="3">International copyright act</td> +<td class="rightsm">49 & 50 Vict. c. 33</td></tr> + +<tr><td class="leftsm">1886</td> +<td class="leftsm">Aronson <i>v.</i> Fleckenstein</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Blodgett,</td> +<td class="rightsm">28 F. R. 75</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Title of drama protected under common law, +192</td></tr> + +<tr><td class="leftsm">1886</td> +<td class="leftsm">Harper <i>v.</i> Shoppell</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Wallace,</td> +<td class="rightsm">23 Blatch. 431</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Unprinted electrotype did not infringe +copyright, 235</td></tr> + +<tr><td class="leftsm">1886</td> +<td class="leftsm">Holloway <i>v.</i> Bradley</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Butler,</td> +<td class="rightsm"><i>Pub. Week.</i> 30:223</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Publisher may affix material to copyright +book, 100</td></tr> + +<tr><td class="leftsm">1886</td> +<td class="leftsm">Monaghan <i>v.</i> Taylor</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">L. C. J. Coleridge,</td> +<td class="rightsm">2 T. L. R. 685</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Proprietor of music hall liable for +infringement by singer, 193</td></tr> + +<tr><td class="leftsm">1887</td> +<td class="leftsm">Estes <i>v.</i> Worthington</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Shipman,</td> +<td class="rightsm">31 F. R. 154</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Title "Chatterbox" protected as trade-mark +against simulating publication of differing contents, 84, 261</td></tr> + +<tr><td class="leftsm">1887</td> +<td class="leftsm">Harper <i>v.</i> Franklin Sq. Lib. Co.</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Waite,</td> +<td class="rightsm"><i>Pub. Week.</i> 31:372</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Trade-mark rights in name "Franklin Square +library" protected, 262</td></tr> + +<tr><td class="leftsm">1888</td> +<td class="leftsm" colspan="3">Copyright (musical compositions) act</td> +<td class="rightsm">51 & 52 Vict. c. 17</td></tr> + +<tr><td class="leftsm">1888</td> +<td class="leftsm" colspan="3">Patents, designs and trade marks act</td> +<td class="rightsm">51 & 52 Vict. c. 50</td></tr> + +<tr><td class="leftsm">1888</td> +<td class="leftsm">Callaghan <i>v.</i> Myers</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Blatchford,</td> +<td class="rightsm">128 U. S. 617</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">1866 for 1867 does not invalidate copyright +notice, 130</td></tr> + +<tr><td class="leftsm">1888</td> +<td class="leftsm">Gottsberger <i>v.</i> Estes</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Colt,</td> +<td class="rightsm">33 F. R. 381</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Publication before deposit voided copyright +(under old law), 136</td></tr> + +<tr><td class="leftsm">1888</td> +<td class="leftsm">Mitchell & Miller <i>v.</i> White & Allen</td> +<td class="leftsm" colspan="2">N. Y. Sup. Ct.</td> +<td class="rightsm"><i>Pub. Week.</i> 34:586</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Life"—misleading use of title +enjoined, 84</td></tr> + +<tr><td class="leftsm">1888</td> +<td class="leftsm">Munro <i>v.</i> Beadle</td> +<td class="leftsm">N. Y. Sup. Ct.</td> +<td class="leftsm">J. Ingraham,</td> +<td class="rightsm">18 St. R. 278</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Sleuth" as a dictionary word not +protectable, 262</td></tr> + +<tr><td class="leftsm">1888</td> +<td class="leftsm">Munro <i>v.</i> Smith</td> +<td class="leftsm">N. Y. Sup. Ct.</td> +<td class="leftsm">J. O'Brien,</td> +<td class="rightsm">18 St. R. 279</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Use of name "Sleuth" when misleading the +public actionable, 262</td></tr> + +<tr><td class="leftsm">1888</td> +<td class="leftsm">Schumacher <i>v.</i> Wogram</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Wallace,</td> +<td class="rightsm">35 F. R. 210</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright probably voided by too early date +in notice, 130; picture intended for cigar label not copyrightable, but +trade-mark, 237</td></tr> + +<tr><td class="leftsm">1888</td> +<td class="leftsm">Warne <i>v.</i> Seebohm</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Stirling,</td> +<td class="rightsm">39 Ch. D. 73</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Dramatization quoting beyond fair use +infringement of novel, 173</td></tr> + +<tr><td class="leftsm">1889</td> +<td class="leftsm" colspan="3">Revenue act</td> +<td class="rightsm">52 & 53 Vict. c. 42</td></tr> + +<tr><td class="leftsm"><a name="Page_661" id="Page_661"></a><span +class="pagenum">[Pg 661]</span> 1889</td> +<td class="leftsm">Beere <i>v.</i> Ellis</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">B. Pollock,</td> +<td class="rightsm">5 T. L. R. 330</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Rival dramatization enjoined, because added +features were infringed, 173</td></tr> + +<tr><td class="leftsm">1889</td> +<td class="leftsm">Cate <i>v.</i> Devon</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. North,</td> +<td class="rightsm">40 Ch. D. 500</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Indirect copying from newspaper reprint held +infringement, 254</td></tr> + +<tr><td class="leftsm">1889</td> +<td class="leftsm">Everson <i>v.</i> Young</td> +<td class="leftsm">D. C. Sup. Ct.</td> +<td class="leftsm">J. Cole,</td> +<td class="rightsm">26 W. L. R. 546</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Blank book not copyrightable, 72; librarian +of Congress not discretionary officer, 72, 96</td></tr> + +<tr><td class="leftsm">1889</td> +<td class="leftsm">Gilmore <i>v.</i> Anderson</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Wheeler,</td> +<td class="rightsm">38 F. R. 846</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Common use of non-copyright material or work +on same subject not infringement, 255</td></tr> + +<tr><td class="leftsm">1890</td> +<td class="leftsm">Munro <i>v.</i> Beadle</td> +<td class="leftsm">N. Y. App. Div.</td> +<td class="leftsm">J. Macomber,</td> +<td class="rightsm">55 Hun 312</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Sleuth" properly subject of trade-mark, +262</td></tr> + +<tr><td class="leftsm">1890</td> +<td class="leftsm">Munro <i>v.</i> Smith</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Shipman,</td> +<td class="rightsm">42 F. R. 266</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Illustration picturing "Old Sleuth" not +infringement, 262</td></tr> + +<tr><td class="leftsm">1890</td> +<td class="leftsm">Schlesinger <i>v.</i> Bedford</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Kekewich,</td> +<td class="rightsm">63 L. T. (<span class="smcap">n. s.</span>) 762</td> +</tr> + +<tr><td></td> +<td class="lefti" colspan="4">Independent and "essentially different" +dramatization permitted despite author's own dramatization, 173</td></tr> + +<tr><td class="leftsm">1890</td> +<td class="leftsm">Schlesinger <i>v.</i> Turner</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Kekewich,</td> +<td class="rightsm">63 L. T. (<span class="smcap">n. s.</span>) 764</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Plays substantially similar an infringement, +173</td></tr> + +<tr><td class="leftsm">1891</td> +<td class="leftsm" colspan="3">U. S. amendatory (inter. copr.) +act</td></tr> + +<tr><td class="leftsm">1891</td> +<td class="leftsm">Munro <i>v.</i> Tousey</td> +<td class="leftsm">N. Y. Ct. App.</td> +<td class="leftsm">J. Gray,</td> +<td class="rightsm">129 N. Y. 38</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Name "Sleuth" not protectable, 262</td></tr> + +<tr><td class="leftsm">1891</td> +<td class="leftsm">Black <i>v.</i> Ehrich</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Wallace,</td> +<td class="rightsm">44 F. R. 793</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Title "Encyclopædia Britannica" not +protected when public is not misled, 261</td></tr> + +<tr><td class="leftsm">1891</td> +<td class="leftsm">Dodd <i>v.</i> Smith</td> +<td class="leftsm">Penn. Sup. Ct.</td> +<td class="leftsm"><i>Per curiam</i>,</td> +<td class="rightsm">144 Pa. St. 340</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Underselling by rebinds of paper-covered +edition not enjoinable, 263</td></tr> + +<tr><td class="leftsm">1891</td> +<td class="leftsm">Falk <i>v.</i> Brett Lith. Co.</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Wheeler,</td> +<td class="rightsm">48 F. R. 678</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Posing for photograph justifies copyright by +photographer.—Reversed lithograph infringement, 241</td></tr> + +<tr><td class="leftsm">1891</td> +<td class="leftsm">Falk <i>v.</i> Gast</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Coxe,</td> +<td class="rightsm">48 F. R. 262</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright not forfeited by omission of +notice on remounting of photographs by another than proprietor, 236; +posing for photograph justifies copyright by photographer, 241</td></tr> + +<tr><td class="leftsm">1891</td> +<td class="leftsm">Fishburn <i>v.</i> Hollingshead</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Stirling,</td> +<td class="rightsm">[1891] 2 Ch. 371</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Registration and deposit requisite except +under International copyright act, 313</td></tr> + +<tr><td class="leftsm">1892</td> +<td class="leftsm">Duck <i>v.</i> Mayen</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">J. Day,</td> +<td class="rightsm">8 T. L. R. 339</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Limitation of specific license for drama +enforced, 190</td></tr> + +<tr><td class="leftsm"><a name="Page_662" id="Page_662"></a><span +class="pagenum">[Pg 662]</span>1892</td> +<td class="leftsm">Fishel <i>v.</i> Lueckel</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Townsend,</td> +<td class="rightsm">53 F. R. 499</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Appropriation of part of a work an +infringement, 244</td></tr> + +<tr><td class="leftsm">1892</td> +<td class="leftsm">Fuller <i>v.</i> Bemis</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Lacombe,</td> +<td class="rightsm">50 F. R. 926</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Skirt dance not a dramatic composition, +177</td></tr> + +<tr><td class="leftsm">1892</td> +<td class="leftsm">Lamb <i>v.</i> Evans</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">L. J. Lindley,</td> +<td class="rightsm">[1893], 1 Ch. 218</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright in sheet of advertisements upheld, +74</td></tr> + +<tr><td class="leftsm">1892</td> +<td class="leftsm">Lee <i>v.</i> Gibbings</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Kekewich,</td> +<td class="rightsm">8 T. L. R. 773</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Injury to author's repute question of libel +not of copyright, 274</td></tr> + +<tr><td class="leftsm">1892</td> +<td class="leftsm">Lucas <i>v.</i> Williams</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">L. Esher,</td> +<td class="rightsm">L. R. [1892] 2 Q. B. 113</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Photograph of engraving infringes original +painting, 243, 274</td></tr> + +<tr><td class="leftsm">1892</td> +<td class="leftsm">Walter <i>v.</i> Steinkopff</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. North,</td> +<td class="rightsm">[1892] 3 Ch. 489</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright in form of news protectable, 89, +259. Copying two-fifths of newspaper article, "unfair use," 259</td></tr> + +<tr><td class="leftsm">1892</td> +<td class="leftsm">Daly <i>v.</i> Webster</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Lacombe,</td> +<td class="rightsm">56 F. R. 483</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Infringement by single situation from +dramatic work, 191; change of sub-title after copyrighting immaterial, +192</td></tr> + +<tr><td class="leftsm">1893</td> +<td class="leftsm" colspan="3">U. S. enabling act (deposit)</td> +</tr> + +<tr><td class="leftsm">1893</td> +<td class="leftsm">Black <i>v.</i> Allen</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Townsend,</td> +<td class="rightsm">56 F. R. 764</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Inclusion of copyright material in +non-copyright work does not vitiate copyright, 261; copyright may be +transferred to foreign owner, 261; variation from registered title on use +in cyclopædia immaterial, 261</td></tr> + +<tr><td class="leftsm">1893</td> +<td class="leftsm">Falk <i>v.</i> Donaldson</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Townsend,</td> +<td class="rightsm">57 F. R. 32</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Differences in lithographic reproduction of +photograph not a defense, 244</td></tr> + +<tr><td class="leftsm">1893</td> +<td class="leftsm">Falk <i>v.</i> Gast</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Shipman,</td> +<td class="rightsm">54 F. R. 890</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Miniature samples not a publication of +picture. Affirming Falk <i>v.</i> Gast, 235</td></tr> + +<tr><td class="leftsm">1893</td> +<td class="leftsm">Falk <i>v.</i> Heffron</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Wheeler,</td> +<td class="rightsm">56 F. R. 299</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Sheets" defined—copyright law must be +strictly construed as to forfeiture and penalties, 271</td></tr> + +<tr><td class="leftsm">1893</td> +<td class="leftsm">French <i>v.</i> Day et al.</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">J. Kennedy,</td> +<td class="rightsm">9 T. L. R. 548</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Proprietor, not manager, of theatre +responsible defendant, 193</td></tr> + +<tr><td class="leftsm">1893</td> +<td class="leftsm">Hanfstaengl <i>v.</i> Holloway</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">J. Charles,</td> +<td class="rightsm">[1893] 2 Q. B. 1</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Registration and deposit not requisite, +313</td></tr> + +<tr><td class="leftsm">1893</td> +<td class="leftsm">Macdonald <i>v.</i> National Review</td> +<td class="leftsm" colspan="2">West. Co. Ct.</td> +<td class="rightsm">Copinger 782</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Printers' proof sent by publisher to author +implies acceptance of ms., 442</td></tr> + +<tr><td class="leftsm">1893</td> +<td class="leftsm">Reichardt <i>v.</i> Sapte</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">J. Hawkins,</td> +<td class="rightsm">[1893] 2 Q. B. 308</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Similar play previously written but later +performed cannot be enjoined, 187</td></tr> + +<tr><td class="leftsm"><a name="Page_663" id="Page_663"></a><span +class="pagenum">[Pg 663]</span>1894</td> +<td class="leftsm">Drummond <i>v.</i> Altemus</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Dallas,</td> +<td class="rightsm">60 F. R. 338</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Author may restrain under common law +imperfect reports of lectures, 264</td></tr> + +<tr><td class="leftsm">1894</td> +<td class="leftsm">Ellis <i>v.</i> Ogden</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">J. Collins,</td> +<td class="rightsm">11 T. L. R. 50</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Right in photographs not paid for belongs to +photographer, 239</td></tr> + +<tr><td class="leftsm">1894</td> +<td class="leftsm">French <i>v.</i> Kreling</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Hawley,</td> +<td class="rightsm">63 F. R. 621</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Printing of libretto for sole use of singers +not publication, 181</td></tr> + +<tr><td class="leftsm">1894</td> +<td class="leftsm">Gilbert <i>v.</i> Star</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Chitty,</td> +<td class="rightsm">11 T. L. R. 4</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Newspaper report of play under rehearsal +forbidden under common law, 186</td></tr> + +<tr><td class="leftsm">1894</td> +<td class="leftsm">Hanfstaengl <i>v.</i> American Tobacco Co.</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">L. Esher,</td> +<td class="rightsm">[1895] 1 Q. B. 347</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Registration and deposit in England not +necessary for foreign work, 313</td></tr> + +<tr><td class="leftsm">1894</td> +<td class="leftsm">Hanfstaengl <i>v.</i> Baines</td> +<td class="leftsm" colspan="2">House of Lords</td> +<td class="rightsm">[1895] A. C. 20</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4"><i>Tableaux</i> not infringement of +pictures—"Design" does not cover <i>tableaux</i>, 242</td></tr> + +<tr><td class="leftsm">1894</td> +<td class="leftsm">Henderson <i>v.</i> Tompkins</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Putnam,</td> +<td class="rightsm">60 F. R. 758</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Literary merit not requisite, 177</td></tr> + +<tr><td class="leftsm">1894</td> +<td class="leftsm">Press Pub. Co. <i>v.</i> Falk</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Wheeler,</td> +<td class="rightsm">59 F. R. 324</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Proprietorship of gratuitous photograph of +actress remains with photographer, 238</td></tr> + +<tr><td class="leftsm">1894</td> +<td class="leftsm">Social Register Assoc. <i>v.</i> Howard</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Green,</td> +<td class="rightsm">60 F. R. 270</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Similar title enjoined as unfair +competition, 262</td></tr> + +<tr><td class="leftsm">1894</td> +<td class="leftsm">Springer <i>v.</i> Falk</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Lacombe,</td> +<td class="rightsm">59 F. R. 707</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Composite photograph from two copyrighted +portraits held an infringement, 244</td></tr> + +<tr><td class="leftsm">1894</td> +<td class="leftsm">Werckmeister <i>v.</i> Springer</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Townsend,</td> +<td class="rightsm">63 F. R. 808</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright does not pass with sale of +painting, 234; illustration of picture in exhibition catalogue not +publication, 234</td></tr> + +<tr><td class="leftsm">1894</td> +<td class="leftsm">Littleton <i>v.</i> Ditson</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Colt,</td> +<td class="rightsm">62 F. R. 597</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Music sheets excepted from manufacturing +provisions, 167</td></tr> + +<tr><td class="leftsm">1894</td> +<td class="leftsm">West Pub. Co. <i>v.</i> Lawyers' Pub. Co.</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Coxe,</td> +<td class="rightsm">64 F. R. 360</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Only proved "instances of piracy" in law +digest enjoined, 258</td></tr> + +<tr><td class="leftsm">1895</td> +<td class="leftsm" colspan="3">U. S. act. Government documents not +copyrightable</td></tr> + +<tr><td class="leftsm">1895</td> +<td class="leftsm" colspan="3">U. S. act. Penalties for infringement +of photographs, etc.</td></tr> + +<tr><td class="leftsm" colspan="3">1895-1905 State dramatic laws</td></tr> + +<tr><td class="leftsm">1895</td> +<td class="leftsm">Ditson <i>v.</i> Littleton</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm"><i>Per curiam</i>,</td> +<td class="rightsm">67 F. R. 905</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Affirming Littleton <i>v.</i> Ditson</td></tr> + +<tr><td class="leftsm"><a name="Page_664" id="Page_664"></a><span +class="pagenum">[Pg 664]</span>1895</td> +<td class="leftsm">Bolton <i>v.</i> Aldin</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">J. Grantham,</td> +<td class="rightsm">65 L. J. Q. B. 120</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Drawing remade from photograph infringement, +241</td></tr> + +<tr><td class="leftsm">1895</td> +<td class="leftsm">Chicago Dollar Directory Co. <i>v.</i> Chicago Dir. Co.</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Baker,</td> +<td class="rightsm">65 F. R. 463</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Quantity of common errors evidence of +infringement in compilation, 257</td></tr> + +<tr><td class="leftsm">1895</td> +<td class="leftsm">Ellis <i>v.</i> Marshall</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">J. Charles,</td> +<td class="rightsm">11 T. L. R. 522</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Right in photograph paid for vests in +sitter, 239</td></tr> + +<tr><td class="leftsm">1895</td> +<td class="leftsm">Exchange Tel. Co. <i>v.</i> Gregory</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">L. Esher, M. R.,</td> +<td class="rightsm">[1896] 1 Q. B. 147</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Information furnished to subscribers +protected, 89</td></tr> + +<tr><td class="leftsm">1895</td> +<td class="leftsm">Fuller <i>v.</i> Blackpool Winter Gardens Co.</td> +<td class="leftsm">Ct. of App.</td> +<td class="leftsm">L. Esher, M. R.,</td> +<td class="rightsm">[1895] 2 Q. B. 429</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Song in costume but without dramatic action, +not dramatic piece, 176</td></tr> + +<tr><td class="leftsm">1895</td> +<td class="leftsm">Harper <i>v.</i> Ganthony</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Lacombe,</td> +<td class="rightsm">Hamlin Copr. C. & D. 138</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Trilby"—monologues in costume +following plot, a dramatic infringement, 82, 171</td></tr> + +<tr><td class="leftsm">1895</td> +<td class="leftsm">Harper <i>v.</i> Ranous</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Lacombe,</td> +<td class="rightsm">67 F. R. 904</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Right of dramatization of "Trilby" included +in copyright of novel, 170</td></tr> + +<tr><td class="leftsm">1895</td> +<td class="leftsm">Keeler <i>v.</i> Standard Folding Bed Co.</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Shiras,</td> +<td class="rightsm">157 U. S. 659</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Sale of patented article absolute and +complete unless restricted by contract, 54</td></tr> + +<tr><td class="leftsm">1895</td> +<td class="leftsm">Snow <i>v.</i> Mast</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Sage,</td> +<td class="rightsm">65 F. R. 995</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Abbreviation of date ('94 for 1894) in +copyright notice permitted, 130</td></tr> + +<tr><td class="leftsm">1895</td> +<td class="leftsm">Wheeler <i>v.</i> Cobbey</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Shiras,</td> +<td class="rightsm">70 F. R. 487</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Damages dependent on forfeiture, within +statutory 2 years, 272</td></tr> + +<tr><td class="leftsm">1896</td> +<td class="leftsm">Webster <i>v.</i> Daly</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Fuller,</td> +<td class="rightsm">163 U. S. 155</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Affirming Daly <i>v.</i> Webster</td></tr> + +<tr><td class="leftsm">1896</td> +<td class="leftsm">Gabriel <i>v.</i> McCabe</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Grosscup,</td> +<td class="rightsm">74 F. R. 743</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">License of song for a collection permits use +in combination or abridgment of such collection, 82, 256.</td></tr> + +<tr><td class="leftsm">1896</td> +<td class="leftsm">Griffith <i>v.</i> Tower</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Stirling,</td> +<td class="rightsm">L. R. [1897] 1 Ch. 21</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Publishing agreement not transferable as +bankruptcy asset, 451</td></tr> + +<tr><td class="leftsm">1896</td> +<td class="leftsm">Guggenheim <i>v.</i> Leng</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">J. Cave,</td> +<td class="rightsm">12 T. L. R. 491</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Printing illustration as separate supplement +infringement, as outside licensed use, 236</td></tr> + +<tr><td class="leftsm">1896</td> +<td class="leftsm">Ladd <i>v.</i> Oxnard</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Putnam,</td> +<td class="rightsm">75 F. R. 703</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Leasing a book to subscribers is +publication, 53</td></tr> + +<tr><td class="leftsm">1896</td> +<td class="leftsm">Mead <i>v.</i> West Pub. Co.</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Lochren,</td> +<td class="rightsm">80 F. R. 380</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Use from copyright book of non-copyright +material not infringement, 257</td></tr> + +<tr><td class="leftsm"><a name="Page_665" id="Page_665"></a><span +class="pagenum">[Pg 665]</span>1896</td> +<td class="leftsm">Mott <i>v.</i> Clow</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Grosscup,</td> +<td class="rightsm">72 F. R. 168</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Illustrations in trade catalogue being "mere +advertisements" not copyrightable, 237</td></tr> + +<tr><td class="leftsm">1896</td> +<td class="leftsm">Pierce & Bushnell Co. <i>v.</i> Werckmeister</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Colt,</td> +<td class="rightsm">72 F. R. 54</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Exhibition without copyright notice +considered publication, 233</td></tr> + +<tr><td class="leftsm">1896</td> +<td class="leftsm">Pitt Pitts <i>v.</i> George</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">J. Lindley,</td> +<td class="rightsm">[1896] 2 Ch. 866</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Importation of foreign edition prohibited +under British copyright, 292; "proprietor" means owner of British +copyright, 292, (296)</td></tr> + +<tr><td class="leftsm">1896</td> +<td class="leftsm">Press Pub. Co. <i>v.</i> Monroe</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Lacombe,</td> +<td class="rightsm">73 F. R. 196</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Publication without author's consent does +not divest him of any rights, 45; broad interpretation of author's rights, +48</td></tr> + +<tr><td class="leftsm">1896</td> +<td class="leftsm">Tree <i>v.</i> Bowkett,</td> +<td class="leftsm">Chancer</td> +<td class="leftsm">J. Kekewich,</td> +<td class="rightsm">74 L. T. (<span class="smcap">n. s.</span>) 77</td> +</tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Trilby"—rival dramatization, copying +added scenes enjoined, 174</td></tr> + +<tr><td class="leftsm">1897</td> +<td class="leftsm" colspan="3">U. S. act. Appointment of Register of +Copyrights</td></tr> + +<tr><td class="leftsm">1897</td> +<td class="leftsm" colspan="3">U. S. act. Penalty for false claim of +copyright</td></tr> + +<tr><td class="leftsm">1897</td> +<td class="leftsm" colspan="3">U. S. act. Unauthorized +representation</td></tr> + +<tr><td class="leftsm">1897</td> +<td class="leftsm">Hoyt <i>v.</i> Bates</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Putnam,</td> +<td class="rightsm">81 F. R. 641</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Ownership of copyright property is question +for state courts, 268</td></tr> + +<tr><td class="leftsm">1897</td> +<td class="leftsm">Morrison <i>v.</i> Pettibone</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Seaman,</td> +<td class="rightsm">87 F. R. 330</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Uncompleted reproductions not exact copies +and not forfeitable, 272</td></tr> + +<tr><td class="leftsm">1897</td> +<td class="leftsm">Osgood <i>v.</i> Aloe</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Adams,</td> +<td class="rightsm">83 F. R. 470</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Omission of name vitiates copyright notice +though given in imprint, 128</td></tr> + +<tr><td class="leftsm">1897</td> +<td class="leftsm">West Pub. Co. <i>v.</i> Lawyers' Pub. Co.</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Lacombe,</td> +<td class="rightsm">79 F. R. 756</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Whole law digest enjoined, although only +parts were infringements, 258</td></tr> + +<tr><td class="leftsm">1898</td> +<td class="leftsm">Bolton <i>v.</i> London Exhibitions</td> +<td class="leftsm">Queen's Bench</td> +<td class="leftsm">J. Mathew,</td> +<td class="rightsm">14 T. L. R. 550</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Employer, giving to engraver only "general +idea," not party liable for infringement, 240; lithograph outline from +copyright picture, though with other details, held infringement, 244; +parties ordering poster held not punishable for infringement by +lithographer without their knowledge, 253</td></tr> + +<tr><td class="leftsm">1898</td> +<td class="leftsm">Broder <i>v.</i> Zeno Mauvais</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Morrow,</td> +<td class="rightsm">88 F. R. 74</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Indecent song not copyrightable—melody +protected, 86</td></tr> + +<tr><td class="leftsm">1898</td> +<td class="leftsm">Jewellers' Merc. Agency <i>v.</i> Jeweller's Wkly Pub. +Co.</td> +<td class="leftsm">N. Y. Ct. App.</td> +<td class="leftsm">C. J. Parker,</td> +<td class="rightsm">155 N. Y. 241</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Leasing a book to subscribers is +publication, 53</td></tr> + +<tr><td class="leftsm"><a name="Page_666" id="Page_666"></a><span +class="pagenum">[Pg 666]</span>1898</td> +<td class="leftsm">Miles <i>v.</i> Amer. News Co.</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Lacombe,</td> +<td class="rightsm">Hamlin Copr. C. & D. 29</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Specific license for limited use of +illustrations enforced, 236</td></tr> + +<tr><td class="leftsm">1898</td> +<td class="leftsm">Mallory <i>v.</i> Mackaye</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Wheeler,</td> +<td class="rightsm">86 F. R. 122</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Employer entitled to copyright in dramatic +works written under salary, 188</td></tr> + +<tr><td class="leftsm">1899</td> +<td class="leftsm">Mackaye <i>v.</i> Mallory</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Wallace,</td> +<td class="rightsm">92 F. R. 749</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Modifying" Mallory <i>v.</i> Mackaye, but +upholding right of employer</td></tr> + +<tr><td class="leftsm">1899</td> +<td class="leftsm">Bennett <i>v.</i> Carr</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Thomas,</td> +<td class="rightsm">96 F. R. 213</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright invalidated (under old law) by +failure to deposit written description of picture, 236</td></tr> + +<tr><td class="leftsm">1899</td> +<td class="leftsm">Boosey <i>v.</i> Whight</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">J. Lindley,</td> +<td class="rightsm">[1900] 1 Ch. 122</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Perforated music roll not "copy" of sheet +music, 208; marginal directions neither music nor literary composition, +208</td></tr> + +<tr><td class="leftsm">1899</td> +<td class="leftsm">Brady <i>v.</i> Daly</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Peckham,</td> +<td class="rightsm">175 U. S. 148</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Single situation protected as integral part +of drama, 191; damages, not penalty, under copyright statute, +272</td></tr> + +<tr><td class="leftsm">1899</td> +<td class="leftsm">Daly <i>v.</i> Walrath</td> +<td class="leftsm">N. Y. App. Div.</td> +<td class="leftsm">J. Bartlett,</td> +<td class="rightsm">40 App. Div. 220</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Prior printing abroad forfeits American +dramatic rights, 181</td></tr> + +<tr><td class="leftsm">1899</td> +<td class="leftsm">Green <i>v.</i> Irish Independent</td> +<td class="leftsm">Irish Ct. of App.</td> +<td class="leftsm">L. J. Fitz-Gibbon,</td> +<td class="rightsm">[1899] 1 Ir. Rep. 386</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Newspaper liable for infringement, though +without knowledge, copyr. illustration printed as advertisement, 236, +253</td></tr> + +<tr><td class="leftsm">1899</td> +<td class="leftsm">Holmes <i>v.</i> Hurst</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Brown,</td> +<td class="rightsm">174 U. S. 82</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright protects intellectual production +of author, not merely the particular form. "Book" not confined to bound +volume, 67</td></tr> + +<tr><td class="leftsm">1899</td> +<td class="leftsm">McDonald <i>v.</i> Hearst</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. De Haven,</td> +<td class="rightsm">95 F. R. 656</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Employer cannot be held to penal +responsibility for act of agent, 271</td></tr> + +<tr><td class="leftsm">1899</td> +<td class="leftsm">Maxwell <i>v.</i> Goodwin</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Seaman,</td> +<td class="rightsm">93 F. R. 665</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Playright in unpublished work, inherent +under common law, 187</td></tr> + +<tr><td class="leftsm">1899</td> +<td class="leftsm">Murphy <i>v.</i> Christian Press Assoc.</td> +<td class="leftsm">N. Y. App. Div.</td> +<td class="leftsm">J. Cullen,</td> +<td class="rightsm">38 N. Y. App. Div. 426</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Decision against restraint of trade not +applicable to copyright monopolies, 50</td></tr> + +<tr><td class="leftsm">1900</td> +<td class="leftsm" colspan="3">U. S. act. Hawaii and Porto Rico +protection</td></tr> + +<tr><td class="leftsm">1900</td> +<td class="leftsm">Bennett <i>v.</i> Boston Traveler Co.</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Colt,</td> +<td class="rightsm">101 F. R. 445</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Suit must be brought under general copyright +of newspaper, when portion is not specifically copyrighted, 272</td></tr> + +<tr><td class="leftsm">1900</td> +<td class="leftsm">Dielman <i>v.</i> White</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Lowell,</td> +<td class="rightsm">102 F. R. 892</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Contract with U. S. Govt. failed to +reserve copyright on designs, 234</td></tr> + +<tr><td class="leftsm"><a name="Page_667" id="Page_667"></a><span +class="pagenum">[Pg 667]</span> 1900</td> +<td class="leftsm">Maloney <i>v.</i> Foote</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Pardee,</td> +<td class="rightsm">101 F. R. 264</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">No infringement by acts before copyrighting, +274</td></tr> + +<tr><td class="leftsm">1900</td> +<td class="leftsm">Monarch Bk. Co. <i>v.</i> Neil</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Grosscup,</td> +<td class="rightsm">Hamlin Copr. C. & D. 30</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copies of copyrighted modifications of +non-copyright pictures enjoined, 244</td></tr> + +<tr><td class="leftsm">1900</td> +<td class="leftsm">Snow <i>v.</i> Laird</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Woods,</td> +<td class="rightsm">98 F. R. 813</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Slight alteration on non-copyrighted +photograph does not justify copyright, 245</td></tr> + +<tr><td class="leftsm">1900</td> +<td class="leftsm">Walter <i>v.</i> Lane</td> +<td class="leftsm" colspan="2">House of Lords</td> +<td class="rightsm">[1900] A. C. 539</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Reports of Rosebery's speeches—no +literary merit or labor need be shown to secure copyright, 68</td></tr> + +<tr><td class="leftsm">1900</td> +<td class="leftsm">Falk <i>v.</i> Curtis Pub. Co.</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Dallas,</td> +<td class="rightsm">100 F. R. 77</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Person" includes partnerships and +corporations, 273</td></tr> + +<tr><td class="leftsm">1901</td> +<td class="leftsm">Falk <i>v.</i> Curtis Pub. Co.</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Buffington,</td> +<td class="rightsm">107 F. R. 126</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Suit for penalties cannot precede +forfeiture, 273.—Affirming Falk <i>v.</i> Curtis Pub. Co.</td></tr> + +<tr><td class="leftsm">1901</td> +<td class="leftsm">Child <i>v.</i> N. Y. Times Co.</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Hazel,</td> +<td class="rightsm">110 F. R. 527</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">No penalty where copies are not literally +"found in possession," 272</td></tr> + +<tr><td class="leftsm">1901</td> +<td class="leftsm">Doan, <i>et al.</i> <i>v.</i> Amer. Bk. Co.</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Jenkins,</td> +<td class="rightsm">105 F. R. 772</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Rebound second-hand copies no infringement, +but must be distinctly marked, 263</td></tr> + +<tr><td class="leftsm">1901</td> +<td class="leftsm">Marshall <i>v.</i> Bull</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">L. J. Collins,</td> +<td class="rightsm">85 L. T. 77</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4"> Illustrations protected as part of book, +238; sale of electrotypes does not transfer copyright, 238</td></tr> + +<tr><td class="leftsm">1901</td> +<td class="leftsm">Neufeld <i>v.</i> Chapman</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">J. Walton,</td> +<td class="rightsm"><i>Times</i> O. 31, '01</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"All copies sold" includes periodical +publication, 448</td></tr> + +<tr><td class="leftsm">1901</td> +<td class="leftsm">Nicholls <i>v.</i> Parker</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">J. Wright,</td> +<td class="rightsm">17 T. L. R. 482</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Specific license for use of illustration in +specified periodical upheld, despite "custom of the trade," 236</td></tr> + +<tr><td class="leftsm">1901</td> +<td class="leftsm">Stern <i>v.</i> Rosey</td> +<td class="leftsm">D. C. C. App.</td> +<td class="leftsm">J. Shepard,</td> +<td class="rightsm">17 App. Dist. Col. 562</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Mechanical reproduction of copyrighted songs +not preventable, 205</td></tr> + +<tr><td class="leftsm">1901</td> +<td class="leftsm">Trengrouse <i>v.</i> "Sol" Syndicate</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">C. J. Alverstone,</td> +<td class="rightsm"><i>Times</i> S. 26, '01</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Whole work infringement though less than a +page pirated, 254</td></tr> + +<tr><td class="leftsm">1901</td> +<td class="leftsm">Western Union <i>v.</i> Call Pub. Co.</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Brewer,</td> +<td class="rightsm">181 U. S. 92</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">When common law in states is in conflict, +U. S. courts will enforce that of England, 44</td></tr> + +<tr><td class="leftsm"><a name="Page_668" id="Page_668"></a><span +class="pagenum">[Pg 668]</span>1901</td> +<td class="leftsm">Hegeman <i>v.</i> Springer</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Wheeler,</td> +<td class="rightsm">110 F. R. 374</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Seizure without prior demand authorized, +274</td></tr> + +<tr><td class="leftsm">1902</td> +<td class="leftsm" colspan="3">Musical (summary proceedings) copyright +act</td> +<td class="rightsm">2 Edw. VII, c. 15</td></tr> + +<tr><td class="leftsm">1902</td> +<td class="leftsm">Amer. Press Assoc. <i>v.</i> Daily Story Pub. Co.</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Jenkins,</td> +<td class="rightsm">120 F. R. 766</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Innocent copying from reprint lacking +copyright notice an infringement, 253</td></tr> + +<tr><td class="leftsm">1902</td> +<td class="leftsm">Britain <i>v.</i> Hanks</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">J. Wright,</td> +<td class="rightsm">86 L. T. 765</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Toy soldiers, artistically modeled, +copyrightable as sculpture, 247</td></tr> + +<tr><td class="leftsm">1902</td> +<td class="leftsm">Fraser <i>v.</i> Yack</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Jenkins,</td> +<td class="rightsm">116 F. R. 285</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Little Minister"—Foreigner, prior to +1891, could transfer advance sheets only, not right to copyright, +110</td></tr> + +<tr><td class="leftsm">1902</td> +<td class="leftsm">Herne <i>v.</i> Liebler</td> +<td class="leftsm">N. Y. App. Div.</td> +<td class="leftsm">J. Ingraham,</td> +<td class="rightsm">73 App. Div. 194</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Sub-license under limited lease of +unpublished drama prevented under common law, 187</td></tr> + +<tr><td class="leftsm">1902</td> +<td class="leftsm">Mifflin <i>v.</i> Dutton</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Brown,</td> +<td class="rightsm">174 U. S. 82</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">In joint authorship duplicate copyrights +under different names not permissible, 102</td></tr> + +<tr><td class="leftsm">1902</td> +<td class="leftsm">National Tel. News Co. <i>v.</i> Western Union</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Grosscup,</td> +<td class="rightsm">119 F. R. 294</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">News on ticker tape not copyrightable but +unfair use enjoinable, 89</td></tr> + +<tr><td class="leftsm">1902</td> +<td class="leftsm">Patterson <i>v.</i> Ogilvie</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Lacombe,</td> +<td class="rightsm">119 F. R. 451</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Variance of sub-title immaterial, 192; +damages not barred by limitation as penalties, 273</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Graves <i>v.</i> Gorrie</td> +<td class="leftsm">Privy Council</td> +<td class="leftsm">Ld. Lindley,</td> +<td class="rightsm">89 L. T. 111</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Fine arts copyright act, 1862, does not +protect outside United Kingdom, 246</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Hegeman <i>v.</i> Springer</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm"><i>Per curiam</i>,</td> +<td class="rightsm">189 U. S. 505</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Affirming Hegeman <i>v.</i> +Springer</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Barnes <i>v.</i> Miner</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Ray,</td> +<td class="rightsm">122 F. R. 480</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Combination of songs, costume and +cinematograph not a dramatic composition, 175</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Bleistein <i>v.</i> Donaldson</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Holmes,</td> +<td class="rightsm">188 U. S. 239</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright can be entered in trading name +instead of legal name, 102; circus posters protected—"A picture is +none the less a subject of copyright that it is used for an +advertisement," 237</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Bloom <i>v.</i> Nixon</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. McPherson,</td> +<td class="rightsm">125 F. R. 977</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Parody, including quotation, not +infringement, 190</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Champney <i>v.</i> Haag</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. McPherson,</td> +<td class="rightsm">121 F. R. 944</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Photograph from a photograph construed as +infringement of photograph, and not of original painting, 243, +274</td></tr> + +<tr><td class="leftsm"><a name="Page_669" id="Page_669"></a><span +class="pagenum">[Pg 669]</span>1903</td> +<td class="leftsm">Cleland <i>v.</i> Thayer</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Caldwell,</td> +<td class="rightsm">121 F. R. 71</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Original photograph of uncopyrighted or +uncopyrightable subject protected, 241</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Dodge <i>v.</i> Allied Arts</td> +<td class="leftsm">N. Y. Sup. Ct.</td> +<td class="leftsm">J. McCall,</td> +<td class="rightsm">Hamlin Copr. C. & D. 115</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Artist can prevent alterations of paintings +done on commission, 245</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Edison <i>v.</i> Lubin</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Buffington,</td> +<td class="rightsm">122 F. R. 240</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Entire moving picture film one photograph +protected by single notice, 242</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Frohman <i>v.</i> Weber</td> +<td class="leftsm">N. Y. Sup. Ct.</td> +<td class="leftsm">J. Clarke,</td> +<td class="rightsm">Hamlin Copr. C. & D. 151</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Use of names of characters in plays not +infringement, 192</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Kipling <i>v.</i> Putnam</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Coxe,</td> +<td class="rightsm">120 F. R. 631</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Changed binding of copyright work +permissible, 263; elephant's head design not distinctive trade-mark, 263; +no similarity to constitute unfair competition, 263</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Lawrence & Bullen <i>v.</i> Aflalo</td> +<td class="leftsm" colspan="2">House of Lords</td> +<td class="rightsm">[1904] L. R. App. C. 17</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Proprietor of encyclopædia "stood in the +shoes" of writers as copyright proprietor, 99</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Lorimer <i>v.</i> Boston Herald</td> +<td class="leftsm">Mass. Sup. Ct.</td> +<td class="leftsm">J. Morton,</td> +<td class="rightsm"><i>Pub. Week.</i> 63:1386</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Burlesqued title in newspaper articles not +enjoinable, 264</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Moore <i>v.</i> Edwardes</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">L. C. J. Alverstone,</td> +<td class="rightsm"><i>Times</i> Mr. 3, '03</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Use of scenario from rejected ms. for +unauthorised work punished, 176</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Nethersole <i>v.</i> Bell</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Farwell,</td> +<td class="rightsm"><i>Times</i> Jl. 4, 31, '03</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Rival dramatisation as modified from other +version enjoined, 174</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Rinehart <i>v.</i> Smith</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. McPherson,</td> +<td class="rightsm">121 F. R. 148</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Replevin not the proper form of copyright +suit, 273</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Stone <i>v.</i> Long,</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">Master Chitty,</td> +<td class="rightsm">Copr. Cas. '01-'04, 66</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Publisher responsible for loss of ms. by +employee's negligence, 442</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Thompson Co. <i>v.</i> Amer. Law Book Co.</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Coxe,</td> +<td class="rightsm">122 F. R. 922</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Use of list of cases, made from copyright +digest, as guide to reports not infringement, 258; "equity will not +protect a pirate from infringements of his piratical work," 258</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Victor Talking Mach. Co. <i>v.</i> The Fair</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Baker,</td> +<td class="rightsm">123 F. R. 424</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Patent as a monopoly, 50</td></tr> + +<tr><td class="leftsm">1903</td> +<td class="leftsm">Wagner <i>v.</i> Conried</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Lacombe,</td> +<td class="rightsm">125 F. R. 798</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Previous printing abroad forfeits American +playright in music, 181</td></tr> + +<tr><td class="leftsm"><a name="Page_670" id="Page_670"></a><span +class="pagenum">[Pg 670]</span>1903</td> +<td class="leftsm">Wright <i>v.</i> Eisle</td> +<td class="leftsm">N. Y. App. Div.</td> +<td class="leftsm">J. Woodward,</td> +<td class="rightsm">86 App. Div. 356</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Filing of architectural plans in public +office constitutes publication, 242</td></tr> + +<tr><td class="leftsm">1904</td> +<td class="leftsm" colspan="3">U. S. act. Protection of works, +Louisiana Purchase Exposition</td></tr> + +<tr><td class="leftsm">1904</td> +<td class="leftsm">Bisel <i>v.</i> Welsh</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Holland,</td> +<td class="rightsm">131 F. R. 564</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Repetition of errors evidence of author's +infringement of his own earlier work, 257</td></tr> + +<tr><td class="leftsm">1904</td> +<td class="leftsm">Encyclopædia Brittanica Co. <i>v.</i> Tribune Assoc. +</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Lacombe,</td> +<td class="rightsm"><i>Pub. Week.</i> 55:1458</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Condensations of copyright articles from +cyclopædia enjoined, 261</td></tr> + +<tr><td class="leftsm">1904</td> +<td class="leftsm">Gannet <i>v.</i> Rupert</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Coxe,</td> +<td class="rightsm"><i>Pub. Week.</i> 55:69</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Comfort" as title of periodical protected +as common law trade-mark, 84; court should arrest pirate before he makes +off with plunder, 274</td></tr> + +<tr><td class="leftsm">1904</td> +<td class="leftsm">Straus <i>v.</i> Amer. Pub. Assoc.</td> +<td class="leftsm">N. Y. Ct. App.</td> +<td class="leftsm">C. J. Parker,</td> +<td class="rightsm">177 N. Y. 473</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Agreements to restrict prices legal on +copyright books; contrary to statute on non-copyright books, 57</td></tr> + +<tr><td class="leftsm">1905</td> +<td class="leftsm" colspan="3">U. S. act. <i>Ad interim</i> +protection</td></tr> + +<tr><td class="leftsm">1905</td> +<td class="leftsm" colspan="3">U. S. trade-mark act</td></tr> + +<tr><td class="leftsm">1905</td> +<td class="leftsm">Fraser <i>v.</i> Edwardes</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">J. Darling,</td> +<td class="rightsm"><i>Times</i> Mr. 23-30, '05</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Use of scenario from rejected ms. for +unauthorized work punished, 176</td></tr> + +<tr><td class="leftsm">1905</td> +<td class="leftsm">Harper <i>v.</i> Donohue</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Sanborn,</td> +<td class="rightsm">144 F. R. 491</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Analysis of author's rights, 47; omission of +notice on foreign-made edition does not vitiate Amer. copyright, +133</td></tr> + +<tr><td class="leftsm">1905</td> +<td class="leftsm">Hills <i>v.</i> Hoover</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Holland,</td> +<td class="rightsm">136 F. R. 701</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Additional words in copyright notice +harmless superfluity, 128</td></tr> + +<tr><td class="leftsm">1905</td> +<td class="leftsm">Lucas <i>v.</i> Moncrieff</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Warrington,</td> +<td class="rightsm">21 T. L. R. 683</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Publishing agreement released by bankruptcy +of publisher, 443</td></tr> + +<tr><td class="leftsm">1905</td> +<td class="leftsm">Sampson & Murdock Co. <i>v.</i> Seaver Radford</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Putnam,</td> +<td class="rightsm">140 F. R. 539</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Verification from rival directory beyond +fair use, 255</td></tr> + +<tr><td class="leftsm">1905</td> +<td class="leftsm">Slingsby <i>v.</i> Bradford Co.</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Warrington,</td> +<td class="rightsm">[1905] W. N. 122</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copying of fraudulent material not +punishable in equity, 258</td></tr> + +<tr><td class="leftsm">1906</td> +<td class="leftsm" colspan="3">Musical copyright act</td> +<td class="rightsm">6 Edw. VII; c. 36</td></tr> + +<tr><td class="leftsm">1906</td> +<td class="leftsm" colspan="3">U. S. trade-mark act</td></tr> + +<tr><td class="leftsm">1906</td> +<td class="leftsm">Burk <i>v.</i> Johnson</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Adams,</td> +<td class="rightsm">146 F. R. 209</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright cannot protect schemes or method +of doing business, 61</td></tr> + +<tr><td class="leftsm">1906</td> +<td class="leftsm">Davis <i>v.</i> Benjamin</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Eady,</td> +<td class="rightsm">L. R. [1906] 2 Ch. 491</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Sheet of advertising illustrations held a +book, 73</td></tr> + +<tr><td class="leftsm">1906</td> +<td class="leftsm">Donohue <i>v.</i> Harper</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm"><i>Per curiam</i>,</td> +<td class="rightsm">146 F. R. 1023</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Affirming decision in Harper <i>v.</i> +Donohue</td></tr> + +<tr><td class="leftsm"><a name="Page_671" id="Page_671"></a><span +class="pagenum">[Pg 671]</span>1906</td> +<td class="leftsm">Hartford Printing Co. <i>v.</i> Hartford Directory +Co.</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Platt,</td> +<td class="rightsm">146 F. R. 332;<br />148 F. R. 470</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Gross receipts less cost awarded as damages, +for wholesale copying, 275</td></tr> + +<tr><td class="leftsm">1906</td> +<td class="leftsm">Macmillan <i>v.</i> Dent</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">J. Vaughan,</td> +<td class="rightsm">[1907] 1 Ch. 107</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Charles Lamb letters—copyright +separate from material object, 92</td></tr> + +<tr><td class="leftsm">1906</td> +<td class="leftsm" colspan="2">Rex <i>v.</i> Willets</td> +<td class="leftsm">Com. Serj.,</td> +<td class="rightsm"><i>Times</i> Ja. 20, '06</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Criminal sentences in conspiracy of cheap +music pirates, 277</td></tr> + +<tr><td class="leftsm">1906</td> +<td class="leftsm">Ward, Lock & Co. <i>v.</i> Long</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Kekewich,</td> +<td class="rightsm">L. R. [1906] 2 Ch. 550</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Agreement to write a book assignable after +completion of book, 441</td></tr> + +<tr><td class="leftsm">1906</td> +<td class="leftsm">White-Smith <i>v.</i> Apollo</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm"><i>Per curiam,</i></td> +<td class="rightsm">147 F. R. 226</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Perforated roll not copy in fact of staff +notation, 204</td></tr> + +<tr><td class="leftsm">1906</td> +<td class="leftsm">Wooster <i>v.</i> Crane</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Van Devanter,</td> +<td class="rightsm">147 F. R. 515</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Author restrained from selling modification +of copyright work previously assigned, 442</td></tr> + +<tr><td class="leftsm">1907</td> +<td class="leftsm" colspan="3">Patents and designs act</td> +<td class="rightsm">7 Edw. VII. c. 29</td></tr> + +<tr><td class="leftsm">1907</td> +<td class="leftsm">American Tobacco Co. <i>v.</i> Werckmeister</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Day,</td> +<td class="rightsm">207 U. S. 284</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Exhibition with restriction as to copying, +not publication, 232, 235</td></tr> + +<tr><td class="leftsm">1907</td> +<td class="leftsm">Bracken <i>v.</i> Rosenthal</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Kohlsaat,</td> +<td class="rightsm">151 F. R. 136</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Photograph infringes copyright in statuary, +243</td></tr> + +<tr><td class="leftsm">1907</td> +<td class="leftsm">Dutton <i>v.</i> Cupples & Leon</td> +<td class="leftsm">N. Y. App. Div.</td> +<td class="leftsm">J. Scott,</td> +<td class="rightsm"><i>Pub. Week.</i> 71:630</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Imitation of style of series unfair +competition, 263</td></tr> + +<tr><td class="leftsm">1907</td> +<td class="leftsm">Jude's "Liedertafel" case</td> +<td class="leftsm">Ct. App. </td> +<td class="leftsm">C. J. Alverstone,</td> +<td class="rightsm">L. R. [1907] 1 Ch. 651</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Assignment expunged from record, 447</td> +</tr> + +<tr><td class="leftsm">1907</td> +<td class="leftsm">Philip <i>v.</i> Pennell</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Kekewich,</td> +<td class="rightsm">L. R. [1907] 2 Ch. 577</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Publication permitted of biographical +information from receivers of letters, 92</td></tr> + +<tr><td class="leftsm">1907</td> +<td class="leftsm">Merriam <i>v.</i> Ogilvie</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Colt,</td> +<td class="rightsm">149 F. R. 858</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Use of name "Webster" not restrainable +except where public is misled, 261</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Merriam <i>v.</i> Ogilvie</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Aldrich,</td> +<td class="rightsm">159 F. R. 638</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Affirming Merriam <i>v.</i> Ogilvie</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">White-Smith <i>v.</i> Apollo</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Day,</td> +<td class="rightsm">209 U. S. 1</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Records not copies or publications of +copyright music, 54, 204. Affirming White-Smith <i>v.</i> Apollo</td></tr> + +<tr><td class="leftsm"><a name="Page_672" id="Page_672"></a><span +class="pagenum">[Pg 672]</span>1908</td> +<td class="leftsm">Bamforth <i>v.</i> Douglas Post Card Co.</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. McPherson,</td> +<td class="rightsm">158 F. R. 355</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Unfair competition not restrainable if +copyrightable work is not copyrighted, 264</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Bobbs-Merrill Co. <i>v.</i> Straus</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Day,</td> +<td class="rightsm">210 U. S. 339</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Restriction of price not enforceable in +connection with copyright notice, 55, 57</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Clinical Obstetrics, <i>in re</i></td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Warrington,</td> +<td class="rightsm">Copr. Cas. '05-'10, 176</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">"Exclusive right of publication" a license, +not assignment, 447; assignment record expunged, 447.</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Globe Newspaper Co. <i>v.</i> Walker</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Day,</td> +<td class="rightsm">210 U. S. 356</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">No damages outside statutory protection +where no copies were found in possession, 27</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Jones <i>v.</i> Amer. Law Bk. Co.</td> +<td class="leftsm">N. Y. App. Div.</td> +<td class="leftsm">J. Houghton,</td> +<td class="rightsm">125 App. Div. 519</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Denying right of author to have name +appended to cyclopædic contribution, 100</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Karno <i>v.</i> Pathé Frères</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">J. Jelf,</td> +<td class="rightsm">99 L. T. 114</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Moving pictures not infringement, 177</td> +</tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Landa <i>v.</i> Greenberg</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Eve,</td> +<td class="rightsm">24 T. L. R. 441</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4"><i>Nom de plume</i> of settled use protected +outside copyright or trade-mark, 99</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Mansell <i>v.</i> Valley Printing Co.</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">Cozens-Hardy, M. R.,</td> +<td class="rightsm">L. R. [1908] 2 Ch. 441</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Common law concurrent with statutory +protection of unpublished works, 61</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Royal Sales Co. <i>v.</i> Gaynor</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Ward,</td> +<td class="rightsm">164 F. R. 207</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Monogram not copyrightable, 70</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Sarpy <i>v.</i> Holland</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">Cozens-Hardy, M. R.,</td> +<td class="rightsm">L. R. [1908] 2 Ch. 198</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright reservation in foreign language +sufficing, 313; no formalities requisite under international copyright, +313</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Scribner <i>v.</i> Straus</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Day,</td> +<td class="rightsm">210 U. S. 352</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Agreement to restrict prices not proven by +notice on bills, etc., 55</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Share Certificate Book, <i>in re</i></td> +<td class="leftsm">Div. Ct.</td> +<td class="leftsm">J. Bigham,</td> +<td class="rightsm">Copr. Cas. '05-'10, 173</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">False entry expunged from registry, +150</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Straus <i>v.</i> American Publishers' Association</td> +<td class="leftsm">N. Y. App. Div.</td> +<td class="leftsm">J. Gray,</td> +<td class="rightsm">127 App. D. 936</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Agreements to restrict price legal on +copyright books, 57; dissenting opinion, 57</td></tr> + +<tr><td class="leftsm"><a name="Page_673" id="Page_673"></a><span +class="pagenum">[Pg 673]</span>1908</td> +<td class="leftsm">Tate <i>v.</i> Fullbrook</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">L. J. Vaughan Williams,</td> +<td class="rightsm">L. R. [1908] 1 K. B. 821</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Writer of dialogue sole author of musical +sketch in England, 176</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">United Dictionary Co. <i>v.</i> Merriam</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Holmes,</td> +<td class="rightsm">208 U. S. 260</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Omission of notice on foreign-made edition +sold only for use there does not vitiate Amer. copyright, 134</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Dam <i>v.</i> Kirke La Shelle Co.</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Hazel,</td> +<td class="rightsm">166 F. R. 589</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Reassignment to author of copyright in +periodical contribution, 101; right of dramatization included in copyright +of story, 171; full profits awarded as damages, 171</td></tr> + +<tr><td class="leftsm">1908</td> +<td class="leftsm">Harper <i>v.</i> Kalem</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Lacombe,</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright notice in book protects +illustrations against moving picture reproduction, 77</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm" colspan="3">U. S. Copyright code</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Banks Law Pub. Co. <i>v.</i> Lawyers Co-operative Pub. +Co.</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm"><i>Per curiam</i>,</td> +<td class="rightsm">169 F. R. 386</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Affirming that arrangement of cases in +sequence, pagination, etc., are not protectable details, 259</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Bong <i>v.</i> Campbell Art Co.</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. McKenna,</td> +<td class="rightsm">214 U. S. 236</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Citizen of an unproclaimed country cannot +indirectly obtain American copyright, 110</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Bosselman <i>v.</i> Richardson</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Ward,</td> +<td class="rightsm">174 F. R. 622</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright claimant other than author must +prove his claims, 107</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Caliga <i>v.</i> Inter-Ocean Newsp. Co.</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Day,</td> +<td class="rightsm">215 U. S. 182</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Re-copyright on finishing picture invalid, +231</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Chicago Tribune <i>v.</i> Ill. Printing & Pub. +Co.</td> +<td class="leftsm">U. S. C. C. </td> +<td class="leftsm">J. Grosscup,</td> +<td class="rightsm"><i>Pub. Week.</i> 76: 643, 957</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Peary letters—copyright in newspaper +letter as book upheld, 103</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">N. Y. Times <i>v.</i> Press Pub. Co. <i>et al.</i></td> +<td class="leftsm">U. S. C. C. </td> +<td class="leftsm">J. Hand,</td> +<td class="rightsm"><i>Pub. Week.</i> 76: 643, 957</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Peary letters—agreement for newspaper +letters did not authorize copyright as book, 103</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Consolidated Gas Co.</td> +<td class="leftsm">U. S. Sup. Ct.</td> +<td class="leftsm">J. Peckham,</td> +<td class="rightsm">212 U. S. 19</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">State has sovereign power to limit +prices—in case of public franchise corporation, 207</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Freeman <i>v.</i> Trade Register</td> +<td class="leftsm">U. S. C. C. </td> +<td class="leftsm">J. Donworth,</td> +<td class="rightsm">173 F. R. 419</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Copyright notice on editorial page invalid, +131</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Frohman <i>v.</i> Ferris</td> +<td class="leftsm">Ill. Sup. Ct.</td> +<td class="leftsm">J. Farmer,</td> +<td class="rightsm">238 Ill. Rep. 430</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Performance of play not publication, 181</td> +</tr> + +<tr><td class="leftsm"><a name="Page_674" id="Page_674"></a><span +class="pagenum">[Pg 674]</span>1909</td> +<td class="leftsm">Glaser <i>v.</i> St. Elmo Co.</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Holt,</td> +<td class="rightsm">175 F. R. 276</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Title of novel, out of copyright, not +protectable in drama, 192</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Green <i>v.</i> Luby</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Noyes,</td> +<td class="rightsm">177 F. R. 287</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Error in classification does not invalidate +copyright, 136</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Harper <i>v.</i> Kalem</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Ward,</td> +<td class="rightsm">169 F. R. 61</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Moving pictures may infringe book copyright, +176, 242; both speech and action not necessary in dramatic performances, +176; illustrations as such do not infringe book copyright, 237</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Heinemann <i>v.</i> Smart Set Pub. Co.</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Parker,</td> +<td class="rightsm"><i>Times</i>, Jl. 15, '09</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Innocent publisher responsible for acts +beyond authority given to literary agent, 437</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Hervieu <i>v.</i> Ogilvie</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Martin,</td> +<td class="rightsm">169 F. R. 978</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Printed drama not subject to manufacturing +provisions as "book," 155, 168</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Hunter <i>v.</i> Clifford</td> +<td class="leftsm">West. Co. Ct.</td> +<td class="leftsm">J. Lush,</td> +<td class="rightsm"><i>Times</i> N. 12. '09</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Right to copyright lapsed on work of art +sold without registration, 247</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Karno <i>v.</i> Pathé Frères</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">L. J. Vaughan Williams,</td> +<td class="rightsm">100 L. T. 260</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Exhibitor, not manufacturer of film, +responsible party, 177</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Saake <i>v.</i> Lederer</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Buffington,</td> +<td class="rightsm">174 F. R. 135</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">License to perform does not imply authority +to copyright, 107</td></tr> + +<tr><td class="leftsm">1909</td> +<td class="leftsm">Scholz <i>v.</i> Amasis</td> +<td class="leftsm">Ct. App.</td> +<td class="leftsm">L. C. J. Farwell,</td> +<td class="rightsm"><i>Times</i> My. 19, '09</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Only substantial copying of written dialogue +infringes drama in England, 176</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">Dam <i>v.</i> Kirke La Shelle Co.</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Noyes,</td> +<td class="rightsm">175 F. R. 902</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Following decision in lower court</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">De Jonge <i>v.</i> Breuker & Kessler</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. McPherson,</td> +<td class="rightsm">182 F. R. 150</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Artistic designs for cover paper +copyrightable, 237; separable designs must have separate copyright +notices, 242; subject cannot be protected both under copyright and +trade-mark acts, 237</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">Eliot & Collier <i>v.</i> Jones, <i>et al.</i></td> +<td class="leftsm">N. Y. Sup. Ct.</td> +<td class="leftsm">J. Newburger,</td> +<td class="rightsm">120 N. Y. Supp. 989</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Use of "Dr. Eliot's five-foot shelf" +prohibited as involving deception, 85</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">Ellis <i>v.</i> Hurst</td> +<td class="leftsm">N. Y. Sup. Ct.</td> +<td class="leftsm">J. Greenbaum,</td> +<td class="rightsm">128 N. Y. Supp. 144</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Use of an author's real name on pseudonymous +non-copyright works not restrainable, 98</td></tr> + +<tr><td class="leftsm"><a name="Page_675" id="Page_675"></a><span +class="pagenum">[Pg 675]</span>1910</td> +<td class="leftsm">Gilbert <i>v.</i> Workman</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Neville,</td> +<td class="rightsm"><i>Times</i> Ja. 19, '10</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Interpolation of song without consent of +author of opera enjoined, 100</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">Hein <i>v.</i> Harris</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Hand,</td> +<td class="rightsm">175 F. R. 875</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Musical copyright infringed by +transposition, 170<br />Affirmed in same year by U. S. C. C. +App.</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">Larby <i>v.</i> Love</td> +<td class="leftsm">King's Bench</td> +<td class="leftsm">J. Bucknill,</td> +<td class="rightsm">Copr. Cas. '05-'10, 291</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Upholds prohibition against underselling in +bill of sale, 57</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">Monckton <i>v.</i> Gramophone Co.</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Joyce,</td> +<td class="rightsm"><i>Times</i> D. 6, '10</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Common law cannot protect after publication, +62</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">Park & Pollard <i>v.</i> Kellerstrass</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Philips,</td> +<td class="rightsm">181 F. R. 431</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Whole work enjoined where infringing parts +were inseparable, 258</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">Press Assoc. <i>v.</i> Reporting Agency</td> +<td class="leftsm">Chancery</td> +<td class="leftsm">J. Warrington,</td> +<td class="rightsm"><i>Times</i> D. 8, '10</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Election returns protected against "unfair +competition," 89</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">Record & Guide Co. <i>v.</i> Bromley</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. McPherson,</td> +<td class="rightsm">175 F. R. 156</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Omission of date vitiates copyright notice +though given on same page, 128; substitution of name in copyright notice +without authority of law voids copyright, 136</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">Rex <i>v.</i> Bokenham</td> +<td class="leftsm">Cent. Crim. Ct.</td> +<td class="leftsm">Com. Serj.,</td> +<td class="rightsm"><i>Times</i> Jl. 22, '10</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Piracy from surreptitiously obtained copies +of poems punished by imprisonment, 277</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">Stern <i>v.</i> Remick</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Hand,</td> +<td class="rightsm">175 F. R. 282</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Sale of single copy held to constitute +publication, 127; use of Roman for Arabic numerals in copyright notice +immaterial, 130</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">West Pub. Co. <i>v.</i> Thompson Co.</td> +<td class="leftsm">U. S. C. C. App.</td> +<td class="leftsm">J. Ward,</td> +<td class="rightsm">176 F. R. 833</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">One copyright notice suffices to cover +earlier copyrights of parts, 132; list made to run down cases permissible, +but extensive copying from digest an infringement, 259</td></tr> + +<tr><td class="leftsm">1910</td> +<td class="leftsm">White-Smith <i>v.</i> Goff</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Brown,</td> +<td class="rightsm">180 F. R. 256</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Renewal personal to author or heirs only, +except possibly in case of work assigned before publication, 116</td></tr> + +<tr><td class="leftsm">1911</td> +<td class="leftsm" colspan="3">Copyright act</td> +<td class="rightsm">1 & 2 Geo. V c. 46</td></tr> + +<tr><td class="leftsm">1911</td> +<td class="leftsm">Shepard <i>v.</i> Taylor</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Hazel,</td> +<td class="rightsm">185 F. R. 941</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Common errors <i>prima facie</i> proof of +infringement, 258</td></tr> + +<tr><td class="leftsm">1911</td> +<td class="leftsm">White <i>v.</i> Bender</td> +<td class="leftsm">U. S. C. C.</td> +<td class="leftsm">J. Ray,</td> +<td class="rightsm">185 F. R. 921</td></tr> + +<tr><td></td> +<td class="lefti" colspan="4">Citations may be utilized for verification, +but bodily transfer is infringement, 257</td></tr> + +</table> + +<p><a name="Page_676" id="Page_676"></a><span class="pagenum">[Pg +676]</span> <br /> + +<a name="Page_677" id="Page_677"></a><span class="pagenum">[Pg 677]</span> +<br /> + +<a name="index"></a><a name="Page_678" id="Page_678"></a><span +class="pagenum">[Pg 678]</span> Leading references are <b>in black +face</b> figures. References to statutes are designated by § (without +prefix referring to the American code, with preceding E referring to the +new British code, C to Canadian measure and Au. to Australian code), +International Copyright Union conventions by I, and Pan American +conventions by P; those to U. S. Copyright Office Rules and +Regulations are preceded by R. The page numeration also indicates +character of reference, pp. 1-41 covering historical portion; pp. 42-310, +specific subject chapters, chiefly American and British; pp. 311-372, +international copyright; pp. 373-429, copyright in other countries; pp. +430-462, business relations and literature. Law cases are followed by +date, serving as reference to chronological table.</p> + +<p class="p4"><a name="Page_679" id="Page_679"></a><span +class="pagenum">[Pg 679]</span></p> + +<h3>INDEX</h3> +<table style="width:75%;" border="1" summary="alpha jump table"> +<tr> +<td class="center"> <a href="#IX_A">A</a></td> +<td class="center"> <a href="#IX_B">B</a></td> +<td class="center"> <a href="#IX_C">C</a></td> +<td class="center"> <a href="#IX_D">D</a></td> +<td class="center"> <a href="#IX_E">E</a></td> +<td class="center"> <a href="#IX_F">F</a></td> +<td class="center"> <a href="#IX_G">G</a></td> +<td class="center"> <a href="#IX_H">H</a></td> +<td class="center"> <a href="#IX_I">I</a></td> +<td class="center"> <a href="#IX_J">J</a></td> +<td class="center"> <a href="#IX_K">K</a></td> +<td class="center"> <a href="#IX_L">L</a></td> +</tr> +<tr> +<td class="center"> <a href="#IX_M">M</a></td> +<td class="center"> <a href="#IX_N">N</a></td> +<td class="center"> <a href="#IX_O">O</a></td> +<td class="center"> <a href="#IX_P">P</a></td> +<td class="center"> <a href="#IX_Q">Q</a></td> +<td class="center"> <a href="#IX_R">R</a></td> +<td class="center"> <a href="#IX_S">S</a></td> +<td class="center"> <a href="#IX_T">T</a></td> +<td class="center"> <a href="#IX_U">U</a></td> +<td class="center"> <a href="#IX_V">V</a></td> +<td class="center"> <a href="#IX_W">W</a></td> +<td class="center"> <a href="#IX_Y">Y</a></td> +</tr> +</table> + +<ul class="IX"> + +<li><a name="IX_A"></a>Abandonment, <a href="#Page_121">121</a>.</li> + +<li>Abernethy <i>v.</i> Hutchinson (1825), <a href="#Page_90">90</a>.</li> + +<li>Abridgment, <a href="#Page_64">64</a>, <a +href="#Page_80"><b>80</b></a>, <a href="#Page_82">82</a>, <a +href="#Page_145">145</a>, <a href="#Page_199">199</a>, <a +href="#Page_255"><b>255</b></a>, <a href="#Page_392">392</a>; + +<ul class="IX"><li>§ 6, <a href="#Page_468">468</a>;</li> + +<li>R. § 18, <a href="#Page_500">500</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>; § 28, <a +href="#Page_587">587</a>; § 29, <a href="#Page_588">588</a>;</li> + +<li>I. <a href="#Page_614b">614</a>.</li></ul></li> + +<li>Account books, noncopr., <a href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Accounts. <i>See</i> Damages.</li> + +<li>Acrobatic tricks noncopr., <a href="#Page_163">163</a>; + +<ul class="IX"><li>R. § 8, <a href="#Page_497">497</a>.</li></ul></li> + +<li>Actions. <i>See</i> Suits.</li> + +<li>Acts of Parliament, Crown copr., <a href="#Page_123">123</a>.</li> + +<li>Ad interim copr. <i>See</i> Interim copr.</li> + +<li>Adamnan, <a href="#Page_9">9</a>.</li> + +<li>Adams, G. E., <a href="#Page_362">362</a>.</li> + +<li>Adaptation, <a href="#Page_12">12</a>, <a href="#Page_30">30</a>, <a +href="#Page_42">42</a>, <a href="#Page_45">45</a>, <a +href="#Page_64">64</a>, <a href="#Page_113">113</a>, <a +href="#Page_163">163</a>, <a href="#Page_170">170</a>, <a +href="#Page_197">197</a>, <a href="#Page_199">199</a>, <a +href="#Page_210">210</a>, <a href="#Page_243"><b>243</b></a>, <a +href="#Page_319">319</a>, <a href="#Page_326">326</a>, <a +href="#Page_328">328</a>, <a href="#Page_392">392</a>, <a +href="#Page_403">403</a>, <a href="#Page_405">405</a>; + +<ul class="IX"><li>§ 1 (b), <a href="#Page_465">465</a>; § 6, <a +href="#Page_468">468</a>;</li> + +<li>R. § 10, <a href="#Page_498">498</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>;</li> + +<li>I. <a href="#Page_604b">604</a>, <a href="#Page_614b">614</a>, <a +href="#Page_615b">615</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a +href="#Page_651">651</a>.</li></ul></li> + +<li>Additions, <a href="#Page_75"><b>75</b></a>, <a +href="#Page_77">77</a>, <a href="#Page_174">174</a>; + +<ul class="IX"><li>P. <a href="#Page_651">651</a>;</li> + +<li>by publisher, <a href="#Page_100">100</a>.</li> + +<li><i>See also</i> Editions, new.</li></ul></li> + +<li>Addresses. <i>See</i> Oral work.</li> + +<li>Administrator, <a href="#Page_95">95</a>, <a href="#Page_102">102</a>, +<a href="#Page_104"><b>104</b></a>; + +<ul class="IX"><li>§ 8, <a href="#Page_469">469</a>;</li> + +<li>R. § 2, <a href="#Page_495">495</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>.</li> + +<li><i>See also</i> Heir.</li></ul></li> + +<li>Advertisements, <a href="#Page_69">69</a>, <a href="#Page_71">71</a>, +<a href="#Page_73"><b>73</b></a>, <a href="#Page_236">236</a>, <a +href="#Page_237"><b>237</b></a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>;</li> + +<li>C. § 14, <a href="#Page_564">564</a>.</li></ul></li> + +<li>Advertising labels, <a href="#Page_223">223</a>; + +<ul class="IX"><li>novelties, <a href="#Page_72">72</a>, <a +href="#Page_223">223</a>, <a href="#Page_224">224</a>;</li> + +<li>R. § 12, <a href="#Page_498">498</a>; § 16, <a +href="#Page_499"><b>499</b></a>.</li></ul></li> + +<li>Æolian Co., <a href="#Page_204">204</a>.</li> + +<li>Affidavit of manufacture, <a href="#Page_88">88</a>, <a +href="#Page_136">136</a>, <a href="#Page_138">138</a>, <a +href="#Page_139">139</a>, <a href="#Page_154">154</a>, <a +href="#Page_158"><b>158</b></a>, <a href="#Page_167">167</a>, <a +href="#Page_229">229</a>, <a href="#Page_303">303</a>, <a +href="#Page_397">397</a>, <a href="#Page_511"><b>511</b></a>; + +<ul class="IX"><li>§ 16, <a href="#Page_472">472</a>; § 17, <a +href="#Page_472">472</a>; § 55, <a href="#Page_484">484</a>;</li> + +<li>R. § 32, <a href="#Page_504">504</a>; § 33, <a +href="#Page_505">505</a>; § 34, <a href="#Page_506">506</a>; § 35, <a +href="#Page_506">506</a>;</li> + +<li>false, <a href="#Page_121">121</a>, <a href="#Page_126">126</a>, <a +href="#Page_144"><b>144</b></a>, <a href="#Page_158">158</a>; + +<ul class="IX"><li>§ 17, <a +href="#Page_472">472</a>.</li></ul></li></ul></li> + +<li>Agent, <a href="#Page_286">286</a>; + +<ul class="IX"><li>literary, <a href="#Page_435">435</a>.</li> + +<li><i>See also</i> Publisher.</li></ul></li> + +<li>Agreements. <i>See</i> Contract.</li> + +<li>Alaska, <a href="#Page_39">39</a>, <a href="#Page_108">108</a>, <a +href="#Page_270">270</a>; + +<ul class="IX"><li>§ 34, <a href="#Page_481">481</a>.</li></ul></li> + +<li>Albert, Prince. <i>See</i> Prince.</li> + +<li>Aldus, <a href="#Page_13">13</a>, <a href="#Page_14">14</a>.</li> + +<li>Algiers, <a href="#Page_400">400</a>, <a +href="#Page_418">418</a>.</li> + +<li>Alien. <i>See</i> Foreign author.</li> + +<li>Almanacs, <a href="#Page_21">21</a>, <a href="#Page_38">38</a>.</li> + +<li>Alterations, <a href="#Page_75">75</a>, <a +href="#Page_100"><b>100</b></a>, <a href="#Page_101">101</a>, <a +href="#Page_174">174</a>, <a href="#Page_199">199</a>, <a +href="#Page_243"><b>243</b></a>, <a href="#Page_252">252</a>, <a +href="#Page_254">254</a>, <a href="#Page_414">414</a>, <a +href="#Page_433">433</a>, <a href="#Page_438">438</a>; + +<ul class="IX"><li>E. § 19 (2), <a href="#Page_530">530</a>, (7) <a +href="#Page_532">532</a>;</li> + +<li>P. <a href="#Page_651">651</a>.</li> + +<li><i>See also</i> Editions, new.</li></ul></li> + +<li>America. <i>See</i> United States, Canada, Latin America, Pan +American, names of countries, etc.</li> + +<li>Amer. (Authors) Copr. League, <a href="#Page_118">118</a>, <a +href="#Page_156">156</a>, <a href="#Page_214">214</a>, <a +href="#Page_356">356</a>, <a href="#Page_358">358</a>, <a +href="#Page_359">359</a>, <a href="#Page_361">361</a>, <a +href="#Page_367">367</a>, <a href="#Page_370">370</a>, <a +href="#Page_430">430</a>, <a href="#Page_454">454</a>.</li> + +<li>Amer. Bar Assoc., <a href="#Page_46">46</a>, <a +href="#Page_371">371</a>.</li> + +<li>Amer. Book Co. <i>v.</i> Doan (1901), <a +href="#Page_263">263</a>.</li> + +<li>Amer. Book Co., importation case, <a href="#Page_285">285</a>.</li> + +<li>Amer. Dramatists Club, <a href="#Page_194">194</a>.</li> + +<li>Amer. Press Assoc. <i>v.</i> Daily Story Pub. Co. (1902), <a +href="#Page_253">253</a>.</li> + +<li>Amer. Publishers' Assoc., <a href="#Page_55">55</a>.</li> + +<li>Amer. Publishers' Copr. League, <a href="#Page_360">360</a>, <a +href="#Page_455">455</a>.</li> + +<li>Amer. Tobacco Co. <i>See</i> Werckmeister.</li> + +<li>Amsterdam Literary Congress (1883), <a href="#Page_314">314</a>.</li> + +<li>Animal shows, noncopr., <a href="#Page_163">163</a>; + +<ul class="IX"><li>R. § 8, <a href="#Page_497">497</a>.</li></ul></li> + +<li>Anne, Statute of (1710), <a href="#Page_6">6</a>, <a +href="#Page_23">23</a>, <a href="#Page_24"><b>24</b></a>, <a +href="#Page_28">28</a>, <a href="#Page_34">34</a>, <a +href="#Page_35">35</a>, <a href="#Page_108">108</a>, <a +href="#Page_125">125</a>, <a href="#Page_265">265</a>, <a +href="#Page_373">373</a>.</li> + +<li>Annotations, <a href="#Page_69">69</a>.</li> + +<li>Annulment of copr. entry, <a href="#Page_121">121</a>.</li> + +<li>Anonymous and pseudonymous works, <a href="#Page_87">87</a>, <a +href="#Page_98">98</a>, <a href="#Page_101"><b>101</b></a>, <a +href="#Page_113">113</a>, <a href="#Page_115">115</a>, <a +href="#Page_120">120</a>, <a href="#Page_122">122</a>, <a +href="#Page_124">124</a>, <a href="#Page_129">129</a>, <a +href="#Page_137">137</a>, <a href="#Page_319">319</a>, <a +href="#Page_328">328</a>, <a href="#Page_333">333</a>, <a +href="#Page_511">511</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>;</li> + +<li>R. § 24, <a href="#Page_501">501</a>; § 30, <a +href="#Page_503">503</a>;</li> + +<li>C. § 24, <a href="#Page_568">568</a>;</li> + +<li>in other countries, <a href="#Page_151">151</a>, <a +href="#Page_319">319</a>, <a href="#Page_328">328</a>, <a +href="#Page_329a">329</a>, <a href="#Page_403">403-29</a>;</li> + +<li>I. <a href="#Page_610b">610</a>, <a href="#Page_617b">617</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a +href="#Page_650">650</a>.</li></ul></li> + +<li>Antwerp literary congress (1885), <a href="#Page_314">314</a>.</li> + +<li>Appeal in copr. cases, <a href="#Page_36">36</a>, <a +href="#Page_269">269</a>, <a href="#Page_272">272</a>, <a +href="#Page_404">404</a>, <a href="#Page_434">434</a>; + +<ul class="IX"><li>§ 38, <a href="#Page_481">481</a>;</li> + +<li>E. § 12, <a href="#Page_525">525</a>, <a +href="#Page_552">552</a>;</li> + +<li>C. § 6 (2), <a href="#Page_560">560</a>.</li></ul></li> + +<li>Appleton, Nathan, <a href="#Page_355">355</a>.</li> + +<li>Appleton proposal (1872), <a href="#Page_350">350</a>.</li> + +<li>Appleton, W. H., <a href="#Page_360">360</a>.</li> + +<li>Application, <a href="#Page_16">16</a>, <a href="#Page_63">63</a>, <a +href="#Page_95">95</a>, <a href="#Page_96">96</a>, <a +href="#Page_120">120</a>, <a href="#Page_136"><b>136-39</b></a>, <a +href="#Page_389">389</a>; + +<ul class="IX"><li>§ 5, <a href="#Page_467">467</a>;</li> + +<li>R. § 29, <a href="#Page_502">502</a>; § 30, <a +href="#Page_503">503</a>; § 31, <a href="#Page_503">503</a>; § 38, <a +href="#Page_507">507</a>; § 39, <a href="#Page_507">507</a>;</li> + +<li>C. § 7 (5) <a href="#Page_561">561</a>; § 25, <a +href="#Page_568">568</a>;</li> + +<li>forms, <a href="#Page_139"><b>139</b></a>, <a +href="#Page_168">168</a>, <a href="#Page_227">227</a>, <a +href="#Page_229">229</a>, <a href="#Page_511"><b>511</b></a>; + +<ul class="IX"><li>R. § 31, <a href="#Page_503">503</a>;</li></ul></li> + +<li>for renewal and extension, <a href="#Page_115">115</a>, <a +href="#Page_116">116</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>; § 24, <a +href="#Page_475">475</a>;</li> + +<li>R. § 46, <a href="#Page_509">509</a>;</li> + +<li>P. <a href="#Page_638">638</a>.</li></ul></li></ul></li> + +<li>Appraisal of copyrights, <a href="#Page_452">452</a>.</li> + +<li>Appraisers, Bd. of Gen., <a href="#Page_292">292</a>.</li> + +<li>Apsley, Ld. Chancellor, <a href="#Page_80">80</a>.</li> + +<li>Archbold <i>v.</i> Sweet (1832), <a href="#Page_443">443</a>.</li> + +<li><a name="Page_680" id="Page_680"></a><span class="pagenum">[Pg +680]</span> Architectural drawings, <a href="#Page_224">224</a>, <a +href="#Page_243">243</a>, <a href="#Page_248">248-50</a>, <a +href="#Page_318">318</a>, <a href="#Page_326">326</a>, <a +href="#Page_332">332</a>, <a href="#Page_336">336</a>; + +<ul class="IX"><li>R. § 14, <a href="#Page_498">498</a>;</li> + +<li>I. <a href="#Page_603b">603</a>, <a href="#Page_604b">604</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_637">637</a>, <a +href="#Page_649">649</a>.</li></ul></li> + +<li>Architecture, works of, <a href="#Page_33">33</a>, <a +href="#Page_242"><b>242</b></a>, <a href="#Page_248">248-50</a>, <a +href="#Page_277">277</a>, <a href="#Page_321">321</a>, <a +href="#Page_326">326</a>, <a href="#Page_327">327</a>, <a +href="#Page_375">375</a>, <a href="#Page_376">376</a>, <a +href="#Page_404">404</a>, <a href="#Page_415">415</a>, <a +href="#Page_416">416</a>; + +<ul class="IX"><li>E. § 1, § 2, <a href="#Page_518">518</a>; § 9, <a +href="#Page_524">524</a>; § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>; § 4, <a href="#Page_558">558</a>; +§ 10, <a href="#Page_562">562</a>;</li> + +<li>I. <a href="#Page_603b">603</a>, <a href="#Page_604b">604</a>, <a +href="#Page_608b">608</a>.</li> + +<li><i>See also</i> Sculpture.</li></ul></li> + +<li>Areopagitica, Milton's, <a href="#Page_22">22</a>.</li> + +<li>Argentina, <a href="#Page_62">62</a>, <a href="#Page_317">317</a>, <a +href="#Page_323">323</a>, <a href="#Page_331">331</a>, <a +href="#Page_332">332</a>, <a href="#Page_425"><b>425</b></a>, <a +href="#Page_636">636</a>, <a href="#Page_643">643</a>, <a +href="#Page_652">652</a>.</li> + +<li>Ariosto, <a href="#Page_14">14</a>.</li> + +<li><i>Armarium</i>, <a href="#Page_8">8</a>.</li> + +<li>Arnell, S. M., <a href="#Page_348">348</a>.</li> + +<li>Arnold, Matthew, <a href="#Page_457">457</a>.</li> + +<li>Aronson <i>v.</i> Fleckenstein (1886), <a +href="#Page_192">192</a>.</li> + +<li>Arrangement, <a href="#Page_42">42</a>, <a href="#Page_43">43</a>, <a +href="#Page_45">45</a>, <a href="#Page_64">64</a>, <a +href="#Page_73">73</a>, <a href="#Page_81">81</a>, <a +href="#Page_163">163</a>, <a href="#Page_169"><b>169</b></a>, <a +href="#Page_188">188</a>, <a href="#Page_197"><b>197</b></a>, <a +href="#Page_202">202</a>, <a href="#Page_209">209</a>, <a +href="#Page_319">319</a>, <a href="#Page_326">326</a>, <a +href="#Page_392">392</a>; + +<ul class="IX"><li>§ 1 (b), <a href="#Page_465">465</a>; § 1 (e), <a +href="#Page_466">466</a>; § 6, <a href="#Page_468">468</a>;</li> + +<li>R. § 10, <a href="#Page_498">498</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>;</li> + +<li>I. <a href="#Page_604b">604</a>, <a href="#Page_614b">614</a>, <a +href="#Page_615b">615</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a +href="#Page_651">651</a>.</li></ul></li> + +<li>Arrangement of material, copr. in, <a href="#Page_69">69</a>, <a +href="#Page_73">73</a>, <a href="#Page_256">256</a>.</li> + +<li>Arthur, President, <a href="#Page_358">358</a>.</li> + +<li>Articles. <i>See</i> Periodical contribution.</li> + +<li>Artist. <i>See</i> Artistic work, Author.</li> + +<li>Artistic copr., <a href="#Page_222"><b>222-50</b></a>. + +<ul class="IX"><li><i>See also</i> Artistic work.</li></ul></li> + +<li>Artistic copr. society, <a href="#Page_32">32</a>.</li> + +<li>Artistic craftsmanship, <a href="#Page_376">376</a>; + +<ul class="IX"><li>E. § 2 (1), <a href="#Page_519">519</a>; § 35 (1), <a +href="#Page_542">542</a>;</li> + +<li>C. <a href="#Page_2">2</a>, <a href="#Page_555">555</a>; § 4, <a +href="#Page_558">558</a>.</li></ul></li> + +<li>Artistic work, <a href="#Page_37">37</a>, <a +href="#Page_222"><b>222-50</b></a>, <a href="#Page_375">375</a>, <a +href="#Page_387">387</a>, <a href="#Page_388">388</a>; + +<ul class="IX"><li>Au. §§ 34-44, <a href="#Page_589">589-91</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_637">637</a>, <a +href="#Page_642">642</a>, <a href="#Page_649">649</a>;</li> + +<li>classification and definition, <a href="#Page_61">61</a>, <a +href="#Page_63">63</a>, <a href="#Page_172">172</a>, <a +href="#Page_198">198</a>, <a href="#Page_223">223</a>, <a +href="#Page_318">318</a>, <a href="#Page_326">326</a>, <a +href="#Page_332">332</a>, <a href="#Page_336">336</a>, <a +href="#Page_393">393</a>; + +<ul class="IX"><li>§ 5 (g), <a href="#Page_468">468</a>;</li> + +<li>R. § 12, <a href="#Page_498">498</a>;</li> + +<li>E. § 1, <a href="#Page_517">517</a>; § 35, <a +href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>; § 34, <a +href="#Page_589">589</a>;</li> + +<li>I. <a href="#Page_603b">603</a>, <a href="#Page_616b">616</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_637">637</a>, <a +href="#Page_649">649</a>;</li></ul></li> + +<li>duties, <a href="#Page_288">288</a>;</li> + +<li>exhibition, <a href="#Page_224">224</a>, <a href="#Page_231">231</a>, +<a href="#Page_234"><b>234</b></a>, <a href="#Page_250">250</a>, <a +href="#Page_322">322</a>, <a href="#Page_327">327</a>; + +<ul class="IX"><li>E. § 1 (3), <a href="#Page_518">518</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>;</li> + +<li>I. <a href="#Page_608b">608</a>;</li></ul></li> + +<li>formalities, <a href="#Page_127">127</a>, <a href="#Page_140">140</a>, +<a href="#Page_150">150</a>, <a href="#Page_225">225-30</a>, <a +href="#Page_235">235</a>, <a href="#Page_388">388</a>; + +<ul class="IX"><li>§ 18, <a href="#Page_472">472</a>;</li> + +<li>R. § 25, <a href="#Page_501">501</a>;</li> + +<li>C. § 3, <a href="#Page_557">557</a>, § 26, <a +href="#Page_568">568</a>;</li></ul></li> + +<li>infringement, <a href="#Page_238">238</a>; + +<ul class="IX"><li>§ 25 (b), <a href="#Page_476">476</a>;</li> + +<li>I. <a href="#Page_614b">614</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_639">639</a>, <a +href="#Page_651">651</a>;</li></ul></li> + +<li>manufacturing provisions, <a href="#Page_156">156</a>, <a +href="#Page_160">160</a>, <a href="#Page_228">228</a>, <a +href="#Page_246">246</a>, <a href="#Page_391">391</a>, <a +href="#Page_392">392</a>, <a href="#Page_393">393</a>; + +<ul class="IX"><li>§ 15, <a href="#Page_471">471</a>;</li> + +<li>C. § 3, <a href="#Page_557">557</a>;</li> + +<li>Au. § 35, <a href="#Page_590">590</a>;</li></ul></li> + +<li>material property, <a href="#Page_222">222</a>, <a +href="#Page_228">228</a>, <a href="#Page_234">234</a>, <a +href="#Page_398">398</a>;</li> + +<li>in other countries, <a href="#Page_151">151</a>, <a +href="#Page_247">247-50</a>, <a href="#Page_398">398-429</a>;</li> + +<li>photographs of, I. <a href="#Page_606b">606</a>;</li> + +<li>publication, <a href="#Page_234">234</a>;</li> + +<li>special rights, <a href="#Page_42">42</a>, <a href="#Page_46">46</a>, +<a href="#Page_223">223</a>, <a href="#Page_264">264</a>, <a +href="#Page_376">376</a>; + +<ul class="IX"><li>§ 1 (b), <a href="#Page_465">465</a>;</li> + +<li>E. § 1 (2), § 2, <a href="#Page_518">518</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>; § 4, <a +href="#Page_558">558</a>;</li> + +<li>I. <a href="#Page_613b">613</a>;</li> + +<li>P. <a href="#Page_639">639</a>, <a +href="#Page_651">651</a>;</li></ul></li> + +<li>term, <a href="#Page_230">230</a>, <a href="#Page_245">245-49</a>, <a +href="#Page_374">374-429</a>;</li> + +<li>unpublished works, <a href="#Page_86">86</a>, <a +href="#Page_119">119</a>, <a href="#Page_144">144</a>, <a +href="#Page_225"><b>225</b></a>, <a href="#Page_226">226</a>, <a +href="#Page_230"><b>230</b></a>; + +<ul class="IX"><li>§ 11, <a href="#Page_470">470</a>;</li> + +<li>R. §§ 17-21, <a href="#Page_499">499-500</a>.</li></ul></li> + +<li><i>See also</i> Alterations, Architecture, Engravings, Photographs, +Reproductions, Sculpture, etc.</li></ul></li> + +<li>Assets, copyrights as, <a href="#Page_451">451</a>.</li> + +<li>Assignment of contract, <a href="#Page_432">432</a>, <a +href="#Page_441">441</a>, <a href="#Page_443">443</a>, <a +href="#Page_444">444</a>, <a href="#Page_447">447</a>; + +<ul class="IX"><li>of copyright, <a href="#Page_47">47</a>, <a +href="#Page_60">60</a>, <a href="#Page_61">61</a>, <a +href="#Page_98">98</a>, <a href="#Page_101">101</a>, <a +href="#Page_104"><b>104</b></a>, <a href="#Page_110">110</a>, <a +href="#Page_113">113</a>, <a href="#Page_123">123</a>, <a +href="#Page_135">135</a>, <a href="#Page_189"><b>189</b></a>, <a +href="#Page_228">228</a>, <a href="#Page_234">234</a>, <a +href="#Page_261">261</a>, <a href="#Page_295">295</a>, <a +href="#Page_306">306</a>, <a href="#Page_377">377</a>, <a +href="#Page_393">393</a>, <a href="#Page_434">434</a>; + +<ul class="IX"><li>§§ 41-44, <a href="#Page_482">482</a>; § 46, <a +href="#Page_483">483</a>; § 61, <a href="#Page_487">487</a>;</li> + +<li>R. §§ 41-43, <a href="#Page_508">508</a>;</li> + +<li>E. § 5, <a href="#Page_521">521</a>; § 19, <a +href="#Page_532">532</a>; § 24, <a href="#Page_535">535</a>;</li> + +<li>C. § 7, <a href="#Page_560">560</a>; § 30, <a +href="#Page_569">569</a>; § 33, <a href="#Page_571">571</a>;</li> + +<li>Au. §§ 24-26, <a href="#Page_587">587</a>; §§ 42-43, <a +href="#Page_591">591</a>;</li></ul></li> + +<li>of renewal rights, <a href="#Page_104"><b>104</b></a>, <a +href="#Page_106"><b>106</b></a>, <a href="#Page_116">116</a>; + +<ul class="IX"><li>R. § 48, <a href="#Page_509">509</a>;</li></ul></li> + +<li>record of, <a href="#Page_36">36</a>, <a href="#Page_49">49</a>, <a +href="#Page_105">105</a>, <a href="#Page_189">189</a>, <a +href="#Page_306">306</a>, <a href="#Page_387">387</a>, <a +href="#Page_428">428</a>; + +<ul class="IX"><li>§§ 43-45, <a href="#Page_482">482</a>; § 61, <a +href="#Page_487">487</a>;</li> + +<li>R. §§ 41-42, <a href="#Page_508">508</a>;</li> + +<li>E. § 5, <a href="#Page_521">521</a>;</li> + +<li>C. § 7 (3), <a href="#Page_560">560</a>;</li> + +<li>Au. § 66, <a href="#Page_599">599</a>;</li></ul></li> + +<li>reversion of, <a href="#Page_123">123</a>, <a +href="#Page_378">378</a>, <a href="#Page_410">410</a>, <a +href="#Page_425">425</a>, <a href="#Page_429">429</a>; + +<ul class="IX"><li>E. § 4, <a href="#Page_522">522</a>;</li> + +<li>C. § 33, <a href="#Page_571">571</a>.</li></ul></li></ul></li> + +<li>Assigns, <a href="#Page_24">24</a>, <a href="#Page_35">35</a>, <a +href="#Page_50">50</a>, <a href="#Page_92">92</a>, <a +href="#Page_95">95</a>, <a href="#Page_106">106</a>, <a +href="#Page_113">113</a>, <a href="#Page_114">114</a>, <a +href="#Page_116"><b>116</b></a>, <a href="#Page_123">123</a>, <a +href="#Page_318">318</a>, <a href="#Page_321">321</a>, <a +href="#Page_410">410</a>, <a href="#Page_414">414</a>, <a +href="#Page_415">415</a>, <a href="#Page_425">425</a>, <a +href="#Page_429">429</a>; + +<ul class="IX"><li>§ 8, <a href="#Page_469">469</a>;</li> + +<li>R. § 2, <a href="#Page_495">495</a>; § 48, <a +href="#Page_509">509</a>;</li> + +<li>E. § 5 (3), <a href="#Page_522">522</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>; § 7 (6), <a +href="#Page_561">561</a>; § 33, <a href="#Page_571">571</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>I. <a href="#Page_606b">606</a>;</li> + +<li>P. <a href="#Page_637">637</a>, <a +href="#Page_649">649</a>.</li></ul></li> + +<li>Assistant Register of Copyrights, <a href="#Page_297">297</a>, <a +href="#Page_300">300</a>, <a href="#Page_302">302</a>; + +<ul class="IX"><li>§ 48, <a href="#Page_483">483</a>.</li></ul></li> + +<li>Assoc. for reform and codification of law of nations, <a +href="#Page_355">355</a>.</li> + +<li><i>Assoc. littéraire et artistique internationale</i>, <a +href="#Page_32">32</a>, <a href="#Page_209">209</a>, <a +href="#Page_314">314</a>, <a href="#Page_356">356</a>.</li> + +<li>Astrological charts noncopr., <a href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 11, <a href="#Page_498">498</a>.</li></ul></li> + +<li>Attorney-General, opinions, <a href="#Page_104">104</a>, <a +href="#Page_116">116</a>, <a href="#Page_143">143</a>, <a +href="#Page_159">159</a>, <a href="#Page_212">212</a>, <a +href="#Page_229">229</a>, <a href="#Page_284">284</a>, <a +href="#Page_285">285</a>, <a href="#Page_287">287</a>, <a +href="#Page_291">291</a>, <a href="#Page_309">309</a>, <a +href="#Page_337">337</a>, <a href="#Page_456">456</a>, <a +href="#Page_514">514</a>.</li> + +<li>Aulic council, <a href="#Page_11">11</a>.</li> + +<li>Australia, <a href="#Page_113">113</a>, <a href="#Page_152">152</a>, +<a href="#Page_160">160</a>, <a href="#Page_168">168</a>, <a +href="#Page_188">188</a>, <a href="#Page_189">189</a>, <a +href="#Page_197">197</a>, <a href="#Page_246">246</a>, <a +href="#Page_295">295</a>, <a href="#Page_310">310</a>, <a +href="#Page_321">321</a>, <a href="#Page_375">375</a>, <a +href="#Page_382">382</a>, <a href="#Page_391"><b>391-94</b></a>; + +<ul class="IX"><li>E. § 35 (1), <a href="#Page_543">543</a>;</li> + +<li>code of 1905, <a href="#Page_391">391-94</a>;</li> + +<li>text of, <a href="#Page_580">580-602</a>, <i>i. e.</i> preliminary, +Au. §§ 1-8, <a href="#Page_580">580-82</a>;</li> + +<li>administration, Au. §§ 9-12, <a href="#Page_582">582-84</a>;</li> + +<li>literary, musical and dramatic copr, Au. §§ 13-33, <a +href="#Page_584">584-89</a>;</li> + +<li>artistic copr., Au. §§ 34-44, <a href="#Page_589">589-x91</a>;</li> + +<li>infringement, Au. §§ 45-61, <a href="#Page_591">591-98</a>;</li> + +<li>international and state copr., Au. §§ 62-63, <a +href="#Page_598">598</a>;</li> + +<li>registration, Au. <a name="Page_681" id="Page_681"></a><span +class="pagenum">[Pg 681]</span>§§ 64-76, <a +href="#Page_598">598-601</a>;</li> + +<li>miscellaneous, Au. §§ 77-79, <a +href="#Page_601">601-02</a>.</li></ul></li> + +<li>Austria, <a href="#Page_112">112</a>, <a href="#Page_123">123</a>, <a +href="#Page_197">197</a>, <a href="#Page_316">316</a>, <a +href="#Page_340">340</a>, <a href="#Page_405"><b>405</b></a>, <a +href="#Page_489">489</a>. + +<ul class="IX"><li><i>See also</i> Hungary.</li></ul></li> + +<li>Author, <a href="#Page_7">7</a>, <a href="#Page_8">8</a>, <a +href="#Page_35">35</a>, <a href="#Page_95"><b>95-113</b></a>, <a +href="#Page_149">149</a>, <a href="#Page_162">162</a>, <a +href="#Page_214">214</a>, <a href="#Page_218">218</a>, <a +href="#Page_318">318</a>, <a href="#Page_321">321</a>, <a +href="#Page_326">326</a>, <a href="#Page_327">327</a>, <a +href="#Page_333">333</a>; + +<ul class="IX"><li>E. §§ 1-5, <a href="#Page_517">517-522</a>; § 6, (3) <a +href="#Page_523">523</a>; § 24, <a href="#Page_536">536</a>;</li> + +<li>I. <a href="#Page_606b">606</a>, <a href="#Page_608b">608</a>, <a +href="#Page_609b">609</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_637">637</a>, <a +href="#Page_649">649</a>;</li> + +<li>definition, <a href="#Page_66">66</a>; + +<ul class="IX"><li>§ 62, <a href="#Page_488">488</a>;</li> + +<li>R. § 30, <a href="#Page_503">503</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li></ul></li> + +<li>first owner, <a href="#Page_95">95</a>, <a href="#Page_113">113</a>, +<a href="#Page_247">247</a>, <a href="#Page_393">393</a>; + +<ul class="IX"><li>E. § 5, <a href="#Page_521">521</a>;</li> + +<li>Au. § 18, <a href="#Page_586">586</a>;</li> + +<li>§ 37, <a href="#Page_591">591</a>;</li></ul></li> + +<li>name, <a href="#Page_11">11</a>, <a href="#Page_98">98</a>, <a +href="#Page_100">100</a>, <a href="#Page_129">129</a>, <a +href="#Page_151">151</a>, <a href="#Page_277">277</a>, <a +href="#Page_319">319</a>, <a href="#Page_329a">329</a>, <a +href="#Page_333">333</a>, <a href="#Page_337">337</a>, <a +href="#Page_427">427</a>; + +<ul class="IX"><li>R. § 30, <a href="#Page_503">503</a>;</li> + +<li>E. § 6 (3), <a href="#Page_522">522</a>;</li> + +<li>C. § 25, <a href="#Page_568">568</a>;</li> + +<li>I. <a href="#Page_617b">617</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_639">639</a>, <a +href="#Page_650">650</a>;</li></ul></li> + +<li>relations with publisher, <a href="#Page_402">402</a>, <a +href="#Page_409">409</a>, <a href="#Page_430"><b>430-52</b></a>;</li> + +<li>reputation of, <a href="#Page_243">243</a>, <a +href="#Page_245">245</a>, <a href="#Page_264">264</a>, <a +href="#Page_275">275</a>.</li> + +<li><i>See also</i> Anonymous and pseudonymous, Consent, Contract, +Corporate works, Employer, Foreign author, Joint authors, Owner, +Proprietor, Residence, Rights, etc.</li></ul></li> + +<li>Authors Club, <a href="#Page_372">372</a>.</li> + +<li>Authorized copies prohibited importation, <a href="#Page_279">279</a>, +<a href="#Page_280">280</a>, <a href="#Page_513">513</a>; + +<ul class="IX"><li>§ 31, <a href="#Page_478">478</a>.</li></ul></li> + +</ul> + +<ul class="IX"> <li><a name="IX_B"></a>Badges noncopr., <a +href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 16, <a href="#Page_499">499</a>.</li></ul></li> + +<li>Bahamas, <a href="#Page_391">391</a>.</li> + +<li>Baker <i>v.</i> Taylor (1848), <a href="#Page_129">129</a>.</li> + +<li>Baldwin, J. D., bill and rpt. (1868), <a +href="#Page_348">348</a>.</li> + +<li>Balkan states, <a href="#Page_414">414</a>.</li> + +<li>Ballet. <i>See</i> Choregraphic works.</li> + +<li>Bamforth <i>v.</i> Douglas Post Card Co. (1908), <a +href="#Page_264">264</a>.</li> + +<li>Bands, musical, <a href="#Page_206">206</a>; + +<ul class="IX"><li>§ 25 (e), <a href="#Page_477">477</a>.</li></ul></li> + +<li>Bank deposit books, noncopr. <a href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Bankruptcy, <a href="#Page_47">47</a>, <a href="#Page_409">409</a>, <a +href="#Page_433">433</a>, <a href="#Page_443">443</a>, <a +href="#Page_451"><b>451</b></a>.</li> + +<li>Banks <i>v.</i> McDivitt (1875), <a href="#Page_251">251</a>.</li> + +<li>Banks Law Book Co. <i>v.</i> Lawyers Co-op. Pub. Co. (1909), <a +href="#Page_259">259</a>.</li> + +<li>Banishment, <a href="#Page_422">422</a>.</li> + +<li>Banning, H. B., bill (1874), <a href="#Page_353">353</a>.</li> + +<li>Barbaro, <a href="#Page_13">13</a>.</li> + +<li>Barchfeld, A. J., bill (1908), <a href="#Page_370">370</a>.</li> + +<li>Barfield <i>v.</i> Nicholson (1824), <a +href="#Page_441"><b>441</b></a>.</li> + +<li>Barnes <i>v.</i> Miner (1903), <a href="#Page_175">175</a>.</li> + +<li>Barrie, J. M., <a href="#Page_110">110</a>.</li> + +<li>Basel, <a href="#Page_11">11</a>, <a href="#Page_12">12</a>.</li> + +<li>Beaconsfield, memoir of, <a href="#Page_90">90</a>.</li> + +<li>Beck, J. B., bill (1872), <a href="#Page_352">352</a>.</li> + +<li>Beckford <i>v.</i> Hood (1798), <a href="#Page_27">27</a>.</li> + +<li>Beere <i>v.</i> Ellis (1889), <a href="#Page_173">173</a>.</li> + +<li>Belgium, <a href="#Page_111">111</a>, <a href="#Page_124">124</a>, <a +href="#Page_198">198</a>, <a href="#Page_316">316</a>, <a +href="#Page_317">317</a>, <a href="#Page_318">318</a>, <a +href="#Page_320">320</a>, <a href="#Page_322">322</a>, <a +href="#Page_323">323</a>, <a href="#Page_330">330</a>, <a +href="#Page_331">331</a>, <a href="#Page_340">340</a>, <a +href="#Page_400"><b>400</b></a>, <a href="#Page_489">489</a>, <a +href="#Page_636">636</a>; + +<ul class="IX"><li>mechanical music, <a href="#Page_213">213</a>, <a +href="#Page_340">340</a>, <a href="#Page_398">398</a>, <a +href="#Page_490">490</a>.</li></ul></li> + +<li><i>Belgravia</i> case, <a href="#Page_75">75</a>, <a +href="#Page_84">84</a>, <a href="#Page_85">85</a>.</li> + +<li><i>Bell's Life</i>, <a href="#Page_83">83</a>.</li> + +<li>Bell <i>v.</i> Locke (1840), <a href="#Page_83">83</a>.</li> + +<li>Ben Hur cases, <a href="#Page_77">77</a>, <a href="#Page_176">176</a>, +<a href="#Page_237">237</a>, <a href="#Page_242">242</a>.</li> + +<li>Benaliis, <a href="#Page_14">14</a>.</li> + +<li>Bennett <i>v.</i> Boston Traveler Co. (1900), <a +href="#Page_272">272</a>.</li> + +<li>Bennett <i>v.</i> Carr (1899), <a href="#Page_236">236</a>.</li> + +<li>Benziger Brothers, importation, <a href="#Page_159">159</a>, <a +href="#Page_283">283</a>.</li> + +<li>Bequest, copr. subject to, <a href="#Page_104">104</a>; + +<ul class="IX"><li>§ 42, <a href="#Page_482">482</a>.</li> + +<li><i>See also</i> Assignment.</li></ul></li> + +<li>Bergne, Sir H., <a href="#Page_325">325</a>.</li> + +<li>Berlin conference, <a href="#Page_323">323-25</a>; + +<ul class="IX"><li>convention, <a href="#Page_62">62</a>, <a +href="#Page_94">94</a>, <a href="#Page_118">118</a>, <a +href="#Page_152">152</a>, <a href="#Page_199">199</a>, <a +href="#Page_209">209</a>, <a href="#Page_250">250</a>, <a +href="#Page_296">296</a>, <a href="#Page_323">323</a>, <a +href="#Page_326"><b>326-30</b></a>, <a href="#Page_372">372</a>, <a +href="#Page_415">415</a>, <a href="#Page_456">456</a>;</li> + +<li>text of, <a href="#Page_603b">603-32</a>.</li> + +<li><i>See</i> also International conventions.</li></ul></li> + +<li>Berlin Photographic Co. <i>See</i> Werckmeister.</li> + +<li>Berne conferences, <a href="#Page_314">314</a>, <a +href="#Page_316">316</a>, <a href="#Page_317">317</a>, <a +href="#Page_358">358</a>, <a href="#Page_360">360</a>; + +<ul class="IX"><li>convention, <a href="#Page_31">31</a>, <a +href="#Page_185">185</a>, <a href="#Page_209">209</a>, <a +href="#Page_248">248</a>, <a href="#Page_296">296</a>, <a +href="#Page_312">312</a>, <a href="#Page_313">313</a>, <a +href="#Page_318"><b>318</b></a>, <a href="#Page_320">320</a>, <a +href="#Page_329a">329</a>, <a href="#Page_375">375</a>, <a +href="#Page_381">381</a>, <a href="#Page_456">456</a>;</li> + +<li>prophecy of, <a href="#Page_345">345</a>;</li> + +<li>text of, <a href="#Page_603a">603-32</a>.</li> + +<li><i>See also</i> International conventions, Paris acts.</li></ul></li> + +<li>Besant, Walter, <a href="#Page_31">31</a>, <a +href="#Page_457">457</a>.</li> + +<li>Bible, <a href="#Page_21">21</a>, <a href="#Page_96">96</a>, <a +href="#Page_123">123</a>.</li> + +<li><i>Bibliographie Universelle</i>, <a href="#Page_83">83</a>.</li> + +<li>Bibliography of copr., <a href="#Page_453">453-62</a>.</li> + +<li>Bills in Congress, <a href="#Page_344">344-71</a>. + +<ul class="IX"><li><i>See also</i> Names of Congressmen.</li></ul></li> + +<li>Binding, affidavit of Amer., <a href="#Page_153">153</a>, <a +href="#Page_155">155</a>, <a href="#Page_511"><b>511</b></a>; + +<ul class="IX"><li>§ 15, <a href="#Page_471">471</a>; § 16, <a +href="#Page_472">472</a>;</li> + +<li>R. § 27, <a href="#Page_502">502</a>; § 32, <a +href="#Page_504">504</a>.</li></ul></li> + +<li>Bindings, importation, <a href="#Page_121">121</a>, <a +href="#Page_159">159</a>, <a href="#Page_283">283</a>, <a +href="#Page_287"><b>287</b></a>, <a href="#Page_291">291</a>.</li> + +<li>Birrell, Augustine, <a href="#Page_51">51</a>, <a +href="#Page_458">458</a>.</li> + +<li>Bisel <i>v.</i> Welsh (1904), <a href="#Page_257">257</a>.</li> + +<li>Bizet's "Carmen," case, <a href="#Page_120">120</a>, <a +href="#Page_188">188</a>.</li> + +<li>Black <i>v.</i> Allen (1893), <a href="#Page_261">261</a>.</li> + +<li>Black <i>v.</i> Ehrich (1891), <a href="#Page_261">261</a>.</li> + +<li>Black <i>v.</i> Murray (1870), <a href="#Page_75">75</a>.</li> + +<li>Blackstone, <a href="#Page_2">2</a>, <a href="#Page_6">6</a>, <a +href="#Page_81">81</a>.</li> + +<li>Blackwood <i>v.</i> Brewster (1860), <a href="#Page_445">445</a>.</li> + +<li>Blaine, Secretary, <a href="#Page_356">356</a>.</li> + +<li>Blank book, <a href="#Page_69">69</a>, <a href="#Page_70">70</a>, <a +href="#Page_71">71</a>, <a href="#Page_72">72</a>; + +<ul class="IX"><li>R. § 5, <a +href="#Page_496"><b>496</b></a>.</li></ul></li> + +<li>Blank forms, <a href="#Page_69">69</a>, <a href="#Page_70">70</a>, <a +href="#Page_72">72</a>.</li> + +<li>Blasphemous works. <i>See</i> Immoral.</li> + +<li>Blatchford, J., <a href="#Page_175">175</a>.</li> + +<li>Bleistein <i>v.</i> Donaldson (1903), <a href="#Page_102">102</a>, <a +href="#Page_237">237</a>.</li> + +<li><a name="Page_682" id="Page_682"></a><span class="pagenum">[Pg +682]</span> Blind, works for, <a href="#Page_154">154</a>, <a +href="#Page_279">279</a>, <a href="#Page_280">280</a>; + +<ul class="IX"><li>§ 15, <a href="#Page_471">471</a>; § 31, <a +href="#Page_478">478</a>.</li></ul></li> + +<li>Bloom <i>v.</i> Nixon (1903), <a href="#Page_190">190</a>.</li> + +<li>Blue-book (1878), <a href="#Page_30">30</a>, 459 (1909), <a +href="#Page_32">32</a>, <a href="#Page_459">459</a>.</li> + +<li>Board of Trade, regulations, E. § 3, <a href="#Page_520">520</a>; + +<ul class="IX"><li>§ 15 (5), <a href="#Page_527">527</a>; § 19 (3), <a +href="#Page_531">531</a>.</li></ul></li> + +<li>Bodleian Library. <i>See</i> University deposit.</li> + +<li>Bobbs-Merrill <i>v.</i> Straus (1908), <a href="#Page_55">55</a>, <a +href="#Page_56">56</a>.</li> + +<li>Bogue <i>v.</i> Houlston (1852), <a href="#Page_76">76</a>.</li> + +<li>Bolivia, <a href="#Page_331">331</a>, <a href="#Page_332">332</a>, <a +href="#Page_336">336</a>, <a href="#Page_427"><b>427</b></a>, <a +href="#Page_636">636</a>, <a href="#Page_643">643</a>.</li> + +<li>Bolton <i>v.</i> Aldin (1895), <a href="#Page_241">241</a>.</li> + +<li>Bolton <i>v.</i> London Exhibitions (1898), <a +href="#Page_240">240</a>, <a href="#Page_244">244</a>, <a +href="#Page_253">253</a>.</li> + +<li>Bond of Register of Copyrights, <a href="#Page_299">299</a>, <a +href="#Page_303">303</a>; + +<ul class="IX"><li>§ 50, <a href="#Page_484">484</a>.</li></ul></li> + +<li>Bong <i>v.</i> Campbell Art Co. (1909), <a +href="#Page_110">110</a>.</li> + +<li>Book, <a href="#Page_63">63</a>, <a href="#Page_76">76</a>, <a +href="#Page_326">326</a>, <a href="#Page_332">332</a>, <a +href="#Page_392">392</a>; + +<ul class="IX"><li>§ 5(a), <a href="#Page_467">467</a>;</li> + +<li>Au. § 13, <a href="#Page_585">585</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_639">639</a>, <a +href="#Page_651">651</a>;</li> + +<li>application form, <a href="#Page_139">139</a>, <a +href="#Page_512">512</a>;</li> + +<li>catalog of copr. entries, <a href="#Page_300">300</a>;</li> + +<li>definition, <a href="#Page_68"><b>68-72</b></a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>;</li> + +<li>E. § 15(7), <a href="#Page_527">527</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li></ul></li> + +<li>duties on, <a href="#Page_288">288</a>, <a +href="#Page_291">291</a>;</li> + +<li>early English restriction, <a href="#Page_19">19</a>, <a +href="#Page_20">20</a>;</li> + +<li>importation, <a href="#Page_279">279-96</a>; + +<ul class="IX"><li>§ 31 (d), <a href="#Page_479">479</a>;</li></ul></li> + +<li>interim protection, <a href="#Page_146">146</a>; + +<ul class="IX"><li>§ 9, <a href="#Page_469">469</a>; § 21, <a +href="#Page_474">474</a>;</li> + +<li>R. § 28, <a href="#Page_502">502</a>; R. § 35, <a +href="#Page_506">506</a>;</li></ul></li> + +<li>notice, <a href="#Page_127">127</a>, <a href="#Page_130">130</a>, <a +href="#Page_131">131</a>; + +<ul class="IX"><li>§ 9, <a href="#Page_469">469</a>; § 18, <a +href="#Page_472">472</a>; § 19, <a href="#Page_473">473</a>;</li> + +<li>C. § 3 (2), <a href="#Page_557">557</a>;</li></ul></li> + +<li>registration, 132, <a href="#Page_306">306</a>; + +<ul class="IX"><li>§ 61, <a href="#Page_487">487</a>;</li> + +<li>E. § 15, <a href="#Page_527">527</a>;</li> + +<li>C. § 22, <a href="#Page_567">567</a>; § 26, <a +href="#Page_568">568</a>.</li></ul></li> + +<li><i>See also</i> Importation, Literary work, Manufacture, +etc.</li></ul></li> + +<li>Book of Common Prayer, <a href="#Page_21">21</a>, <a +href="#Page_123">123</a>.</li> + +<li>Bookseller. <i>See</i> Publisher.</li> + +<li>Book-fairs, German, <a href="#Page_11">11</a>, <a +href="#Page_13">13</a>, <a href="#Page_15">15</a>.</li> + +<li>Boosey <i>v.</i> Jefferys. <i>See</i> Jefferys <i>v.</i> Boosey.</li> + +<li>Boosey <i>v.</i> Whight (1899), <a href="#Page_208">208</a>.</li> + +<li>Bosselman <i>v.</i> Richardson (1909), <a +href="#Page_107">107</a>.</li> + +<li><i>Börsenblatt</i>, <a href="#Page_403">403</a>.</li> + +<li>Boucicault <i>v.</i> Chatterton (1876), <a +href="#Page_184">184</a>.</li> + +<li>Boucicault <i>v.</i> Delafield (1863), <a +href="#Page_184">184</a>.</li> + +<li>Boucicault <i>v.</i> Fox (1862), <a href="#Page_97">97</a>.</li> + +<li>Boucicault <i>v.</i> Hart (1875), <a href="#Page_149">149</a>.</li> + +<li>Bowker, R. R., <a href="#Page_214">214</a>, <a +href="#Page_370">370</a>, <a href="#Page_455">455</a>.</li> + +<li>Bowker-Solberg volume, <a href="#Page_359">359</a>, <a +href="#Page_453">453</a>.</li> + +<li>Bracken <i>v.</i> Rosenthal, (1907), <a href="#Page_243">243</a>.</li> + +<li>Braddon, Miss, <a href="#Page_83">83</a>, <a +href="#Page_173">173</a>.</li> + +<li>Brady, <a href="#Page_191">191</a>.</li> + +<li>Brady <i>v.</i> Daly (1899), <a href="#Page_191">191</a>, <a +href="#Page_272">272</a>.</li> + +<li>Brazil, <a href="#Page_124">124</a>, <a href="#Page_152">152</a>, <a +href="#Page_198">198</a>, <a href="#Page_201">201</a>, <a +href="#Page_248">248</a>, <a href="#Page_331">331</a>, <a +href="#Page_335">335</a>, <a href="#Page_336">336</a>, <a +href="#Page_425"><b>425</b></a>, <a href="#Page_636">636</a>, <a +href="#Page_642">642</a>, <a href="#Page_652">652</a>.</li> + +<li>Breckinridge, W. C. P., bill (1888, '89), <a +href="#Page_361">361</a>.</li> + +<li>Briggs, W., <a href="#Page_459">459</a>.</li> + +<li>Bristed, C. Astor, bill (1872), <a href="#Page_351">351</a>.</li> + +<li>Britain <i>v.</i> Hanks (1902), <a href="#Page_247">247</a>.</li> + +<li>British copr., early protection, <a href="#Page_6">6</a>, <a +href="#Page_19">19-23</a>, <a href="#Page_24">24</a>; + +<ul class="IX"><li>laws, <a href="#Page_24">24-34</a>, <a +href="#Page_456">456</a>;</li> + +<li>scope, <a href="#Page_61">61</a>;</li> + +<li>subject-matter, <a href="#Page_68">68</a>, <a href="#Page_78">78</a>, +<a href="#Page_90">90</a>, <a href="#Page_94">94</a>;</li> + +<li>translations, <a href="#Page_78">78</a>;</li> + +<li>lectures, <a href="#Page_91">91</a>;</li> + +<li>ownership, <a href="#Page_106">106</a>, <a +href="#Page_108">108</a>;</li> + +<li>assignment, <a href="#Page_106">106</a>, <a +href="#Page_190">190</a>;</li> + +<li>residence, <a href="#Page_108">108</a>;</li> + +<li>term, <a href="#Page_25">25</a>, <a href="#Page_121">121</a>, <a +href="#Page_124">124</a>, <a href="#Page_188">188</a>, <a +href="#Page_374">374</a>;</li> + +<li>formalities, <a href="#Page_125">125</a>, <a href="#Page_150">150</a>, +<a href="#Page_189">189</a>, <a href="#Page_310">310</a>, <a +href="#Page_373">373-74</a>;</li> + +<li>publication, <a href="#Page_49">49</a>, <a href="#Page_109">109</a>, +<a href="#Page_373">373</a>, <a href="#Page_376">376</a>, <a +href="#Page_377">377</a>;</li> + +<li>patent proviso, <a href="#Page_161">161</a>;</li> + +<li>dramatic and musical, <a href="#Page_171">171</a>, <a +href="#Page_174">174</a>, <a href="#Page_178">178</a>, <a +href="#Page_181">181-85</a>, <a href="#Page_189">189</a>, <a +href="#Page_190">190</a>, <a href="#Page_195"><b>195</b></a>, <a +href="#Page_550">550-54</a>;</li> + +<li>performance as publication, <a href="#Page_181">181</a>, <a +href="#Page_184">184</a>;</li> + +<li>mechanical reproduction, <a href="#Page_208">208</a>;</li> + +<li>artistic, <a href="#Page_246">246</a>, <a +href="#Page_548">548-49</a>;</li> + +<li>exhibition as publication, <a href="#Page_232">232</a>;</li> + +<li>remedies, <a href="#Page_277">277</a>;</li> + +<li>importation, <a href="#Page_18">18</a>, <a +href="#Page_292">292</a>;</li> + +<li>registration, <a href="#Page_189">189</a>, <a +href="#Page_310">310</a>;</li> + +<li>international, <a href="#Page_31">31</a>, <a href="#Page_32">32</a>, +<a href="#Page_108">108</a>, <a href="#Page_111">111</a>, <a +href="#Page_184">184</a>, <a href="#Page_311">311</a>, <a +href="#Page_316">316</a>, <a href="#Page_317">317</a>, <a +href="#Page_318">318</a>, <a href="#Page_320">320</a>, <a +href="#Page_323">323</a>, <a href="#Page_330">330</a>, <a +href="#Page_374">374</a>, <a href="#Page_375">375</a>, <a +href="#Page_381">381</a>;</li> + +<li>authors' address, <a href="#Page_341">341</a>;</li> + +<li>Palmerston invitation, <a href="#Page_346">346</a>;</li> + +<li>Clarendon treaty, <a href="#Page_349">349</a>, <a +href="#Page_354">354</a>;</li> + +<li>Granville negotiations, <a href="#Page_355">355</a>;</li> + +<li>literature, <a href="#Page_456">456-60</a>;</li> + +<li>new code, <a href="#Page_32">32</a>, <a href="#Page_61">61</a>, <a +href="#Page_93">93</a>, <a href="#Page_90">90</a>, <a +href="#Page_91">91</a>, <a href="#Page_94">94</a>, <a +href="#Page_109">109</a>, <a href="#Page_113">113</a>, <a +href="#Page_122">122</a>, <a href="#Page_151">151</a>, <a +href="#Page_172">172</a>, <a href="#Page_178">178</a>, <a +href="#Page_184">184</a>, <a href="#Page_189">189</a>, <a +href="#Page_190">190</a>, <a href="#Page_193">193</a>, <a +href="#Page_197">197</a>, <a href="#Page_208">208</a>, <a +href="#Page_242">242</a>, <a href="#Page_247">247</a>, <a +href="#Page_246">246</a>, <a href="#Page_277">277</a>, <a +href="#Page_293">293</a>, <a href="#Page_374"><b>374-80</b></a>;</li> + +<li>text of, <a href="#Page_517">517-47</a>; + +<ul class="IX"><li><i>i. e.</i> rights, E. § 1-5, <a +href="#Page_517">517-22</a>;</li> + +<li>civil remedies, E. § 6-10, <a href="#Page_522">522-24</a>;</li> + +<li>summary remedies, E. § 11-13, <a href="#Page_524">524-25</a>;</li> + +<li>importation, E. § 14, <a href="#Page_525">525</a>;</li> + +<li>delivery to libraries, E. § 15, <a href="#Page_527">527</a>;</li> + +<li>special provisions, E. § 16-24, <a href="#Page_528">528-36</a>;</li> + +<li>application to British possessions, E. § 25-28, <a +href="#Page_536">536-38</a>;</li> + +<li>international copr. E. § 29-30, <a href="#Page_539">539-41</a>;</li> + +<li>supplemental provisions, E. § 31-37, <a +href="#Page_541">541-44</a>;</li> + +<li>schedules, E. <a href="#Page_545">545-47</a>;</li></ul></li> + +<li>unrepealed acts, <a href="#Page_548">548-54</a>.</li> + +<li><i>See also</i> Australia, Canada, Newfoundland, New Zealand, South +Africa, India, etc.; British Museum, Crown, Stationers Hall, University; +Designs, Patents; <i>also</i> specific subjects.</li></ul></li> + +<li>British Empire, <a href="#Page_24">24-34</a>, <a +href="#Page_373"><b>373-97</b></a>. + +<ul class="IX"><li><i>See also</i> British copr.</li></ul></li> + +<li>British Guiana, <a href="#Page_391">391</a>.</li> + +<li>British Honduras, <a href="#Page_391">391</a>.</li> + +<li>British Museum, deposit, <a href="#Page_122">122</a>, <a +href="#Page_150">150</a>, <a href="#Page_310">310</a>, <a +href="#Page_312"><b>312</b></a>, <a href="#Page_374">374</a>, <a +href="#Page_378">378</a>, <a href="#Page_386">386</a>, <a +href="#Page_391">391</a>; + +<ul class="IX"><li>E. § 15, <a href="#Page_527">527</a>;</li> + +<li>C. § 27, <a href="#Page_568">568</a>.</li></ul></li> + +<li>British possessions (colonies, dominions), + +<ul class="IX"><li><a name="Page_683" id="Page_683"></a><span +class="pagenum">[Pg 683]</span> <a +href="#Page_380"><b>380-97</b></a>;</li> + +<li>term, <a href="#Page_119">119</a>, <a href="#Page_188">188</a>, <a +href="#Page_246">246</a>;</li> + +<li>formalities, <a href="#Page_151">151</a>;</li> + +<li>manufacturing provisions, <a href="#Page_160">160</a>, <a +href="#Page_168">168</a>;</li> + +<li>dramatic and musical works, <a href="#Page_168">168</a>, <a +href="#Page_189">189</a>, <a href="#Page_190">190</a>;</li> + +<li>importation, <a href="#Page_294">294</a>;</li> + +<li>copyright offices, <a href="#Page_310">310</a>;</li> + +<li>international <a href="#Page_31">31</a>, <a +href="#Page_381">381</a>.</li> + +<li><i>See also</i> British copr., <i>also</i> individual +names.</li></ul></li> + +<li>British Soc. of Authors, <a href="#Page_31">31</a>, <a +href="#Page_457">457</a>.</li> + +<li>British West Indies, <a href="#Page_391">391</a>.</li> + +<li>Broder <i>v.</i> Zeno Mauvais (1898), <a href="#Page_86">86</a>.</li> + +<li>Brooke <i>v.</i> Chitty (1831), <a href="#Page_442">442</a>.</li> + +<li>Brooklyn Photogravure Co., <a href="#Page_244">244</a>.</li> + +<li>Brown, H. F., <a href="#Page_16">16</a>.</li> + +<li>Brussels literary congress (1884), <a href="#Page_314">314</a>.</li> + +<li>Bryant, W. C., <a href="#Page_347">347</a>, <a +href="#Page_348">348</a>.</li> + +<li>Bryce, Lloyd S., bill (1888), <a href="#Page_361">361</a>.</li> + +<li>Buckles noncopr., <a href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 16, <a href="#Page_499">499</a>.</li></ul></li> + +<li>Buckley, S., <a href="#Page_29">29</a>.</li> + +<li>Buda-Pesth, telephone newspaper, <a href="#Page_217">217</a>.</li> + +<li>Buenos Aires conference, <a href="#Page_332">332</a>, <a +href="#Page_336">336</a>; + +<ul class="IX"><li>convention, <a href="#Page_113">113</a>, <a +href="#Page_152">152</a>, <a href="#Page_201">201</a>, <a +href="#Page_250">250</a>, <a href="#Page_296">296</a>, <a +href="#Page_332">332</a>, <a href="#Page_336"><b>336</b></a>, <a +href="#Page_337">337</a>, <a href="#Page_419">419</a>;</li> + +<li>text of, <a href="#Page_649">649-652</a>.</li> + +<li><i>See also</i> International conventions, Pan Amer. Union and names +of countries.</li></ul></li> + +<li>Buildings. <i>See</i> Architecture.</li> + +<li>Bulgaria, <a href="#Page_414">414</a>.</li> + +<li>Bullen <i>v.</i> Aflalo (1903), <a href="#Page_99">99</a>.</li> + +<li>Bulwer-Lytton's act (1833), <a href="#Page_182">182</a>.</li> + +<li>Bureau of Int. Copr. Union, <a href="#Page_319">319</a>, <a +href="#Page_329a">329</a>, <a href="#Page_330">330</a>; + +<ul class="IX"><li>I. <a href="#Page_622b">622</a>;</li> + +<li>Pan Amer., <a href="#Page_335">335</a>, <a +href="#Page_336">336</a>;</li> + +<li>P. <a href="#Page_642">642-647</a>.</li></ul></li> + +<li>Burk <i>v.</i> Johnson (1906), <a href="#Page_61">61</a>.</li> + +<li>Burke, P: <a href="#Page_457">457</a>.</li> + +<li>Burlesque, <a href="#Page_190">190</a>; + +<ul class="IX"><li>Au. § 4, <a href="#Page_582">582</a>.</li></ul></li> + +<li>Burlesqued title, <a href="#Page_264">264</a>.</li> + +<li>Burrow-Giles Lith. Co. <i>v.</i> Sarony (1884), <a +href="#Page_67">67</a>, <a href="#Page_129">129</a>, <a +href="#Page_240">240</a>.</li> + +<li>Business relations, <a href="#Page_430">430-52</a>.</li> + +<li>Buttons noncopr., <a href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 16, <a +href="#Page_499"><b>499</b></a>.</li></ul></li> + +<li>Butterworth, Benjamin, bill (1890), <a href="#Page_362">362</a>.</li> +</ul> + +<ul class="IX"> <li><a name="IX_C"></a>Cable <i>v.</i> Marks (1882), <a +href="#Page_242">242</a>.</li> + +<li>Calculations, mathematical, <a href="#Page_70">70</a>.</li> + +<li>Calendars, <a href="#Page_38">38</a>, <a href="#Page_69">69</a>, <a +href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>.</li></ul></li> + +<li>California copr. legislation, <a href="#Page_39">39</a>, <a +href="#Page_194">194</a>.</li> + +<li>Caliga <i>v.</i> Inter-Ocean Newspaper Co. (1909), <a +href="#Page_231">231</a>.</li> + +<li>Callaghan <i>v.</i> Myers (1888), <a href="#Page_130">130</a>.</li> + +<li>Cambridge. <i>See</i> University deposit.</li> + +<li>Canada, <a href="#Page_119">119</a>, <a href="#Page_151">151</a>, <a +href="#Page_160">160</a>, <a href="#Page_168">168</a>, <a +href="#Page_188">188-90</a>, <a href="#Page_246">246</a>, <a +href="#Page_294">294</a>, <a href="#Page_310">310</a>, <a +href="#Page_321">321</a>, <a href="#Page_375">375</a>, <a +href="#Page_381">381</a>, <a href="#Page_382">382</a>, <a +href="#Page_383"><b>383-90</b></a>, <a href="#Page_460">460</a>; + +<ul class="IX"><li>E. § 35 (1), <a href="#Page_543">543</a>;</li> + +<li>laws, <a href="#Page_295">295</a>, <a href="#Page_383">383-86</a>, <a +href="#Page_456">456</a>;</li> + +<li>code of 1911, <a href="#Page_386">386-88</a>, text of, <a +href="#Page_555">555-79</a>, + +<ul class="IX"><li><i>i. e.</i>, interpretation, C. § 2, <a +href="#Page_555">555</a>;</li> + +<li>conditions of copr., C. § 3, <a href="#Page_557">557</a>;</li> + +<li>infringement, C. § 4, <a href="#Page_558">558</a>;</li> + +<li>term, C. § 5, <a href="#Page_559">559</a>;</li> + +<li>license to republish, C. § 6, <a href="#Page_559">559</a>;</li> + +<li>ownership and assignment, C. § 7, <a href="#Page_560">560</a>;</li> + +<li>civil remedies, C. §§ 8-10, <a href="#Page_561">561-62</a>;</li> + +<li>offences and penalties, C. §§ 11-12, <a href="#Page_562">562</a>;</li> + +<li>summary remedies, C. §§ 13-15, <a href="#Page_562">562-65</a>;</li> + +<li>importation, C. §§ 16-21, <a href="#Page_565">565-67</a>;</li> + +<li>registration, C. §§ 22-27, <a href="#Page_567">567-69</a>;</li> + +<li>special provisions, C. §§ 28-32, <a href="#Page_569">569-70</a>;</li> + +<li>existing works, C. §33, <a href="#Page_571">571-2</a>;</li> + +<li>imperial reciprocity, C. § 34, <a href="#Page_573">573</a>;</li> + +<li>international, C. §§ 35-36, <a href="#Page_573">573-74</a>;</li> + +<li>evidence, C. §§ 37-38, <a href="#Page_574">574</a>;</li> + +<li>fees, C. § 39, <a href="#Page_574">574</a>;</li> + +<li>clerical errors, C. § 40, <a href="#Page_575">575</a>;</li> + +<li>rules and regulations, C. §§ 41-46, <a +href="#Page_575">575-76</a>;</li> + +<li>schedules, <a href="#Page_577">577-79</a>.</li></ul></li></ul></li> + +<li>Canada copr. [imperial] act (1875), <a href="#Page_30">30</a>, <a +href="#Page_382">382</a>, <a href="#Page_384">384</a>.</li> + +<li><i>Canada Gazette</i>, <a href="#Page_388">388</a>, C. § 43, <a +href="#Page_576">576</a>.</li> + +<li>Canal Zone, <a href="#Page_39">39</a>, <a href="#Page_423">423</a>. +<i>See also</i> Panama.</li> + +<li>Canned music. <i>See</i> Mechanical reproduction.</li> + +<li>Cantatas, <a href="#Page_60">60</a>, <a href="#Page_164">164</a>, <a +href="#Page_166">166</a>; + +<ul class="IX"><li>§ 28, <a href="#Page_478">478</a>.</li></ul></li> + +<li>Cape Colony, <a href="#Page_381">381</a>, <a href="#Page_396">396</a>. + +<ul class="IX"><li><i>See also</i> South African Union.</li></ul></li> + +<li>Card copr., <a href="#Page_70">70</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Carey, H. C., <a href="#Page_3">3</a>, <a href="#Page_344">344</a>, <a +href="#Page_347">347</a>, <a href="#Page_454">454</a>.</li> + +<li>Carlisle, Senator, <a href="#Page_363">363</a>.</li> + +<li>Carlyle, T., <a href="#Page_351">351</a>, <a +href="#Page_457">457</a>.</li> + +<li>Carmen case (1905), <a href="#Page_120">120</a>, <a +href="#Page_188">188</a>.</li> + +<li>Carnegie, Andrew, <a href="#Page_331">331</a>.</li> + +<li>Cartographical works. <i>See</i> Maps.</li> + +<li>Cary <i>v.</i> Longman (1801), <a href="#Page_76">76</a>.</li> + +<li>Castellazzo, <a href="#Page_14">14</a>.</li> + +<li>Casts. <i>See</i> Reproduction, Sculpture.</li> + +<li>Catalogue of British Museum, <a href="#Page_310">310</a>; + +<ul class="IX"><li>of U. S. copr. entries, <a +href="#Page_299">299-301</a>, <a href="#Page_304">304-06</a>;</li> + +<li>§ 56, <a href="#Page_485">485</a>; § 57, <a href="#Page_485">485</a>; +§ 60, <a href="#Page_486">486</a>;</li> + +<li>cards, <a href="#Page_301">301</a>.</li></ul></li> + +<li>Catalogues, <a href="#Page_69">69</a>, <a href="#Page_71">71</a>, <a +href="#Page_73">73</a>, <a href="#Page_234">234</a>, <a +href="#Page_237">237</a>; + +<ul class="IX"><li>R. § 4, § 5, <a +href="#Page_496">496</a>.</li></ul></li> + +<li>Cate <i>v.</i> Devon (1889), <a href="#Page_254">254</a>.</li> + +<li>Celtes, <a href="#Page_11">11</a>.</li> + +<li>Censorship, <a href="#Page_10">10</a>, <a href="#Page_15">15</a>, <a +href="#Page_199">199</a>.</li> + +<li>Central Amer., <a href="#Page_421">421-23</a>.</li> + +<li>Certificates, <a href="#Page_10">10</a>, <a href="#Page_16">16</a>, <a +href="#Page_72">72</a>, <a href="#Page_119">119</a>, <a +href="#Page_126">126</a>, <a href="#Page_136">136</a>, <a +href="#Page_140"><b>140</b></a>, <a href="#Page_168">168</a>, <a +href="#Page_230">230</a>, <a href="#Page_303">303</a>, <a +href="#Page_307">307</a>, <a href="#Page_309">309</a>, <a +href="#Page_319">319</a>, <a href="#Page_335">335</a>; + +<ul class="IX"><li>§ 10, <a href="#Page_469">469</a>; § 55, <a +href="#Page_484">484</a>; § 61, <a href="#Page_487">487</a>;</li> + +<li>R. § 3, <a href="#Page_495">495</a>;</li> + +<li>C. § 7 (5), <a href="#Page_561">561</a>;</li> + +<li>Au. § 69, § 70, <a href="#Page_599">599</a>;</li> + +<li>I. <a href="#Page_617a">617</a>;</li> + +<li>P. <a href="#Page_644">644</a>.</li></ul></li> + +<li><a name="Page_684" id="Page_684"></a><span class="pagenum">[Pg +684]</span>Ceylon, <a href="#Page_395">395</a>.</li> + +<li>Chace, Senator, bills (1886-88), <a href="#Page_358">358</a>, <a +href="#Page_360">360</a>, <a href="#Page_361">361</a>.</li> + +<li>Champney <i>v.</i> Haag (1903), <a href="#Page_243">243</a>, <a +href="#Page_274">274</a>.</li> + +<li>Channel Islands, <a href="#Page_381">381</a>; + +<ul class="IX"><li>E. § 37, <a href="#Page_544">544</a>.</li></ul></li> + +<li>Chappell <i>v.</i> Boosey (1882), <a href="#Page_183">183</a>, <a +href="#Page_184">184</a>.</li> + +<li>Characters in plays, <a href="#Page_170">170</a>, <a +href="#Page_175">175</a>, <a href="#Page_192">192</a>.</li> + +<li>Charitable purpose. <i>See</i> Performance.</li> + +<li>Charles II, <a href="#Page_22">22</a>.</li> + +<li>Charles V, <a href="#Page_10">10</a>.</li> + +<li>Charles IX., <a href="#Page_18">18</a>.</li> + +<li>Charts. <i>See</i> Maps.</li> + +<li>Chatterbox cases, <a href="#Page_84"><b>84</b></a>, <a +href="#Page_261">261</a>.</li> + +<li>Chatterton <i>v.</i> Cave (1876), <a href="#Page_174">174</a>.</li> + +<li>Check books, noncopr., <a href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Chicago Dollar Directory case (1895), <a +href="#Page_257">257</a>.</li> + +<li>Chicago Tribune <i>v.</i> Ill Pr. & Pub. Co. (1909), <a +href="#Page_103">103</a>.</li> + +<li>Child <i>v.</i> N. Y. Times Co. (1901), <a +href="#Page_272">272</a>.</li> + +<li>Children. <i>See</i> Heirs.</li> + +<li>Chile, <a href="#Page_112">112</a>, <a href="#Page_323">323</a>, <a +href="#Page_331">331</a>, <a href="#Page_332">332</a>, <a +href="#Page_345">345</a>, <a href="#Page_427"><b>427</b></a>, <a +href="#Page_489">489</a>, <a href="#Page_636">636</a>, <a +href="#Page_643">643</a>, <a href="#Page_652">652</a>.</li> + +<li>China, <a href="#Page_112">112</a>, <a href="#Page_201">201</a>, <a +href="#Page_323">323</a>, <a href="#Page_340">340</a>, <a +href="#Page_417"><b>417</b></a>.</li> + +<li>Chippewa Indians, <a href="#Page_41">41</a>.</li> + +<li>Choregraphic works, <a href="#Page_162">162</a>, <a +href="#Page_177">177</a>, <a href="#Page_198">198</a>, <a +href="#Page_320">320</a>, <a href="#Page_326">326</a>, <a +href="#Page_336">336</a>; + +<ul class="IX"><li>R. § 8, <a href="#Page_497">497</a>;</li> + +<li>E. § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>;</li> + +<li>I. <a href="#Page_603b">603</a>, <a href="#Page_604b">604</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a +href="#Page_649">649</a>.</li></ul></li> + +<li>Chrestomathies, <a href="#Page_334">334</a>, <a +href="#Page_337">337</a>; + +<ul class="IX"><li>I. <a href="#Page_613b">613</a>;</li> + +<li>P. <a href="#Page_639">639</a>, <a href="#Page_651">651</a>.</li> + +<li><i>See also</i> Collections.</li></ul></li> + +<li>Christie, W. D., <a href="#Page_457">457</a>.</li> + +<li>Chromos. <i>See</i> Lithographs.</li> + +<li>Chronology, copyrightable, <a href="#Page_69">69</a>.</li> + +<li>Church control, <a href="#Page_17">17</a>; + +<ul class="IX"><li>texts, <a href="#Page_12">12</a>.</li></ul></li> + +<li>Cicero, <a href="#Page_8">8</a>.</li> + +<li>Cinematograph. <i>See</i> Moving pictures.</li> + +<li>Circulars, <a href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>;</li> + +<li>C. § 14, <a href="#Page_564">564</a>.</li></ul></li> + +<li>Circulars, Copyright Office, <a href="#Page_456">456</a>.</li> + +<li>Circus posters, <a href="#Page_237">237</a>, <a +href="#Page_244">244</a>.</li> + +<li>Circus tricks noncopr., <a href="#Page_163">163</a>; + +<ul class="IX"><li>R. § 8, <a href="#Page_497">497</a>.</li></ul></li> + +<li>Citations. <i>See</i> Law reports.</li> + +<li>Citizens, intending, <a href="#Page_109">109</a>. + +<ul class="IX"><li><i>See also</i> Foreign, Residence.</li></ul></li> + +<li>Citizenship defined, R. § 30, <a href="#Page_503">503</a>.</li> + +<li>City Club conferences, <a href="#Page_367">367</a>.</li> + +<li>Civil remedies. <i>See</i> Remedies.</li> + +<li>Claim of copr. <i>See</i> Application, Notice.</li> + +<li>Claimant of copr., <a href="#Page_95">95</a>, <a +href="#Page_96"><b>96</b></a>, <a href="#Page_136">136</a>, <a +href="#Page_137">137</a>, <a href="#Page_304">304</a>; + +<ul class="IX"><li>§ 55, <a href="#Page_484">484</a>;</li> + +<li>R. § 29, § 30, <a href="#Page_503">503</a>.</li></ul></li> + +<li>Clarendon treaty, <a href="#Page_349">349</a>, <a +href="#Page_354">354</a>.</li> + +<li>Clark <i>v.</i> Bishop (1872), <a href="#Page_176">176</a>.</li> + +<li>Clarke <i>v.</i> Price (1819), <a href="#Page_441">441</a>.</li> + +<li>Classic times, <a href="#Page_8">8</a>.</li> + +<li>Classification of copr., <a href="#Page_63">63</a>, <a +href="#Page_64">64</a>, <a href="#Page_136"><b>136</b></a>, <a +href="#Page_168">168</a>; + +<ul class="IX"><li>§ 5, <a href="#Page_467">467</a>.</li></ul></li> + +<li>Clay, H., <a href="#Page_341">341</a>; + +<ul class="IX"><li>bills and rpt. (1837-42), <a href="#Page_344">344</a>, +<a href="#Page_346">346</a>.</li></ul></li> + +<li>Clayton <i>v.</i> Stone (1828), <a href="#Page_69">69</a>.</li> + +<li>Cleland <i>v.</i> Thayer (1903), <a href="#Page_241">241</a>.</li> + +<li>Clemens, S. L., <a href="#Page_98">98</a>, <a href="#Page_99">99</a>, +<a href="#Page_359">359</a>, <a href="#Page_447">447</a>.</li> + +<li>Clemens <i>v.</i> Belford (1883), <a href="#Page_98">98</a>.</li> + +<li>Cleveland, President, <a href="#Page_358">358</a>, <a +href="#Page_360">360</a>.</li> + +<li>Clifford, J., <a href="#Page_254">254</a>.</li> + +<li>Clinical Obstetrics, <i>in re</i> (1908), <a +href="#Page_447">447</a>.</li> + +<li>Cobbett <i>v.</i> Woodward (1872), <a href="#Page_73">73</a>.</li> + +<li>Code of 1909, <a href="#Page_39">39</a>, <a href="#Page_372">372</a>; + +<ul class="IX"><li>text of, <a +href="#Page_465"><b>465-88</b></a>.</li></ul></li> + +<li>Codeca, <a href="#Page_14">14</a>.</li> + +<li>Codes, telegraphic, <a href="#Page_70">70</a>.</li> + +<li>Cohen, B. A., <a href="#Page_458">458</a>.</li> + +<li>Coin-operated machines, <a href="#Page_204">204</a>; + +<ul class="IX"><li>§ 1 (e), <a +href="#Page_466"><b>466</b></a>.</li></ul></li> + +<li>Collaboration. <i>See</i> Joint author.</li> + +<li>Collections, <a href="#Page_69">69</a>, <a +href="#Page_81"><b>81</b></a>, <a href="#Page_377">377</a>, <a +href="#Page_406">406</a>, <a href="#Page_409">409</a>, <a +href="#Page_431">431</a>, <a href="#Page_434">434</a>; + +<ul class="IX"><li>E. § 2, <a href="#Page_519">519</a>.</li> + +<li><i>See also</i> Chrestomathies.</li></ul></li> + +<li>Collective work. <i>See</i> Composite works.</li> + +<li>Colles & Hardy, <a href="#Page_171">171</a>, <a +href="#Page_459">459</a>.</li> + +<li>Collins, P. A., bill (1883), <a href="#Page_356">356</a>.</li> + +<li>Colombia, <a href="#Page_124">124</a>, <a href="#Page_152">152</a>, <a +href="#Page_198">198</a>, <a href="#Page_323">323</a>, <a +href="#Page_332">332</a>, <a href="#Page_429"><b>429</b></a>, <a +href="#Page_643"><b>643</b></a>, <a href="#Page_652">652</a>.</li> + +<li>Colonial copr. act, <a href="#Page_29">29</a>, <a +href="#Page_293">293</a>, <a href="#Page_379">379</a>, <a +href="#Page_380">380</a>, <a href="#Page_381">381</a>, <a +href="#Page_382">382</a>.</li> + +<li>Combinations, copr. in, <a href="#Page_69">69</a>, <a +href="#Page_73">73</a>, <a href="#Page_82">82</a>, <a +href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 16, <a href="#Page_499">499</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>.</li></ul></li> + +<li>Commission, Royal Copr., <a href="#Page_30">30</a>, <a +href="#Page_122">122</a>, <a href="#Page_183">183</a>, <a +href="#Page_459">459</a>.</li> + +<li>Committee of experts, <a href="#Page_404">404</a>. + +<ul class="IX"><li><i>See also</i> Congressional.</li></ul></li> + +<li>Common law, <a href="#Page_2">2</a>, <a href="#Page_4">4</a>, <a +href="#Page_5">5</a>, <a href="#Page_6">6</a>, <a href="#Page_7">7</a>, <a +href="#Page_9">9</a>, <a href="#Page_23">23</a>, <a +href="#Page_24">24</a>, <a href="#Page_26">26</a>, <a +href="#Page_34"><b>34</b></a>, <a href="#Page_40">40</a>, <a +href="#Page_42">42</a>, <a href="#Page_43">43</a>, <a +href="#Page_44"><b>44</b></a>, <a href="#Page_46">46</a>, <a +href="#Page_59">59</a>, <a href="#Page_61">61</a>, <a +href="#Page_62">62</a>, <a href="#Page_86">86</a>, <a +href="#Page_90">90</a>, <a href="#Page_91">91</a>, <a +href="#Page_92">92</a>, <a href="#Page_95">95</a>, <a +href="#Page_119">119</a>, <a href="#Page_178">178</a>, <a +href="#Page_182">182</a>, <a href="#Page_186">186</a>, <a +href="#Page_187">187</a>, <a href="#Page_192">192</a>, <a +href="#Page_225">225</a>, <a href="#Page_261">261</a>, <a +href="#Page_277">277</a>, <a href="#Page_379">379</a>, <a +href="#Page_387">387</a>, <a href="#Page_392">392</a>, <a +href="#Page_425">425</a>; + +<ul class="IX"><li>§ 2, <a href="#Page_467">467</a>;</li> + +<li>E. § 31, <a href="#Page_541">541</a>;</li> + +<li>C. § 42, <a href="#Page_576">576</a>, <a +href="#Page_577">577</a>;</li> + +<li>Au. § 7, <a href="#Page_583">583</a>.</li></ul></li> + +<li>Competition. <i>See</i> Unfair competition.</li> + +<li>Compilations, <a href="#Page_63">63</a>, <a href="#Page_64">64</a>, <a +href="#Page_69">69</a>, <a href="#Page_71">71</a>, <a +href="#Page_81">81</a>, <a href="#Page_255">255</a>, <a +href="#Page_256">256</a>, <a href="#Page_257">257</a>, <a +href="#Page_326">326</a>, <a href="#Page_428">428</a>; + +<ul class="IX"><li>§ 5(a), <a href="#Page_467">467</a>; § 6, <a +href="#Page_468">468</a>;</li> + +<li>R. § 4, <a href="#Page_496">496</a>;</li> + +<li>I. <a href="#Page_604b">604</a>.</li></ul></li> + +<li>Component parts, <a href="#Page_64">64</a>, <a href="#Page_74">74</a>, +<a href="#Page_76">76</a>; + +<ul class="IX"><li>§ 3, <a href="#Page_467">467</a>.</li></ul></li> + +<li>Composer. <i>See</i> Author, Music.</li> + +<li>Composite works, <a href="#Page_63">63</a>, <a href="#Page_64">64</a>, +<a href="#Page_76">76</a>, <a href="#Page_81">81</a>, <a +href="#Page_100"><b>100</b></a>, <a href="#Page_104">104</a>, <a +href="#Page_106">106</a>, 113-<a href="#Page_116">116</a>, <a +href="#Page_120">120</a>, <a href="#Page_132">132</a>, <a +href="#Page_403">403</a>; + +<ul class="IX"><li>§ 3, <a href="#Page_467">467</a>; § 5(a), <a +href="#Page_467">467</a>; § 23, <a href="#Page_474">474</a>; § 24, <a +href="#Page_475">475</a>;</li> + +<li>R. § 47, <a href="#Page_509">509</a>;</li> + +<li><a name="Page_685" id="Page_685"></a><span class="pagenum">[Pg +685]</span>E. § 5, <a href="#Page_522">522</a>; § 24, <a +href="#Page_534">534</a>; § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 30, <a href="#Page_569">569</a>;</li> + +<li>Au. § 20, <a href="#Page_587">587</a>;</li> + +<li>importation, <a href="#Page_286">286</a>.</li> + +<li><i>See also</i> Cyclopædic works.</li></ul></li> + +<li>Compulsory license. <i>See</i> License.</li> + +<li>Condensations, <a href="#Page_261">261</a>, <a +href="#Page_275">275</a>. <i>See also</i> Abridgment.</li> + +<li>Conferences, copr., <a href="#Page_32">32</a>, <a +href="#Page_316">316</a>, <a href="#Page_367">367</a>, <a +href="#Page_430">430</a>, <a href="#Page_460">460</a>. + +<ul class="IX"><li><i>See also</i> Congressional Committees, Inter. +copr.</li></ul></li> + +<li>Congo Free State, <a href="#Page_419"><b>419</b></a>.</li> + +<li>Congress, Constitutional authorization, <a href="#Page_7">7</a>, <a +href="#Page_35">35</a>.</li> + +<li>Congressional Committees, <a href="#Page_117">117</a>, <a +href="#Page_119">119</a>, <a href="#Page_242">242</a>; + +<ul class="IX"><li>foreign relations, <a href="#Page_347">347</a>;</li> + +<li>judiciary, <a href="#Page_357">357</a>, <a href="#Page_361">361</a>, +<a href="#Page_362">362</a>;</li> + +<li>library, <a href="#Page_348">348</a>, <a href="#Page_350">350</a>, <a +href="#Page_352">352</a>;</li> + +<li>patents, <a href="#Page_202">202</a>, <a href="#Page_204">204</a>, <a +href="#Page_295">295</a>, <a href="#Page_356">356</a>, <a +href="#Page_360">360</a>, <a href="#Page_361">361</a>, <a +href="#Page_362">362</a>, <a href="#Page_367">367</a>, <a +href="#Page_369">369</a>, <a href="#Page_371">371</a>;</li> + +<li>whole, <a href="#Page_347">347</a>, <a href="#Page_350">350</a>, <a +href="#Page_371">371</a>.</li></ul></li> + +<li>Congressional hearings, <a href="#Page_202">202</a>, <a +href="#Page_204">204</a>, <a href="#Page_214">214</a>, <a +href="#Page_296">296</a>, <a href="#Page_352">352</a>, <a +href="#Page_359">359</a>, <a href="#Page_369">369</a>, <a +href="#Page_448">448</a>.</li> + +<li>Connecticut copr. legislation, <a href="#Page_35">35</a>, <a +href="#Page_40">40</a>, <a href="#Page_194">194</a>.</li> + +<li>Consent of author or proprietor, <a href="#Page_5">5</a>, <a +href="#Page_15">15</a>, <a href="#Page_22">22</a>, <a +href="#Page_45">45</a>, <a href="#Page_52">52</a>, <a +href="#Page_59">59</a>, <a href="#Page_65">65</a>, <a +href="#Page_88">88</a>, <a href="#Page_91">91</a>, <a +href="#Page_93">93</a>, <a href="#Page_100">100</a>, <a +href="#Page_120">120</a>, <a href="#Page_127">127</a>, <a +href="#Page_198">198</a>, <a href="#Page_279">279</a>, <a +href="#Page_386">386</a>, <a href="#Page_432">432</a>; + +<ul class="IX"><li>§ 2, <a href="#Page_467">467</a>; § 6, <a +href="#Page_468">468</a>; § 11 (2), <a href="#Page_525">525</a>; § 62, <a +href="#Page_488">488</a>;</li> + +<li>E. § 35 (2), <a href="#Page_543">543</a>, <a +href="#Page_551">551</a>;</li> + +<li>C. § 2 (2), <a href="#Page_557">557</a>; § 13, <a +href="#Page_563">563</a>;</li> + +<li>Au. § 29, <a href="#Page_588">588</a>.</li></ul></li> + +<li>Consolidated Gas Co. case (1909), <a href="#Page_207">207</a>.</li> + +<li>Constitutional provision, <a href="#Page_7">7</a>, <a +href="#Page_34">34</a>, <a href="#Page_35">35</a>, <a +href="#Page_51">51</a>, <a href="#Page_66">66</a>, <a +href="#Page_67">67</a>, <a href="#Page_114">114</a>, <a +href="#Page_180">180</a>, <a href="#Page_218">218</a>.</li> + +<li>Constitutionality, music royalty, <a href="#Page_52">52</a>, <a +href="#Page_207">207</a>.</li> + +<li>Construction. <i>See</i> Architecture, works of.</li> + +<li>Contract, <a href="#Page_10">10</a>, <a href="#Page_48">48</a>, <a +href="#Page_49">49</a>, <a href="#Page_53">53</a>, <a +href="#Page_54">54</a>, <a href="#Page_57">57</a>, <a +href="#Page_60">60</a>, <a href="#Page_78">78</a>, <a +href="#Page_87">87</a>, <a href="#Page_90">90</a>, <a +href="#Page_97">97</a>, <a href="#Page_98">98</a>, <a +href="#Page_101">101</a>, <a href="#Page_103">103</a>, <a +href="#Page_106">106</a>, <a href="#Page_117">117</a>, <a +href="#Page_118">118</a>, <a href="#Page_186">186</a>, <a +href="#Page_187">187</a>, <a href="#Page_188">188</a>, <a +href="#Page_232">232</a>, <a href="#Page_234">234</a>, <a +href="#Page_409">409</a>, <a href="#Page_430"><b>430-52</b></a>; + +<ul class="IX"><li>E. § 5, <a href="#Page_521">521</a>;</li> + +<li>standard, <a href="#Page_438">438</a>.</li></ul></li> + +<li>Contracts, forms of, noncopr., <a href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Contributions. <i>See</i> Periodical contribution.</li> + +<li>Control of sale, <a href="#Page_54">54</a>, <a +href="#Page_60">60</a>.</li> + +<li>Conventions. <i>See</i> Treaties, International, Pan Amer. Union, +Berne, Paris, Berlin, Montevideo, Mexico City, Rio de Janeiro, Buenos +Aires.</li> + +<li>Cooper, J. F., <a href="#Page_347">347</a>.</li> + +<li>Copies. <i>See</i> Authorized copies.</li> + +<li>Copinger, W. A., <a href="#Page_6">6</a>, <a href="#Page_80">80</a>, +<a href="#Page_454">454</a>, <a href="#Page_458">458</a>.</li> + +<li>"Copy," <a href="#Page_1">1</a>.</li> + +<li>Copy, right to, <a href="#Page_1">1</a>, <a href="#Page_10">10</a>, <a +href="#Page_42">42</a>, <a href="#Page_45">45</a>, <a +href="#Page_53"><b>53</b></a>, <a href="#Page_163">163</a>, <a +href="#Page_392">392</a>; + +<ul class="IX"><li>§ 1 (a), <a href="#Page_465">465</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>.</li></ul></li> + +<li>Copy of a copy, <a href="#Page_243">243</a>.</li> + +<li>Copyright, definition of, <a href="#Page_1">1</a>, <a +href="#Page_2">2</a>, <a href="#Page_42"><b>42-62</b></a>, <a +href="#Page_333">333</a>, <a href="#Page_376">376</a>, <a +href="#Page_387">387</a>, <a href="#Page_392">392</a>, <a +href="#Page_419">419</a>; + +<ul class="IX"><li>E. § 1 (2), <a href="#Page_518">518</a>, <a +href="#Page_545">545</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>, <a href="#Page_577">577</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_637">637</a>, <a +href="#Page_649">649</a>.</li></ul></li> + +<li>Copyright deposits, <a href="#Page_54">54</a>, <a +href="#Page_55">55</a>, <a href="#Page_136">136</a>, <a +href="#Page_298">298</a>, <a href="#Page_299">299</a>, <a +href="#Page_305">305</a>, <a href="#Page_306">306</a>, <a +href="#Page_309">309</a>; + +<ul class="IX"><li>§ 59, <a href="#Page_60">60</a>, <a +href="#Page_486">486</a>;</li> + +<li>R. § 49, <a href="#Page_509">509</a>;</li> + +<li>C. § 27, <a href="#Page_568">568</a>.</li> + +<li><i>See also</i> Deposit.</li></ul></li> + +<li>Copyright Office, <a href="#Page_130">130</a>, <a +href="#Page_297">297-310</a>; + +<ul class="IX"><li>§ 47-61, <a href="#Page_483">483-87</a>;</li> + +<li>in British Empire, <a href="#Page_310">310</a>, <a +href="#Page_373">373-97</a>; + +<ul class="IX"><li>C. § 2, <a href="#Page_555">555</a>; § 22, <a +href="#Page_567">567</a>; § 27, <a href="#Page_568">568</a>;</li> + +<li>Au. § 9-11, <a href="#Page_562">562-83</a>;</li></ul></li> + +<li>in other countries, <a href="#Page_310">310</a>, <a +href="#Page_398">398-429</a>;</li> + +<li>publications, <a href="#Page_40">40</a>, <a href="#Page_72">72</a>, <a +href="#Page_195">195</a>, <a href="#Page_300">300</a>, <a +href="#Page_304">304</a>, <a href="#Page_366">366</a>, <a +href="#Page_367">367</a>, <a href="#Page_372">372</a>, <a +href="#Page_455"><b>455</b></a>.</li> + +<li><i>See also</i> Regulations, Seal.</li></ul></li> + +<li>Copyright records, <a href="#Page_95">95</a>, <a +href="#Page_298">298</a>, <a href="#Page_302">302</a>, <a +href="#Page_305">305</a>, <a href="#Page_309">309</a>; + +<ul class="IX"><li>§ 47, <a href="#Page_483">483</a>; § 54, <a +href="#Page_484">484</a>; § 58, <a href="#Page_486">486</a>;</li> + +<li>R. § 49, <a href="#Page_509">509</a>;</li> + +<li>C. § 22, <a href="#Page_567">567</a>;</li> + +<li>Au. § 64-76, <a href="#Page_599">599-601</a>.</li> + +<li><i>See also</i> Registers.</li></ul></li> + +<li>Corporate work, <a href="#Page_102">102</a>, <a +href="#Page_104">104</a>, <a href="#Page_106">106</a>, <a +href="#Page_115">115</a>, <a href="#Page_122">122</a>, <a +href="#Page_398">398-429</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>;</li> + +<li>E. § 19, <a href="#Page_529">529</a>; § 21, <a +href="#Page_533">533</a>;</li> + +<li>C. § 31, <a href="#Page_570">570</a>.</li></ul></li> + +<li>Corporation, <a href="#Page_102">102</a>, <a href="#Page_129">129</a>, +<a href="#Page_157">157</a>, <a href="#Page_273">273</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>;</li> + +<li>R. § 24, <a href="#Page_501">501</a>; § 33, <a +href="#Page_505">505</a>;</li> + +<li>E. § 19, <a href="#Page_529">529</a>; § 21, <a +href="#Page_533">533</a>;</li> + +<li>C. § 31, <a href="#Page_570">570</a>.</li></ul></li> + +<li>Corson, Levi, H. <a href="#Page_38">38</a>.</li> + +<li>Cost tables, <a href="#Page_70">70</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Costa Rica, <a href="#Page_112">112</a>, <a href="#Page_152">152</a>, +<a href="#Page_316">316</a>, <a href="#Page_317">317</a>, <a +href="#Page_332">332</a>, <a href="#Page_334">334</a>, <a +href="#Page_336">336</a>, <a href="#Page_340">340</a>, <a +href="#Page_420">420</a>, <a href="#Page_421"><b>421</b></a>, <a +href="#Page_423">423</a>, <a href="#Page_489">489</a>, <a +href="#Page_643">643</a>, <a href="#Page_652">652</a>.</li> + +<li>Costs, legal, <a href="#Page_276">276</a>; + +<ul class="IX"><li>§ 40, <a href="#Page_482">482</a>;</li> + +<li>E. § 6 (2), <a href="#Page_523">523</a>;</li> + +<li>C. § 8, <a href="#Page_561">561</a>;</li> + +<li>Au. § 78, <a href="#Page_602">602</a>.</li></ul></li> + +<li>Couhin, Claude, <a href="#Page_460">460</a>.</li> + +<li>Country of origin, <a href="#Page_152">152</a>, <a +href="#Page_313">313</a>, <a href="#Page_318">318</a>, <a +href="#Page_319">319</a>, <a href="#Page_327">327</a>, <a +href="#Page_328">328</a>, <a href="#Page_329a">329</a>, <a +href="#Page_333">333</a>; + +<ul class="IX"><li>I. <a href="#Page_606b">606</a>, <a +href="#Page_607b">607</a>, <a href="#Page_609b">609</a>, <a +href="#Page_610b">610</a>, <a href="#Page_612b">612</a>, <a +href="#Page_618b">618</a>, <a href="#Page_619b">619</a>;</li> + +<li>P. <a href="#Page_638">638</a>, <a href="#Page_643">643</a>, <a +href="#Page_644">644</a>, <a href="#Page_650">650</a>.</li> + +<li><i>See also</i> First publication.</li></ul></li> + +<li>Coupons, noncopr., <a href="#Page_70">70</a>, <a +href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Courier Lith. Co. case, <a href="#Page_102">102</a>.</li> + +<li>Court jurisdiction, <a href="#Page_36">36</a>, <a +href="#Page_260">260</a>, <a href="#Page_269">269</a>, <a +href="#Page_270">270</a>, <a href="#Page_271">271</a>, <a +href="#Page_319">319</a>; + +<ul class="IX"><li>§ 26, <a href="#Page_477">477</a>; § 34, § 35, <a +href="#Page_481">481</a>;</li> + +<li>E. § 12, <a href="#Page_525">525</a>, <a href="#Page_549">549</a>, <a +href="#Page_552">552</a>, <a href="#Page_553">553</a>;</li> + +<li>C. § 14, <a href="#Page_563">563</a>; § 15, <a +href="#Page_564">564</a>;</li> + +<li>Au. § 59-60, <a href="#Page_597">597</a>; § 79, <a +href="#Page_602">602</a>;</li> + +<li>I. <a href="#Page_609b">609</a>, <a href="#Page_618b">618</a>;</li> + +<li>P. <a href="#Page_635">635</a>, <a href="#Page_640">640</a>, <a +href="#Page_652">652</a>;</li> + +<li>consular, <a href="#Page_62">62</a>, <a href="#Page_201">201</a>, <a +href="#Page_417">417</a>, <a href="#Page_418">418</a>.</li></ul></li> + +<li>Courtesy of the trade, <a href="#Page_8">8</a>, <a +href="#Page_10">10</a>, <a href="#Page_364">364</a>.</li> + +<li>Cox <i>v.</i> Cox (1853), <a href="#Page_443">443</a>.</li> + +<li>Cox, S. S. bill (1871), <a href="#Page_350">350</a>.</li> + +<li>Crampton, John F., <a href="#Page_347">347</a>.</li> + +<li>Crasso, <a href="#Page_14">14</a>.</li> + +<li>Credit-rating books, <a href="#Page_53">53</a>, <a +href="#Page_70">70</a>.</li> + +<li><a name="Page_686" id="Page_686"></a><span class="pagenum">[Pg +686]</span> Criticism, <a href="#Page_259">259</a>, <a +href="#Page_264">264</a>, <a href="#Page_334">334</a>, <a +href="#Page_376">376</a>; + +<ul class="IX"><li>E. § 2 (1), <a href="#Page_518">518</a>;</li> + +<li>C. § 4, <a href="#Page_558">558</a>;</li> + +<li>Au. § 28, <a href="#Page_588">588</a>;</li> + +<li>P. <a href="#Page_640">640</a>, <a +href="#Page_651">651</a>.</li></ul></li> + +<li>Crookes <i>v.</i> Petter (1860), <a href="#Page_445">445</a>.</li> + +<li>Crown, copr., <a href="#Page_21">21</a>, <a href="#Page_49">49</a>, <a +href="#Page_123">123</a>, <a href="#Page_377">377</a>; + +<ul class="IX"><li>E. § 18, <a href="#Page_529">529</a>.</li></ul></li> + +<li>Cuba, <a href="#Page_112">112</a>, <a href="#Page_124">124</a>, <a +href="#Page_334">334</a>, <a href="#Page_335">335</a>, <a +href="#Page_340">340</a>, <a href="#Page_410">410</a>, <a +href="#Page_423"><b>423</b></a>, <a href="#Page_642">642</a>, <a +href="#Page_652">652</a>.</li> + +<li>Currier, Frank D., bills (1908-9), <a href="#Page_367">367</a>, <a +href="#Page_369">369</a>, <a href="#Page_370">370</a>, <a +href="#Page_371">371</a>.</li> + +<li>Curtis, G. Ticknor, <a href="#Page_80">80</a>, <a +href="#Page_455">455</a>.</li> + +<li>Curtis, G. W., <a href="#Page_348">348</a>, <a +href="#Page_454">454</a>.</li> + +<li>Custom of the trade, <a href="#Page_236">236</a>, <a +href="#Page_259">259</a>, <a href="#Page_364">364</a>.</li> + +<li>Customs, American, <a href="#Page_291">291</a>; + +<ul class="IX"><li> <ul class="IX"><li>duties, <a +href="#Page_288">288</a>;</li> + +<li>regulations, <a href="#Page_279">279</a>, <a href="#Page_282">282</a>, +<a href="#Page_513"><b>513</b></a>;</li></ul></li> + +<li>British, <a href="#Page_29">29</a>, <a href="#Page_292">292</a>;</li> + +<li>Consolidation Act (1876), <a href="#Page_30">30</a>, <a +href="#Page_33">33</a>, <a href="#Page_293">293</a>; + +<ul class="IX"><li>E. § 14 (6), <a +href="#Page_526">526</a>;</li></ul></li> + +<li>duties, <a href="#Page_384">384</a>, <a href="#Page_390">390</a>; + +<ul class="IX"><li>C. § 16, <a href="#Page_565">565</a>;</li></ul></li> + +<li>notification, <a href="#Page_293">293-295</a>, <a +href="#Page_310">310</a>, <a href="#Page_378">378</a>, <a +href="#Page_392">392</a>, <a href="#Page_395">395</a>, <a +href="#Page_396">396</a>; + +<ul class="IX"><li>E. § 14, <a href="#Page_525">525</a>;</li> + +<li>C. § 20, <a href="#Page_566">566</a>;</li> + +<li>Au. § 61, <a href="#Page_598">598</a>.</li></ul></li> + +<li><i>See also</i> Importation.</li></ul></li> + +<li>Cuts. <i>See</i> Engravings.</li> + +<li>Cyclopædic works, <a href="#Page_63">63</a>, <a +href="#Page_71">71</a>, <a href="#Page_81">81</a>, <a +href="#Page_99"><b>99</b></a>, <a href="#Page_115">115</a>, <a +href="#Page_122">122</a>, <a href="#Page_188">188</a>, <a +href="#Page_287">287</a>, <a href="#Page_460">460</a>; + +<ul class="IX"><li>§ 5 (a), <a href="#Page_467">467</a>; § 23, <a +href="#Page_474">474</a>;</li> + +<li>R. § 4, <a href="#Page_496">496</a>;</li> + +<li>E. § 15, <a href="#Page_527">527</a>; § 35, <a +href="#Page_542">542</a>;</li> + +<li>C. § 22, <a href="#Page_567">567</a>; § 30, <a +href="#Page_569">569</a>;</li> + +<li>Au. § 20, <a href="#Page_586">586</a>.</li> + +<li><i>See also</i> Composite works, Encyclopædia.</li></ul></li> + +<li>Cylinders. <i>See</i> Mechanical instruments.</li> + +<li>Cyprus, <a href="#Page_375">375</a>, <a +href="#Page_397"><b>397</b></a>; + +<ul class="IX"><li>E. § 28, <a href="#Page_538">538</a>.</li></ul></li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_D"></a>Daldy, F. R., <a href="#Page_356">356</a>.</li> + +<li>Daly <i>v.</i> Brady (1899), <a href="#Page_191">191</a>.</li> + +<li>Daly <i>v.</i> Palmer (1868), <a href="#Page_175">175</a>.</li> + +<li>Daly <i>v.</i> Walrath (1899), <a href="#Page_181">181</a>.</li> + +<li>Daly <i>v.</i> Webster (1892), <a href="#Page_191">191</a>, <a +href="#Page_192">192</a>.</li> + +<li>Dam <i>v.</i> Kirke La Shelle Co. (1908, 1910), <a +href="#Page_101">101</a>, <a href="#Page_171">171</a>.</li> + +<li>Damages, <a href="#Page_26">26</a>, <a href="#Page_57">57</a>, <a +href="#Page_195">195</a>, <a href="#Page_200">200</a>, <a +href="#Page_206">206</a>, <a href="#Page_245">245</a>, <a +href="#Page_265"><b>265</b></a>, <a href="#Page_272"><b>272</b></a>, <a +href="#Page_274">274</a>, <a href="#Page_378">378</a>, <a +href="#Page_389">389</a>, <a href="#Page_404">404</a>; + +<ul class="IX"><li>§ 25 (b), <a href="#Page_476">476</a>; § 25 (e), <a +href="#Page_477">477</a>;</li> + +<li>E. § 6, <a href="#Page_522">522</a>; § 8, <a +href="#Page_523">523</a>;</li> + +<li>C. § 8, <a href="#Page_561">561</a>;</li> + +<li>Au. <a href="#Page_146">146</a>, <a href="#Page_591">591</a>.</li> + +<li><i>See also</i> Penalties.</li></ul></li> + +<li>Dances. <i>See</i> Choregraphic works.</li> + +<li>Danish West Indies. <i>See</i> Denmark.</li> + +<li>Date. <i>See</i> Notice, Publication.</li> + +<li>Daude, <a href="#Page_461">461</a>.</li> + +<li>Davis, J. Howlett, <a href="#Page_220">220</a>.</li> + +<li>Davis <i>v.</i> Benjamin (1906), <a href="#Page_73">73</a>.</li> + +<li>Day, Justice, <a href="#Page_56">56</a>.</li> + +<li>De Jonge <i>v.</i> Breuker & Kessler (1910), <a +href="#Page_237">237</a>, <a href="#Page_242">242</a>.</li> + +<li>Death. <i>See</i> Heirs, Joint authorship, Term.</li> + +<li>Deception. <i>See</i> Fraud, Intent.</li> + +<li>Decorative borders, <a href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 16, <a +href="#Page_499"><b>499</b></a>.</li></ul></li> + +<li>Dedication, multiplying copies not, <a href="#Page_4">4</a>. + +<ul class="IX"><li><i>See</i> also Public domain, +Publication.</li></ul></li> + +<li>Definitions in laws, § 62, <a href="#Page_488">488</a>; + +<ul class="IX"><li>E. § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>.</li> + +<li><i>See also</i> specific subjects.</li></ul></li> + +<li>Deliver, right to, <a href="#Page_42">42</a>, <a +href="#Page_45">45</a>, <a href="#Page_59"><b>59</b></a>, <a +href="#Page_61">61</a>, <a href="#Page_91">91</a>, <a +href="#Page_376">376</a>, <a href="#Page_393">393</a>; + +<ul class="IX"><li>§ 1 (c), <a href="#Page_465">465</a>;</li> + +<li>E. § 1, <a href="#Page_518">518</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>;</li> + +<li>Au. § 15, <a href="#Page_584">584</a>.</li> + +<li><i>See also</i> Oral work.</li></ul></li> + +<li>Delivery. <i>See</i> Deposit, Forfeiture, Oral work, Publication.</li> + +<li>Denmark, <a href="#Page_111">111</a>, <a href="#Page_124">124</a>, <a +href="#Page_197">197</a>, <a href="#Page_200">200</a>, <a +href="#Page_248">248</a>, <a href="#Page_321">321</a>, <a +href="#Page_323">323</a>, <a href="#Page_330">330</a>, <a +href="#Page_340">340</a>, <a href="#Page_402">402</a>, <a +href="#Page_407"><b>407</b></a>.</li> + +<li>Deposit copies, <a href="#Page_142"><b>142</b></a>, <a +href="#Page_166">166</a>, <a href="#Page_226"><b>226</b></a>, <a +href="#Page_305">305</a>, <a href="#Page_306">306</a>; + +<ul class="IX"><li>§ 11, § 12, <a href="#Page_470">470</a>; § 59, § 60, <a +href="#Page_486">486</a>;</li> + +<li>R. § 3, <a href="#Page_495">495</a>; § 18, <a +href="#Page_499">499</a>; § 22, <a href="#Page_500">500</a>;</li> + +<li>failure to, <a href="#Page_36">36</a>, <a href="#Page_121">121</a>, <a +href="#Page_142">142</a>, <a href="#Page_144">144</a>, <a +href="#Page_150">150</a>, <a href="#Page_152">152</a>, <a +href="#Page_199">199</a>, <a href="#Page_396">396</a>, <a +href="#Page_407">407</a>, <a href="#Page_429">429</a>; + +<ul class="IX"><li>§ 13, <a href="#Page_470">470</a>;</li></ul></li> + +<li>history, <a href="#Page_15">15-18</a>, <a href="#Page_22">22</a>, <a +href="#Page_24">24</a>, <a href="#Page_27">27</a>, <a +href="#Page_28">28</a>, <a href="#Page_36">36</a>, <a +href="#Page_37">37</a>;</li> + +<li>in British Empire, <a href="#Page_150">150</a>, <a +href="#Page_189">189</a>, <a href="#Page_373">373</a>, <a +href="#Page_378">378</a>, <a href="#Page_383">383-97</a>; + +<ul class="IX"><li>E. § 15, <a href="#Page_527">527</a>; § 29, <a +href="#Page_539">539</a>;</li> + +<li>C. § 26, § 27, <a href="#Page_568">568</a>;</li> + +<li>Au. § 75, <a href="#Page_601">601</a>;</li></ul></li> + +<li>in mails, <a href="#Page_36">36</a>, <a href="#Page_145">145</a>; + +<ul class="IX"><li>R. § 39, <a href="#Page_507">507</a>;</li></ul></li> + +<li>in other countries, <a href="#Page_151">151</a>, <a +href="#Page_399">399-429</a>;</li> + +<li>insufficient, <a href="#Page_145">145</a>; + +<ul class="IX"><li>R. § 18, <a href="#Page_500">500</a>;</li></ul></li> + +<li>interim, <a href="#Page_146">146</a>, <a href="#Page_366">366</a>; + +<ul class="IX"><li>§ 21, <a href="#Page_474">474</a>;</li> + +<li>R. § 38, <a href="#Page_507">507</a>;</li></ul></li> + +<li>Pan Amer. <a href="#Page_333">333</a>, P. <a href="#Page_638">638</a>, +<a href="#Page_643">643</a>;</li> + +<li>periodical contribution, <a href="#Page_138">138</a>, <a +href="#Page_143">143</a>; + +<ul class="IX"><li>§ 12, <a href="#Page_470">470</a>;</li></ul></li> + +<li>precedent to suit, <a href="#Page_24">24</a>, <a +href="#Page_399">399</a>, <a href="#Page_416">416</a>; + +<ul class="IX"><li>Au. § 74, <a href="#Page_600">600</a>;</li></ul></li> + +<li>receipts for, <a href="#Page_136">136</a>, <a +href="#Page_145">145</a>, <a href="#Page_303">303</a>; + +<ul class="IX"><li>§ 14, <a href="#Page_471">471</a>; § 55, <a +href="#Page_484">484</a>;</li> + +<li>R. § 39, <a href="#Page_507">507</a>;</li></ul></li> + +<li>unpublished works, <a href="#Page_86">86</a>, <a +href="#Page_143">143</a>, <a href="#Page_144">144</a>, <a +href="#Page_166">166</a>, <a href="#Page_225">225</a>, <a +href="#Page_226">226</a>; + +<ul class="IX"><li>§ 11, § 12, <a href="#Page_470">470</a>;</li> + +<li>R. § 18, <a href="#Page_499">499</a>; § 19, <a +href="#Page_500">500</a>.</li></ul></li> + +<li><i>See also</i> Copyright deposits, Library.</li></ul></li> + +<li>Descriptions as deposit, <a href="#Page_70">70</a>, <a +href="#Page_114">114</a>, <a href="#Page_162">162</a>, <a +href="#Page_236">236</a>, <a href="#Page_238">238</a>, <a +href="#Page_388">388</a>, <a href="#Page_390">390</a>, <a +href="#Page_391">391</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>; § 8, <a +href="#Page_497"><b>497</b></a>;</li> + +<li>C. § 26, <a href="#Page_568">568</a>.</li></ul></li> + +<li>Designs, <a href="#Page_27">27</a>, <a href="#Page_29">29</a>, <a +href="#Page_33">33</a>, <a href="#Page_36">36</a>, <a +href="#Page_42">42</a>, <a href="#Page_46">46</a>, <a +href="#Page_63">63</a>, <a href="#Page_70">70</a>, <a +href="#Page_76">76</a>, <a href="#Page_93"><b>93</b></a>, <a +href="#Page_127">127</a>, 223-<a href="#Page_26">26</a>, <a +href="#Page_229">229</a>, <a href="#Page_242">242</a>, <a +href="#Page_248">248</a>, <a href="#Page_376">376</a>, <a +href="#Page_386">386</a>; + +<ul class="IX"><li>§ 1 (b), <a href="#Page_465">465</a>; § 5 (g), <a +href="#Page_468">468</a>; § 18, <a href="#Page_472">472</a>;</li> + +<li>R. § 14, <a href="#Page_498">498</a>; § 20, <a +href="#Page_500">500</a>;</li> + +<li>E. § 22, <a href="#Page_534">534</a>;</li> + +<li>C. § 32, <a href="#Page_570">570</a>;</li> + +<li>I. <a href="#Page_603a">603</a>;</li> + +<li>P. <a href="#Page_637">637</a>;</li> + +<li>acts, <a href="#Page_27">27</a>, <a href="#Page_29">29</a>, <a +href="#Page_189">189</a>.</li></ul></li> + +<li>Destruction of infringing copies, <a href="#Page_11">11</a>, <a +href="#Page_266">266</a>, <a href="#Page_268">268</a>, <a +href="#Page_277">277</a>, <a href="#Page_279">279</a>, <a +href="#Page_282">282</a>, <a href="#Page_283">283</a>; + +<ul class="IX"><li>§ 25 (d), <a href="#Page_476">476</a>; § 32, <a +href="#Page_480">480</a>;</li> + +<li>E. § 9, <a href="#Page_524">524</a>; § 11, <a +href="#Page_525">525</a>, <a href="#Page_550">550</a>;</li> + +<li>C. § 10, <a href="#Page_562">562</a>; § 13, <a +href="#Page_563">563</a>; § 14 (3), <a href="#Page_564">564</a>; § 21, <a +href="#Page_566">566</a>;</li> + +<li>Au. § 52, <a href="#Page_593">593</a>; § 56, <a +href="#Page_596">596</a>;</li> + +<li>accidental, <a href="#Page_432">432</a>, <a href="#Page_438">438</a>, +<a href="#Page_444">444</a>, <a href="#Page_449">449</a>.</li></ul></li> + +<li>Diagrams, <a href="#Page_69">69</a>, <a href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 11, <a href="#Page_498">498</a>;</li> + +<li>Au. § 4, <a href="#Page_581">581</a>.</li></ul></li> + +<li>Dialects, translation into other, <a href="#Page_42">42</a>, <a +href="#Page_58">58</a>, <a href="#Page_407">407</a>, <a +href="#Page_409">409</a>; + +<ul class="IX"><li>§ 1 (b), <a href="#Page_465">465</a>.</li></ul></li> + +<li><a name="Page_687" id="Page_687"></a><span class="pagenum">[Pg +687]</span> Dialogue in drama, <a href="#Page_171">171</a>, <a +href="#Page_173">173</a>, <a href="#Page_175">175</a>, <a +href="#Page_176">176</a>, <a href="#Page_191">191</a>.</li> + +<li>Diaries, blank, noncopr., <a href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Dickens, C., <a href="#Page_346">346</a>, <a +href="#Page_348">348</a>.</li> + +<li>Dicks <i>v.</i> Yates (1881), <a href="#Page_83">83</a>.</li> + +<li>Dictionaries, <a href="#Page_69">69</a>; + +<ul class="IX"><li>E. § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 30, <a href="#Page_569">569</a>.</li></ul></li> + +<li>Dielman <i>v.</i> White (1900), <a href="#Page_234">234</a>.</li> + +<li>Digests. <i>See</i> Law digests.</li> + +<li>Directions, noncopr., <a href="#Page_71">71</a>, <a +href="#Page_208">208</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Directories, <a href="#Page_63">63</a>, <a href="#Page_69">69</a>, <a +href="#Page_71">71</a>, <a href="#Page_81"><b>81</b></a>, <a +href="#Page_255">255</a>, <a href="#Page_257">257</a>, <a +href="#Page_274">274</a>, <a href="#Page_275">275</a>; + +<ul class="IX"><li>§ 5 (a), <a href="#Page_467">467</a>;</li> + +<li>R. § 4, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Disks. <i>See</i> Mechanical instruments.</li> + +<li>Distribution. <i>See</i> Publication.</li> + +<li>Doan <i>v.</i> Amer. Book Co. (1901), <a +href="#Page_263">263</a>.</li> + +<li>Documents, legal, copr., <a href="#Page_72">72</a>; + +<ul class="IX"><li>public, noncopr. <a href="#Page_72">72</a>;</li> + +<li>§ 7, <a href="#Page_468">468</a>.</li> + +<li><i>See also</i> Government publications.</li></ul></li> + +<li>Dodd <i>v.</i> Smith (1891), <a href="#Page_263">263</a>.</li> + +<li>Dodge <i>v.</i> Allied Arts Co. (1903), <a +href="#Page_245">245</a>.</li> + +<li>Dolls, noncopr., <a href="#Page_72">72</a>, <a +href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 12, <a href="#Page_498">498</a>.</li></ul></li> + +<li>Domicile. <i>See</i> Residence.</li> + +<li>Dominican Republic, <a href="#Page_62">62</a>, <a +href="#Page_124">124</a>, <a href="#Page_332">332</a>, <a +href="#Page_334">334</a>, <a href="#Page_424"><b>424</b></a>, <a +href="#Page_643">643</a>, <a href="#Page_652">652</a>.</li> + +<li>Donaldson <i>v.</i> Becket (1774), <a href="#Page_7">7</a>, <a +href="#Page_25">25</a>, <a href="#Page_41">41</a>.</li> + +<li>Dorsheimer, Wm., bill (1884), <a href="#Page_356">356</a>, <a +href="#Page_357">357</a>.</li> + +<li>Dramatic work, <a href="#Page_162"><b>162-201</b></a>, <a +href="#Page_375">375</a>, <a href="#Page_387">387</a>; + +<ul class="IX"><li>E. § 1, <a href="#Page_517">517</a>;</li> + +<li>C. § 3, <a href="#Page_557">557</a>;</li> + +<li>classification and definition, <a href="#Page_63">63</a>, <a +href="#Page_162">162</a>, <a href="#Page_175">175</a>, <a +href="#Page_318">318</a>, <a href="#Page_326">326</a>, <a +href="#Page_332">332</a>, <a href="#Page_393">393</a>; + +<ul class="IX"><li>§ 5 (d), <a href="#Page_468">468</a>;</li> + +<li>R. § 8, <a href="#Page_497">497</a>;</li> + +<li>E. § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_637">637</a>, <a +href="#Page_649">649</a>;</li></ul></li> + +<li>acts, <a href="#Page_27">27</a>, <a href="#Page_30">30</a>, <a +href="#Page_37">37</a>, <a href="#Page_39">39</a>, <a +href="#Page_182">182</a>, <a href="#Page_398">398</a>;</li> + +<li>excepted from manufacturing clause, <a href="#Page_70">70</a>, <a +href="#Page_155">155</a>, <a href="#Page_167"><b>167</b></a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>;</li></ul></li> + +<li>formalities, <a href="#Page_86">86</a>, <a href="#Page_119">119</a>, +<a href="#Page_127">127</a>, <a href="#Page_139">139</a>, <a +href="#Page_144">144</a>, <a href="#Page_150">150</a>, <a +href="#Page_166">166</a>, <a href="#Page_168">168</a>, <a +href="#Page_189">189</a>, <a href="#Page_393">393</a>, <a +href="#Page_396">396</a>, <a href="#Page_406">406</a>; + +<ul class="IX"><li>§ 11, <a href="#Page_470">470</a>; § 18, <a +href="#Page_472">472</a>;</li> + +<li>R. § 18, <a href="#Page_499">499</a>;</li> + +<li>C. § 26, <a href="#Page_568">568</a>;</li> + +<li>Au. § 13, § 14, <a href="#Page_584">584</a>, § 32, <a +href="#Page_588">588</a>;</li></ul></li> + +<li>infringement, <a href="#Page_195">195</a>, <a +href="#Page_266">266</a>, <a href="#Page_267">267</a>, <a +href="#Page_394">394</a>; + +<ul class="IX"><li>§ 25 (b), <a href="#Page_476">476</a>;</li> + +<li>E. § 2 (3) <a href="#Page_520">520</a>;</li> + +<li>Au. § 46, <a href="#Page_591">591</a>; § 51, <a +href="#Page_593">593</a>;</li></ul></li> + +<li>manufacture, <a href="#Page_168">168</a>;</li> + +<li>performance, <a href="#Page_59">59</a>, <a href="#Page_165">165</a>, +<a href="#Page_183">183</a>, <a href="#Page_185">185</a>, <a +href="#Page_319">319</a>, <a href="#Page_322">322</a>, <a +href="#Page_327">327</a>, <a href="#Page_394">394</a>; + +<ul class="IX"><li>R. § 23, <a href="#Page_500">500</a>;</li> + +<li>E. § 1 (3), <a href="#Page_518">518</a>, § 2 (3), <a +href="#Page_520">520</a>;</li> + +<li>I. <a href="#Page_608b">608</a>;</li></ul></li> + +<li>prior publication, <a href="#Page_183">183</a>, <a +href="#Page_185">185</a>;</li> + +<li>special rights, <a href="#Page_42">42</a>, <a href="#Page_43">43</a>, +<a href="#Page_45">45</a>, <a href="#Page_61">61</a>, <a +href="#Page_63">63</a>, <a href="#Page_162">162</a>, <a +href="#Page_163">163</a>, <a href="#Page_169">169</a>, <a +href="#Page_197">197</a>, <a href="#Page_322">322</a>, <a +href="#Page_376">376</a>; + +<ul class="IX"><li>§ 1 (b), <a href="#Page_465">465</a>;</li> + +<li>E. § 1, <a href="#Page_517">517</a>, <a href="#Page_518">518</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>;</li> + +<li>Au. § 13, <a href="#Page_14">14</a>, <a href="#Page_584">584</a>;</li> + +<li>I. <a href="#Page_613b">613</a>, <a +href="#Page_614b">614</a>;</li></ul></li> + +<li>unpublished, <a href="#Page_119">119</a>, <a +href="#Page_186">186</a>.</li> + +<li><i>See also</i> License, Mechanical reproduction, +Performance.</li></ul></li> + +<li>Dramatico-musical works, <a href="#Page_70">70</a>, <a +href="#Page_155">155</a>, <a href="#Page_139">139</a>, <a +href="#Page_162"><b>162-201</b></a>, <a href="#Page_319">319</a>, <a +href="#Page_322">322</a>, <a href="#Page_326">326</a>, <a +href="#Page_327">327</a>; + +<ul class="IX"><li>§ 5 (d), <a href="#Page_468">468</a>;</li> + +<li>R. § 8, § 9, <a href="#Page_497">497</a>;</li> + +<li>I. <a href="#Page_603b">603</a>, <a href="#Page_604b">604</a>, <a +href="#Page_608b">608</a>, <a href="#Page_613b">613</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_649">649</a>;</li> + +<li>infringement, <a href="#Page_195">195</a>, <a +href="#Page_266">266</a>, <a href="#Page_267">267</a>, <a +href="#Page_476">476</a>; + +<ul class="IX"><li>§ 25 (b), <a href="#Page_476">476</a>; § 28, <a +href="#Page_478">478</a>.</li></ul></li> + +<li><i>See also</i> Dramatic, Mechanical reproduction, +Musical.</li></ul></li> + +<li>Dramatize, right to, <a href="#Page_42">42</a>, <a +href="#Page_45">45</a>, <a href="#Page_47">47</a>, <a +href="#Page_58">58</a>, <a href="#Page_61">61</a>, <a +href="#Page_63">63</a>, <a href="#Page_163">163</a>, <a +href="#Page_169"><b>169</b></a>, <a href="#Page_170">170-72</a>, <a +href="#Page_322">322</a>, <a href="#Page_376">376</a>, <a +href="#Page_392">392</a>, <a href="#Page_398">398-429</a>; + +<ul class="IX"><li>§ 1 (b), <a href="#Page_465">465</a>;</li> + +<li>E. § 1, <a href="#Page_518">518</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>;</li> + +<li>I. <a href="#Page_614b">614</a>.</li></ul></li> + +<li>Dramatization, <a href="#Page_64">64</a>, <a href="#Page_170">170</a>, +<a href="#Page_172">172</a>, <a href="#Page_174">174</a>, <a +href="#Page_176">176</a>, <a href="#Page_328">328</a>, <a +href="#Page_398">398-429</a>, <a href="#Page_431">431</a>; + +<ul class="IX"><li>§ 1 (b), <a href="#Page_465">465</a>; § 6, <a +href="#Page_468">468</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>;</li> + +<li>I. <a href="#Page_614b">614</a>.</li></ul></li> + +<li>Drawings, <a href="#Page_8">8</a>, <a href="#Page_29">29</a>, <a +href="#Page_37">37</a>, <a href="#Page_64">64</a>, <a +href="#Page_223">223</a>, <a href="#Page_224"><b>224</b></a>, <a +href="#Page_229">229</a>, <a href="#Page_242">242</a>, <a +href="#Page_246">246</a>, <a href="#Page_247">247</a>, <a +href="#Page_248">248</a>, <a href="#Page_250">250</a>, <a +href="#Page_326">326</a>, <a href="#Page_332">332</a>, <a +href="#Page_376">376</a>, <a href="#Page_388">388</a>; + +<ul class="IX"><li>§ 5 (i), <a href="#Page_468">468</a>; § 18, <a +href="#Page_472">472</a>;</li> + +<li>R. § 11, § 12, § 14, <a href="#Page_498">498</a>;</li> + +<li>E. § 2, <a href="#Page_518">518</a>, § 35, <a +href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>; § 4, <a +href="#Page_558">558</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_637">637</a>, <a +href="#Page_649">649</a>.</li> + +<li><i>See also</i> Artistic work.</li></ul></li> + +<li><i>Droit d'Auteur</i>, <a href="#Page_330">330</a>, <a +href="#Page_462">462</a>.</li> + +<li>Drone, Eaton S., <a href="#Page_41">41</a>, <a href="#Page_69">69</a>, +<a href="#Page_76">76</a>, <a href="#Page_77">77</a>, <a +href="#Page_80">80</a>, <a href="#Page_95">95</a>, <a +href="#Page_455">455</a>.</li> + +<li>Drummond <i>v.</i> Altemus (1894), <a href="#Page_264">264</a>.</li> + +<li>Drury <i>v.</i> Ewing (1862), <a href="#Page_69">69</a>.</li> + +<li>Dublin University. <i>See</i> University deposit.</li> + +<li>Duck <i>v.</i> Bates (1884), <a href="#Page_186">186</a>.</li> + +<li>Duck <i>v.</i> Mayen (1892), <a href="#Page_190">190</a>.</li> + +<li>Dumb show, E. § 35 (1), <a href="#Page_542">542</a>.</li> + +<li>Duration of copr., <a href="#Page_114"><b>114-124</b></a>. + +<ul class="IX"><li><i>See</i> Term.</li></ul></li> + +<li>Dürer, Albert, <a href="#Page_11">11</a>, <a +href="#Page_12">12</a>.</li> + +<li>Dutch colonies, <a href="#Page_401">401</a>. <i>See also</i> +Holland.</li> + +<li>Duties. <i>See</i> Customs.</li> + +<li>Dutton <i>v.</i> Cupples & Leon (1907), <a +href="#Page_263">263</a>.</li> + +<li>Dwight <i>v.</i> Appleton (1840), <a href="#Page_133">133</a>.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_E"></a>Easton, J. M., <a href="#Page_458">458</a>.</li> + +<li><i>Écrivains</i>, <a href="#Page_10">10</a>.</li> + +<li>Ecuador, <a href="#Page_94">94</a>, <a href="#Page_323">323</a>, <a +href="#Page_332">332</a>, <a href="#Page_428"><b>428</b></a>, <a +href="#Page_643">643</a>, <a href="#Page_652">652</a>.</li> + +<li>Eddy, Mrs. Mary Baker G., <a href="#Page_452">452</a>.</li> + +<li>Edinburgh University. <i>See</i> University deposit.</li> + +<li>Edison, <a href="#Page_216">216</a>, <a href="#Page_221">221</a>.</li> + +<li>Edison <i>v.</i> Lubin (1903), <a href="#Page_242">242</a>.</li> + +<li><i>Édition partagée</i>, <a href="#Page_46">46</a>.</li> + +<li>Editions, new, <a href="#Page_65">65</a>, <a +href="#Page_75"><b>75</b></a>, <a href="#Page_83">83</a>, <a +href="#Page_134"><b>134</b></a>, <a href="#Page_139">139</a>, <a +href="#Page_170">170</a>, <a href="#Page_312">312</a>, <a +href="#Page_445">445</a>; + +<ul class="IX"><li>§ 6, <a href="#Page_468">468</a>;</li> + +<li>E. § 15 (7), <a href="#Page_527">527</a>;</li> + +<li>Au. § 27, <a href="#Page_587">587</a>;</li> + +<li>publishing, <a href="#Page_431">431</a>, <a href="#Page_445">445</a>, +<a href="#Page_446">446</a>.</li></ul></li> + +<li>Editor. <i>See</i> Author, Proprietor.</li> + +<li>Edmunds & Bentwich, <a href="#Page_459">459</a>.</li> + +<li>Education, works for, <a href="#Page_12">12</a>, <a +href="#Page_60">60</a>, <a href="#Page_164">164</a>, <a +href="#Page_264">264</a>, <a href="#Page_275">275</a>, <a +href="#Page_279">279</a>, <a href="#Page_281">281</a>, <a +href="#Page_290">290</a>, <a href="#Page_334">334</a>, <a +href="#Page_337">337</a>, <a href="#Page_377">377</a>; + +<ul class="IX"><li>§ 28, § 31, <a href="#Page_478">478</a>;</li> + +<li>E. § 2, <a href="#Page_518">518</a>;</li> + +<li>I. <a href="#Page_613b"><b>613</b></a>;</li> + +<li>P. <a href="#Page_639"><b>639</b></a>, <a +href="#Page_651">651</a>.</li></ul></li> + +<li>Eggleston, E., <a href="#Page_356">356</a>.</li> + +<li><a name="Page_688" id="Page_688"></a><span class="pagenum">[Pg +688]</span>Egypt, <a href="#Page_62">62</a>, <a href="#Page_124">124</a>, +<a href="#Page_201">201</a>, <a href="#Page_418"><b>418</b></a>.</li> + +<li>Elderkin, J., <a href="#Page_352">352</a>.</li> + +<li>Eldon, Ld. Chancellor, <a href="#Page_256">256</a>.</li> + +<li>Election reports, <a href="#Page_89">89</a>.</li> + +<li>Electrotype, <a href="#Page_235">235</a>.</li> + +<li>Eliot <i>v.</i> Jones (1910), <a href="#Page_85">85</a>.</li> + +<li>Ellis <i>v.</i> Hurst (1910), <a href="#Page_98">98</a>.</li> + +<li>Ellis <i>v.</i> Marshall (1895), <a href="#Page_239">239</a>.</li> + +<li>Ellis <i>v.</i> Ogden (1894), <a href="#Page_239">239</a>.</li> + +<li>Embroideries noncopr., <a href="#Page_72">72</a>, <a +href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 12, <a +href="#Page_498"><b>498</b></a>.</li></ul></li> + +<li>Employer, <a href="#Page_78">78</a>, <a href="#Page_80">80</a>, <a +href="#Page_95">95</a>, <a href="#Page_97"><b>97</b></a>, <a +href="#Page_99">99</a>, <a href="#Page_104">104</a>, <a +href="#Page_111">111</a>, <a href="#Page_115">115</a>, <a +href="#Page_137">137</a>, <a href="#Page_188"><b>188</b></a>, <a +href="#Page_193">193</a>, <a href="#Page_238"><b>238</b></a>, <a +href="#Page_271">271</a>, <a href="#Page_378">378</a>, <a +href="#Page_393">393</a>, <a href="#Page_404">404</a>, <a +href="#Page_443">443</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>; § 62, <a +href="#Page_488">488</a>;</li> + +<li>R. § 30, <a href="#Page_503">503</a>;</li> + +<li>E. § 5, <a href="#Page_521">521</a>;</li> + +<li>C. § 4 (2), <a href="#Page_559">559</a>; § 7, <a +href="#Page_560">560</a>; § 13, <a href="#Page_562">562</a>;</li> + +<li>Au. § 21, <a href="#Page_587">587</a>; §§ 38-40, <a +href="#Page_591">591</a>.</li> + +<li><i>See also</i> Author, Proprietor.</li></ul></li> + +<li>Encyclopædia Britannica, <a href="#Page_454">454</a>. + +<ul class="IX"><li><i>See also</i> Cyclopædic works.</li></ul></li> + +<li>Encyclopædia Britannica Co. <i>v.</i> Tribune Assoc. (1904), <a +href="#Page_261">261</a>; + +<ul class="IX"><li>other cases, <a +href="#Page_261">261</a>.</li></ul></li> + +<li>Engineering work, designs for, <a href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 14, <a href="#Page_498">498</a>.</li></ul></li> + +<li>England. <i>See</i> British.</li> + +<li>English, W. E., bill (1885), <a href="#Page_358">358</a>.</li> + +<li>Engraver as author, <a href="#Page_239">239</a>; + +<ul class="IX"><li>Au. § 40, <a href="#Page_590">590</a>.</li> + +<li><i>See</i> also Author.</li></ul></li> + +<li>Engravings, <a href="#Page_11">11</a>, <a href="#Page_14">14</a>, <a +href="#Page_36">36</a>, <a href="#Page_67">67</a>, <a +href="#Page_73">73</a>, <a href="#Page_76">76</a>, <a +href="#Page_113">113</a>, <a href="#Page_150">150</a>, <a +href="#Page_223">223</a>, <a href="#Page_234">234</a>, <a +href="#Page_240">240</a>, <a href="#Page_244">244</a>, <a +href="#Page_247">247</a>, <a href="#Page_248">248</a>, <a +href="#Page_250">250</a>, <a href="#Page_288">288</a>, <a +href="#Page_315">315</a>, <a href="#Page_326">326</a>, <a +href="#Page_332">332</a>, <a href="#Page_376">376</a>; + +<ul class="IX"><li>R. § 13, <a href="#Page_498">498</a>;</li> + +<li>E. § 1 (3), § 2, <a href="#Page_518">518</a>; § 5, <a +href="#Page_521">521</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>, § 3 (2), <a +href="#Page_557">557</a>; § 4, <a href="#Page_558">558</a>; § 7, <a +href="#Page_560">560</a>; § 26, <a href="#Page_568">568</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_637">637</a>, <a +href="#Page_649">649</a>;</li> + +<li>copr. acts, <a href="#Page_27">27</a>, <a href="#Page_28">28</a>, <a +href="#Page_36">36</a>, <a href="#Page_238">238</a>, <a +href="#Page_240">240</a>, <a href="#Page_246">246</a>.</li> + +<li><i>See also</i> Prints; Photo-engravings.</li></ul></li> + +<li>Enoch <i>v.</i> <i>Société des phonographes et gramophones</i> (1903), +<a href="#Page_212">212</a>.</li> + +<li>Entertainment. <i>See</i> Dramatic work.</li> + +<li>Entry. <i>See</i> Application, Registration.</li> + +<li>Epitome. <i>See</i> Abridgment.</li> + +<li>Equity, principles of, <a href="#Page_44">44</a>, <a +href="#Page_86">86</a>, <a href="#Page_100">100</a>, <a +href="#Page_178">178</a>, <a href="#Page_253">253</a>, <a +href="#Page_258">258</a>; + +<ul class="IX"><li>§ 2, <a href="#Page_467">467</a>.</li> + +<li><i>See also</i> Common law.</li></ul></li> + +<li>Errors in affidavit, <a href="#Page_157">157</a>; + +<ul class="IX"><li>R. § 33, <a href="#Page_505">505</a>;</li> + +<li>in copr. notice, <a href="#Page_128">128</a>;</li> + +<li>common proof by, <i>see</i> Infringement.</li></ul></li> + +<li>Esperson, Pietro, <a href="#Page_461">461</a>.</li> + +<li>Estes <i>v.</i> Williams (1884), <a href="#Page_83">83</a>.</li> + +<li>Estes <i>v.</i> Worthington (1887), <a href="#Page_84">84</a>, <a +href="#Page_261">261</a>.</li> + +<li>Etchings. <i>See</i> Engravings.</li> + +<li>Evarts, W. M., <a href="#Page_50">50</a>, <a +href="#Page_353">353</a>.</li> + +<li>Everett, E: <a href="#Page_347">347</a>.</li> + +<li>Everson <i>v.</i> Young (1889), <a href="#Page_72">72</a>, <a +href="#Page_96">96</a>.</li> + +<li>Evidence, certified, C. § 36, § 37, <a href="#Page_574">574</a>; + +<ul class="IX"><li><i>prima facie</i>, <a href="#Page_83">83</a>, <a +href="#Page_100">100</a>, <a href="#Page_137">137</a>, <a +href="#Page_150">150</a>, <a href="#Page_300">300</a>, <a +href="#Page_304">304</a>, <a href="#Page_305">305</a>, <a +href="#Page_378">378</a>;</li> + +<li>§ 55, <a href="#Page_484">484</a>; § 56, <a +href="#Page_485">485</a>;</li> + +<li>E. § 6, <a href="#Page_523">523</a>; § 17, <a +href="#Page_529">529</a>;</li> + +<li>Au. § 69, <a href="#Page_599">599</a>.</li> + +<li><i>See also</i> Certificate, Name.</li></ul></li> + +<li>Exchange of copr. deposits, <a href="#Page_298">298</a>, <a +href="#Page_305">305</a>; + +<ul class="IX"><li>§ 59, <a href="#Page_486">486</a>.</li></ul></li> + +<li>Exchange Telegraph <i>v.</i> Gregory (1895), <a +href="#Page_89">89</a>.</li> + +<li>Execution, copr. not subject to, <a href="#Page_47">47</a>. + +<ul class="IX"><li><i>See also</i> Bankruptcy.</li></ul></li> + +<li>Executor of author, <a href="#Page_23">23</a>, <a +href="#Page_95">95</a>, <a href="#Page_102">102</a>, <a +href="#Page_104">104</a>, <a href="#Page_115">115</a>, <a +href="#Page_116">116</a>; + +<ul class="IX"><li>§ 8, <a href="#Page_469">469</a>; § 23, <a +href="#Page_474">474</a>; § 24, <a href="#Page_475">475</a>;</li> + +<li>R. § 2, <a href="#Page_495">495</a>; § 46, <a +href="#Page_509">509</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>.</li> + +<li><i>See also</i> Heirs.</li></ul></li> + +<li>Exhibition, <a href="#Page_42">42</a>, <a href="#Page_45">45</a>, <a +href="#Page_222">222</a>, <a href="#Page_224"><b>224</b></a>, <a +href="#Page_231"><b>231</b></a>, <a href="#Page_235">235</a>, <a +href="#Page_238">238</a>, <a href="#Page_239">239</a>, <a +href="#Page_250">250</a>, <a href="#Page_322">322</a>, <a +href="#Page_327">327</a>, <a href="#Page_376">376</a>, <a +href="#Page_404">404</a>; + +<ul class="IX"><li>E. § 1 (3), <a href="#Page_518">518</a>; § 11, <a +href="#Page_524">524</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>; § 4, <a href="#Page_559">559</a>; +§ 11, <a href="#Page_524">524</a>;</li> + +<li>I. 608, <a href="#Page_618b">618</a>;</li> + +<li>P. 640, <a href="#Page_652">652</a>.</li> + +<li><i>See also</i> Artistic work.</li></ul></li> + +<li>Existing copr., <a href="#Page_116">116</a>, <a +href="#Page_319">319</a>, <a href="#Page_320">320</a>, <a +href="#Page_329a">329</a>, <a href="#Page_377">377</a>; + +<ul class="IX"><li>§ 24, <a href="#Page_475">475</a>;</li> + +<li>E. § 3, <a href="#Page_520">520</a>; § 19 (7), <a +href="#Page_532">532</a>, (8), <a href="#Page_533">533</a>; § 29, <a +href="#Page_539">539</a>, <a href="#Page_545">545</a>;</li> + +<li>C. § 33, <a href="#Page_571">571</a>, <a +href="#Page_577">577</a>;</li> + +<li>I. <a href="#Page_619b">619</a>, <a href="#Page_620b">620</a>.</li> + +<li><i>See also</i> Extension, Rights, Schedules.</li></ul></li> + +<li>Expositions, exhibits at, <a href="#Page_29">29</a>, <a +href="#Page_38">38</a>.</li> + +<li>Extension of copr., <a href="#Page_116"><b>116</b></a>, <a +href="#Page_117"><b>117</b></a>, <a href="#Page_140">140</a>, <a +href="#Page_141">141</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_475">475</a>; § 24, <a +href="#Page_475">475</a>; § 61, <a href="#Page_487">487</a>;</li> + +<li>R. § 46-48, <a href="#Page_509">509</a>.</li> + +<li><i>See also</i> Renewal, Term.</li></ul></li> + +<li>Extracts, use of, <a href="#Page_198">198</a>, <a +href="#Page_211">211</a>, <a href="#Page_264">264</a>, <a +href="#Page_319">319</a>, <a href="#Page_328">328</a>, <a +href="#Page_334">334</a>, <a href="#Page_337">337</a>, <a +href="#Page_377">377</a>, <a href="#Page_404">404</a>, <a +href="#Page_438">438</a>; + +<ul class="IX"><li>E. § 2, <a href="#Page_519">519</a>;</li> + +<li>I. <a href="#Page_613b">613</a>;</li> + +<li>P. <a href="#Page_639">639</a>, <a href="#Page_651">651</a>.</li> + +<li><i>See also</i> Quotation.</li></ul></li> + +<li>Extraterritorial notice, <a href="#Page_133">133</a>.</li> + +<li>Eyre <i>v.</i> Walker (1735), <a href="#Page_24">24</a>.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_F"></a>Fabrics, woven, noncopr., <a +href="#Page_72">72</a>, <a href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 12, <a href="#Page_498">498</a>.</li></ul></li> + +<li>Failure to deposit, translate, etc. <i>See</i> Deposit, Translate, +etc.</li> + +<li>"Fair use," <a href="#Page_91">91</a>, <a href="#Page_173">173</a>, <a +href="#Page_174">174</a>, <a href="#Page_190">190</a>, <a +href="#Page_251">251-64</a>; + +<ul class="IX"><li>Au. § 28, <a href="#Page_587">587</a>;</li> + +<li>P. <a href="#Page_640">640</a>, <a href="#Page_651">651</a>.</li> + +<li><i>See also</i> Infringement, Quotation.</li></ul></li> + +<li>Falk <i>v.</i> Brett (1891), <a href="#Page_241">241</a>.</li> + +<li>Falk <i>v.</i> Curtis Pub. Co. (1900), <a +href="#Page_273">273</a>.</li> + +<li>Falk <i>v.</i> Donaldson Lith. Co. (1893), <a +href="#Page_244">244</a>.</li> + +<li>Falk <i>v.</i> Gast (1891, '93), <a href="#Page_235">235</a>, <a +href="#Page_236">236</a>, <a href="#Page_241">241</a>.</li> + +<li>Falk <i>v.</i> Heffron (1893), <a href="#Page_271">271</a>.</li> + +<li>False affidavit, entry, notice. <i>See</i> Affidavit, etc.</li> + +<li>Farce. <i>See</i> Dramatic work.</li> + +<li>Farrer license plan, <a href="#Page_51">51</a>, <a +href="#Page_449"><b>449</b></a>.</li> + +<li><a name="Page_689" id="Page_689"></a><span class="pagenum">[Pg +689]</span> Fees, <a href="#Page_141"><b>141</b></a>, <a +href="#Page_147">147</a>, <a href="#Page_207">207</a>, <a +href="#Page_241">241</a>, <a href="#Page_299">299</a>, <a +href="#Page_302">302</a>, <a href="#Page_306">306</a>, <a +href="#Page_309">309</a>, <a href="#Page_389">389</a>, <a +href="#Page_391">391</a>, <a href="#Page_403">403</a>; + +<ul class="IX"><li>§ 49, <a href="#Page_483">483</a>; § 61, <a +href="#Page_487">487</a>;</li> + +<li>R. § 3, <a href="#Page_496">496</a>; § 38, § 40, <a +href="#Page_507">507</a>; § 42, § 43, <a href="#Page_508">508</a>; § 48, +<a href="#Page_509">509</a>; § 49, <a href="#Page_510">510</a>;</li> + +<li>C. § 7, <a href="#Page_561">561</a>; § 22, <a +href="#Page_567">567</a>; § 39, <a href="#Page_574">574</a>;</li> + +<li>Au. § 63, <a href="#Page_598">598</a>; § 70, <a +href="#Page_599">599</a>; § 71, <a href="#Page_600">600</a>;</li> + +<li>P. <a href="#Page_645">645</a>.</li></ul></li> + +<li>Felice, Fra, of Prato, <a href="#Page_17">17</a>.</li> + +<li>Fell, Bishop, <a href="#Page_19">19</a>.</li> + +<li>Fiji Islands, <a href="#Page_395">395</a>.</li> + +<li>Fillmore, President, <a href="#Page_347">347</a>.</li> + +<li>Film. <i>See</i> Moving pictures.</li> + +<li>Fine arts copr. act, <a href="#Page_29">29</a>, <a +href="#Page_33">33</a>, <a href="#Page_240">240</a>, <a +href="#Page_246">246</a>, <a href="#Page_378">378</a>, <a +href="#Page_548"><b>548</b></a>.</li> + +<li>Fines. <i>See</i> Penalties.</li> + +<li>Finland, <a href="#Page_200">200</a>, <a +href="#Page_409"><b>409</b></a>.</li> + +<li>Finnian <i>v.</i> Columba (567), <a href="#Page_9">9</a>.</li> + +<li>First publication, <a href="#Page_16">16</a>, <a +href="#Page_108">108</a>, <a href="#Page_109"><b>109</b></a>, <a +href="#Page_120">120</a>, <a href="#Page_127">127</a>, <a +href="#Page_150">150</a>, <a href="#Page_151">151</a>, <a +href="#Page_182">182</a>, <a href="#Page_184">184</a>, <a +href="#Page_185">185</a>, <a href="#Page_199">199</a>, <a +href="#Page_200">200</a>, <a href="#Page_321">321</a>, <a +href="#Page_327">327</a>, <a href="#Page_373"><b>373</b></a>, <a +href="#Page_375">375</a>, <a href="#Page_388">388</a>, <a +href="#Page_393">393</a>, <a href="#Page_416">416</a>, <a +href="#Page_418">418</a>; + +<ul class="IX"> <li>R. § 2, <a href="#Page_495">495</a>;</li> + +<li>E. § 1, <a href="#Page_517">517</a>; § 3, <a href="#Page_520">520</a>; +§ 17, <a href="#Page_529">529</a>; § 23, <a href="#Page_534">534</a>; § 26 +(3), <a href="#Page_537">537</a>; § 27, <a href="#Page_538">538</a>; § 29, +<a href="#Page_539">539</a>; § 35 (3), <a href="#Page_543">543</a>;</li> + +<li>C. § 5, <a href="#Page_559">559</a>;</li> + +<li>Au. § 5, <a href="#Page_581">581</a>; §§ 13-15, <a +href="#Page_584">584</a>;</li> + +<li>I. 609, <a href="#Page_610b">610</a>;</li> + +<li>P. 638, <a href="#Page_650">650</a>.</li> + +<li><i>See also</i> Simultaneous publication.</li></ul></li> + +<li>Fishburn <i>v.</i> Hollingshead (1891), <a +href="#Page_313">313</a>.</li> + +<li>Fishel <i>v.</i> Lueckel (1892), <a href="#Page_244">244</a>.</li> + +<li>Fisher Act (1900), <a href="#Page_295">295</a>, <a +href="#Page_385"><b>385</b></a>.</li> + +<li>Florence, <a href="#Page_17">17</a>.</li> + +<li>"Fly by night" dramatic companies, <a href="#Page_194">194</a>, <a +href="#Page_269">269</a>.</li> + +<li>Folders, <a href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_492">492</a>.</li></ul></li> + +<li>Folsom <i>v.</i> Marsh (1841), <a href="#Page_92">92</a>, <a +href="#Page_252">252</a>.</li> + +<li>Foreign assignment, <a href="#Page_105">105</a>; + +<ul class="IX"><li>§ 43, <a href="#Page_482">482</a>;</li> + +<li>R. § 41, <a href="#Page_508">508</a>.</li></ul></li> + +<li>Foreign author, <a href="#Page_19">19</a>, <a href="#Page_37">37</a>, +<a href="#Page_79">79</a>, <a href="#Page_107"><b>107-12</b></a>, <a +href="#Page_138">138</a>, <a href="#Page_139">139</a>, <a +href="#Page_373">373</a>, <a href="#Page_375">375</a>, <a +href="#Page_387">387</a>, <a href="#Page_388">388</a>, <a +href="#Page_389">389</a>, <a href="#Page_390">390</a>, <a +href="#Page_404">404</a>; + +<ul class="IX"><li>§ 8, <a href="#Page_469">469</a>;</li> + +<li>R. § 2, <a href="#Page_495">495</a>; § 29, <a +href="#Page_502">502</a>; § 30, <a href="#Page_503">503</a>; § 35, <a +href="#Page_506">506</a>;</li> + +<li>E. § 29, <a href="#Page_539">539</a>;</li> + +<li>C. § 35, <a href="#Page_573">573</a>;</li> + +<li>Au. § 62, § 63, <a href="#Page_598">598</a>;</li> + +<li>I. <a href="#Page_609b">609</a>, <a href="#Page_620b">620</a>;</li> + +<li>P. <a href="#Page_638">638</a>, <a href="#Page_650">650</a>.</li> + +<li><i>See also</i> Residence.</li></ul></li> + +<li>Foreign countries copr., <a href="#Page_398"><b>398-429</b></a>; + +<ul class="IX"><li>scope, <a href="#Page_62">62</a>;</li> + +<li>subject-matter, <a href="#Page_94">94</a>;</li> + +<li>ownership, <a href="#Page_113">113</a>;</li> + +<li>term, <a href="#Page_124">124</a>;</li> + +<li>formalities, <a href="#Page_151">151</a>, <a +href="#Page_313">313</a>;</li> + +<li>manufacturing provisions, <a href="#Page_160">160</a>;</li> + +<li>dramatic and musical works, <a href="#Page_178">178</a>, <a +href="#Page_197">197</a>, <a href="#Page_199">199</a>;</li> + +<li>mechanical reproduction, <a href="#Page_210">210-14</a>;</li> + +<li>artistic work, <a href="#Page_248">248</a>;</li> + +<li>importation, <a href="#Page_295">295</a>;</li> + +<li>copr. office, <a href="#Page_310">310</a>;</li> + +<li>international conventions, <a href="#Page_111">111</a>, <a +href="#Page_311"><b>311-40</b></a>, <a href="#Page_489">489</a>.</li> + +<li><i>See also</i> International, Pan Amer., names of countries and +conspectus preceding contents.</li></ul></li> + +<li>Foreign laws, list of, <a href="#Page_366">366</a>, <a +href="#Page_456">456</a>; + +<ul class="IX"><li>reprints act, <a href="#Page_27">27</a>, <a +href="#Page_29">29</a>, <a href="#Page_294">294</a>;</li> + +<li>subjects (artistic), <a href="#Page_154">154</a>, <a +href="#Page_156"><b>156</b></a>, <a href="#Page_228">228</a>;</li> + +<li>§ 15, <a href="#Page_471">471</a>;</li> + +<li>R. § 27, <a href="#Page_502">502</a>.</li></ul></li> + +<li>Foreign texts, exc. from manuf. clause, <a +href="#Page_156"><b>156</b></a>, <a href="#Page_284">284</a>; + +<ul class="IX"><li>§ 15, <a href="#Page_471">471</a>.</li></ul></li> + +<li>Foreign works (in U. S.), <a href="#Page_29">29</a>, <a +href="#Page_30">30</a>, <a href="#Page_79"><b>79</b></a>, <a +href="#Page_133">133</a>, <a href="#Page_138">138</a>, <a +href="#Page_139">139</a>, <a href="#Page_146"><b>146-50</b></a>, <a +href="#Page_153">153</a>, <a href="#Page_154">154</a>, <a +href="#Page_156"><b>156</b></a>, <a href="#Page_202">202</a>, <a +href="#Page_228">228</a>, <a href="#Page_278">278-96</a>; + +<ul class="IX"><li>§ 1 (e), <a href="#Page_465">465</a>; § 15, <a +href="#Page_471">471</a>; § 31 (c), <a href="#Page_479">479</a>, <a +href="#Page_513">513-16</a>;</li> + +<li>R. § 28, <a href="#Page_502">502</a>; § 38, <a +href="#Page_507">507</a>.</li> + +<li><i>See also</i> Interim, Residence.</li></ul></li> + +<li>Forfeiture of copr., <a href="#Page_15">15</a>, <a +href="#Page_121">121</a>, <a href="#Page_131">131</a>, <a +href="#Page_132">132</a>, <a href="#Page_144">144</a>, <a +href="#Page_150">150</a>, <a href="#Page_152">152</a>, <a +href="#Page_158">158</a>, <a href="#Page_196">196</a>, <a +href="#Page_235">235</a>, <a href="#Page_245">245</a>; + +<ul class="IX"><li>§ 13, <a href="#Page_470">470</a>; § 17, <a +href="#Page_472">472</a>; § 32, <a href="#Page_480">480</a>.</li> + +<li><i>See also</i> Seizure.</li></ul></li> + +<li>Formalities, <a href="#Page_35">35</a>, <a href="#Page_39">39</a>, <a +href="#Page_125"><b>125-52</b></a>, <a href="#Page_166">166-68</a>, <a +href="#Page_178">178</a>, <a href="#Page_189">189</a>, <a +href="#Page_236">236</a>, <a href="#Page_313">313</a>, <a +href="#Page_511">511</a>, <a href="#Page_512">512</a>; + +<ul class="IX"><li>§§ 9-22, <a href="#Page_469">469-474</a>;</li> + +<li>R. §§ 17-48, <a href="#Page_499">499-509</a>;</li> + +<li>British, <a href="#Page_29">29</a>, <a +href="#Page_150"><b>150</b></a>, <a href="#Page_373">373-397</a>;</li> + +<li>E. § 15, <a href="#Page_527">527</a>; § 29 (1), <a +href="#Page_539">539</a>;</li> + +<li>C. § 3, <a href="#Page_557">557</a>; §§ 22-27, <a +href="#Page_567">567-569</a>; § 35, <a href="#Page_573">573</a>;</li> + +<li>Au. §§ 64-76, <a href="#Page_599">599-601</a>;</li> + +<li>in other countries, <a href="#Page_16">16</a>, <a +href="#Page_18">18</a>, <a href="#Page_21">21</a>, <a +href="#Page_146">146</a>, <a href="#Page_150"><b>150-52</b></a>, <a +href="#Page_199"><b>199</b></a>, <a +href="#Page_398"><b>398-429</b></a>;</li> + +<li>I. <a href="#Page_606b">606</a>, <a href="#Page_611a">611</a>, <a +href="#Page_613b">613</a>, <a href="#Page_617b">617</a>;</li> + +<li>P. <a href="#Page_649">649</a>.</li> + +<li><i>See specifically</i> Affidavit, Application, Assignment, +Certificate, Deposit, Fees, Notice, Publication, Registration, etc.; +<i>also</i> Artistic work, Book, Dramatic work, Musical works, +etc.</li></ul></li> + +<li>Forms, C. § 41, <a href="#Page_575">575</a>. + +<ul class="IX"><li><i>See also</i> Application.</li></ul></li> + +<li>Forms copr., <a href="#Page_69">69</a>, <a href="#Page_70">70</a>; + +<ul class="IX"><li><ul class="IX"><li>R. § 4, <a +href="#Page_496">496</a>;</li></ul></li> + +<li>noncopr. <a href="#Page_71">71</a>, <a href="#Page_72">72</a>; + +<ul class="IX"><li>R. § 5, <a +href="#Page_496">496</a>.</li></ul></li></ul></li> + +<li>Formulæ, noncopr., <a href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Fragments not depositable, <a href="#Page_143">143</a>. + +<ul class="IX"><li><i>See also</i> Extracts, Parts, +Quotation.</li></ul></li> + +<li>France, <a href="#Page_62">62</a>, <a href="#Page_111">111</a>, <a +href="#Page_118">118</a>, <a href="#Page_124">124</a>, <a +href="#Page_151">151</a>, <a href="#Page_248">248</a>, <a +href="#Page_295">295</a>, <a href="#Page_310">310</a>, <a +href="#Page_316">316-23</a>, <a href="#Page_330">330</a>, <a +href="#Page_331">331</a>, <a href="#Page_340">340</a>, <a +href="#Page_398"><b>398</b></a>, <a href="#Page_460">460</a>, <a +href="#Page_489">489</a>; + +<ul class="IX"><li>history, <a href="#Page_10">10</a>, <a +href="#Page_17">17</a>, <a href="#Page_114">114</a>, <a +href="#Page_311">311</a>, <a href="#Page_312">312</a>, <a +href="#Page_398">398</a>;</li> + +<li>mechanical reproduction, <a href="#Page_212">212</a>.</li></ul></li> + +<li>Francis I, <a href="#Page_18">18</a>.</li> + +<li>Frankfort, <a href="#Page_11">11</a>, <a href="#Page_12">12</a>, <a +href="#Page_13">13</a>.</li> + +<li>Franking labels, <a href="#Page_145">145</a>; + +<ul class="IX"><li>R. § 39, <a href="#Page_507">507</a>.</li></ul></li> + +<li><i>Franklin Square Library</i>, <a href="#Page_262">262</a>.</li> + +<li>Fraser <i>v.</i> Edwardes (1905), <a href="#Page_176">176</a>.</li> + +<li>Fraser <i>v.</i> Yack (1902), <a href="#Page_110">110</a>.</li> + +<li>Fraud, <a href="#Page_11">11</a>, <a href="#Page_84">84</a>, <a +href="#Page_85">85</a>, <a href="#Page_87">87</a>, <a +href="#Page_100">100</a>, <a href="#Page_135">135</a>, <a +href="#Page_260"><b>260</b></a>, <a href="#Page_422">422</a>. + +<ul class="IX"><li><i>See also</i> Affidavit, Imitation, Intent, Notice, +etc.</li></ul></li> + +<li>Fraudulent works. <i>See</i> Seizure.</li> + +<li>Frederick III, <a href="#Page_11">11</a>.</li> + +<li>Free transmission. <i>See</i> Mails.</li> + +<li><a name="Page_690" id="Page_690"></a><span class="pagenum">[Pg +690]</span> Freeman <i>v.</i> Trade Register (1909), <a +href="#Page_131">131</a>.</li> + +<li>Frelinghuysen, F. T., <a href="#Page_357">357</a>.</li> + +<li>French colonies. <i>See</i> France.</li> + +<li>French <i>v.</i> Day, Gregory, <i>et al.</i> (1893), <a +href="#Page_193">193</a>.</li> + +<li>French <i>v.</i> Kreling (1894), <a href="#Page_181">181</a>.</li> + +<li>Frohman <i>v.</i> Ferris (1909), <a href="#Page_181">181</a>.</li> + +<li>Frohman <i>v.</i> Weber (1903), <a href="#Page_192">192</a>.</li> + +<li>Froude, Jas. A., <a href="#Page_351">351</a>.</li> + +<li>Frye, Senator, <a href="#Page_363">363</a>.</li> + +<li>Fuller <i>v.</i> Bemis (1892), <a href="#Page_177">177</a>.</li> + +<li>Fuller <i>v.</i> Blackpool Winter Gardens Co. (1895), <a +href="#Page_176">176</a>.</li> + +<li>Fust, <a href="#Page_10">10</a>.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_G"></a>Gabriel <i>v.</i> McCabe (1896), <a +href="#Page_82">82</a>, <a href="#Page_256">256</a>.</li> + +<li>Gaius, decision of, <a href="#Page_8">8</a>.</li> + +<li>Gale <i>v.</i> Leckie (1817), <a href="#Page_441">441</a>.</li> + +<li>Gambia, <a href="#Page_397">397</a>.</li> + +<li>Games, noncopr., <a href="#Page_71">71</a>, <a href="#Page_72">72</a>, +<a href="#Page_223">223</a>, <a href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>; § 12, <a +href="#Page_498">498</a>; § 16, <a +href="#Page_499"><b>499</b></a>.</li></ul></li> + +<li>Gannet <i>v.</i> Rupert (1904), <a href="#Page_84">84</a>, <a +href="#Page_274">274</a>.</li> + +<li>Garfield, President, <a href="#Page_255">255</a>, <a +href="#Page_356">356</a>.</li> + +<li>Garments, noncopr., <a href="#Page_72">72</a>, <a +href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 12, <a href="#Page_498">498</a>.</li></ul></li> + +<li>Garofalo y Morales, D. F. G., <a href="#Page_462">462</a>.</li> + +<li>Gazetteers, <a href="#Page_63">63</a>, <a href="#Page_69">69</a>, <a +href="#Page_71">71</a>, <a href="#Page_81">81</a>; + +<ul class="IX"><li>§ 5 (a), <a href="#Page_467">467</a>;</li> + +<li>R. § 4, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Geographical work. <i>See</i> Maps.</li> + +<li>Georgia copr. legislation, <a href="#Page_35">35</a>.</li> + +<li>Georgian period, <a href="#Page_27">27</a>.</li> + +<li>Germany, <a href="#Page_112">112</a>, <a href="#Page_124">124</a>, <a +href="#Page_151">151</a>, <a href="#Page_161">161</a>, <a +href="#Page_198">198</a>, <a href="#Page_199">199</a>, <a +href="#Page_295">295</a>, <a href="#Page_296">296</a>, <a +href="#Page_316">316-20</a>, <a href="#Page_322">322</a>, <a +href="#Page_323">323</a>, <a href="#Page_330">330</a>, <a +href="#Page_340">340</a>, <a href="#Page_368">368</a>, <a +href="#Page_402"><b>402</b></a>, <a href="#Page_460">460</a>, <a +href="#Page_489">489</a>; + +<ul class="IX"><li>history, <a href="#Page_10">10</a>, <a +href="#Page_311">311</a>, <a href="#Page_312">312</a>, <a +href="#Page_402">402</a>;</li> + +<li>mechanical reproduction, <a href="#Page_210">210</a>, <a +href="#Page_340">340</a>, <a href="#Page_490">490</a>;</li> + +<li>publishing law, <a href="#Page_430">430</a>.</li></ul></li> + +<li>Gibraltar, <a href="#Page_397">397</a>.</li> + +<li>Gibson <i>v.</i> Carruthers (1841), <a +href="#Page_452"><b>452</b></a>.</li> + +<li>Gilbert <i>v.</i> <i>Star</i> (1894), <a +href="#Page_186">186</a>.</li> + +<li>Gilbert <i>v.</i> Workman (1910), <a href="#Page_100">100</a>.</li> + +<li>Gilder, R. W., <a href="#Page_356">356</a>.</li> + +<li>Gilmore <i>v.</i> Anderson (1889), <a href="#Page_255">255</a>.</li> + +<li>Giustiniani, <a href="#Page_14">14</a>.</li> + +<li>Glaser <i>v.</i> St. Elmo Co. (1909), <a +href="#Page_192">192</a>.</li> + +<li>Glassware noncorp., <a href="#Page_72">72</a>, <a +href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 12, <a +href="#Page_498"><b>498</b></a>.</li></ul></li> + +<li>Globe Newspaper Co. <i>v.</i> Walker (1908), <a +href="#Page_272">272</a>.</li> + +<li>Globes, <a href="#Page_333">333</a>; + +<ul class="IX"><li>P. <a href="#Page_637">637</a>, <a +href="#Page_649"><b>649</b></a>.</li></ul></li> + +<li>Godson, R: <a href="#Page_457">457</a>.</li> + +<li>Gold Coast, <a href="#Page_397">397</a>.</li> + +<li>Gottsberger <i>v.</i> Estes (1888), <a href="#Page_136">136</a>.</li> + +<li>Gounod's "Redemption" case, <a href="#Page_187">187</a>.</li> + +<li>Government publications, <a href="#Page_12">12</a>, <a +href="#Page_37">37</a>, <a href="#Page_65"><b>65</b></a>, <a +href="#Page_98">98</a>, <a href="#Page_123">123</a>, <a +href="#Page_377">377</a>, <a href="#Page_398">398</a>, <a +href="#Page_403">403</a>, <a href="#Page_407">407</a>, <a +href="#Page_410">410</a>, <a href="#Page_412">412</a>, <a +href="#Page_420">420</a>; + +<ul class="IX"><li>§ 7, <a href="#Page_468">468</a>;</li> + +<li>E. § 18, <a href="#Page_529">529</a>.</li></ul></li> + +<li>Governmental libraries, transfer to, <a href="#Page_306">306</a>; + +<ul class="IX"><li>§ 59, <a href="#Page_486">486</a>.</li> + +<li><i>See also</i> Library.</li></ul></li> + +<li>Gramophone. <i>See</i> Mechanical instruments.</li> + +<li>Grant, <a href="#Page_2">2</a>, <a href="#Page_10">10</a>, <a +href="#Page_11">11</a>, <a href="#Page_13">13</a>, <a +href="#Page_27">27</a>, <a href="#Page_38">38</a>, <a +href="#Page_46">46</a>, <a href="#Page_48">48</a>, <a +href="#Page_49">49</a>, <a href="#Page_189">189</a>, <a +href="#Page_190">190</a>, <a href="#Page_204">204</a>, <a +href="#Page_236">236</a>, <a href="#Page_377">377</a>, <a +href="#Page_437">437</a>; + +<ul class="IX"><li>§ 42, <a href="#Page_482">482</a>;</li> + +<li>E. § 5, <a href="#Page_521">521</a>; § 24, <a +href="#Page_535">535</a>;</li> + +<li>C. § 7, <a href="#Page_560">560</a>.</li> + +<li><i>See also</i> Assignment, License.</li></ul></li> + +<li>Granville, Lord, <a href="#Page_351">351</a>, <a +href="#Page_355">355</a>.</li> + +<li>Gratuitous circulation <a href="#Page_53">53</a>, <a +href="#Page_404"><b>404</b></a>. + +<ul class="IX"><li><i>See also</i> Performance.</li></ul></li> + +<li>Graves <i>v.</i> Gorrie (1903), <a href="#Page_246">246</a>.</li> + +<li>Great Britain. <i>See</i> British.</li> + +<li>Greece, <a href="#Page_124">124</a>, <a href="#Page_152">152</a>, <a +href="#Page_323">323</a>, <a href="#Page_414"><b>414</b></a>.</li> + +<li>Green <i>v.</i> <i>Irish Independent</i> (1899), <a +href="#Page_236">236</a>, <a href="#Page_253">253</a>.</li> + +<li>Green <i>v.</i> Luby (1909), <a href="#Page_136">136</a>.</li> + +<li>Griffith <i>v.</i> Tower (1896), <a href="#Page_451">451</a>.</li> + +<li>Guatemala, <a href="#Page_112">112</a>, <a href="#Page_124">124</a>, +<a href="#Page_323">323</a>, <a href="#Page_332">332</a>, <a +href="#Page_334">334</a>, <a href="#Page_336">336</a>, <a +href="#Page_340">340</a>, <a href="#Page_421"><b>421</b></a>, <a +href="#Page_643">643</a>, <a href="#Page_652">652</a>.</li> + +<li>Guernsey. <i>See</i> Channel Islands.</li> + +<li>Guggenheim <i>v.</i> Leng (1896), <a href="#Page_236">236</a>.</li> + +<li>Guide books copr., <a href="#Page_69">69</a>.</li> + +<li>Guilds, <a href="#Page_9">9</a>, <a href="#Page_15">15</a>, <a +href="#Page_21">21</a>.</li> + +<li>Gyles <i>v.</i> Wilcox (1740). <i>See</i> Hale case, <a +href="#Page_80">80</a>.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_H"></a>Haiti, <a href="#Page_124">124</a>, <a +href="#Page_316">316</a>, <a href="#Page_317">317</a>, <a +href="#Page_318">318</a>, <a href="#Page_320">320</a>, <a +href="#Page_322">322</a>, <a href="#Page_330">330</a>, <a +href="#Page_332">332</a>, <a href="#Page_424"><b>424</b></a>, <a +href="#Page_643">643</a>, <a href="#Page_652">652</a>.</li> + +<li>Hale's "Pleas of the crown" case, <a href="#Page_80">80</a>.</li> + +<li>Hale, E. Everett, <a href="#Page_41">41</a>, <a +href="#Page_118">118</a>.</li> + +<li>Half tones, <a href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 15, <a href="#Page_498">498</a>.</li></ul></li> + +<li>Hamlin, Arthur S., <a href="#Page_455">455</a>.</li> + +<li>Hanfstaengl <i>v.</i> Amer. Tobacco Co. (1894), <a +href="#Page_313">313</a>.</li> + +<li>Hanfstaengl <i>v.</i> Baines (1894), <a href="#Page_242">242</a>.</li> + +<li>Hanfstaengl <i>v.</i> Holloway (1893), <a +href="#Page_313">313</a>.</li> + +<li>Hansard's Parliamentary debates, <a href="#Page_456">456</a>.</li> + +<li>Hardwicke, Ld., <a href="#Page_80">80</a>.</li> + +<li>Harmony. <i>See</i> Musical work.</li> + +<li>Harper <i>v.</i> Donohue (1905), <a href="#Page_47">47</a>, <a +href="#Page_133">133</a>.</li> + +<li>Harper <i>v.</i> Franklin Sq. Lib. Co. (1887), <a +href="#Page_262">262</a>.</li> + +<li>Harper <i>v.</i> Ganthony (1895), <a href="#Page_82">82</a>, <a +href="#Page_171">171</a>.</li> + +<li>Harper <i>v.</i> Kalem Co. (1908, '09, '11), <a +href="#Page_77">77</a>, <a href="#Page_176">176</a>, <a +href="#Page_237">237</a>, <a href="#Page_242">242</a>.</li> + +<li>Harper <i>v.</i> Ranous (1895), <a href="#Page_170">170</a>.</li> + +<li>Harper <i>v.</i> Shoppell (1886), <a href="#Page_235">235</a>.</li> + +<li>Harper proposals, <a href="#Page_349">349</a>, <a +href="#Page_352">352</a>, <a href="#Page_353">353</a>, <a +href="#Page_355">355</a>, <a href="#Page_357">357</a>.</li> + +<li>Harrison, President, <a href="#Page_361">361</a>, <a +href="#Page_364">364</a>.</li> + +<li><a name="Page_691" id="Page_691"></a><span class="pagenum">[Pg +691]</span> Hartford Printing Co. <i>v.</i> Hartford Dir. Co. (1906), <a +href="#Page_275">275</a>.</li> + +<li>Havana. <i>See</i> Bureaus, Pan Amer.</li> + +<li>Hawaii, <a href="#Page_38">38</a>, <a href="#Page_39">39</a>, <a +href="#Page_108">108</a>, <a href="#Page_270">270</a>; + +<ul class="IX"><li>§ 34, <a href="#Page_481">481</a>.</li></ul></li> + +<li>Hawkers, protection against, E. <a href="#Page_550">550</a>, <a +href="#Page_551">551</a>.</li> + +<li>Hawkesworth's "Voyages" case, <a href="#Page_81">81</a>.</li> + +<li>Hawley, Senator, bill (1885), <a href="#Page_358">358</a>, <a +href="#Page_361">361</a>.</li> + +<li>Hazard, Egbert, <a href="#Page_348">348</a>.</li> + +<li>Hearings. <i>See</i> Congressional hearings.</li> + +<li>Hegeman <i>v.</i> Springer (1901), <a href="#Page_274">274</a>.</li> + +<li>Hein <i>v.</i> Harris (1910), <a href="#Page_170">170</a>.</li> + +<li>Heinemann <i>v.</i> Smart Set Pub. Co. (1909), <a +href="#Page_437">437</a>.</li> + +<li>Heirs, <a href="#Page_11">11</a>, <a href="#Page_14">14</a>, <a +href="#Page_27">27</a>, <a href="#Page_36">36</a>, <a +href="#Page_46">46</a>, <a href="#Page_49">49</a>, <a +href="#Page_102">102</a>, <a href="#Page_104">104</a>, <a +href="#Page_113">113</a>, <a href="#Page_114">114</a>, <a +href="#Page_115">115</a>, <a href="#Page_116">116</a>, <a +href="#Page_123">123</a>, <a href="#Page_124">124</a>, <a +href="#Page_378">378</a>, <a href="#Page_402">402</a>, <a +href="#Page_410">410</a>, <a href="#Page_422">422</a>, <a +href="#Page_429">429</a>, <a href="#Page_433">433</a>, <a +href="#Page_452">452</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>; § 24, <a +href="#Page_475">475</a>;</li> + +<li>R. § 46, <a href="#Page_509">509</a>;</li> + +<li>E. § 5 (2), <a href="#Page_521">521</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>; § 25, <a +href="#Page_568">568</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>.</li> + +<li><i>See also</i> Administrator, Executor, Renewal, Term.</li></ul></li> + +<li>Helmuth, W. Tod, private copr. grant, <a href="#Page_38">38</a>.</li> + +<li>Henderson <i>v.</i> Tompkins (1894), <a href="#Page_177">177</a>.</li> + +<li>Henry II, III, <a href="#Page_18">18</a>.</li> + +<li>Henry VIII, <a href="#Page_19">19</a>, <a href="#Page_20">20</a>, <a +href="#Page_21">21</a>.</li> + +<li>Herndon, private copr. grant, <a href="#Page_38">38</a>.</li> + +<li>Herne <i>v.</i> Liebler (1902), <a href="#Page_187">187</a>.</li> + +<li>Hervieu <i>v.</i> Ogilvie (1909), <a href="#Page_155">155</a>, <a +href="#Page_168">168</a>.</li> + +<li>Hills <i>v.</i> Hoover (1905), <a href="#Page_128">128</a>.</li> + +<li>Hire, work for. <i>See</i> Employer.</li> + +<li>History of copr., <a href="#Page_1">1-41</a>, <a +href="#Page_311">311-429</a>, <a href="#Page_453">453-62</a>; + +<ul class="IX"><li>America, <a href="#Page_35">35-41</a>, <a +href="#Page_341">341-72</a>;</li> + +<li>British, <a href="#Page_19">19-34</a>, <a +href="#Page_373">373-97</a>;</li> + +<li>early, <a href="#Page_8">8-23</a>;</li> + +<li>in other countries, <a href="#Page_398">398-429</a>;</li> + +<li>international, <a href="#Page_321">321-429</a>;</li> + +<li>literature, <a href="#Page_453">453-62</a>.</li></ul></li> + +<li>Hoar, Senator, <a href="#Page_361">361</a>.</li> + +<li>Hogarth, <a href="#Page_27">27</a>.</li> + +<li>Hole <i>v.</i> Bradbury (1879), <a href="#Page_445">445</a>.</li> + +<li>Holland, <a href="#Page_17">17</a>, <a href="#Page_112">112</a>, <a +href="#Page_124">124</a>, <a href="#Page_152">152</a>, <a +href="#Page_160">160</a>, <a href="#Page_200">200</a>, <a +href="#Page_316">316</a>, <a href="#Page_317">317</a>, <a +href="#Page_323">323</a>, <a href="#Page_401"><b>401</b></a>.</li> + +<li>Holloway <i>v.</i> Bradley (1886), <a href="#Page_100">100</a>.</li> + +<li>Holmes <i>v.</i> Hurst (1899), <a href="#Page_67">67</a>.</li> + +<li>Homer, <a href="#Page_8">8</a>.</li> + +<li>Honduras, <a href="#Page_62">62</a>, <a href="#Page_112">112</a>, <a +href="#Page_124">124</a>, <a href="#Page_317">317</a>, <a +href="#Page_332">332</a>, <a href="#Page_334">334</a>, <a +href="#Page_340">340</a>, <a href="#Page_421"><b>421</b></a>, <a +href="#Page_643">643</a>, <a href="#Page_652">652</a>.</li> + +<li>Hong Kong, <a href="#Page_395">395</a>.</li> + +<li>Horace, <a href="#Page_8">8</a>.</li> + +<li>Hotten, J. Camden, <a href="#Page_457">457</a>.</li> + +<li>Hotten <i>v.</i> Arthur (1863), <a href="#Page_73">73</a>.</li> + +<li>Howard, Bronson, <a href="#Page_194">194</a>.</li> + +<li>Howitt <i>v.</i> Hall (1862), <a href="#Page_445"><b>445</b></a>.</li> + +<li>Hoyt <i>v.</i> Bates (1897), <a href="#Page_268">268</a>.</li> + +<li>Hroswitha, <a href="#Page_11">11</a>.</li> + +<li>Huard & Mack, <a href="#Page_460">460</a>.</li> + +<li>Huard, Gustave, <a href="#Page_460">460</a>.</li> + +<li>Hubbard, Gardiner G., <a href="#Page_361">361</a>.</li> + +<li>Hungary, <a href="#Page_124">124</a>, <a href="#Page_198">198</a>, <a +href="#Page_200">200</a>, <a href="#Page_405"><b>405</b></a>.</li> + +<li>Hunter <i>v.</i> Clifford (1909), <a href="#Page_247">247</a>.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_I"></a>Ideas, copying of, <a href="#Page_176">176</a>, <a +href="#Page_187">187</a>, <a href="#Page_240">240</a>, <a +href="#Page_257">257</a>.</li> + +<li>Ignorance. <i>See</i> Infringement, Innocent.</li> + +<li>Illustrations, <a href="#Page_64">64</a>, <a href="#Page_73">73</a>, +<a href="#Page_77"><b>77</b></a>, <a href="#Page_127">127</a>, <a +href="#Page_131">131</a>, <a href="#Page_138"><b>138</b></a>, <a +href="#Page_140">140</a>, <a href="#Page_153">153</a>, <a +href="#Page_154">154</a>, <a href="#Page_156"><b>156</b></a>, <a +href="#Page_223">223</a>, <a href="#Page_224">224</a>, <a +href="#Page_225">225</a>, <a href="#Page_228">228</a>, <a +href="#Page_230">230</a>, <a href="#Page_235">235</a>, <a +href="#Page_236">236</a>, <a href="#Page_237">237</a>, <a +href="#Page_248">248</a>, <a href="#Page_250">250</a>, <a +href="#Page_402">402</a>, <a href="#Page_403">403</a>, <a +href="#Page_439">439</a>; + +<ul class="IX"><li>§ 5 (k), <a href="#Page_468">468</a>; § 15, <a +href="#Page_471">471</a>; § 18, <a href="#Page_472">472</a>;</li> + +<li>R. § 16, <a href="#Page_499">499</a>; § 25, <a +href="#Page_501">501</a>; § 27, <a href="#Page_502">502</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>I. <a href="#Page_603b">603</a>.</li> + +<li><i>See also</i> Artistic, Engravings, etc.</li></ul></li> + +<li>Imitation, <a href="#Page_11">11</a>, <a href="#Page_12">12</a>, <a +href="#Page_30">30</a>, <a href="#Page_84">84</a>, <a +href="#Page_190">190</a>, <a href="#Page_254">254</a>, <a +href="#Page_260">260</a>, <a href="#Page_263">263</a>, <a +href="#Page_264">264</a>, <a href="#Page_286">286</a>, <a +href="#Page_376">376</a>; + +<ul class="IX"><li>E. § 2, <a href="#Page_519">519</a>;</li> + +<li>§ 35 (1), <a href="#Page_543">543</a>.</li> + +<li><i>See also</i> Adaptations, Infringement.</li></ul></li> + +<li>Immoral and seditious works, <a href="#Page_86">86</a>; + +<ul class="IX"><li>Au. § 6, <a href="#Page_582">582</a>;</li> + +<li>P. <a href="#Page_635">635</a>.</li></ul></li> + +<li>Imperial Copr. Conference, <a href="#Page_32">32</a>, <a +href="#Page_460">460</a>; + +<ul class="IX"><li>jurisdiction, <a href="#Page_12">12</a>.</li> + +<li><i>See also</i> British.</li></ul></li> + +<li>Impersonal works. <i>See</i> Corporate work, Government publications, +etc.</li> + +<li>Importation, <a href="#Page_278"><b>278-96</b></a>; + +<ul class="IX"><li>foreign practice, <a href="#Page_295">295</a>;</li> + +<li>foreign rebinding, <a href="#Page_159">159</a>, <a +href="#Page_287">287</a>, <a href="#Page_514">514</a>;</li> + +<li>forfeiture <a href="#Page_279">279</a>, <a href="#Page_282">282</a>, +<a href="#Page_283">283</a>; + +<ul class="IX"><li>§ 32, <a href="#Page_480">480</a>;</li> + +<li>Au. § 61, <a href="#Page_597">597</a>;</li> + +<li>I. <a href="#Page_618a">618</a>;</li></ul></li> + +<li>in British Empire, <a href="#Page_24">24</a>, <a +href="#Page_27">27</a>, <a href="#Page_31">31</a>, <a +href="#Page_292">292-95</a>, <a href="#Page_310">310</a>, <a +href="#Page_378">378</a>, <a href="#Page_383">383-87</a>, <a +href="#Page_389">389</a>, <a href="#Page_392">392</a>, <a +href="#Page_395">395</a>; + +<ul class="IX"><li>E. § 2 (2), <a href="#Page_520">520</a>; § 14, <a +href="#Page_525">525</a>; § 25 (2), <a href="#Page_536">536</a>; § 35, <a +href="#Page_543">543</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>; § 4, <a href="#Page_559">559</a>; +§ 13, <a href="#Page_562">562</a>; § 16-21, <a +href="#Page_565">565-67</a>; § 35, <a href="#Page_573">573</a>;</li> + +<li>Au. § 50, <a href="#Page_592">592</a>; § 61, <a +href="#Page_597">597</a>;</li></ul></li> + +<li>innocent, <a href="#Page_286">286</a>;</li> + +<li>library, <a href="#Page_279">279</a>, <a href="#Page_281">281</a>, <a +href="#Page_290">290</a>, <a href="#Page_293">293</a>, <a +href="#Page_387">387</a>; + +<ul class="IX"><li>§ 31 (d), <a href="#Page_479">479</a>;</li> + +<li>C. § 17, <a href="#Page_565">565</a>;</li></ul></li> + +<li>manufacturing provisions, <a href="#Page_156">156</a>, <a +href="#Page_159"><b>159</b></a>, <a href="#Page_283">283</a>, <a +href="#Page_284">284</a>;</li> + +<li>on annulment of copr., <a href="#Page_121">121</a>;</li> + +<li>periodicals, <a href="#Page_88">88</a>, <a +href="#Page_286">286</a>;</li> + +<li>permitted exceptions, <a href="#Page_156">156</a>, <a +href="#Page_186">186</a>, <a href="#Page_229">229</a>, <a +href="#Page_279">279</a>, <a href="#Page_281">281</a>, <a +href="#Page_289">289</a>, <a href="#Page_290">290</a>, <a +href="#Page_291">291</a>; + +<ul class="IX"><li>§ 31, <a href="#Page_478">478</a>;</li></ul></li> + +<li>post cards, <a href="#Page_229">229</a>;</li> + +<li>prohibition of, <a href="#Page_12">12</a>, <a href="#Page_13">13</a>, +<a href="#Page_18">18</a>, <a href="#Page_19">19</a>, <a +href="#Page_21">21</a>, <a href="#Page_31">31</a>, <a +href="#Page_134">134</a>, <a href="#Page_135">135</a>, <a +href="#Page_278"><b>278-96</b></a>, <a href="#Page_30">30</a>, <a +href="#Page_513"><b>513</b></a>; + +<ul class="IX"><li>§ 30, 31, <a href="#Page_478">478</a>; § 33, <a +href="#Page_480">480</a>;</li> + +<li>E. § 14, <a href="#Page_525">525</a>;</li> + +<li>C. § 21, <a href="#Page_566">566</a>;</li> + +<li>Au. § 50, <a href="#Page_592">592</a>; § 61, <a +href="#Page_597">597</a>;</li> + +<li>I. <a href="#Page_616b">616</a>;</li></ul></li> + +<li>regulations, <a href="#Page_279">279</a>, <a href="#Page_282">282</a>, +<a href="#Page_513"><b>513</b></a>; + +<ul class="IX"><li>§ 33, <a href="#Page_480">480</a>;</li></ul></li> + +<li>re-importation, <a href="#Page_229">229</a>;</li> + +<li>retroactive effect, <a href="#Page_283">283</a>;</li> + +<li>return of copies, <a href="#Page_279">279</a>, <a +href="#Page_282">282</a>, <a href="#Page_514">514</a>, <a +href="#Page_515">515</a>; + +<ul class="IX"><li>§ 32, <a href="#Page_480">480</a>;</li></ul></li> + +<li>tariff, <a href="#Page_288">288</a>, <a href="#Page_291">291</a>;</li> + +<li>translations, <a href="#Page_80">80</a>, <a href="#Page_288">288</a>; + +<ul class="IX"><li>C. § 35, <a +href="#Page_573">573</a>.</li></ul></li></ul></li> + +<li>Imprint date, <a href="#Page_129">129</a>; + +<ul class="IX"><li>"Venetia" protected, <a +href="#Page_16">16</a>.</li></ul></li> + +<li><a name="Page_692" id="Page_692"></a><span class="pagenum">[Pg +692]</span> Imprisonment. <i>See</i> Punishment.</li> + +<li>Incidents, combination of, <a href="#Page_170">170</a>, <a +href="#Page_178">178</a>, <a href="#Page_186">186</a>, <a +href="#Page_191">191</a>; + +<ul class="IX"><li>E. § 35 (1), <a +href="#Page_542">542</a>.</li></ul></li> + +<li><i>Incunabula</i>, <a href="#Page_10">10</a>.</li> + +<li>Indecent matter. <i>See</i> Immoral works.</li> + +<li><i>Index expurgatorius</i>, <a href="#Page_17">17</a>, <a +href="#Page_160">160</a>.</li> + +<li>Index of registrations, <a href="#Page_300">300</a>, <a +href="#Page_304">304</a>; + +<ul class="IX"><li>§ 56, <a href="#Page_485">485</a>;</li> + +<li>C. § 22, <a href="#Page_567">567</a>.</li></ul></li> + +<li>India, <a href="#Page_248">248</a>, <a href="#Page_321">321</a>, <a +href="#Page_382">382</a>, <a href="#Page_395"><b>395</b></a>.</li> + +<li>Indians, American, <a href="#Page_41">41</a>.</li> + +<li>Indo-China. <i>See</i> France.</li> + +<li>Industrial art, works, <a href="#Page_93">93</a>, <a +href="#Page_223">223</a>, <a href="#Page_326">326</a>, <a +href="#Page_386">386</a>; + +<ul class="IX"><li>R. § 12, <a href="#Page_498">498</a>;</li> + +<li>C. § 32, <a href="#Page_570">570</a>;</li> + +<li>I. <a href="#Page_605b">605</a>.</li> + +<li><i>See also</i> Designs, Trade-mark.</li></ul></li> + +<li>Infringement, <a href="#Page_5">5</a>, <a href="#Page_16">16</a>, <a +href="#Page_18">18</a>, <a href="#Page_21">21</a>, <a +href="#Page_22">22</a>, <a href="#Page_23">23</a>, <a +href="#Page_251"><b>251-64</b></a>, <a href="#Page_376">376</a>, <a +href="#Page_380">380</a>, <a href="#Page_404">404</a>; + +<ul class="IX"><li><ul class="IX"><li>E. § 2, <a href="#Page_518">518</a>; +§ 35, <a href="#Page_543">543</a>, <a href="#Page_547">547</a>, <a +href="#Page_551">551</a>, <a href="#Page_553">553</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>; § 4, § 5, <a +href="#Page_558">558</a>; § 30, <a href="#Page_569">569</a>;</li> + +<li>Au. § 4, <a href="#Page_581">581</a>; § 28, <a +href="#Page_587">587</a>; § 45-61, <a href="#Page_591">591-98</a>;</li> + +<li>I. <a href="#Page_614b">614</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_635">635</a>, <a +href="#Page_639">639</a>, <a href="#Page_651">651</a>;</li> + +<li>piratical work, newspaper or periodical, C. § 14 (6), <a +href="#Page_564">564</a>;</li></ul></li> + +<li>artistic, <a href="#Page_245">245</a>, <a href="#Page_266">266</a>, <a +href="#Page_267">267</a>, <a href="#Page_378">378</a>; + +<ul class="IX"><li>§ 25, (b), <a href="#Page_476">476</a>;</li> + +<li>E. § 9, <a href="#Page_523">523</a>;</li> + +<li>Au. § 45, <a href="#Page_591">591</a>;</li></ul></li> + +<li>dramatic, <a href="#Page_172">172-74</a>, <a +href="#Page_190">190-92</a>, <a href="#Page_195">195</a>, <a +href="#Page_241">241</a>, <a href="#Page_266">266</a>, <a +href="#Page_267">267</a>; + +<ul class="IX"><li>§ 25 (b), <a href="#Page_476">476</a>;</li> + +<li>E. § 2, <a href="#Page_520">520</a>;</li> + +<li>C. § 4, <a href="#Page_559">559</a>;</li> + +<li>Au. § 32, <a href="#Page_588">588</a>; § 45, <a +href="#Page_591">591</a>; § 51, <a +href="#Page_593">593</a>;</li></ul></li> + +<li>indirect, <a href="#Page_243">243</a>, <a +href="#Page_254">254</a>;</li> + +<li>innocent, <a href="#Page_130">130</a>, <a href="#Page_378">378</a>; + +<ul class="IX"><li>§ 20, <a href="#Page_473">473</a>;</li> + +<li>E. § 2 (2), (3), <a href="#Page_520">520</a>; § 8, <a +href="#Page_523">523</a>;</li> + +<li>C. § 4 (3), <a href="#Page_559">559</a>; § 13, <a +href="#Page_562">562</a>;</li> + +<li>Au. § 50, <a href="#Page_592">592</a>; § 51, <a +href="#Page_593">593</a>;</li></ul></li> + +<li>musical, <a href="#Page_192">192</a>, <a href="#Page_195">195</a>, <a +href="#Page_206">206</a>, <a href="#Page_266">266</a>, <a +href="#Page_267">267</a>, <a href="#Page_268">268</a>; + +<ul class="IX"><li>§ 25 (b), <a href="#Page_476">476</a>, (e), <a +href="#Page_477">477</a>;</li> + +<li>E. § 19 (2), <a href="#Page_530">530</a>, <a +href="#Page_551">551-54</a>;</li> + +<li>Au. § 45, <a href="#Page_591">591</a>; § 51, <a +href="#Page_593">593</a>;</li></ul></li> + +<li>oral work, <a href="#Page_266">266</a>, <a href="#Page_267">267</a>; + +<ul class="IX"><li>§ 25 (b), <a href="#Page_476">476</a>;</li> + +<li>E. § 20, <a href="#Page_533">533</a>;</li> + +<li>Au. § 45, <a href="#Page_591">591</a>;</li></ul></li> + +<li>party liable, <a href="#Page_193">193</a>, <a +href="#Page_240">240</a>, <a href="#Page_253">253</a>, <a +href="#Page_394">394</a>; + +<ul class="IX"><li>E. § 2 (3), <a href="#Page_520">520</a>; § 6 (3), <a +href="#Page_522">522</a>;</li> + +<li>C. § 4, <a href="#Page_559">559</a>;</li> + +<li>Au. § 51, <a href="#Page_593">593</a>;</li></ul></li> + +<li>previous to formalities, <a href="#Page_143">143</a>, <a +href="#Page_275">275</a>; + +<ul class="IX"><li>§ 12, <a href="#Page_470">470</a>;</li> + +<li>R. § 3, <a href="#Page_495">495</a>;</li> + +<li>Au. § 74, <a href="#Page_600">600</a>;</li></ul></li> + +<li>proof by common errors, <a href="#Page_257">257</a>;</li> + +<li>remedies and procedure, <a href="#Page_195">195</a>, <a +href="#Page_206">206</a>, <a href="#Page_245">245</a>, <a +href="#Page_265"><b>265-77</b></a>, <a href="#Page_404">404</a>; + +<ul class="IX"><li>§§ 25-28, <a href="#Page_475">475-78</a>;</li> + +<li>E. §§ 6-10, <a href="#Page_522">522-24</a>; §§ 11-13, <a +href="#Page_524">524-25</a>, <a href="#Page_548">548</a>;</li> + +<li>C. §§ 8-15, <a href="#Page_561">561-65</a>;</li> + +<li>Au. §§ 45-61, <a href="#Page_591">591-98</a>;</li> + +<li>I. <a href="#Page_618b">618</a>;</li></ul></li> + +<li>separation of inf. parts, <a href="#Page_256">256</a>.</li> + +<li><i>See also</i> Destruction, Importation, Intent, Knowledge, Remedies, +Seizure, Suits; <i>also</i> Chronological table of cases.</li></ul></li> + +<li>Inglis, Ld. President, <a href="#Page_75">75</a>.</li> + +<li>Inherent right, <a href="#Page_4">4</a>, <a href="#Page_5">5</a>. +<i>See also</i> Common Law.</li> + +<li>Injunction, <a href="#Page_11">11</a>, <a href="#Page_46">46</a>, <a +href="#Page_130">130</a>, <a href="#Page_194">194</a>, <a +href="#Page_195">195</a>, <a href="#Page_196">196</a>, <a +href="#Page_206">206</a>, <a href="#Page_245">245</a>, <a +href="#Page_266"><b>266-68</b></a>, <a href="#Page_271">271</a>; + +<ul class="IX"><li>§ 20, <a href="#Page_473">473</a>; § 25, (a), (e), <a +href="#Page_475">475</a>, <a href="#Page_477">477</a>; § 27, <a +href="#Page_477">477</a>; § 36, § 37, <a href="#Page_481">481</a>;</li> + +<li>E. § 6, <a href="#Page_512">512</a>; § 9, <a +href="#Page_524">524</a>;</li> + +<li>C. § 8, <a href="#Page_561">561</a>.</li></ul></li> + +<li>Inkus, <a href="#Page_11">11</a>.</li> + +<li>Innocence. <i>See</i> Infringement, Knowledge.</li> + +<li>Inspection of records, <a href="#Page_305">305</a>; + +<ul class="IX"><li>§ 58, <a href="#Page_486">486</a>.</li></ul></li> + +<li>Instruments noncopr., <a href="#Page_72">72</a>, <a +href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 12, <a href="#Page_498">498</a>.</li> + +<li><i>See also</i> Mechanical instruments.</li></ul></li> + +<li>Insurance policy, copr., <a href="#Page_72">72</a>.</li> + +<li>Intent, in infringement, <a href="#Page_60">60</a>, <a +href="#Page_85">85</a>, <a href="#Page_135">135</a>, <a +href="#Page_195">195</a>, <a href="#Page_252"><b>252</b></a>, <a +href="#Page_260">260</a>, <a href="#Page_275">275</a>, <a +href="#Page_276">276</a>; + +<ul class="IX"><li>§ 28, § 29, <a href="#Page_478">478</a>.</li> + +<li><i>See also</i> Fraud, Infringement, Knowledge.</li></ul></li> + +<li>Interest tables copr., <a href="#Page_70">70</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Interim copr., <a href="#Page_38">38</a>, <a href="#Page_126">126</a>, +<a href="#Page_135"><b>135</b></a>, <a href="#Page_138">138</a>, <a +href="#Page_139">139</a>, <a href="#Page_146"><b>146</b></a>, <a +href="#Page_154">154</a>, <a href="#Page_155">155</a>, <a +href="#Page_366">366</a>; + +<ul class="IX"><li>§ 9, <a href="#Page_469">469</a>; § 15, <a +href="#Page_471">471</a>; § 21, 22, <a href="#Page_474">474</a>;</li> + +<li>R. § 26, <a href="#Page_501">501</a>; § 28, <a +href="#Page_502">502</a>; § 35, <a href="#Page_506">506</a>; § 38, <a +href="#Page_507">507</a>.</li> + +<li><i>See also</i> Temporary copr.</li></ul></li> + +<li>International conventions, <a href="#Page_311"><b>311-40</b></a>; + +<ul class="IX"><li>Berne (1886), <a href="#Page_318">318</a>;</li> + +<li>Paris (1896), <a href="#Page_321">321</a>;</li> + +<li>Berlin (1908), <a href="#Page_326">326</a>;</li> + +<li>Montevideo, <a href="#Page_331">331</a>;</li> + +<li>Mexico City, <a href="#Page_332">332</a>;</li> + +<li>Rio de Janeiro, <a href="#Page_334">334</a>;</li> + +<li>Buenos Aires, <a href="#Page_336">336</a>;</li> + +<li>texts, <a href="#Page_603">603-52</a>;</li> + +<li>scope, <a href="#Page_62">62</a>;</li> + +<li>subject-matter, <a href="#Page_94">94</a>;</li> + +<li>term, <a href="#Page_118">118</a>, <a href="#Page_124">124</a>, <a +href="#Page_188">188</a>; + +<ul class="IX"><li>formalities, <a href="#Page_152">152</a>;</li> + +<li>dramatic and musical works, <a href="#Page_197">197</a>, <a +href="#Page_198">198</a>, <a href="#Page_201">201</a>;</li> + +<li>mechanical reproduction, <a href="#Page_209">209</a>, <a +href="#Page_221">221</a>;</li> + +<li>artistic work, <a href="#Page_248">248</a>;</li> + +<li>infringement, <a href="#Page_255">255</a>;</li> + +<li>importation, <a href="#Page_296">296</a>;</li> + +<li>reservations, <a href="#Page_185">185</a>, <a +href="#Page_323">323</a>, <a href="#Page_330">330</a>, <a +href="#Page_375">375</a>, <a href="#Page_381">381</a>, <a +href="#Page_399">399</a>, <a href="#Page_408">408</a>, <a +href="#Page_415">415</a>, <a href="#Page_416">416</a>.</li></ul></li> + +<li><i>See also</i> names of cities.</li></ul></li> + +<li>International copr., <a href="#Page_17">17</a>, <a +href="#Page_107">107</a>, <a href="#Page_341"><b>341-72</b></a>; + +<ul class="IX"><li>§ 8, <a href="#Page_469">469</a>;</li> + +<li>R. § 2, <a href="#Page_495">495</a>;</li> + +<li>E. § 23, <a href="#Page_534">534</a>; § 29, <a +href="#Page_539">539</a>; § 30, <a href="#Page_540">540</a>;</li> + +<li>C. § 35, <a href="#Page_573">573</a>;</li> + +<li>Au. § 62, § 63, <a href="#Page_598">598</a>;</li> + +<li>acts, <a href="#Page_28">28</a>, <a href="#Page_29">29</a>, <a +href="#Page_30">30</a>, <a href="#Page_31">31</a>, <a +href="#Page_37">37</a>, <a href="#Page_109">109</a>, <a +href="#Page_184">184</a>, <a href="#Page_246">246</a>, <a +href="#Page_292">292</a>, <a href="#Page_311">311</a>, <a +href="#Page_312">312</a>, <a href="#Page_313">313</a>, <a +href="#Page_341"><b>341-64</b></a>, <a href="#Page_373">373</a>, <a +href="#Page_379">379</a>, <a href="#Page_381">381</a>, <a +href="#Page_383">383</a>, <a href="#Page_386">386</a>, <a +href="#Page_388">388</a>;</li> + +<li>literature, <a href="#Page_330">330</a>, <a href="#Page_454">454</a>, +<a href="#Page_456">456</a>, <a href="#Page_461">461</a>;</li> + +<li>proclamations, <a href="#Page_111">111</a>, <a +href="#Page_202">202</a>, <a href="#Page_213">213</a>, <a +href="#Page_214">214</a>, <a href="#Page_212">212</a>, <a +href="#Page_339">339</a>, <a href="#Page_489">489</a>;</li> + +<li>prophecy, <a href="#Page_344">344</a>;</li> + +<li>trade-mark, <a href="#Page_84">84</a>;</li> + +<li>translations, <a href="#Page_79">79</a>.</li> + +<li><i>See also</i> Interim, International conventions, names of cities, +names of countries.</li></ul></li> + +<li>International Copr. Assoc, <a href="#Page_348">348</a>, <a +href="#Page_351">351</a>. + +<ul class="IX"><li><i>See also</i> Amer. copr. leagues.</li></ul></li> + +<li>International Copr. Union. <i>See</i> Internat. conventions.</li> + +<li>International lit. assocs., <a href="#Page_356">356</a>.</li> + +<li>International lit. and art. assoc <i>See</i> Assoc.</li> + +<li>International literary congresses. <i>See</i> Assoc., also names of +cities.</li> + +<li>Interpretation. <i>See</i> Definition.</li> + +<li>Interstate Commerce Commission, <a href="#Page_207">207</a>.</li> + +<li><a name="Page_693" id="Page_693"></a><span class="pagenum">[Pg +693]</span> Inventors. <i>See</i> Author.</li> + +<li>Ireland, E. § 12, <a href="#Page_525">525</a>, <a +href="#Page_549">549</a>, <a href="#Page_552">552</a>; + +<ul class="IX"><li>prints and engravings act, <a +href="#Page_28">28</a>.</li> + +<li><i>See also</i> British.</li></ul></li> + +<li>Irving, Washington, <a href="#Page_83">83</a>, <a +href="#Page_347">347</a>.</li> + +<li>Isaacs <i>v.</i> Daly (1874), <a href="#Page_82">82</a>, <a +href="#Page_84">84</a>.</li> + +<li>Isle of Man, <a href="#Page_294">294</a>, <a href="#Page_378">378</a>, +<a href="#Page_380">380</a>; + +<ul class="IX"><li>E. § 14 (6), <a +href="#Page_526">526</a>.</li></ul></li> + +<li>Italy, <a href="#Page_13">13</a>, <a href="#Page_111">111</a>, <a +href="#Page_124">124</a>, <a href="#Page_152">152</a>, <a +href="#Page_199">199</a>, <a href="#Page_213">213</a>, <a +href="#Page_310">310</a>, <a href="#Page_316">316-18</a>, <a +href="#Page_320">320</a>, <a href="#Page_322">322</a>, <a +href="#Page_323">323</a>, <a href="#Page_330">330</a>, <a +href="#Page_331">331</a>, <a href="#Page_340">340</a>, <a +href="#Page_377">377</a>, <a href="#Page_412"><b>412</b></a>, <a +href="#Page_450">450</a>, <a href="#Page_461">461</a>, <a +href="#Page_489">489</a>, <a href="#Page_636">636</a>.</li> + +<li>Ivison, H. <a href="#Page_348">348</a>.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_J"></a>Jamaica, <a href="#Page_391"><b>391</b></a>.</li> + +<li>Japan, <a href="#Page_112">112</a>, <a href="#Page_124">124</a>, <a +href="#Page_321">321</a>, <a href="#Page_323">323</a>, <a +href="#Page_330">330</a>, <a href="#Page_340">340</a>, <a +href="#Page_415"><b>415</b></a>, <a href="#Page_417">417</a>, <a +href="#Page_456">456</a>.</li> + +<li>Jay, J., <a href="#Page_347">347</a>, <a +href="#Page_355">355</a>.</li> + +<li>Jefferys <i>v.</i> Boosey (1854), <a href="#Page_1">1</a>, <a +href="#Page_4">4</a>, <a href="#Page_108">108</a>, <a +href="#Page_373">373</a>.</li> + +<li>Jekyll, Sir Joseph, <a href="#Page_24">24</a>.</li> + +<li>Jersey. <i>See</i> Channel Islands.</li> + +<li>Jewellers' Merc. Ag. <i>v.</i> Jewellers' W'kly Pub. Co. (1898), <a +href="#Page_53">53</a>.</li> + +<li>Johnson, R. U., <a href="#Page_360">360</a>.</li> + +<li>Joint authors, <a href="#Page_101"><b>101</b></a>, <a +href="#Page_113">113</a>, <a href="#Page_120">120</a>, <a +href="#Page_122">122</a>, <a href="#Page_188">188</a>, <a +href="#Page_189">189</a>, <a href="#Page_377">377</a>, <a +href="#Page_387">387</a>, <a href="#Page_403">403</a>; + +<ul class="IX"><li>E. § 16, <a href="#Page_528">528</a>; § 17, <a +href="#Page_529">529</a>;</li> + +<li>C. § 29, <a href="#Page_569">569</a>;</li> + +<li>Au. § 17, <a href="#Page_585">585</a>; § 19, <a +href="#Page_586">586</a>.</li></ul></li> + +<li>Jones, Judson, <a href="#Page_38">38</a>.</li> + +<li>Jones <i>v.</i> Amer. Law Book Co. (1905, '08), <a +href="#Page_100">100</a>.</li> + +<li>Jude's "Liedertafel" case (1907), <a href="#Page_447">447</a>.</li> + +<li>Judicial Committee, <a href="#Page_123">123</a>; + +<ul class="IX"><li>E. § 4, <a href="#Page_521">521</a>.</li></ul></li> + +<li>Judiciary committee. <i>See</i> Congressional Committees.</li> + +<li>Jurisdiction. <i>See</i> Court.</li> + +<li>Justinian, Code of, <a href="#Page_8">8</a>.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_K"></a>Kant, Immanuel, <a href="#Page_461">461</a>.</li> + +<li>Karno <i>v.</i> Pathé Frères (1908-9), <a +href="#Page_177">177</a>.</li> + +<li>Keeler <i>v.</i> Standard Folding Bed Co. (1895), <a +href="#Page_54">54</a>.</li> + +<li>Kelley, W. D., <a href="#Page_350">350</a>, <a +href="#Page_352">352</a>.</li> + +<li>Kelly <i>v.</i> Byles (1879), <a href="#Page_83">83</a>.</li> + +<li>Kennedy, J. Louis, <a href="#Page_361">361</a>.</li> + +<li>Kent, Chancellor, <a href="#Page_5">5</a>.</li> + +<li>Kessler, <a href="#Page_10">10</a>.</li> + +<li>"Key of Heaven" importation, <a href="#Page_159">159</a>.</li> + +<li>Kindersley, Vice-Chancellor (1852), <a href="#Page_75">75</a>.</li> + +<li>Kipling <i>v.</i> Putnam (1903), <a href="#Page_263">263</a>.</li> + +<li>Kittredge, Senator, bills (1906-8), <a href="#Page_367">367</a>, <a +href="#Page_369">369</a>, <a href="#Page_370">370</a>.</li> + +<li>Knowledge, <a href="#Page_60">60</a>, <a href="#Page_195">195</a>, <a +href="#Page_196">196</a>, <a href="#Page_236">236</a>, <a +href="#Page_252"><b>252</b></a>, <a href="#Page_275">275</a>, <a +href="#Page_277">277</a>, <a href="#Page_286">286</a>, <a +href="#Page_379">379</a>, <a href="#Page_389">389</a>, <a +href="#Page_441">441</a>; + +<ul class="IX"><li>§ 28, <a href="#Page_478">478</a>;</li> + +<li>E. § 2 (2), (3), <a href="#Page_520">520</a>; § 8, <a +href="#Page_523">523</a>; § 11, <a href="#Page_524">524</a>.</li> + +<li><i>See also</i> Intent.</li></ul></li> + +<li>Knox & Hind, <a href="#Page_459">459</a>.</li> + +<li>Koberger, <a href="#Page_10">10</a>.</li> + +<li>Kohler, Josef, <a href="#Page_461">461</a>.</li> + +<li>Korea, <a href="#Page_112">112</a>, <a +href="#Page_416"><b>416</b></a>.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_L"></a>Labels, <a href="#Page_37">37</a>, <a +href="#Page_64">64</a>, <a href="#Page_69">69</a>, <a +href="#Page_223">223</a>, <a href="#Page_233">233</a>, <a +href="#Page_237">237</a>, <a href="#Page_309">309</a>.</li> + +<li>Labor copr. rpt., <a href="#Page_456">456</a>.</li> + +<li>Laces noncopr., <a href="#Page_72">72</a>, <a +href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 12, <a href="#Page_498">498</a>.</li></ul></li> + +<li>Laches. <i>See also</i> Forfeiture, Notice, omission.</li> + +<li>Lacombe, J., <a href="#Page_177">177</a>.</li> + +<li>Ladd <i>v.</i> Oxnard (1896), <a href="#Page_53">53</a>.</li> + +<li>Lamb, C., letters, <a href="#Page_92">92</a>.</li> + +<li>Lamb <i>v.</i> Evans (1892), <a href="#Page_74">74</a>.</li> + +<li>Landa <i>v.</i> Greenberg (1908), <a href="#Page_99">99</a>.</li> + +<li>Landscapes not map., <a href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 11, <a href="#Page_498">498</a>.</li> + +<li><i>See also</i> Artistic work.</li></ul></li> + +<li>Languages. <i>See</i> Translate, Translations.</li> + +<li>Larby <i>v.</i> Love (1910), <a href="#Page_57">57</a>.</li> + +<li>Larceny. <i>See</i> Infringement.</li> + +<li>Lathrop, G. P., <a href="#Page_356">356</a>.</li> + +<li>Latin Amer., <a href="#Page_419"><b>419</b></a>. + +<ul class="IX"><li><i>See also</i> Pan Amer. Union and names of +countries.</li></ul></li> + +<li>Law reports and digests, <a href="#Page_40">40</a>, <a +href="#Page_98">98</a>, <a href="#Page_257"><b>257</b></a>, <a +href="#Page_441">441</a>, <a href="#Page_460">460</a>. + +<ul class="IX"><li><i>See also</i> Chronological table of +cases.</li></ul></li> + +<li>Lawfully obtained copies, <a href="#Page_60">60</a>; + +<ul class="IX"><li>§ 41, <a href="#Page_482">482</a>.</li></ul></li> + +<li>Lawrence <i>v.</i> Dana (1869), <a href="#Page_81">81</a>, <a +href="#Page_134">134</a>, <a href="#Page_254">254</a>.</li> + +<li>Lawrence & Bullen <i>v.</i> Aflalo (1903) <a +href="#Page_99">99</a>.</li> + +<li>Laws. <i>See</i> Copr. Office publications, <i>also</i> British, U. S. +and names of other countries.</li> + +<li>Lea, H. C, <a href="#Page_358">358</a>.</li> + +<li>Leaflets copr., <a href="#Page_70">70</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Lease, right to, <a href="#Page_46">46</a>, <a href="#Page_48">48</a>, +<a href="#Page_49">49</a>, <a href="#Page_53">53</a>.</li> + +<li>Leases, <a href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Lecture. <i>See</i> Oral work.</li> + +<li>Lectures copr. act (1835), <a href="#Page_28">28</a>.</li> + +<li>Lee <i>v.</i> Gibbings (1892), <a href="#Page_274">274</a>.</li> + +<li>Leech, J., illustrations by, <a href="#Page_8">8</a>, <a +href="#Page_98">98</a>.</li> + +<li>Legal documents, <a href="#Page_72">72</a>.</li> + +<li>Legal representatives. <i>See</i> Administrators, Executor, Heirs, +etc.</li> + +<li>Leipzig book-fair, <a href="#Page_11">11</a>, <a +href="#Page_13">13</a>; + +<ul class="IX"><li>tribunals, <a href="#Page_211">211</a>.</li></ul></li> + +<li>Lend, right to, <a href="#Page_46">46</a>, <a href="#Page_48">48</a>, +<a href="#Page_49">49</a>.</li> + +<li>Lennie <i>v.</i> Pillans (1843), <a href="#Page_81">81</a>.</li> + +<li>Leo X, <a href="#Page_17">17</a>.</li> + +<li><a name="Page_694" id="Page_694"></a><span class="pagenum">[Pg +694]</span> Letter-file indexes, noncopr., <a href="#Page_70">70</a>.</li> + +<li>Letters, <a href="#Page_4">4</a>, <a href="#Page_91"><b>91</b></a>, <a +href="#Page_94">94</a>, <a href="#Page_421">421</a>.</li> + +<li>Letters of the King, <a href="#Page_18">18</a>.</li> + +<li>Letters, ornamental, noncopr., <a href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 16, <a href="#Page_499">499</a>.</li></ul></li> + +<li>Letters patent, <a href="#Page_10">10</a>.</li> + +<li>Liability. <i>See</i> Infringement, Proprietor.</li> + +<li>Libel, <a href="#Page_100">100</a>, <a href="#Page_275">275</a>, <a +href="#Page_437">437</a>. + +<ul class="IX"><li><i>See also</i> Reputation.</li></ul></li> + +<li>Libelous. <i>See</i> Immoral works.</li> + +<li>Liberia, <a href="#Page_62">62</a>, <a href="#Page_124">124</a>, <a +href="#Page_318">318</a>, <a href="#Page_320">320</a>, <a +href="#Page_323">323</a>, <a href="#Page_330">330</a>, <a +href="#Page_419"><b>419</b></a>.</li> + +<li><i>Libraires</i>, <a href="#Page_10">10</a>; + +<ul class="IX"><li><i>jurées</i>, <a href="#Page_10">10</a>, <a +href="#Page_15">15</a>, <a href="#Page_17">17</a>.</li></ul></li> + +<li>Librarian of Congress, <a href="#Page_37">37</a>, <a +href="#Page_72">72</a>, <a href="#Page_96">96</a>, <a +href="#Page_296">296</a>, <a href="#Page_297">297</a>, <a +href="#Page_299">299</a>, <a href="#Page_302">302</a>, <a +href="#Page_303">303</a>, <a href="#Page_305">305</a>, <a +href="#Page_306">306</a>, <a href="#Page_367">367</a>; + +<ul class="IX"><li>§ 48, § 49, <a href="#Page_483">483</a>; § 51, <a +href="#Page_484">484</a>; § 59, § 60, <a +href="#Page_486">486</a>.</li></ul></li> + +<li><i>Librarium</i>, <a href="#Page_8">8</a>.</li> + +<li>Library compensation, E. § 34, <a href="#Page_541">541</a>; + +<ul class="IX"><li>deposits, <a href="#Page_16">16</a>, <a +href="#Page_18">18</a>, <a href="#Page_306">306</a>; + +<ul class="IX"><li>§ 59, <a href="#Page_486">486</a>;</li> + +<li>C. § 27, <a href="#Page_568">568</a>;</li></ul></li> + +<li>importation, <a href="#Page_279">279</a>, <a href="#Page_281">281</a>, +<a href="#Page_288">288</a>, <a href="#Page_290"><b>290</b></a>, <a +href="#Page_293">293</a>, <a href="#Page_386">386</a>, <a +href="#Page_387">387</a>; + +<ul class="IX"><li>§ 31 (d), <a href="#Page_479">479</a>;</li> + +<li>C. § 17, <a href="#Page_565">565</a>;</li></ul></li> + +<li>loans, <a href="#Page_60">60</a>, <a href="#Page_164">164</a>; + +<ul class="IX"><li>§ 28, <a href="#Page_478">478</a>.</li></ul></li> + +<li><i>See also</i> Importation, Universities.</li></ul></li> + +<li>Library of Congress, <a href="#Page_36">36</a>, <a +href="#Page_144">144</a>, <a href="#Page_289">289</a>, <a +href="#Page_298">298</a>, <a href="#Page_305">305</a>, <a +href="#Page_367">367</a>, <a href="#Page_369">369</a>; + +<ul class="IX"><li>§ 13, <a href="#Page_470">470</a>; § 59, <a +href="#Page_486">486</a>;</li> + +<li>of Parliament, C. § 27, <a href="#Page_568">568</a>.</li></ul></li> + +<li>Library Committee. <i>See</i> Congressional Committees.</li> + +<li>Librettos, <a href="#Page_71">71</a>, <a href="#Page_121">121</a>, <a +href="#Page_180">180</a>, <a href="#Page_181">181</a>, <a +href="#Page_188">188</a>, <a href="#Page_393">393</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>;</li> + +<li>Au. § 4, <a href="#Page_581">581</a>.</li></ul></li> + +<li>License, right to, <a href="#Page_46">46</a>, <a +href="#Page_48">48</a>, <a href="#Page_61">61</a>, <a +href="#Page_113">113</a>, <a href="#Page_123">123</a>, <a +href="#Page_190">190</a>, <a href="#Page_236">236</a>; + +<ul class="IX"><li>E. § 5, <a href="#Page_521">521</a>;</li> + +<li>Au. § 25, <a href="#Page_587">587</a>; § 43, <a +href="#Page_591">591</a>.</li></ul></li> + +<li>License, <a href="#Page_51">51</a>, <a href="#Page_61">61</a>, <a +href="#Page_211">211</a>, <a href="#Page_377">377</a>, <a +href="#Page_387">387</a>, <a href="#Page_422">422</a>, <a +href="#Page_425">425</a>, <a href="#Page_450">450</a>, <a +href="#Page_451">451</a>; + +<ul class="IX"><li>E. § 4, <a href="#Page_451">451</a>; § 16, <a +href="#Page_528">528</a>, § 29, <a href="#Page_540">540</a>;</li> + +<li>C. § 6, <a href="#Page_559">559</a>; § 7, <a href="#Page_561">561</a>; +§ 17, <a href="#Page_565">565</a>; § 19, <a href="#Page_566">566</a>;</li> + +<li>early printers', <a href="#Page_11">11</a>, <a +href="#Page_21">21</a>;</li> + +<li>limitation of, <a href="#Page_82">82</a>, <a href="#Page_190">190</a>, +<a href="#Page_236">236</a>, <a href="#Page_253">253</a>, <a +href="#Page_256">256</a>;</li> + +<li>mechanical reproduction, <a href="#Page_52">52</a>, <a +href="#Page_202">202</a>, <a href="#Page_206">206</a>, <a +href="#Page_207">207</a>, <a href="#Page_208">208</a>, <a +href="#Page_268">268</a>, <a href="#Page_377">377</a>, <a +href="#Page_450">450</a>; + +<ul class="IX"><li>§ 1 (e), <a href="#Page_465">465</a>; § 25 (e), <a +href="#Page_477">477</a>;</li> + +<li>R. § 44, 45, <a href="#Page_508">508</a>;</li> + +<li>E. § 19, <a href="#Page_529">529</a>;</li></ul></li> + +<li>sub-license, <a href="#Page_187">187</a>; + +<ul class="IX"><li>registration, C. § 7 (3), <a +href="#Page_560">560</a>;</li> + +<li>Au. § 66, <a href="#Page_599">599</a>.</li></ul></li> + +<li><i>See also</i> Assignment, Royalty.</li></ul></li> + +<li>Licensing acts, <a href="#Page_21">21</a>, <a href="#Page_22">22</a>, +<a href="#Page_385">385</a>.</li> + +<li>Lieber, Dr. Francis, <a href="#Page_346">346</a>, <a +href="#Page_454">454</a>.</li> + +<li>"Liedertafel series" <i>in re</i> (1907), <a +href="#Page_447">447</a>.</li> + +<li>Lien, printer's, <a href="#Page_449">449</a>.</li> + +<li><i>Life</i>, case, <a href="#Page_84">84</a>.</li> + +<li>Limitation, <a href="#Page_6">6</a>, <a href="#Page_14">14</a>, <a +href="#Page_21">21</a>, <a href="#Page_44">44</a>, <a +href="#Page_46">46</a>, <a href="#Page_48">48</a>, <a +href="#Page_49">49</a>, <a href="#Page_53">53</a>, <a +href="#Page_199">199</a>, <a href="#Page_235">235</a>, <a +href="#Page_236">236</a>, <a href="#Page_393">393</a>; + +<ul class="IX"><li>E. § 3, <a href="#Page_520">520</a>; § 4, <a +href="#Page_521">521</a>; § 19 (7), <a href="#Page_532">532</a>, (8) <a +href="#Page_533">533</a>;</li> + +<li>C. § 33, <a href="#Page_571">571</a>;</li> + +<li>I. <a href="#Page_615b">615</a>;</li> + +<li>actions, <a href="#Page_122">122</a>, <a href="#Page_270">270</a>, <a +href="#Page_272">272</a>, <a href="#Page_273">273</a>, <a +href="#Page_378">378</a>, <a href="#Page_404">404</a>; + +<ul class="IX"><li>§ <a href="#Page_39">39</a>. <a +href="#Page_481">481</a>;</li> + +<li>E. § 10, <a href="#Page_524">524</a>;</li> + +<li>C. § 10, § 12, <a href="#Page_562">562</a>;</li> + +<li>Au. § 48, <a href="#Page_592">592</a>; § 59, <a +href="#Page_597">597</a>;</li></ul></li> + +<li>assignment, <a href="#Page_61">61</a>, <a href="#Page_82">82</a>, <a +href="#Page_113">113</a>, <a href="#Page_377">377</a>, <a +href="#Page_378">378</a>; + +<ul class="IX"><li>E. § 5, <a href="#Page_521">521</a>; § 24, <a +href="#Page_534">534</a>;</li> + +<li>C. § 7, <a href="#Page_560">560</a>; § 33, <a +href="#Page_571">571</a>;</li></ul></li> + +<li>sale, <a href="#Page_47">47</a>, <a href="#Page_54"><b>54</b></a>, <a +href="#Page_60">60</a>.</li> + +<li><i>See also</i> "Fair use," License, Price, Term.</li></ul></li> + +<li>Lindemann, Otto, <a href="#Page_460">460</a>.</li> + +<li>Lisbon literary congress (1880), <a href="#Page_314">314</a>.</li> + +<li>Lists copr., <a href="#Page_69">69</a>, <a +href="#Page_70">70</a>.</li> + +<li>Literary and general copr., <a href="#Page_35">35-161</a>; + +<ul class="IX"><li>property, early, <a href="#Page_8">8</a>, <a +href="#Page_15">15</a>, <a href="#Page_18">18</a>.</li></ul></li> + +<li>Literary work, definitions, <a href="#Page_70">70</a>, <a +href="#Page_94">94</a>, <a href="#Page_198">198</a>, <a +href="#Page_318">318</a>, <a href="#Page_326">326</a>, <a +href="#Page_375">375</a>, <a href="#Page_387">387</a>, <a +href="#Page_388">388</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>;</li> + +<li>E. § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_637">637</a>, <a +href="#Page_642">642</a>, <a href="#Page_649">649</a>.</li> + +<li><i>See also</i> Book and specific references under Application, +Affidavit, Certificate, etc.</li></ul></li> + +<li>Literature of copr., <a href="#Page_453"><b>453-462</b></a>.</li> + +<li>Lithographs, <a href="#Page_138">138</a>, <a href="#Page_139">139</a>, +<a href="#Page_144">144</a>, <a href="#Page_153">153</a>, <a +href="#Page_156">156</a>, <a href="#Page_228"><b>228</b></a>, <a +href="#Page_244">244</a>, <a href="#Page_247">247</a>, <a +href="#Page_248">248</a>, <a href="#Page_250">250</a>, <a +href="#Page_326">326</a>; + +<ul class="IX"><li>§ 15, <a href="#Page_471">471</a>; § 16, <a +href="#Page_472">472</a>;</li> + +<li>R. § 27, <a href="#Page_502">502</a>;</li> + +<li>E. § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_634">634</a>.</li></ul></li> + +<li>Little <i>v.</i> Gould (1852), <a href="#Page_98">98</a>.</li> + +<li>Littleton <i>v.</i> Ditson (1894), <a href="#Page_167">167</a>.</li> + +<li>Living pictures. <i>See</i> <i>Tableaux</i>; <i>also</i> Moving +pictures.</li> + +<li>Logarithmic tables copr., <a href="#Page_70">70</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>.</li></ul></li> + +<li>London <i>Gazette</i>; + +<ul class="IX"><li>E. § 24, <a href="#Page_535">535</a>; § 25, <a +href="#Page_536">536</a>; § 32, <a href="#Page_541">541</a>;</li> + +<li>international exhibition, <a href="#Page_29">29</a>;</li> + +<li><i>Journal</i>, <a href="#Page_83">83</a>;</li> + +<li>literary congress (1879, 1890), <a href="#Page_209">209</a>, <a +href="#Page_314">314</a>.</li></ul></li> + +<li>Long Parliament, <a href="#Page_21">21</a>.</li> + +<li>Lords, House of, decision, <a href="#Page_25">25</a>, <a +href="#Page_26">26</a>.</li> + +<li>Lorimer <i>v.</i> Boston Herald (1903), <a +href="#Page_264">264</a>.</li> + +<li>Louis XII, XIV, <a href="#Page_18">18</a>.</li> + +<li>Louisiana copr. legislation, <a href="#Page_39">39</a>, <a +href="#Page_194">194</a>; + +<ul class="IX"><li>Purchase Exposition, <a +href="#Page_38">38</a>.</li></ul></li> + +<li>Low <i>v.</i> Routledge (1864), <a href="#Page_128">128</a>.</li> + +<li>Lowe, Joseph, <a href="#Page_454">454</a>.</li> + +<li>Lowell, J. R., <a href="#Page_355">355</a>, <a +href="#Page_359">359</a>, <a href="#Page_454">454</a>.</li> + +<li>Lowndes, J. James, <a href="#Page_18">18</a>, <a +href="#Page_19">19</a>, <a href="#Page_456">456</a>.</li> + +<li>Lucas <i>v.</i> Moncrieff (1905), <a href="#Page_443">443</a>.</li> + +<li>Lucas <i>v.</i> Williams (1892), <a href="#Page_243">243</a>, <a +href="#Page_274">274</a>.</li> + +<li>Luckombe, <a href="#Page_251">251</a>.</li> + +<li>Luther, <a href="#Page_12">12</a>.</li> + +<li>Luxemburg, <a href="#Page_112">112</a>, <a href="#Page_198">198</a>, +<a href="#Page_200">200</a>, <a href="#Page_214">214</a>, <a +href="#Page_248">248</a>, <a href="#Page_321">321-23</a>, <a +href="#Page_330">330</a>, <a href="#Page_340">340</a>, <a +href="#Page_400"><b>400</b></a>, <a href="#Page_490">490</a>.</li> + +<li>Lyrical work, <a href="#Page_393">393</a>; + +<ul class="IX"><li>Au. § 4, <a href="#Page_581">581</a>.</li> + +<li><i>See also</i> Dramatico-musical work.</li></ul></li> </ul> + +<ul class="IX"> + +<li><a name="IX_M"></a><a name="Page_695" id="Page_695"></a><span +class="pagenum">[Pg 695]</span> Macaulay, <a href="#Page_28">28</a>, <a +href="#Page_456">456</a>.</li> + +<li>McCall, S. W., bill (1908), <a href="#Page_156">156</a>, <a +href="#Page_370">370</a>.</li> + +<li>McDonald <i>v.</i> Hearst (1899), <a href="#Page_271">271</a>.</li> + +<li>Macdonald <i>v.</i> National Review (1893), <a +href="#Page_442"><b>442</b></a>.</li> + +<li>MacGillivray, E. L., <a href="#Page_181">181</a>, <a +href="#Page_252">252</a>, <a href="#Page_458">458</a>.</li> + +<li>Mackaye's "Hazel Kirke," <a href="#Page_188">188</a>.</li> + +<li>McKay Shoe Mfg. Co. license, <a href="#Page_451">451</a>.</li> + +<li>McKinley, W., <a href="#Page_308">308</a>, <a +href="#Page_362">362</a>.</li> + +<li>Macmillan <i>v.</i> Dent (1906), <a href="#Page_92">92</a>.</li> + +<li>M'Vickar, Dr., <a href="#Page_341">341</a>.</li> + +<li>Macy cases, <a href="#Page_55">55</a>.</li> + +<li>Madison, President, <a href="#Page_33">33</a>, <a +href="#Page_35">35</a>.</li> + +<li>Magazine. <i>See</i> Periodical.</li> + +<li>Mails, importation, <a href="#Page_279">279</a>, <a +href="#Page_282">282</a>, <a href="#Page_515"><b>515</b></a>; + +<ul class="IX"><li>§ 33, <a href="#Page_480">480</a>;</li> + +<li>loss in, of deposit copies, <a href="#Page_145">145</a>;</li> + +<li>transmission, <a href="#Page_36">36</a>, <a href="#Page_37">37</a>, <a +href="#Page_142">142</a>, <a href="#Page_145">145</a>, <a +href="#Page_515">515</a>; + +<ul class="IX"><li>§ 14, <a href="#Page_471">471</a>;</li></ul></li> + +<li>R. § 39, <a href="#Page_507">507</a>.</li></ul></li> + +<li>Mallory <i>v.</i> Mackaye (1898), <a href="#Page_188">188</a>.</li> + +<li>Maloney <i>v.</i> Foote (1900), <a href="#Page_274">274</a>.</li> + +<li>Malta, <a href="#Page_397">397</a>.</li> + +<li>Mansell <i>v.</i> Valley Printing Co. (1908), <a +href="#Page_61">61</a>.</li> + +<li>Manufacturing provisions, <a href="#Page_39">39</a>, <a +href="#Page_79">79</a>, <a href="#Page_88"><b>88</b></a>, <a +href="#Page_144">144</a>, <a href="#Page_148">148</a>, <a +href="#Page_153"><b>153-61</b></a>, <a href="#Page_228">228</a>, <a +href="#Page_285">285</a>, <a href="#Page_341">341-72</a>; + +<ul class="IX"><li>§ 12, <a href="#Page_470">470</a>; § 15, <a +href="#Page_471">471</a>; § 16, <a href="#Page_472">472</a>;</li> + +<li>R. § 27, <a href="#Page_502">502</a>; § 32-35, <a +href="#Page_504">504-06</a>;</li> + +<li>affidavit, <a href="#Page_137">137</a>, <a href="#Page_139">139</a>, +<a href="#Page_156"><b>156</b></a>, <a href="#Page_304">304</a>, <a +href="#Page_512">512</a>; + +<ul class="IX"><li>§ 16, <a href="#Page_472">472</a>; § 55, <a +href="#Page_484">484</a>;</li> + +<li>R. § 32-35, <a href="#Page_504">504-6</a>;</li></ul></li> + +<li>"boomerang" effect, <a href="#Page_286">286</a>;</li> + +<li>exceptions, <a href="#Page_146">146</a>, <a href="#Page_153">153</a>, +<a href="#Page_154">154</a>, <a href="#Page_155"><b>155</b></a>, <a +href="#Page_167">167</a>, <a href="#Page_228">228</a>, <a +href="#Page_284">284</a>, <a href="#Page_513">513</a>; + +<ul class="IX"><li>§ 15, <a href="#Page_471">471</a>; § 31, <a +href="#Page_478">478</a>;</li> + +<li>R. § 27, § 28, <a href="#Page_502">502</a>; § 32, <a +href="#Page_504">504</a>; § 35, <a +href="#Page_506">506</a>;</li></ul></li> + +<li>importation, <a href="#Page_80">80</a>, <a href="#Page_147">147</a>, +<a href="#Page_159"><b>159</b></a>, <a href="#Page_279">279</a>, <a +href="#Page_280">280</a>, <a href="#Page_283">283</a>, <a +href="#Page_287">287</a>, <a href="#Page_513">513</a>; + +<ul class="IX"><li>§ 31, <a href="#Page_478">478</a>;</li></ul></li> + +<li>in British Empire, <a href="#Page_152">152</a>, <a +href="#Page_160">160</a>, <a href="#Page_161">161</a>, <a +href="#Page_168">168</a>, <a href="#Page_385">385</a>, <a +href="#Page_387">387-93</a>; + +<ul class="IX"><li>E. § 25 (2), <a href="#Page_537">537</a>;</li> + +<li>C. § 3 (2), <a href="#Page_557">557</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>; § 35, <a +href="#Page_590">590</a>;</li></ul></li> + +<li>in other countries, <a href="#Page_14">14</a>, <a +href="#Page_16">16</a>, <a href="#Page_17">17</a>, <a +href="#Page_20">20</a>, <a href="#Page_62">62</a>, <a +href="#Page_152">152</a>, <a href="#Page_160">160</a>, <a +href="#Page_397">397</a>, <a href="#Page_401">401</a>, <a +href="#Page_417">417</a>.</li> + +<li><i>See also</i> Annulment.</li></ul></li> + +<li>Manufacture, right to, <a href="#Page_46">46</a>, <a +href="#Page_48">48</a>, <a href="#Page_49">49</a>.</li> + +<li>Manuscript, <a href="#Page_4">4</a>, <a href="#Page_9">9</a>, <a +href="#Page_42">42</a>, <a href="#Page_45">45</a>, <a +href="#Page_90">90</a>, <a href="#Page_91"><b>91</b></a>, <a +href="#Page_94">94</a>, <a href="#Page_95">95</a>, <a +href="#Page_102">102</a>, <a href="#Page_106">106</a>, <a +href="#Page_116"><b>116</b></a>, <a href="#Page_163">163</a>, <a +href="#Page_179">179</a>, <a href="#Page_181">181</a>, <a +href="#Page_186"><b>186</b></a>, <a href="#Page_199">199</a>, <a +href="#Page_218"><b>218</b></a>, <a href="#Page_299">299</a>, <a +href="#Page_306">306</a>, <a href="#Page_332">332</a>, <a +href="#Page_412">412</a>, <a href="#Page_432">432</a>, <a +href="#Page_434">434</a>, <a href="#Page_451">451</a>; + +<ul class="IX"><li>§ 1 (d), <a href="#Page_465">465</a>; § 60, <a +href="#Page_486">486</a>;</li> + +<li>R. § 18, <a href="#Page_499">499</a>;</li> + +<li>E. § 17, <a href="#Page_529">529</a>;</li> + +<li>P. <a href="#Page_637">637</a>.</li> + +<li><i>See also</i> Unpublished work.</li></ul></li> + +<li>Manx. <i>See</i> Isle of Man.</li> + +<li>Maple <i>v.</i> Junior Army & Navy Stores (1882), <a +href="#Page_73">73</a>.</li> + +<li>Maps, <a href="#Page_57">57</a>, <a href="#Page_63">63</a>, <a +href="#Page_69">69</a>, <a href="#Page_70">70</a>, <a +href="#Page_223"><b>223</b></a>, <a href="#Page_239">239</a>, <a +href="#Page_247">247</a>, <a href="#Page_248">248</a>, <a +href="#Page_250">250</a>, <a href="#Page_255">255</a>, <a +href="#Page_288">288</a>, <a href="#Page_326">326</a>, <a +href="#Page_333">333</a>; + +<ul class="IX"><li>§ 5 f. <a href="#Page_468">468</a>; § 18, <a +href="#Page_472">472</a>;</li> + +<li>R. § 4, <a href="#Page_496">496</a>; § 11, <a +href="#Page_498">498</a>; § 25, <a href="#Page_501">501</a>;</li> + +<li>E. § 15 (7), <a href="#Page_527">527</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>; § 3, <a href="#Page_557">557</a>; +§ 26, <a href="#Page_568">568</a>;</li> + +<li>Au. § 4, <a href="#Page_581">581</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_637">637</a>, <a +href="#Page_649">649</a>;</li> + +<li>application card, <a href="#Page_140">140</a>, <a +href="#Page_229">229</a>; + +<ul class="IX"><li>R. § 31, <a +href="#Page_504">504</a>.</li></ul></li></ul></li> + +<li>Mark Twain. <i>See</i> Clemens, S. L.</li> + +<li>Marshall <i>v.</i> Bull (1901), <a href="#Page_238">238</a>.</li> + +<li>Martial, <a href="#Page_8">8</a>.</li> + +<li>Mary <i>v.</i> Hubert (1906), <a href="#Page_382">382</a>.</li> + +<li>Maryland copr. legislation, <a href="#Page_35">35</a>.</li> + +<li>Massachusetts copr. legislation, <a href="#Page_35">35</a>, <a +href="#Page_39">39</a>, <a href="#Page_194">194</a>; + +<ul class="IX"><li>"written ballot," <a +href="#Page_66">66</a>.</li></ul></li> + +<li>Massenet and Puccini <i>v.</i> <i>Compagnie générale des phonographes, +et al.</i> (1904), <a href="#Page_213">213</a>.</li> + +<li>Masses, performance of, <a href="#Page_60">60</a>, <a +href="#Page_164">164</a>; + +<ul class="IX"><li>§ 28, <a href="#Page_478">478</a>.</li></ul></li> + +<li>Material object, separate right in, <a href="#Page_8">8</a>, <a +href="#Page_60"><b>60</b></a>, <a href="#Page_92">92</a>, <a +href="#Page_98">98</a>, <a href="#Page_222">222</a>, <a +href="#Page_228"><b>228</b></a>, <a href="#Page_231">231</a>, <a +href="#Page_234">234</a>, <a href="#Page_247">247</a>, <a +href="#Page_393">393</a>, <a href="#Page_396">396</a>, <a +href="#Page_398">398</a>; + +<ul class="IX"><li>§ 41, <a href="#Page_482">482</a>;</li> + +<li>Au. § 41, <a href="#Page_590">590</a>.</li></ul></li> + +<li>Mathematical tables copr., <a href="#Page_69">69</a>, <a +href="#Page_70">70</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Matrices, <a href="#Page_266">266</a>, <a href="#Page_268">268</a>, <a +href="#Page_270">270</a>; + +<ul class="IX"><li>§ 25 (d), <a href="#Page_476">476</a>; § 27, <a +href="#Page_477">477</a>;</li> + +<li>E. § 35, <a href="#Page_543">543</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>.</li></ul></li> + +<li>Matthews, Brander, <a href="#Page_454">454</a>.</li> + +<li>Maugham, Robert, <a href="#Page_458">458</a>.</li> + +<li>Mauritius, <a href="#Page_395">395</a>.</li> + +<li>Mawman <i>v.</i> Tegg (1826), <a href="#Page_256">256</a>.</li> + +<li>Maximilian I, <a href="#Page_11">11</a>.</li> + +<li>Maxwell <i>v.</i> Goodwin (1899), <a href="#Page_187">187</a>.</li> + +<li>Maxwell <i>v.</i> Hogg (1867), <a href="#Page_75">75</a>, <a +href="#Page_84">84</a>, <a href="#Page_85">85</a>.</li> + +<li>Mead <i>v.</i> West Pub. Co. (1896), <a href="#Page_257">257</a>.</li> + +<li>Mechanical instruments, <a href="#Page_42">42</a>, <a +href="#Page_45">45</a>, <a href="#Page_53">53</a>, <a +href="#Page_54">54</a>, <a href="#Page_163">163</a>, <a +href="#Page_191">191</a>, <a href="#Page_202"><b>202-221</b></a>, <a +href="#Page_268">268</a>, <a href="#Page_376">376</a>, <a +href="#Page_377">377</a>, <a href="#Page_387">387</a>; + +<ul class="IX"><li>§ 1 (d), <a href="#Page_465">465</a>; § 25 (e), <a +href="#Page_477">477</a>;</li> + +<li>E. § 1 (2), <a href="#Page_518">518</a>; § 19, <a +href="#Page_529">529</a>; § 35, <a href="#Page_543">543</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>; § 31, <a +href="#Page_570">570</a>; § 33, <a href="#Page_571">571</a>;</li> + +<li>I. <a href="#Page_616b">616</a>.</li></ul></li> + +<li>Mechanical reproduction, <a href="#Page_43">43</a>, <a +href="#Page_62">62</a>, <a href="#Page_164">164</a>, <a +href="#Page_169">169</a>, <a href="#Page_202"><b>202-21</b></a>, <a +href="#Page_320">320</a>, <a href="#Page_328">328</a>; + +<ul class="IX"><li>§ 1 (e), <a href="#Page_465">465</a>; § 25 (e), <a +href="#Page_477">477</a>;</li> + +<li>R. § 44, § 45, <a href="#Page_508">508</a>;</li> + +<li>I. <a href="#Page_615b">615</a>, <a href="#Page_616b">616</a>;</li> + +<li>application form, <a href="#Page_140">140</a>, <a +href="#Page_207">207</a>;</li> + +<li>arguments for control, <a href="#Page_214">214</a>;</li> + +<li>dramatic and dramatico-musical works, <a +href="#Page_166">166</a>;</li> + +<li>hearings on, <a href="#Page_202">202</a>, <a href="#Page_204">204</a>, +<a href="#Page_214">214</a>, <a href="#Page_369">369</a>, <a +href="#Page_370">370</a>;</li> + +<li>in British Empire, <a href="#Page_33">33</a>, <a +href="#Page_61">61</a>, <a href="#Page_178">178</a>, <a +href="#Page_208">208</a>, <a href="#Page_376">376</a>, <a +href="#Page_377">377</a>, <a href="#Page_387">387</a>; + +<ul class="IX"><li>E. § 1, <a href="#Page_518">518</a>; § 19, <a +href="#Page_529">529</a>; § 35, <a href="#Page_543">543</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>; § 33, <a +href="#Page_571">571</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li></ul></li> + +<li>in other countries, <a href="#Page_112">112</a>, <a +href="#Page_209">209</a>, <a href="#Page_212">212</a>, <a +href="#Page_213">213</a>, <a href="#Page_214">214</a>, <a +href="#Page_340">340</a>, <a href="#Page_400">400</a>, <a +href="#Page_408">408</a>, <a href="#Page_490">490</a>;</li> + +<li>notice of user, <a href="#Page_203">203</a>, <a +href="#Page_206">206</a>, <a href="#Page_207">207</a>, <a +href="#Page_208">208</a>, <a href="#Page_307">307</a>; + +<ul class="IX"><li>§ 1 (e), <a href="#Page_465">465</a>; § 25 (c), <a +href="#Page_477">477</a>; § 61, <a href="#Page_487">487</a>;</li> + +<li>R. § 44, § 45, <a href="#Page_508">508</a>;</li> + +<li>E. § 19, <a href="#Page_530">530</a>;</li></ul></li> + +<li>reciprocity, <a href="#Page_112">112</a>, <a href="#Page_202">202</a>, +<a href="#Page_212">212</a>, <a href="#Page_340">340</a>, <a +href="#Page_490">490</a>; + +<ul class="IX"><li>§ 1 (e), <a href="#Page_465">465</a>;</li></ul></li> + +<li>royalties, <a href="#Page_202">202</a>, <a href="#Page_204">204</a>, +<a href="#Page_206">206</a>, <a href="#Page_207"><b>207</b></a>, <a +href="#Page_211">211</a>; + +<ul class="IX"><li>§ 1 (e), <a href="#Page_465">465</a>; § 25 (e), <a +href="#Page_477">477</a>;</li> + +<li>E. § 19, <a href="#Page_530">530</a>.</li></ul></li> + +<li><i>See also</i> License.</li></ul></li> + +<li><a name="Page_696" id="Page_696"></a><span class="pagenum">[Pg +696]</span> Mechanical stage devices, <a href="#Page_162">162</a>; + +<ul class="IX"><li>R. § 8, <a href="#Page_497">497</a>.</li></ul></li> + +<li>Melody, <a href="#Page_43">43</a>, <a href="#Page_164">164</a>, <a +href="#Page_169">169</a>, <a href="#Page_170">170</a>, <a +href="#Page_198">198</a>, <a href="#Page_202">202</a>, <a +href="#Page_393">393</a>; + +<ul class="IX"><li>§ 1 (e), <a href="#Page_465">465</a>;</li> + +<li>Au. § 4, <a href="#Page_581">581</a>.</li> + +<li><i>See also</i> Musical work.</li></ul></li> + +<li>Memorandum books, noncopr., <a href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>.</li></ul></li> + +<li>Memorial. <i>See</i> Petitions.</li> + +<li>Merit, literary or artistic, <a href="#Page_14">14</a>, <a +href="#Page_68"><b>68</b></a>, <a href="#Page_69">69</a>, <a +href="#Page_73">73</a>, <a href="#Page_175">175</a>, <a +href="#Page_177"><b>177</b></a>, <a href="#Page_229"><b>229</b></a>, <a +href="#Page_237">237</a>, <a href="#Page_240">240</a>, <a +href="#Page_432">432</a>. + +<ul class="IX"><li><i>See also</i> Originality.</li></ul></li> + +<li>Merriam cases, <a href="#Page_134">134</a>, <a +href="#Page_261">261</a>.</li> + +<li>Messages. <i>See</i> Pigeons, Telegraph.</li> + +<li>Messages, Presidential, <a href="#Page_361">361</a>, <a +href="#Page_368">368</a>.</li> + +<li>Methods noncopr., <a href="#Page_54">54</a>, <a +href="#Page_70">70</a>, <a href="#Page_247">247</a>, <a +href="#Page_376">376</a>; + +<ul class="IX"><li>E. § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>.</li></ul></li> + +<li>Mexico, <a href="#Page_112">112</a>, <a href="#Page_124">124</a>, <a +href="#Page_198">198</a>, <a href="#Page_323">323</a>, <a +href="#Page_332">332</a>, <a href="#Page_420"><b>420</b></a>, <a +href="#Page_643">643</a>, <a href="#Page_652">652</a>.</li> + +<li>Mexico City conference, <a href="#Page_331">331</a>; + +<ul class="IX"><li>convention, <a href="#Page_112">112</a>, <a +href="#Page_332">332</a>, <a href="#Page_419">419</a>, <a +href="#Page_422">422</a>;</li> + +<li>text of, <a href="#Page_637">637-41</a>.</li> + +<li><i>See also</i> International, Pan-Amer. Union and names of +countries.</li></ul></li> + +<li>Michigan copr. legislation, <a href="#Page_40">40</a>, <a +href="#Page_194">194</a>.</li> + +<li>Mifflin <i>v.</i> Dutton (1902), <a href="#Page_102">102</a>.</li> + +<li>Milan literary congress (1892), <a href="#Page_209">209</a>.</li> + +<li>Miles <i>v.</i> American News Co. (1898), <a +href="#Page_236">236</a>.</li> + +<li>Mill, J. Stuart, <a href="#Page_351">351</a>.</li> + +<li>Millar <i>v.</i> Taylor (1769), <a href="#Page_25">25</a>.</li> + +<li>Milton, <a href="#Page_22">22</a>.</li> + +<li>Minnesota copr. legislation, <a href="#Page_39">39</a>, <a +href="#Page_194">194</a>.</li> + +<li>Misleading use. <i>See</i> Fraud, Intent.</li> + +<li>Mitchell & Miller <i>v.</i> White & Allen (1888), <a +href="#Page_84">84</a>.</li> + +<li>Model of artistic work, <a href="#Page_43">43</a>, <a +href="#Page_63">63</a>, <a href="#Page_93">93</a>, <a +href="#Page_127">127</a>, <a href="#Page_223">223-26</a>, <a +href="#Page_242">242</a>; + +<ul class="IX"><li>§ 1 (b), <a href="#Page_465">465</a>; § 5 (g), <a +href="#Page_468">468</a>;</li> + +<li>R. § 14, <a href="#Page_498">498</a>; § 20, <a +href="#Page_500">500</a>; § 25, <a href="#Page_501">501</a>;</li> + +<li>E. § 2, <a href="#Page_518">518</a>; § 35, <a +href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>; § 4, <a +href="#Page_558">558</a>.</li> + +<li><i>See also</i> Artistic work, Sculpture.</li></ul></li> + +<li>Modification. <i>See</i> Alteration.</li> + +<li>Molds, <a href="#Page_266">266</a>, <a href="#Page_268">268</a>, <a +href="#Page_270">270</a>, <a href="#Page_376">376</a>; + +<ul class="IX"><li>§ 25 (d), <a href="#Page_476">476</a>; § 27, <a +href="#Page_477">477</a>;</li> + +<li>E. § 2, <a href="#Page_518">518</a>; § 35, <a +href="#Page_543">543</a>;</li> + +<li>C. § 4, <a href="#Page_558">558</a>.</li></ul></li> + +<li>Monaco, <a href="#Page_214">214</a>, <a href="#Page_321">321</a>, <a +href="#Page_322">322</a>, <a href="#Page_323">323</a>, <a +href="#Page_330">330</a>, <a href="#Page_413"><b>413</b></a>.</li> + +<li>Monaghan <i>v.</i> Taylor (1886), <a href="#Page_193">193</a>.</li> + +<li>Monarch Book Co. <i>v.</i> Neil (1900), <a +href="#Page_244">244</a>.</li> + +<li>Monastic copyists, <a href="#Page_8">8</a>.</li> + +<li>Monckton <i>v.</i> Gramophone Co. (1910), <a +href="#Page_62">62</a>.</li> + +<li>Monkswell bill, <a href="#Page_31">31</a>.</li> + +<li>Monograms, <a href="#Page_70">70</a>; + +<ul class="IX"><li>§ 18, <a href="#Page_472">472</a>.</li></ul></li> + +<li>Monologues, <a href="#Page_171">171</a>.</li> + +<li>Monopoly copr., <a href="#Page_13">13</a>, <a +href="#Page_50"><b>50</b></a>, <a href="#Page_54">54</a>, <a +href="#Page_255">255</a>.</li> + +<li>Monroe-Smith Amendment, <a href="#Page_117">117</a>.</li> + +<li>Montalembert, <a href="#Page_9">9</a>, <a +href="#Page_453">453</a>.</li> + +<li>Montenegro, <a href="#Page_62">62</a>, <a href="#Page_124">124</a>, <a +href="#Page_321">321</a>, <a href="#Page_322">322</a>, <a +href="#Page_414"><b>414</b></a>.</li> + +<li>Montevideo congress, <a href="#Page_331">331</a>; + +<ul class="IX"><li>convention, <a href="#Page_331">331</a>, <a +href="#Page_419">419</a>;</li> + +<li>text of, <a href="#Page_633">633-36</a>.</li> + +<li><i>See also</i> International, Pan Amer. Union and names of +countries.</li></ul></li> + +<li>Moore, T., <a href="#Page_341">341</a>.</li> + +<li>Moore <i>v.</i> Edwardes (1903), <a href="#Page_176">176</a>.</li> + +<li>Morocco, <a href="#Page_418">418</a>.</li> + +<li>Morrill rpt. (1873), <a href="#Page_353">353</a>.</li> + +<li>Morris <i>v.</i> Coleman (1812), <a href="#Page_441">441</a>.</li> + +<li>Morris, E. J., bills (1858-60), <a href="#Page_348">348</a>.</li> + +<li>Morrison <i>v.</i> Pettibone (1897), <a href="#Page_272">272</a>.</li> + +<li>Mortgage, right to, <a href="#Page_46">46</a>, <a +href="#Page_48">48</a>; + +<ul class="IX"><li>§ 42, <a href="#Page_482">482</a>.</li></ul></li> + +<li>Morton, J. P., <a href="#Page_352">352</a>.</li> + +<li>Mosaics, <a href="#Page_234">234</a>.</li> + +<li>Mott <i>v.</i> Clow (1896), <a href="#Page_237">237</a>.</li> + +<li>Moving pictures, <a href="#Page_71">71</a>, <a href="#Page_77">77</a>, +<a href="#Page_163">163</a>, <a href="#Page_175">175</a>, <a +href="#Page_176">176</a>, <a href="#Page_178">178</a>, <a +href="#Page_211">211</a>, <a href="#Page_224">224</a>, <a +href="#Page_241">241</a>, <a href="#Page_242">242</a>, <a +href="#Page_328">328</a>, <a href="#Page_376">376</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>; § 8, <a +href="#Page_497">497</a>; § 15, <a href="#Page_498">498</a>;</li> + +<li>E. § 1, <a href="#Page_518">518</a>; § 35, <a +href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>; § 3 (2), <a +href="#Page_557">557</a>;</li> + +<li>I. <a href="#Page_618b">618</a>.</li></ul></li> + +<li>Munro <i>v.</i> Beadle (1888), <a href="#Page_262">262</a>.</li> + +<li>Munro <i>v.</i> Smith (1890), <a href="#Page_262">262</a>.</li> + +<li>Murphy <i>v.</i> Christian Press Assoc. (1899), <a +href="#Page_50">50</a>.</li> + +<li>Musical work, <a href="#Page_14">14</a>, <a +href="#Page_162"><b>162-201</b></a>, <a +href="#Page_202"><b>202-21</b></a>, <a href="#Page_296">296</a>, <a +href="#Page_375">375</a>, <a href="#Page_387">387</a>; + +<ul class="IX"><li>E. § 1, <a href="#Page_517">517</a>;</li> + +<li>C. § 3, <a href="#Page_557">557</a>;</li> + +<li>classification and definition, <a href="#Page_63">63</a>, <a +href="#Page_162">162</a>, <a href="#Page_318">318</a>, <a +href="#Page_326">326</a>, <a href="#Page_332">332</a>, <a +href="#Page_393">393</a>; + +<ul class="IX"><li>§ 5 (e), <a href="#Page_468">468</a>;</li> + +<li>R. § 9, <a href="#Page_497">497</a>; § 10, <a +href="#Page_498">498</a>;</li> + +<li>E. <a href="#Page_550">550-52</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_634">634</a>, <a +href="#Page_637">637</a>, <a href="#Page_649">649</a>;</li></ul></li> + +<li>acts, <a href="#Page_31">31</a>, <a href="#Page_32">32</a>, <a +href="#Page_36">36</a>, <a href="#Page_37">37</a>, <a +href="#Page_182">182</a>, <a href="#Page_193">193</a>, <a +href="#Page_195">195</a>, <a href="#Page_208">208</a>, <a +href="#Page_379">379</a>, <a href="#Page_550"><b>550</b></a>, <a +href="#Page_552"><b>552</b></a>; + +<ul class="IX"><li>E. § 11 (4), <a href="#Page_525">525</a>, <a +href="#Page_547">547</a>;</li></ul></li> + +<li>duties, <a href="#Page_288">288</a>;</li> + +<li>excepted from manufacturing clause, <a +href="#Page_167"><b>167</b></a>;</li> + +<li>formalities, <a href="#Page_86">86</a>, <a href="#Page_119">119</a>, +<a href="#Page_127">127</a>, <a href="#Page_139">139</a>, <a +href="#Page_144">144</a>, <a href="#Page_151">151</a>, <a +href="#Page_166">166</a>, <a href="#Page_168">168</a>, <a +href="#Page_189">189</a>, <a href="#Page_206">206</a>, <a +href="#Page_393">393</a>, <a href="#Page_406">406</a>, <a +href="#Page_407">407</a>, <a href="#Page_409">409</a>; + +<ul class="IX"><li>§ 11, <a href="#Page_470">470</a>; § 18, <a +href="#Page_472">472</a>; § 19, <a href="#Page_473">473</a>; § 25 (e), <a +href="#Page_477">477</a>;</li> + +<li>R. § 18, <a href="#Page_499">499</a>; § 44, 45, <a +href="#Page_508">508</a>;</li> + +<li>C. § 3, <a href="#Page_557">557</a>; § 26, <a +href="#Page_568">568</a>;</li> + +<li>Au. § 13, § 14, <a href="#Page_584">584</a>; § 32, <a +href="#Page_588">588</a>;</li> + +<li>I. <a href="#Page_614b">614</a>;</li></ul></li> + +<li>infringement, <a href="#Page_195">195</a>, <a +href="#Page_266">266</a>, <a href="#Page_268">268</a>, <a +href="#Page_394">394</a>; + +<ul class="IX"><li>§ 25 (b), <a href="#Page_476">476</a>;</li> + +<li>E. § 11 (4), <a href="#Page_525">525</a>, <a href="#Page_549">549</a>, +<a href="#Page_551">551</a>;</li> + +<li>Au. § 46, <a href="#Page_591">591</a>; § 51, <a +href="#Page_593">593</a>;</li></ul></li> + +<li>manufacture, <a href="#Page_168">168</a>;</li> + +<li>performance, <a href="#Page_59">59</a>, <a href="#Page_165">165</a>, +<a href="#Page_183">183</a>, <a href="#Page_185">185</a>, <a +href="#Page_322">322</a>, <a href="#Page_327">327</a>, <a +href="#Page_394">394</a>, <a href="#Page_404">404</a>; + +<ul class="IX"><li>R. § 23, <a href="#Page_500">500</a>;</li> + +<li>E. § 1 (3), <a href="#Page_518">518</a>;</li> + +<li>Au. § 14, <a href="#Page_584">584</a>;</li> + +<li>I. <a href="#Page_606b">606</a>;</li></ul></li> + +<li>prior publication, <a href="#Page_183">183</a>, <a +href="#Page_185">185</a>;</li> + +<li>special rights, <a href="#Page_42">42</a>, <a href="#Page_43">43</a>, +<a href="#Page_45">45</a>, <a href="#Page_162">162</a>, <a +href="#Page_163">163</a>, <a href="#Page_164">164</a>, <a +href="#Page_169">169</a>, <a href="#Page_198">198</a>, <a +href="#Page_202">202</a>, <a href="#Page_392">392</a>; + +<ul class="IX"><li>§ 1 (e), <a href="#Page_465">465</a>;</li> + +<li>E. § 1, <a href="#Page_517">517</a>, <a href="#Page_518">518</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>, <a href="#Page_577">577</a>;</li> + +<li>Au. § 13, 14, <a href="#Page_584">584</a>;</li> + +<li>I. <a href="#Page_613b">613</a>.</li></ul></li> + +<li><a name="Page_697" id="Page_697"></a><span class="pagenum">[Pg +697]</span><i>See also</i> Adaptation, Arrangement, Dramatico-musical, +License, Mechanical, Notation, Term, Transcription, etc.</li></ul></li> + +<li>Musical copr. Committees, <a href="#Page_32">32</a>, <a +href="#Page_196">196</a>, <a href="#Page_459">459</a>.</li> + +<li>Music sheet, <i>see</i> Sheet.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_N"></a>Name, author's right in, <a href="#Page_98">98</a>, +<a href="#Page_100">100</a>, <a href="#Page_333">333</a>; + +<ul class="IX"><li>P. <a href="#Page_639">639</a>;</li> + +<li>as proof, <a href="#Page_152">152</a>, <a href="#Page_200">200</a>, <a +href="#Page_241">241</a>, <a href="#Page_319">319</a>, <a +href="#Page_329a">329</a>, <a href="#Page_333">333</a>, <a +href="#Page_336">336</a>, <a href="#Page_378">378</a>; + +<ul class="IX"><li>E. § 6, <a href="#Page_523">523</a>;</li> + +<li>I. <a href="#Page_617b">617</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_639">639</a>, <a +href="#Page_650">650</a>;</li></ul></li> + +<li>in application, <a href="#Page_420">420</a>, <a +href="#Page_421">421</a>, <a href="#Page_437">437</a>; + +<ul class="IX"><li>R. § 29, <a href="#Page_502">502</a>; § 30, <a +href="#Page_503">503</a>;</li></ul></li> + +<li>in copr. notice, <a href="#Page_105"><b>105</b></a>, <a +href="#Page_128">128</a>, <a href="#Page_129"><b>129</b></a>, <a +href="#Page_135">135</a>.</li> + +<li><i>See also</i> Application, Author, Evidence, Notice.</li></ul></li> + +<li>Natal, <a href="#Page_396">396</a>. + +<ul class="IX"><li><i>See also</i> South African Union.</li></ul></li> + +<li>National Assembly, French, <a href="#Page_18">18</a>, <a +href="#Page_114">114</a>, <a href="#Page_398">398</a>.</li> + +<li>Nat. Tel. News Co. <i>v.</i> West Union Tel. Co. (1902), <a +href="#Page_89">89</a>.</li> + +<li>Nationality. <i>See</i> Foreign author, Residence.</li> + +<li>Negatives, <a href="#Page_36">36</a>, <a href="#Page_123">123</a>, <a +href="#Page_239">239</a>, <a href="#Page_240">240</a>, <a +href="#Page_245">245</a>, <a href="#Page_247">247</a>, <a +href="#Page_248">248</a>, <a href="#Page_393">393</a>; + +<ul class="IX"><li>E. § 35, <a href="#Page_543">543</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>; § 31, <a +href="#Page_570">570</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>.</li> + +<li><i>See also</i> Photograph.</li></ul></li> + +<li>Netherlands. <i>See</i> Holland.</li> + +<li>Nethersole <i>v.</i> Bell (1903), <a href="#Page_174">174</a>.</li> + +<li>Neufchâtel, literary congress (1891), <a +href="#Page_209">209</a>.</li> + +<li>Neufeld <i>v.</i> Chapman (1901), <a href="#Page_448">448</a>.</li> + +<li>New Brunswick, <a href="#Page_383">383</a>.</li> + +<li>New editions. <i>See</i> Editions, new.</li> + +<li>New Hampshire copr. legislation, <a href="#Page_35">35</a>, <a +href="#Page_39">39</a>, <a href="#Page_194">194</a>.</li> + +<li>New Jersey copr. legislation, <a href="#Page_35">35</a>, <a +href="#Page_39">39</a>, <a href="#Page_194">194</a>.</li> + +<li>New South Wales, excepted in Brit. treaty, <a +href="#Page_381">381</a>. + +<ul class="IX"><li><i>See also</i> Australia.</li></ul></li> + +<li>N. Y. Press Pub. Co. <i>v.</i> Falk (1894), <a +href="#Page_238">238</a>.</li> + +<li>N. Y. State legislation, <a href="#Page_35">35</a>, <a +href="#Page_39">39</a>, <a href="#Page_40">40</a>, <a +href="#Page_194">194</a>, <a href="#Page_239">239</a>; + +<ul class="IX"><li>copr. vested in, <a +href="#Page_98">98</a>.</li></ul></li> + +<li>New Zealand, <a href="#Page_375">375</a>, <a href="#Page_382">382</a>, +<a href="#Page_394"><b>394</b></a>; + +<ul class="IX"><li>E. § 35, <a href="#Page_543">543</a>.</li></ul></li> + +<li>Newbery's case (1774). <i>See</i> Hawkesworth case, <a +href="#Page_81">81</a>.</li> + +<li>Newfoundland, <a href="#Page_119">119</a>, <a +href="#Page_151">151</a>, <a href="#Page_152">152</a>, <a +href="#Page_160">160</a>, <a href="#Page_168">168</a>, <a +href="#Page_188">188-90</a>, <a href="#Page_246">246</a>, <a +href="#Page_321">321</a>, <a href="#Page_375">375</a>, <a +href="#Page_382">382</a>, <a href="#Page_390"><b>390</b></a>; + +<ul class="IX"><li>E. § 35, <a href="#Page_543">543</a>;</li> + +<li>laws, <a href="#Page_456">456</a>.</li></ul></li> + +<li>News, <a href="#Page_89"><b>89</b></a>, <a href="#Page_103">103</a>, +<a href="#Page_259">259</a>, <a href="#Page_264">264</a>, <a +href="#Page_319">319</a>, <a href="#Page_328">328</a>, <a +href="#Page_337">337</a>, <a href="#Page_406">406</a>; + +<ul class="IX"><li>I. <a href="#Page_613b">613</a>;</li> + +<li>P. <a href="#Page_651">651</a>.</li> + +<li><i>See also</i> Telegraph.</li></ul></li> + +<li>Newspaper, <a href="#Page_63">63</a>, <a +href="#Page_87"><b>87</b></a>, <a href="#Page_90">90</a>, <a +href="#Page_131">131</a>, <a href="#Page_245">245</a>, <a +href="#Page_266">266</a>, <a href="#Page_267">267</a>, <a +href="#Page_279">279</a>, <a href="#Page_280">280</a>, <a +href="#Page_328">328</a>, <a href="#Page_337">337</a>; + +<ul class="IX"><li>§ 5 (b), <a href="#Page_467">467</a>; § 19, <a +href="#Page_473">473</a>; § 31 (b), <a href="#Page_479">479</a>;</li> + +<li>R. § 6, <a href="#Page_497">497</a>;</li> + +<li>E. § 15, <a href="#Page_527">527</a>; § 35, <a +href="#Page_543">543</a>;</li> + +<li>C. § 14 (6), <a href="#Page_564">564</a>; § 22, <a +href="#Page_567">567</a>, § 30, <a href="#Page_569">569</a>;</li> + +<li>Au. § 4, <a href="#Page_581">581</a>;</li> + +<li>I. <a href="#Page_611b">611</a>;</li> + +<li>P. <a href="#Page_651">651</a>;</li> + +<li>reports, <a href="#Page_68">68</a>, <a href="#Page_70">70</a>, <a +href="#Page_91"><b>91</b></a>, <a href="#Page_103">103</a>, <a +href="#Page_183">183</a>, <a href="#Page_264">264</a>, <a +href="#Page_376">376</a>, <a href="#Page_377">377</a>; + +<ul class="IX"><li>E. § 2, <a href="#Page_519">519</a>;</li> + +<li>§ 20, <a href="#Page_533">533</a>;</li> + +<li>C. § 4, <a href="#Page_558">558</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_639">639</a>, <a +href="#Page_651">651</a>.</li></ul></li> + +<li><i>See</i> News, Periodical, Photographs.</li></ul></li> + +<li>Next of kin. <i>See</i> Heirs.</li> + +<li>Nicaragua, <a href="#Page_112">112</a>, <a href="#Page_124">124</a>, +<a href="#Page_198">198</a>, <a href="#Page_323">323</a>, <a +href="#Page_332">332</a>, <a href="#Page_334">334</a>, <a +href="#Page_336"><b>336</b></a>, <a href="#Page_340">340</a>, <a +href="#Page_422"><b>422</b></a>, <a href="#Page_423">423</a>, <a +href="#Page_643">643</a>, <a href="#Page_652">652</a>.</li> + +<li>Nicholls <i>v.</i> Parker (1901), <a href="#Page_236">236</a>.</li> + +<li>Nicklin, Philip H., <a href="#Page_344">344</a>, <a +href="#Page_454">454</a>.</li> + +<li>Nicols <i>v.</i> Pitman (1884), <a href="#Page_254">254</a>.</li> + +<li>Nigro, Joanes, <a href="#Page_13">13</a>.</li> + +<li>Nigrus, Peter, <a href="#Page_10">10</a>.</li> + +<li>Non-copyright matter, <a href="#Page_65">65</a>, <a +href="#Page_76"><b>76</b></a>, <a href="#Page_81">81</a>, <a +href="#Page_241">241</a>, <a href="#Page_255">255</a>, <a +href="#Page_257">257</a>, <a href="#Page_261">261</a>, <a +href="#Page_288">288</a>, <a href="#Page_433">433</a>; + +<ul class="IX"><li>E. § 2, <a href="#Page_519">519</a>.</li></ul></li> + +<li>North Carolina copr. legislation, <a href="#Page_35">35</a>.</li> + +<li>Norway, <a href="#Page_112">112</a>, <a href="#Page_124">124</a>, <a +href="#Page_197">197</a>, <a href="#Page_200">200</a>, <a +href="#Page_248">248</a>, <a href="#Page_316">316</a>, <a +href="#Page_317">317</a>, <a href="#Page_321">321</a>, <a +href="#Page_323">323</a>, <a href="#Page_330">330</a>, <a +href="#Page_340">340</a>, <a href="#Page_407"><b>407</b></a>.</li> + +<li>Notation, musical, <a href="#Page_43">43</a>, <a +href="#Page_45">45</a>, <a href="#Page_164">164</a>, <a +href="#Page_169">169</a>, <a href="#Page_170">170</a>, <a +href="#Page_202">202</a>, <a href="#Page_217">217</a>, <a +href="#Page_392">392</a>; + +<ul class="IX"><li>§ 1 (e), <a href="#Page_465">465</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>.</li></ul></li> + +<li>Notes by hearer, <a href="#Page_90">90</a>.</li> + +<li>Notice copr., <a href="#Page_36">36</a>, <a href="#Page_74">74</a>, <a +href="#Page_121">121</a>, <a href="#Page_125">125</a>, <a +href="#Page_126">126</a>, <a href="#Page_127"><b>127-36</b></a>, <a +href="#Page_150">150</a>; + +<ul class="IX"><li>§ 9, <a href="#Page_469">469</a>;</li> + +<li>R. § 22, § 23, <a href="#Page_500">500</a>; § 26, <a +href="#Page_501">501</a>;</li> + +<li>C. § 3 (2), <a href="#Page_557">557</a>;</li> + +<li>artistic work, <a href="#Page_225"><b>225</b></a>, <a +href="#Page_227">227</a>, <a href="#Page_230">230</a>, <a +href="#Page_232">232</a>, <a href="#Page_235">235</a>, <a +href="#Page_242">242</a>;</li> + +<li>collections, <a href="#Page_81">81</a>;</li> + +<li>date, <a href="#Page_129"><b>129</b></a>, <a href="#Page_133">133</a>, +<a href="#Page_230">230</a>;</li> + +<li>dramatic and musical works, <a href="#Page_166"><b>166</b></a>;</li> + +<li>early, <a href="#Page_19">19</a>;</li> + +<li>false, <a href="#Page_77">77</a>, <a href="#Page_134"><b>134</b></a>, +<a href="#Page_135">135</a>, <a href="#Page_142">142</a>, <a +href="#Page_148">148</a>, <a href="#Page_276">276</a>, <a +href="#Page_279">279</a>, <a href="#Page_280">280</a>, <a +href="#Page_513">513</a>; + +<ul class="IX"><li>§ 29, § 30, <a href="#Page_478">478</a>;</li> + +<li>Au. § 55, <a href="#Page_595">595</a>;</li></ul></li> + +<li>foreign works, <a href="#Page_133"><b>133</b></a>, <a +href="#Page_146">146</a>, <a href="#Page_155">155</a>, <a +href="#Page_366">366</a>;</li> + +<li>form, <a href="#Page_127"><b>127</b></a>, <a href="#Page_131">131</a>, +<a href="#Page_166">166</a>, <a href="#Page_225">225</a>; + +<ul class="IX"><li>§ 18, <a href="#Page_472">472</a>;</li> + +<li>R. § 24, § 25, <a href="#Page_501">501</a>;</li> + +<li>before 1909, <a href="#Page_36">36</a>, <a href="#Page_37">37</a>, <a +href="#Page_128"><b>128</b></a>;</li></ul></li> + +<li>in British Empire, <a href="#Page_150">150</a>, <a +href="#Page_151">151</a>, <a href="#Page_373">373-97</a>;</li> + +<li>in other countries, <a href="#Page_400">400-29</a>;</li> + +<li><i>interim</i> works, <a href="#Page_126">126</a>, <a +href="#Page_135"><b>135</b></a>, <a href="#Page_147">147</a>, <a +href="#Page_148">148</a>; + +<ul class="IX"><li>§ 9, <a href="#Page_469">469</a>; § 22, <a +href="#Page_474">474</a>;</li> + +<li>R. § 26, <a href="#Page_501">501</a>;</li> + +<li>C. § 23, <a href="#Page_568">568</a>;</li></ul></li> + +<li>name, <a href="#Page_127">127</a>, <a href="#Page_129"><b>129</b></a>, +<a href="#Page_166">166</a>; + +<ul class="IX"><li>§ 18, <a href="#Page_472">472</a>;</li> + +<li>R. § 24, § 25, <a href="#Page_501">501</a>;</li> + +<li>substitution of name, <a href="#Page_105">105</a>, <a +href="#Page_135">135</a>; + +<ul class="IX"><li>§ 46, <a href="#Page_483">483</a>;</li> + +<li>R. § 43, <a href="#Page_508">508</a>;</li></ul></li></ul></li> + +<li>omission of, <a href="#Page_118">118</a>, <a href="#Page_121">121</a>, +<a href="#Page_130"><b>130</b></a>, <a href="#Page_134">134</a>, <a +href="#Page_146">146</a>, <a href="#Page_230">230</a>, <a +href="#Page_234">234</a>, <a href="#Page_235">235</a>, <a +href="#Page_236">236</a>, <a href="#Page_253">253</a>, + +<ul class="IX"><li>§ 20, <a href="#Page_473">473</a>;</li></ul></li> + +<li>penalty for removal, <a href="#Page_134">134</a>, <a +href="#Page_276">276</a>; + +<ul class="IX"><li>§ 29, <a href="#Page_478">478</a>;</li></ul></li> + +<li>periodicals, <a href="#Page_88">88</a>, <a href="#Page_130">130</a>, +<a href="#Page_131"><b>131</b></a>, <a href="#Page_319">319</a>, <a +href="#Page_328">328</a>, <a href="#Page_400">400</a>, <a +href="#Page_403">403</a>; + +<ul class="IX"><li>§ 19, <a href="#Page_473">473</a>;</li> + +<li>I. <a href="#Page_612b">612</a>;</li></ul></li> + +<li>position, <a href="#Page_37">37</a>, <a href="#Page_130">130</a>, <a +href="#Page_131"><b>131</b></a>, <a href="#Page_132">132</a>, <a +href="#Page_166">166</a>; + +<ul class="IX"><li>§ 19, <a href="#Page_473">473</a>;</li> + +<li>C. § 3 (2), <a href="#Page_577">577</a>;</li></ul></li> + +<li>pseudonymous work, R. § 24, <a href="#Page_501">501</a>;</li> + +<li>renewals, <a href="#Page_118">118</a>;</li> + +<li>separate volumes, <a href="#Page_132">132</a>;</li> + +<li>successive editions, <a href="#Page_134">134</a>;</li> + +<li>translations, <a href="#Page_78">78</a>, <a +href="#Page_397">397</a>.</li></ul></li> + +<li>Notice of authorization; + +<ul class="IX"><li>Au. § 29, <a href="#Page_588">588</a>;</li> + +<li>of reproduction, <a href="#Page_123">123</a>; + +<ul class="IX"><li>E. § 3, <a href="#Page_520">520</a>;</li></ul></li> + +<li>of reservation, <a href="#Page_201">201</a>, <a +href="#Page_313">313</a>, <a href="#Page_412">412</a>;</li> + +<li>oral work, <a href="#Page_29">29</a>, <a href="#Page_200">200</a>, <a +href="#Page_264">264</a>, <a href="#Page_377">377</a>, <a +href="#Page_397">397</a>, <a href="#Page_398">398-429</a>; + +<ul class="IX"><li>E. § 2 (1), <a href="#Page_519">519</a>;</li> + +<li>C. § 4, <a href="#Page_558">558</a>;</li> + +<li>Au. § 33, <a href="#Page_589">589</a>;</li></ul></li> + +<li>performance, <a href="#Page_150">150</a>, <a href="#Page_182">182</a>, +<a name="Page_698" id="Page_698"></a><span class="pagenum">[Pg +698]</span><a href="#Page_183">183</a>, <a href="#Page_195">195</a>, <a +href="#Page_199">199</a>, <a href="#Page_200">200</a>, <a +href="#Page_319">319</a>, <a href="#Page_394">394</a>, <a +href="#Page_397">397</a>; + +<ul class="IX"><li>Au. § 32, <a href="#Page_588">588</a>;</li> + +<li>I. <a href="#Page_614b">614</a>;</li></ul></li> + +<li>to prohibit importation; + +<ul class="IX"><li>E. § 14 (1) 525 (5) <a +href="#Page_526">526</a>.</li></ul></li> + +<li><i>See also</i> Customs.</li></ul></li> + +<li>Notice of user. <i>See</i> Mechanical reproduction.</li> + +<li>Nova Scotia, <a href="#Page_383">383</a>.</li> + +<li>Novelization, <a href="#Page_42">42</a>, <a href="#Page_61">61</a>, <a +href="#Page_169">169</a>, <a href="#Page_172">172</a>, <a +href="#Page_322">322</a>, <a href="#Page_328">328</a>, <a +href="#Page_376">376</a>, <a href="#Page_431">431</a>; + +<ul class="IX"><li>§ 1 (b), <a href="#Page_465">465</a>;</li> + +<li>E. § 1 (2), <a href="#Page_518">518</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>;</li> + +<li>I. <a href="#Page_614b">614</a>.</li></ul></li> + +<li>Novelties noncopr., <a href="#Page_72">72</a>, <a +href="#Page_223">223</a>, <a href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 12, <a href="#Page_498">498</a>;</li> + +<li>§ 16, <a href="#Page_499">499</a>.</li></ul></li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_O"></a>Official publications. <i>See</i> Government +publications.</li> + +<li>Ohio copr. legislation, <a href="#Page_39">39</a>, <a +href="#Page_194">194</a>.</li> + +<li>Ojibwa Indians copr., <a href="#Page_41">41</a>.</li> + +<li>"Old sleuth" cases, <a href="#Page_262">262</a>.</li> + +<li>Omission of notice. <i>See</i> Notice.</li> + +<li>Omissions from musical works, E. § 19 (2), 530 (7), <a +href="#Page_532">532</a>. + +<ul class="IX"><li><i>See also</i> Alterations.</li></ul></li> + +<li>Opera, <a href="#Page_162">162</a>, <a href="#Page_163">163</a>, <a +href="#Page_166">166</a>, <a href="#Page_168">168</a>, <a +href="#Page_182">182</a>, <a href="#Page_196">196</a>, <a +href="#Page_404">404</a>; + +<ul class="IX"><li>R. § 8, § 9, <a +href="#Page_497">497</a>.</li></ul></li> + +<li>Operettas, <a href="#Page_162">162</a>, <a href="#Page_163">163</a>; + +<ul class="IX"><li>R. § 8, § 9, <a +href="#Page_497">497</a>.</li></ul></li> + +<li>Oral work (addresses, lectures, sermons, etc.), <a +href="#Page_42">42</a>, <a href="#Page_59"><b>59</b></a>, <a +href="#Page_61">61</a>, <a href="#Page_63">63</a>, <a +href="#Page_67">67</a>, <a href="#Page_70">70</a>, <a +href="#Page_90"><b>90</b></a>, <a href="#Page_333">333</a>, <a +href="#Page_337">337</a>, <a href="#Page_377">377</a>, <a +href="#Page_393">393</a>, <a href="#Page_403">403</a>; + +<ul class="IX"><li>§ 1 (c), <a href="#Page_465">465</a>; § 5 (c), <a +href="#Page_468">468</a>;</li> + +<li>R. § 7, <a href="#Page_497">497</a>;</li> + +<li>E. § 1 (2), <a href="#Page_518">518</a>; § 17, <a +href="#Page_529">529</a>; § 20, <a href="#Page_533">533</a>; § 35, <a +href="#Page_543">543</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>, <a href="#Page_557">557</a>;</li> + +<li>Au. § 4, <a href="#Page_581">581</a>; § 15, <a +href="#Page_584">584</a>; § 25, <a href="#Page_587">587</a>; § 33, <a +href="#Page_589">589</a>;</li> + +<li>I. <a href="#Page_612b">612</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_639">639</a>, <a +href="#Page_651">651</a>;</li> + +<li>assignable, Au. § 24, § 26, <a href="#Page_587">587</a>;</li> + +<li>deposit, <a href="#Page_86">86</a>, <a href="#Page_144">144</a>; + +<ul class="IX"><li>§ 11, <a href="#Page_470">470</a>;</li> + +<li>R. § 18, <a href="#Page_499">499</a>;</li></ul></li> + +<li>infringement, <a href="#Page_264">264</a>, <a +href="#Page_266">266</a>, <a href="#Page_267">267</a>; + +<ul class="IX"><li>§ 25 (b), <a href="#Page_476">476</a>;</li> + +<li>Au. § 45, § 46, <a href="#Page_591">591</a>;</li></ul></li> + +<li>mechanical reproduction, E. § 35, <a href="#Page_543">543</a>; + +<ul class="IX"><li>C. § 2, <a href="#Page_556">556</a>;</li></ul></li> + +<li>notice, <a href="#Page_91">91</a>, <a href="#Page_151">151</a>, <a +href="#Page_264">264</a>, <a href="#Page_377">377</a>; + +<ul class="IX"><li>E. § 2, <a href="#Page_519">519</a>;</li> + +<li>C. § 4, <a href="#Page_558">558</a>;</li> + +<li>Au. § 33, <a href="#Page_589">589</a>;</li></ul></li> + +<li>publication, <a href="#Page_91">91</a>; + +<ul class="IX"><li>E. § 1 (3), <a href="#Page_518">518</a>;</li> + +<li>Au. § 15, § 16, § 17;</li></ul></li> + +<li>registration, <a href="#Page_91">91</a>, <a href="#Page_139">139</a>; + +<ul class="IX"><li>Au. § 66, <a href="#Page_599">599</a>; § 74, <a +href="#Page_600">600</a>;</li></ul></li> + +<li>terms, <a href="#Page_119">119</a>, <a href="#Page_401">401</a>.</li> + +<li><i>See also</i> Newspaper reports.</li></ul></li> + +<li>Orange Free State, <a href="#Page_160">160</a>. + +<ul class="IX"><li><i>See also</i> South African Union.</li></ul></li> + +<li>Oratorios, <a href="#Page_59">59</a>, <a href="#Page_164">164</a>, <a +href="#Page_166">166</a>, <a href="#Page_168">168</a>; + +<ul class="IX"><li>§ 28, <a href="#Page_478">478</a>.</li> + +<li><i>See also</i> Dramatico-musical work, Musical work.</li></ul></li> + +<li>Orchestral work, <a href="#Page_169">169</a>, <a +href="#Page_187">187</a>. + +<ul class="IX"><li><i>See also</i> Musical work.</li></ul></li> + +<li>Order, works on. <i>See</i> Employer.</li> + +<li>Orders in Council, <a href="#Page_31">31</a>, <a +href="#Page_379">379</a>; + +<ul class="IX"><li>E. § 23, <a href="#Page_534">534</a>; § 26, <a +href="#Page_537">537</a>; § 28, <a href="#Page_538">538</a>; § 29, <a +href="#Page_539">539</a>; § 30, <a href="#Page_540">540</a>; § 32, <a +href="#Page_541">541</a>; § 35 (3), <a href="#Page_543">543</a>;</li> + +<li>C. § 43, <a href="#Page_576">576</a>.</li></ul></li> + +<li><i>Ordinances de Moulins</i>, <a href="#Page_18">18</a>.</li> + +<li>Ordnance surveys, <a href="#Page_123">123</a>.</li> + +<li>Oregon copr. legislation, <a href="#Page_39">39</a>, <a +href="#Page_194">194</a>.</li> + +<li>Origin, country of. <i>See</i> Country of origin.</li> + +<li>Originality, <a href="#Page_68">68</a>, <a href="#Page_81">81</a>. + +<ul class="IX"><li><i>See also</i> Merit.</li></ul></li> + +<li>Ornamental letters or scrolls noncopr., <a href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 16, <a href="#Page_499">499</a>.</li></ul></li> + +<li>Osgood <i>v.</i> Allen (1872), <a href="#Page_82">82</a>, <a +href="#Page_85">85</a>.</li> + +<li>Osgood <i>v.</i> Aloe (1897), <a href="#Page_128">128</a>.</li> + +<li>Össler, Dr. Jacob, <a href="#Page_11">11</a>.</li> + +<li>Osterrieth, Albert, <a href="#Page_461">461</a>.</li> + +<li><i>Our Young Folks</i> case, <a href="#Page_82">82</a>.</li> + +<li>Outright sale, <a href="#Page_106"><b>106</b></a>, <a +href="#Page_116">116</a>, <a href="#Page_117">117</a>, <a +href="#Page_118">118</a>, <a href="#Page_364">364</a>, <a +href="#Page_434">434</a>, <a href="#Page_442">442</a>.</li> + +<li>Owner, rights of, <a href="#Page_45">45</a>, <a +href="#Page_46">46</a>; + +<ul class="IX"><li>E. § 7, <a href="#Page_523">523</a>; § 9, <a +href="#Page_524">524</a>; § 21, <a href="#Page_533">533</a>;</li> + +<li>C. § 9, <a href="#Page_561">561</a>.</li> + +<li><i>See also</i> Author, Corporation, Proprietor.</li></ul></li> + +<li>Ownership of copr., <a href="#Page_3">3</a>, <a href="#Page_5">5</a>, +<a href="#Page_50">50</a>, <a href="#Page_95"><b>95-113</b></a>, <a +href="#Page_238">238</a>, <a href="#Page_269">269</a>, <a +href="#Page_318">318</a>, <a href="#Page_327">327</a>, <a +href="#Page_333">333</a>, <a href="#Page_336">336</a>, <a +href="#Page_377">377</a>, <a href="#Page_378">378</a>, <a +href="#Page_393">393</a>, <a href="#Page_437">437</a>, <a +href="#Page_577">577</a>; + +<ul class="IX"><li>§ 8, <a href="#Page_469">469</a>; § 62, <a +href="#Page_488">488</a>;</li> + +<li>R. § 2, <a href="#Page_495">495</a>;</li> + +<li>E. § 5, <a href="#Page_521">521</a>; § 6 (3), <a +href="#Page_522">522</a>; § 16, <a href="#Page_529">529</a>; § 17 (2), <a +href="#Page_529">529</a>; § 29, <a href="#Page_539">539</a>;</li> + +<li>C. § 7, <a href="#Page_560">560</a>; § 30, <a +href="#Page_569">569</a>; § 36, <a href="#Page_574">574</a>;</li> + +<li>Au. § 18, <a href="#Page_585">585</a>; § 19, <a +href="#Page_586">586</a>; § 25, <a href="#Page_587">587</a>; § 43, <a +href="#Page_591">591</a>;</li> + +<li>I. <a href="#Page_606b">606-09</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_637">637</a>, <a +href="#Page_638">638</a>, <a href="#Page_650">650</a>.</li></ul></li> + +<li>Oxford Univ. Press, <a href="#Page_121">121</a>.</li> + +<li>Oxford University. <i>See</i> University deposit.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_P"></a>Page. <i>See</i> Sheet.</li> + +<li>Paintings, <a href="#Page_29">29</a>, <a href="#Page_37">37</a>, <a +href="#Page_223">223</a>, <a href="#Page_228">228</a>, <a +href="#Page_229">229</a>, <a href="#Page_232">232</a>, <a +href="#Page_234">234</a>, <a href="#Page_238">238</a>, <a +href="#Page_246">246</a>, <a href="#Page_247">247</a>, <a +href="#Page_248">248</a>, <a href="#Page_250">250</a>, <a +href="#Page_274">274</a>, <a href="#Page_326">326</a>, <a +href="#Page_332">332</a>; + +<ul class="IX"><li>R. § 12, <a href="#Page_498">498</a>;</li> + +<li>E. § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_637">637</a>, <a +href="#Page_649">649</a>;</li> + +<li>formalities, <a href="#Page_150">150</a>, <a href="#Page_388">388</a>; + +<ul class="IX"><li>§ 26, <a href="#Page_568">568</a>;</li></ul></li> + +<li>in public place, <a href="#Page_264">264</a>, <a +href="#Page_376">376</a>; + +<ul class="IX"><li>E. § 2 (1), <a href="#Page_519">519</a>;</li> + +<li>C. § 4, <a href="#Page_558">558</a>;</li></ul></li> + +<li>infringement, § 25 (b), <a href="#Page_245">245</a>, <a +href="#Page_266">266</a>, <a href="#Page_267">267</a>; + +<ul class="IX"><li>§ 25 (b), <a href="#Page_476">476</a>;</li></ul></li> + +<li>reproduction by <i>tableaux</i>, <a href="#Page_242">242</a>.</li> + +<li><i>See also</i> Artistic work, Material object.</li></ul></li> + +<li>Palmer <i>v.</i> DeWitt (1872), <a href="#Page_180">180</a>.</li> + +<li>Palmerston, Ld., <a href="#Page_346">346</a>.</li> + +<li>Palsgrave, J., <a href="#Page_21">21</a>.</li> + +<li>Pamphlets, <a href="#Page_70">70</a>, <a href="#Page_290">290</a>, <a +href="#Page_326">326</a>, <a href="#Page_332">332</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>;</li> + +<li>E. § 15, <a href="#Page_527">527</a>;</li> + +<li>C. § 23, <a href="#Page_568">568</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_637">637</a>, <a +href="#Page_649">649</a>.</li></ul></li> + +<li>Pan Amer. Union, conferences, <a href="#Page_331">331</a>, <a +href="#Page_334">334</a>, <a href="#Page_336">336</a>; + +<ul class="IX"><li>conventions, <a href="#Page_112">112</a>, <a +href="#Page_152">152</a>, <a href="#Page_250">250</a>, <a +href="#Page_332">332-37</a>;</li> + +<li>texts of, <a href="#Page_633">633-652</a>.</li> + +<li><i>See also</i> International conventions and names of +cities.</li></ul></li> + +<li>Panama, <a href="#Page_124">124</a>, <a href="#Page_152">152</a>, <a +href="#Page_423"><b>423</b></a>. + +<ul class="IX"><li><i>See also</i> Canal Zone.</li></ul></li> + +<li>Pandects, <a href="#Page_17">17</a>.</li> + +<li><a name="Page_799" id="Page_799"></a><span class="pagenum">[Pg +799]</span> Pantomimes, <a href="#Page_175">175</a>, <a +href="#Page_198">198</a>, <a href="#Page_326">326</a>; + +<ul class="IX"><li>I. <a href="#Page_603b">603</a>.</li></ul></li> + +<li>Papal grants, <a href="#Page_17">17</a>.</li> + +<li>Pappa Alesio, <a href="#Page_16">16</a>.</li> + +<li>Paraguay, <a href="#Page_124">124</a>, <a href="#Page_317">317</a>, <a +href="#Page_331">331</a>, <a href="#Page_332">332</a>, <a +href="#Page_426"><b>426</b></a>.</li> + +<li>Paris acts, <a href="#Page_185">185</a>, <a href="#Page_197">197</a>, +<a href="#Page_209">209</a>, <a href="#Page_249">249</a>, <a +href="#Page_296">296</a>, <a href="#Page_321"><b>321</b></a>, <a +href="#Page_322">322</a>; + +<ul class="IX"><li>I. <a href="#Page_628b">628</a>;</li> + +<li>text, <a href="#Page_603a">603-631</a>;</li> + +<li>conference (1896), <a href="#Page_209">209</a>, <a +href="#Page_321">321</a>;</li> + +<li>literary congress (1878), <a href="#Page_314">314</a>.</li> + +<li><i>See also</i> International conv., University.</li></ul></li> + +<li>Park & Pollard <i>v.</i> Kellerstrass (1910), <a +href="#Page_258">258</a>.</li> + +<li>Parke, Baron, <a href="#Page_2">2</a>, <a href="#Page_4">4</a>.</li> + +<li>Parkinson <i>v.</i> Laselle (1875), <a href="#Page_149">149</a>.</li> + +<li>Parliament, acts of, <a href="#Page_24"><b>24-34</b></a>, + +<ul class="IX"><li>early petitions to, <a href="#Page_23">23</a>.</li> + +<li><i>See also</i> British Empire.</li></ul></li> + +<li>Parliamentary papers, <a href="#Page_459">459</a>.</li> + +<li>Parody, <a href="#Page_190">190</a>.</li> + +<li>Partnerships, <a href="#Page_273">273</a>, <a +href="#Page_286">286</a>, <a href="#Page_403">403</a>, <a +href="#Page_435">435</a>; + +<ul class="IX"><li>R. § 33, <a href="#Page_505">505</a>.</li> + +<li><i>See also</i> Joint Authors.</li></ul></li> + +<li>Parton, James, <a href="#Page_348">348</a>.</li> + +<li>Parts of work, <a href="#Page_64">64</a>, <a +href="#Page_76"><b>76</b></a>, <a href="#Page_87">87</a>, <a +href="#Page_90">90</a>, <a href="#Page_92">92</a>, <a +href="#Page_131">131</a>, <a href="#Page_132"><b>132</b></a>, <a +href="#Page_143">143</a>, <a href="#Page_145">145</a>, <a +href="#Page_173">173</a>, <a href="#Page_243">243</a>, <a +href="#Page_257">257</a>, <a href="#Page_287">287</a>, <a +href="#Page_318">318</a>, <a href="#Page_403">403</a>; + +<ul class="IX"><li>§ 3, <a href="#Page_467">467</a>;</li> + +<li>E. § 35, <a href="#Page_543">543</a>;</li> + +<li>C. § 22, <a href="#Page_567">567</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>; § 20, <a +href="#Page_586">586</a>;</li> + +<li>I. <a href="#Page_611b">611</a>;</li> + +<li>P. <a href="#Page_650">650</a>.</li> + +<li><i>See also</i> Composite, Extracts, Quotation.</li></ul></li> + +<li>Passages permitted in collections, E. § 2 (1), <a +href="#Page_519">519</a>. + +<ul class="IX"><li><i>See also</i> Extracts, Fair use, +Quotations.</li></ul></li> + +<li>Passing off. <i>See</i> Fraud, Intent.</li> + +<li>Patents, <a href="#Page_12">12</a>, <a href="#Page_14">14</a>, <a +href="#Page_18">18</a>, <a href="#Page_21">21</a>, <a +href="#Page_54">54</a>, <a href="#Page_93">93</a>, <a +href="#Page_161">161</a>; + +<ul class="IX"><li>acts, <a href="#Page_33">33</a>, <a +href="#Page_161">161</a>, <a href="#Page_379">379</a>; + +<ul class="IX"><li>E. § 22, <a href="#Page_534">534</a>;</li></ul></li> + +<li>commissioner of, <a href="#Page_96">96</a>, <a +href="#Page_308">308</a>, <a href="#Page_309">309</a>;</li> + +<li>registration as, <a href="#Page_37">37</a>, <a +href="#Page_223">223</a>, <a href="#Page_310">310</a>.</li> + +<li><i>See also</i> Congressional Committees, Congressional +hearings.</li></ul></li> + +<li>Patterns, <a href="#Page_93">93</a>; + +<ul class="IX"><li>chart, noncopr., <a +href="#Page_70">70</a>.</li></ul></li> + +<li>Patterson <i>v.</i> Ogilvie (1902), <a href="#Page_192">192</a>, <a +href="#Page_273">273</a>.</li> + +<li>Payne tariff, <a href="#Page_288">288</a>.</li> + +<li>Pearsall-Smith licensing plan, <a href="#Page_51">51</a>, <a +href="#Page_204">204</a>, <a href="#Page_449">449</a>.</li> + +<li>Peary cases, <a href="#Page_89">89</a>, <a +href="#Page_102"><b>102</b></a>.</li> + +<li>Peckham, Justice, <a href="#Page_273">273</a>.</li> + +<li>Penal provisions, <a href="#Page_275">275</a>. + +<ul class="IX"><li><i>See also</i> Punishment.</li></ul></li> + +<li>Penalties, <a href="#Page_15">15</a>, <a href="#Page_19">19</a>, <a +href="#Page_22">22</a>, <a href="#Page_24">24</a>, <a +href="#Page_36">36</a>, <a href="#Page_272">272</a>, <a +href="#Page_273">273</a>; + +<ul class="IX"><li>E. <a href="#Page_549">549</a>;</li> + +<li>Au. § 57, <a href="#Page_596">596</a>;</li> + +<li>failure to deposit, <a href="#Page_36">36</a>, <a +href="#Page_143">143</a>, 150-<a href="#Page_52">52</a>, <a +href="#Page_374">374</a>, <a href="#Page_378">378</a>; + +<ul class="IX"><li>§ 13, <a href="#Page_470">470</a>;</li> + +<li>E. § 15 (6), <a href="#Page_527">527</a>;</li></ul></li> + +<li>false affidavit, <a href="#Page_158">158</a>; + +<ul class="IX"><li>§ 17, <a href="#Page_472">472</a>;</li></ul></li> + +<li>false entry, notice, etc., <a href="#Page_37">37</a>, <a +href="#Page_134">134</a>, <a href="#Page_276">276</a>; + +<ul class="IX"><li>§ 29, <a href="#Page_478">478</a>;</li> + +<li>C. § 11, <a href="#Page_562">562</a>;</li> + +<li>Au. § 55, <a href="#Page_595">595</a>;</li></ul></li> + +<li>infringement, <a href="#Page_6">6</a>, <a href="#Page_12">12</a>, <a +href="#Page_13">13</a>, <a href="#Page_16">16</a>, <a +href="#Page_37">37</a>, <a href="#Page_195">195</a>, <a +href="#Page_196">196</a>, <a href="#Page_272">272</a>, <a +href="#Page_276">276</a>, <a href="#Page_379">379</a>, <a +href="#Page_389">389</a>; + +<ul class="IX"><li>E. § 28, <a href="#Page_478">478</a>; § 9 (2), <a +href="#Page_524">524</a>; § 11, <a href="#Page_524">524</a>, <a +href="#Page_547">547</a>, <a href="#Page_551">551</a>;</li> + +<li>C. § 13, <a href="#Page_562">562</a>;</li> + +<li>Au. § 50-54, <a href="#Page_592">592-595</a>.</li></ul></li> + +<li><i>See also</i> Damages, Punishment, Remedies.</li></ul></li> + +<li>Pennsylvania copr. legislation, <a href="#Page_35">35</a>, <a +href="#Page_39">39</a>, <a href="#Page_194">194</a>.</li> + +<li>Pentateuch, <a href="#Page_14">14</a>.</li> + +<li>Perforated music-rolls. <i>See</i> Mechanical Instruments.</li> + +<li>Perform, right to. <i>See</i> Playright.</li> + +<li>Performance, <a href="#Page_67">67</a>, <a href="#Page_177">177</a>, +<a href="#Page_379">379</a>; + +<ul class="IX"><li>E. § 2 (3), <a href="#Page_520">520</a>; § 11 (2), <a +href="#Page_524">524</a>; § 35 (2), <a href="#Page_543">543</a>, <a +href="#Page_545">545</a>;</li> + +<li>C. § 4 (3), <a href="#Page_559">559</a>; § 13 (2), <a +href="#Page_563">563</a>;</li> + +<li>Au. § 16, <a href="#Page_585">585</a>;</li> + +<li>and publication, <a href="#Page_180">180-85</a>, <a +href="#Page_197">197</a>, <a href="#Page_376">376</a>; + +<ul class="IX"><li>E. § 1 (3), <a href="#Page_518">518</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>;</li> + +<li>I. <a href="#Page_608b">608</a>;</li></ul></li> + +<li>assignment, <a href="#Page_189">189</a>; + +<ul class="IX"><li>E. § 24 (1), <a +href="#Page_534">534</a>;</li></ul></li> + +<li>gratuitous or for profit, <a href="#Page_43">43</a>, <a +href="#Page_45">45</a>, <a href="#Page_59">59</a>, <a +href="#Page_164">164</a>, <a href="#Page_165">165</a>, <a +href="#Page_186">186</a>, <a href="#Page_190">190</a>, <a +href="#Page_199">199</a>, <a href="#Page_202">202</a>, <a +href="#Page_275">275</a>, <a href="#Page_404">404</a>; + +<ul class="IX"><li>§ 1 (e), <a href="#Page_465">465</a>; § 28, <a +href="#Page_478">478</a>;</li></ul></li> + +<li>permissive, <a href="#Page_60">60</a>, <a href="#Page_164">164</a>, <a +href="#Page_404">404</a>; + +<ul class="IX"><li>§ 28, <a href="#Page_478">478</a>;</li></ul></li> + +<li>registration, <a href="#Page_184">184</a>.</li> + +<li><i>See also</i> Dramatic, Dramatico-musical work, Notice, Playright, +Publication, Representation.</li></ul></li> + +<li>Periodicals, <a href="#Page_63">63</a>, <a href="#Page_64">64</a>, <a +href="#Page_76">76</a>, <a href="#Page_87">87</a>, <a +href="#Page_90">90</a>, <a href="#Page_148">148</a>; + +<ul class="IX"><li>§ 3, § 5 (b), <a href="#Page_467">467</a>;</li> + +<li>R. § 6, <a href="#Page_497">497</a>;</li> + +<li>E. § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 30, <a href="#Page_569">569</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>copr. catalogue of, <a href="#Page_300">300</a>;</li> + +<li>copyrightable by numbers, <a href="#Page_88">88</a>; + +<ul class="IX"><li>R. § 36, <a href="#Page_506">506</a>;</li> + +<li>P. <a href="#Page_650">650</a>;</li></ul></li> + +<li>formalities, <a href="#Page_131">131</a>, <a href="#Page_138">138</a>, +<a href="#Page_139">139</a>, <a href="#Page_143">143</a>, <a +href="#Page_387">387</a>, <a href="#Page_410">410</a>; + +<ul class="IX"><li>§ 12, <a href="#Page_470">470</a>; § 19, <a +href="#Page_473">473</a>;</li> + +<li>R. § 36, <a href="#Page_506">506</a>;</li> + +<li>E. § 15 (7), <a href="#Page_527">527</a>;</li> + +<li>C. § 22, <a href="#Page_567">567</a>;</li></ul></li> + +<li>importation, <a href="#Page_286">286</a>; + +<ul class="IX"><li>§ 31 (b), <a href="#Page_479">479</a>;</li></ul></li> + +<li>manufacturing provision, <a href="#Page_88">88</a>, <a +href="#Page_143">143</a>, <a href="#Page_153">153</a>, <a +href="#Page_154">154</a>, <a href="#Page_286">286</a>; + +<ul class="IX"><li>§ 12, <a href="#Page_470">470</a>; § 15, <a +href="#Page_471">471</a>;</li> + +<li>R. § 36, <a href="#Page_506">506</a>;</li></ul></li> + +<li>pirated material in, C. § 14 (6), <a href="#Page_564">564</a>;</li> + +<li>renewal, <a href="#Page_115">115</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>.</li></ul></li> + +<li><i>See also</i> Composite work, Newspaper, Notice, +Title.</li></ul></li> + +<li>Periodical contribution, <a href="#Page_64">64</a>, <a +href="#Page_71">71</a>, <a href="#Page_76">76</a>, <a +href="#Page_87">87</a>, <a href="#Page_99">99</a>, <a +href="#Page_148">148</a>, <a href="#Page_319">319</a>, <a +href="#Page_328">328</a>, <a href="#Page_398">398</a>, <a +href="#Page_435">435</a>; + +<ul class="IX"><li>§ 3, <a href="#Page_467">467</a>;</li> + +<li>R. § 4, <a href="#Page_406">406</a>;</li> + +<li>E. <a href="#Page_545">545</a>;</li> + +<li>C. § 30, <a href="#Page_569">569</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>; § 22, § 23, <a +href="#Page_586">586</a>;</li> + +<li>I. <a href="#Page_611b">611</a>, <a href="#Page_612b">612</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_639">639</a>, <a +href="#Page_651">651</a>;</li> + +<li>formalities, <a href="#Page_28">28</a>, <a href="#Page_100">100</a>, +<a href="#Page_122">122</a>, <a href="#Page_131">131</a>, <a +href="#Page_138">138</a>, <a href="#Page_139">139</a>, <a +href="#Page_142">142</a>, <a href="#Page_143">143</a>; + +<ul class="IX"><li>§ 12, <a href="#Page_470">470</a>;</li> + +<li>R. § 37, <a href="#Page_506">506</a>;</li></ul></li> + +<li>in other countries, <a href="#Page_398">398-429</a>;</li> + +<li>renewal, <a href="#Page_104">104</a>, <a href="#Page_115">115</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>;</li></ul></li> + +<li>republication, <a href="#Page_393">393</a>, <a +href="#Page_433">433</a>, Au. § 22, <a href="#Page_586">586</a>.</li> + +<li><i>See also</i> Composite work, Parts, Serial publication, +Term.</li></ul></li> + +<li>Perpetuity, copr. in, <a href="#Page_13">13</a>, <a +href="#Page_18">18</a>, <a href="#Page_25">25</a>, <a +href="#Page_26">26</a>, <a href="#Page_123"><b>123</b></a>, <a +href="#Page_124">124</a>, <a href="#Page_183">183</a>, <a +href="#Page_377">377</a>, <a href="#Page_398">398</a>, <a +href="#Page_401">401</a>, <a href="#Page_407">407</a>, <a +href="#Page_310">420-22</a>, <a href="#Page_429">429</a>.</li> + +<li>Persia, <a href="#Page_323">323</a>, <a +href="#Page_418"><b>418</b></a>.</li> + +<li>Personal use. <i>See</i> Private use.</li> + +<li>Peru, <a href="#Page_110">110</a>, <a href="#Page_294">294</a>, <a +href="#Page_323">323</a>, <a href="#Page_331">331</a>, <a +href="#Page_332">332</a>, <a href="#Page_427"><b>427</b></a>, <a +href="#Page_636">636</a>, <a href="#Page_643">643</a>, <a +href="#Page_652">652</a>.</li> + +<li><a name="Page_700" id="Page_700"></a><span class="pagenum">[Pg +700]</span> Petitions, <a href="#Page_23">23</a>, <a +href="#Page_341">341</a>, <a href="#Page_346">346</a>, <a +href="#Page_347">347</a>, <a href="#Page_348">348</a>, <a +href="#Page_351">351</a>, <a href="#Page_355">355</a>, <a +href="#Page_359">359</a>, <a href="#Page_455">455</a>. + +<ul class="IX"><li><i>See also</i> License.</li></ul></li> + +<li>Philip <i>v.</i> Pennell (1907), <a href="#Page_92">92</a>.</li> + +<li>Philippine Islands, <a href="#Page_39">39</a>, <a +href="#Page_108">108</a>, <a href="#Page_270">270</a>, <a +href="#Page_418">418</a>; + +<ul class="IX"><li>§ 34, <a href="#Page_481">481</a>.</li></ul></li> + +<li>Phonograph. <i>See</i> Mechanical reproduction.</li> + +<li>Photo-engravings, <a href="#Page_138">138</a>, <a +href="#Page_139">139</a>, <a href="#Page_144">144</a>, <a +href="#Page_153">153</a>, <a href="#Page_155">155</a>, <a +href="#Page_156">156</a>, <a href="#Page_226">226</a>, <a +href="#Page_228">228</a>, <a href="#Page_229">229</a>; + +<ul class="IX"><li>§ 15, <a href="#Page_471">471</a>; § 16, <a +href="#Page_472">472</a>;</li> + +<li>R. § 19, <a href="#Page_500">500</a>; § 27, <a +href="#Page_502">502</a>.</li></ul></li> + +<li>Photo-lithograph, E. § 35, <a href="#Page_542">542</a>; + +<ul class="IX"><li>C. § 2, <a href="#Page_555">555</a>.</li></ul></li> + +<li>Photographs, <a href="#Page_30">30</a>, <a href="#Page_36">36</a>, <a +href="#Page_37">37</a>, <a href="#Page_64">64</a>, <a +href="#Page_113">113</a>, <a href="#Page_219">219</a>, <a +href="#Page_223">223</a>, <a href="#Page_224">224</a>, <a +href="#Page_226">226</a>, <a href="#Page_228">228</a>, <a +href="#Page_229">229</a>, <a href="#Page_240"><b>240</b></a>, <a +href="#Page_243">243</a>, <a href="#Page_245">245</a>, <a +href="#Page_250">250</a>, <a href="#Page_274">274</a>, <a +href="#Page_320">320</a>, <a href="#Page_326">326</a>, <a +href="#Page_328">328</a>, <a href="#Page_332">332</a>, <a +href="#Page_336">336</a>, <a href="#Page_377">377</a>, <a +href="#Page_393">393</a>; + +<ul class="IX"><li>§ 5 (j), <a href="#Page_468">468</a>;</li> + +<li>R. § 15, <a href="#Page_498">498</a>; § 19, <a +href="#Page_500">500</a>;</li> + +<li>E. § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>I. <a href="#Page_605b">605</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_637">637</a>, <a +href="#Page_649">649</a>;</li> + +<li>alterations, <a href="#Page_244">244</a>;</li> + +<li>as publication; + +<ul class="IX"><li>E. § 1 (3), <a href="#Page_518">518</a>;</li></ul></li> + +<li>duties, <a href="#Page_288">288</a>;</li> + +<li>formalities, <a href="#Page_127">127</a>, <a href="#Page_140">140</a>, +<a href="#Page_141">141</a>, <a href="#Page_144">144</a>, <a +href="#Page_150">150</a>, <a href="#Page_152">152</a>, <a +href="#Page_225">225</a>, <a href="#Page_226">226</a>, <a +href="#Page_227">227</a>, <a href="#Page_241">241</a>, <a +href="#Page_307">307</a>, <a href="#Page_391">391</a>, <a +href="#Page_406">406</a>, <a href="#Page_407">407</a>, <a +href="#Page_409">409</a>; + +<ul class="IX"><li>§ 11, <a href="#Page_470">470</a>; § 18, <a +href="#Page_472">472</a>; § 61, <a href="#Page_487">487</a>;</li> + +<li>R. § <a href="#Page_19">19</a>; § 20, <a href="#Page_500">500</a>; § +25, <a href="#Page_501">501</a>; § 40, <a href="#Page_507">507</a>;</li> + +<li>C. § 3 (2), <a href="#Page_557">557</a>; § 26, <a +href="#Page_568">568</a>;</li></ul></li> + +<li>in other countries, <a href="#Page_248">248</a>, <a +href="#Page_398">398-429</a>;</li> + +<li>in public place, <a href="#Page_264">264</a>, <a +href="#Page_376">376</a>; + +<ul class="IX"><li>E. § 2 (1), <a href="#Page_518">518</a>;</li> + +<li>C. § 4, <a href="#Page_558">558</a>;</li></ul></li> + +<li>infringement, <a href="#Page_37">37</a>, <a href="#Page_243">243</a>, +<a href="#Page_245">245</a>, <a href="#Page_266">266</a>, <a +href="#Page_267">267</a>; + +<ul class="IX"><li>§ 25 (b), <a href="#Page_476">476</a>;</li></ul></li> + +<li>on order, <a href="#Page_238"><b>238</b></a>; + +<ul class="IX"><li>E. § 5 (1), <a href="#Page_521">521</a>;</li> + +<li>C. § 7, <a href="#Page_560">560</a>;</li> + +<li>Au. § 39, <a href="#Page_590">590</a>;</li></ul></li> + +<li>special term, <a href="#Page_122">122</a>, <a +href="#Page_247">247</a>, <a href="#Page_248">248</a>, <a +href="#Page_328">328</a>, <a href="#Page_377">377</a>, <a +href="#Page_394">394</a>, <a href="#Page_403">403</a>, <a +href="#Page_406">406</a>, <a href="#Page_407">407</a>, <a +href="#Page_409">409</a>, <a href="#Page_416">416</a>, <a +href="#Page_417">417</a>; + +<ul class="IX"><li>E. § 21, <a href="#Page_533">533</a>;</li> + +<li>C. § 31, <a href="#Page_570">570</a>;</li> + +<li>I. <a href="#Page_606a">606</a>, <a +href="#Page_610b">610</a>.</li></ul></li> + +<li><i>See also</i> Artistic work, Negatives.</li></ul></li> + +<li>Pictorial illustrations. <i>See</i> Illustrations.</li> + +<li>Pierce & Bushnell Co. <i>v.</i> Werckmeister (1896), <a +href="#Page_233">233</a>.</li> + +<li>Pierce, President, <a href="#Page_347">347</a>.</li> + +<li>Pigeons, messages, <a href="#Page_396">396</a>.</li> + +<li>Pins noncopr., <a href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 16, <a href="#Page_499">499</a>.</li></ul></li> + +<li>Piola-Caselli, Eduardo, <a href="#Page_461">461</a>.</li> + +<li>Piracy, Pirated copies. <i>See</i> Infringement.</li> + +<li>Pitt Pitts <i>v.</i> George (1896), <a href="#Page_292">292</a>, <a +href="#Page_296">296</a>.</li> + +<li>Place of notice. <i>See</i> Notice.</li> + +<li>Place, public. <i>See</i> Public place.</li> + +<li>Plans, <a href="#Page_70">70</a>, <a href="#Page_247">247</a>, <a +href="#Page_248">248</a>, <a href="#Page_326">326</a>; + +<ul class="IX"><li>E. § 2, <a href="#Page_518">518</a>; § 15 (7), <a +href="#Page_527">527</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>; § 3 (2), <a +href="#Page_557">557</a>; § 4, <a href="#Page_558">558</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>I. <a href="#Page_604b">604</a>;</li> + +<li>P. <a href="#Page_634">634</a>.</li> + +<li><i>See also</i> Architectural drawings.</li></ul></li> + +<li>Plastic work. <i>See</i> Sculpture.</li> + +<li>Plates, <a href="#Page_153">153</a>, <a href="#Page_266">266</a>, <a +href="#Page_268">268</a>, <a href="#Page_270">270</a>, <a +href="#Page_393">393</a>; + +<ul class="IX"><li>§ 15, <a href="#Page_471">471</a>; § 25 (d), <a +href="#Page_476">476</a>; § 27, <a href="#Page_477">477</a>;</li> + +<li>R. § 27, <a href="#Page_502">502</a>;</li> + +<li>E. § 5 (1), <a href="#Page_521">521</a>; § 7, <a +href="#Page_523">523</a>; § 11 (2), <a href="#Page_524">524</a>; § 35, <a +href="#Page_543">543</a>, <a href="#Page_552">552</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>; § 9, <a href="#Page_561">561</a>; +§ 13 (2), <a href="#Page_563">563</a>; § 31, <a +href="#Page_570">570</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>.</li> + +<li><i>See also</i> Mechanical instruments.</li></ul></li> + +<li>Plats, <a href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 11, <a href="#Page_498">498</a>.</li></ul></li> + +<li>Platt, O. H., <a href="#Page_50">50</a>, <a href="#Page_278">278</a>; + +<ul class="IX"><li>bill (1889), <a +href="#Page_361">361</a>.</li></ul></li> + +<li>Playing cards, <a href="#Page_242">242</a>.</li> + +<li>Playright, <a href="#Page_8">8</a>, <a href="#Page_36">36</a>, <a +href="#Page_42">42</a>, <a href="#Page_45">45</a>, <a +href="#Page_61">61</a>, <a href="#Page_162"><b>162-202</b></a>, <a +href="#Page_319">319</a>, <a href="#Page_328">328</a>, <a +href="#Page_376">376</a>, <a href="#Page_393">393</a>, <a +href="#Page_459">459</a>; + +<ul class="IX"><li>§ 1 (d), (e), <a href="#Page_465">465</a>;</li> + +<li>E. § 1 (2), <a href="#Page_518">518</a>, <a +href="#Page_545">545</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>, <a href="#Page_577">577</a>;</li> + +<li>Au. § 14, <a href="#Page_584">584</a>; § 16, <a +href="#Page_585">585</a>; § 25, <a href="#Page_587">587</a>;</li> + +<li>I. <a href="#Page_614b">614</a>;</li> + +<li>assignable, Au. § <a href="#Page_24">24</a>; § 26, <a +href="#Page_587">587</a>;</li> + +<li>formalities, <a href="#Page_195">195</a>, <a href="#Page_391">391</a>, +<a href="#Page_394">394</a>, <a href="#Page_397">397</a>; + +<ul class="IX"><li>Au. § 32, <a href="#Page_588">588</a>; § 65, <a +href="#Page_599">599</a>;</li> + +<li>I. <a href="#Page_614b">614</a>;</li></ul></li> + +<li>infringement, <a href="#Page_190">190-94</a>; + +<ul class="IX"><li>Au. § 45, § 46, <a +href="#Page_591">591</a>;</li></ul></li> + +<li>in other countries, <a href="#Page_197">197</a>, <a +href="#Page_398">398-429</a>;</li> + +<li>state protection, <a href="#Page_39">39</a>, <a +href="#Page_194">194</a>.</li> + +<li><i>See also</i> Dramatic, Dramatico-musical, Infringement, License, +Mechanical reproduction, Performance.</li></ul></li> + +<li>Poems, <a href="#Page_58">58</a>, <a href="#Page_70">70</a>, <a +href="#Page_81">81</a>, <a href="#Page_404">404</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>;</li> + +<li>I. <a href="#Page_614b">614</a>.</li></ul></li> + +<li>Police powers, <a href="#Page_319">319</a>, <a +href="#Page_334">334</a>, <a href="#Page_337">337</a>; + +<ul class="IX"><li>I. <a href="#Page_618b">618</a>;</li> + +<li>P. <a href="#Page_640">640</a>, <a href="#Page_652">652</a>.</li> + +<li><i>See also</i> Court.</li></ul></li> + +<li>Political speeches. <i>See</i> Oral work.</li> + +<li>Pope <i>v.</i> Curl (1741), <a href="#Page_92">92</a>.</li> + +<li>Porto Rico, <a href="#Page_39">39</a>, <a href="#Page_108">108</a>, <a +href="#Page_270">270</a>, <a href="#Page_425">425</a>; + +<ul class="IX"><li>§ 34, <a href="#Page_481">481</a>.</li></ul></li> + +<li>Portraits, <a href="#Page_113">113</a>, <a +href="#Page_238"><b>238</b></a>, <a href="#Page_244">244</a>, <a +href="#Page_248">248</a>, <a href="#Page_393">393</a>, <a +href="#Page_404">404</a>; + +<ul class="IX"><li>E. § 5, <a href="#Page_521">521</a>;</li> + +<li>C. § 7, <a href="#Page_560">560</a>;</li> + +<li>Au. § 4, <a href="#Page_581">581</a>;</li> + +<li>§ 38, <a href="#Page_590">590</a>.</li></ul></li> + +<li>Portugal, <a href="#Page_111">111</a>, <a href="#Page_124">124</a>, <a +href="#Page_323">323</a>, <a href="#Page_340">340</a>, <a +href="#Page_411"><b>411</b></a>, <a href="#Page_490">490</a>.</li> + +<li>Possession, copies found in, <a href="#Page_273">273</a>. + +<ul class="IX"><li><i>See also</i> Damages, Seizure.</li></ul></li> + +<li>Post card, <a href="#Page_224">224</a>, <a href="#Page_229">229</a>, +<a href="#Page_289">289</a>; + +<ul class="IX"><li>R. § 16, <a href="#Page_499">499</a>.</li></ul></li> + +<li>"Post Office Directory." <i>See</i> Kelly <i>v.</i> Byles.</li> + +<li>Post Office regulations, <a href="#Page_279">279</a>, <a +href="#Page_282">282</a>, <a href="#Page_515">515</a>; + +<ul class="IX"><li>§ 33, <a href="#Page_480">480</a>.</li></ul></li> + +<li>Posters. <i>See</i> Circus posters.</li> + +<li>Posthumous works, <a href="#Page_92">92</a>, <a +href="#Page_102"><b>102</b></a>, <a href="#Page_104">104</a>, <a +href="#Page_113">113</a>, <a href="#Page_115">115</a>, <a +href="#Page_122">122</a>, <a href="#Page_152">152</a>, <a +href="#Page_321">321</a>, <a href="#Page_328">328</a>, <a +href="#Page_377">377</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>;</li> + +<li>E. § 17, <a href="#Page_529">529</a>;</li> + +<li>C. § 28, <a href="#Page_569">569</a>;</li> + +<li>Au. § 17, <a href="#Page_585">585</a>;</li> + +<li>I. <a href="#Page_610b">610</a>;</li> + +<li>in other countries, <a href="#Page_398">398-429</a>.</li></ul></li> + +<li>Postmaster-General. <i>See</i> Mails, Post Office.</li> + +<li>Pouillet, Eugène, <a href="#Page_460">460</a>.</li> + +<li>Practice, rules of U. S. Supreme Court, <a href="#Page_266">266</a>, +<a href="#Page_268">268</a>, <a href="#Page_491"><b>491</b></a>; + +<ul class="IX"><li>§ 25, <a href="#Page_477">477</a>.</li></ul></li> + +<li>Prefaces, <a href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>.</li></ul></li> + +<li>President. <i>See</i> Proclamations and names of Presidents.</li> + +<li>Press Assoc. <i>v.</i> Reporting Agency (1910), <a +href="#Page_89">89</a>.</li> + +<li>Press Pub. Co. <i>v.</i> Falk (1894), <a +href="#Page_238">238</a>.</li> + +<li><a name="Page_701" id="Page_701"></a><span class="pagenum">[Pg +701]</span> Press Pub. Co. <i>v.</i> Monroe (1806), <a +href="#Page_45">45</a>, <a href="#Page_48">48</a>.</li> + +<li>Preston, Senator, <a href="#Page_344">344</a>, <a +href="#Page_346">346</a>.</li> + +<li>Price-list copr., <a href="#Page_88">88</a>.</li> + +<li>Price limitation, <a href="#Page_14">14</a>, <a +href="#Page_15">15</a>, <a href="#Page_17">17</a>, <a +href="#Page_24">24</a>, <a href="#Page_27">27</a>, <a +href="#Page_46">46</a>, <a href="#Page_49">49</a>, <a +href="#Page_55">55</a>, <a href="#Page_57">57</a>, <a +href="#Page_207">207</a>; + +<ul class="IX"><li>C. § 6, <a href="#Page_559">559</a>.</li></ul></li> + +<li>Prima facie evidence. <i>See</i> Evidence.</li> + +<li>Prime, S. Irenæus, <a href="#Page_348">348</a>.</li> + +<li>Prince Albert <i>v.</i> Strange (1849), <a href="#Page_187">187</a>, +<a href="#Page_238">238</a>.</li> + +<li>Print, right to, <a href="#Page_42">42</a>, <a href="#Page_45">45</a>, +<a href="#Page_163">163</a>; + +<ul class="IX"><li>§ 1 (a), <a href="#Page_465">465</a>.</li></ul></li> + +<li>Printer's lien, <a href="#Page_449">449</a>; + +<ul class="IX"><li>privileges, <a href="#Page_10">10-17</a>, <a +href="#Page_19">19</a>, <a href="#Page_20">20</a>, <a +href="#Page_21">21</a>.</li></ul></li> + +<li>Printing, early, <a href="#Page_10">10-23</a>. + +<ul class="IX"><li><i>See also</i> Manufacturing +provisions.</li></ul></li> + +<li>Prints, <a href="#Page_64">64</a>, <a href="#Page_127">127</a>, <a +href="#Page_223">223</a>, <a href="#Page_224">224</a>, <a +href="#Page_226">226</a>, <a href="#Page_309">309</a>; + +<ul class="IX"><li>§ 5 (k), <a href="#Page_468">468</a>; § 18, <a +href="#Page_472">472</a>;</li> + +<li>R. § 16, <a href="#Page_409">409</a>; § 25, <a +href="#Page_501">501</a>;</li> + +<li>E. § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>; § 26, <a +href="#Page_568">568</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>; § 40, <a +href="#Page_590">590</a>;</li> + +<li>[goods] acts (1787, 1789, 1794), <a href="#Page_27">27</a>, <a +href="#Page_246">246</a>;</li> + +<li>(Ireland) act, <a href="#Page_28">28</a>, <a +href="#Page_246">246</a>.</li></ul></li> + +<li>Private copr. acts, <a href="#Page_27">27</a>, <a +href="#Page_38">38</a>.</li> + +<li>Private performance. <i>See</i> Performance.</li> + +<li>Private use, <a href="#Page_259">259</a>; + +<ul class="IX"><li>importation for, <a href="#Page_281">281</a>, <a +href="#Page_290">290</a>, <a href="#Page_293">293</a>, <a +href="#Page_294">294</a>; + +<ul class="IX"><li>§ 31 (d);</li> + +<li>E. § 11, <a href="#Page_524">524</a>;</li> + +<li>C. § 13, <a href="#Page_562">562</a>;</li></ul></li> + +<li>reproduction for <a href="#Page_264">264</a>, <a +href="#Page_376">376</a>, <a href="#Page_404">404</a>; + +<ul class="IX"><li>E. § 2, <a href="#Page_518">518</a>;</li> + +<li>C. § 4, <a href="#Page_558">558</a>.</li></ul></li></ul></li> + +<li>Privately printed works, <a href="#Page_53">53</a>.</li> + +<li>Privileges. <i>See</i> Printers.</li> + +<li>Procedure, <a href="#Page_265"><b>265-277</b></a>; + +<ul class="IX"><li>§ 25, <a href="#Page_475">475</a>; § 26, § 27, <a +href="#Page_477">477</a>; § 34-39, <a href="#Page_481">481</a>; § 40, <a +href="#Page_482">482</a>;</li> + +<li>E. § 7, <a href="#Page_523">523</a>;</li> + +<li>U. S. Supreme Court rules, <a href="#Page_491">491</a>.</li> + +<li><i>See also</i> Court jurisdiction, Remedies.</li></ul></li> + +<li>Proceedings of societies. <i>See</i> Publications of.</li> + +<li>Processes. <i>See</i> Methods.</li> + +<li>Proclamations, Presidential, <a href="#Page_108">108</a>, <a +href="#Page_111">111</a>, <a href="#Page_202">202</a>, <a +href="#Page_339">339</a>, <a href="#Page_489"><b>489</b></a>; + +<ul class="IX"><li>§ 8, <a href="#Page_469">469</a>;</li> + +<li>R. § 2, <a href="#Page_495">495</a>.</li></ul></li> + +<li>Produce, right to, <a href="#Page_42">42</a>, <a +href="#Page_45">45</a>, <a href="#Page_61">61</a>, <a +href="#Page_163">163</a>, <a href="#Page_376">376</a>; + +<ul class="IX"><li>§ 1 (d), <a href="#Page_465">465</a>;</li> + +<li>E. § 1, <a href="#Page_518">518</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>.</li></ul></li> + +<li>Profits, <a href="#Page_171">171</a>, <a href="#Page_265">265</a>, <a +href="#Page_267">267</a>, <a href="#Page_448">448</a>; + +<ul class="IX"><li>§ 25 (b), <a href="#Page_476">476</a>.</li></ul></li> + +<li>Projected work noncopr., <a href="#Page_86">86</a>.</li> + +<li>Proof. <i>See</i> Evidence.</li> + +<li>Proofs, printer's, <a href="#Page_432">432</a>, <a +href="#Page_442">442</a>.</li> + +<li>Property rights, <a href="#Page_45">45</a>, <a href="#Page_47">47</a>, +<a href="#Page_314">314</a>; + +<ul class="IX"><li>differentiated, <a href="#Page_46">46</a>;</li> + +<li>contractual, <a href="#Page_97">97</a>, <a href="#Page_430">430</a>, +<a href="#Page_436">436-43</a>;</li> + +<li>natural, <a href="#Page_3">3</a>, <a href="#Page_4">4</a>, <a +href="#Page_9">9</a>, <a href="#Page_43">43</a>, <a +href="#Page_62">62</a>;</li> + +<li>§ 2, <a href="#Page_467">467</a>.</li> + +<li><i>See also</i> Common law, Material object, Ownership, Proprietor, +Rights, etc.</li></ul></li> + +<li>Proprietor, <a href="#Page_95">95-113</a>; + +<ul class="IX"><li>§ 8, <a href="#Page_469">469</a>;</li> + +<li>definition, <a href="#Page_23">23</a>, <a href="#Page_96">96</a>, <a +href="#Page_101">101</a>, <a href="#Page_110">110</a>;</li> + +<li>liability, <a href="#Page_126">126</a>, <a href="#Page_193">193</a>, +<a href="#Page_304">304</a>; + +<ul class="IX"><li>E. § 2, <a href="#Page_520">520</a>;</li> + +<li>C. § 4, <a href="#Page_559">559</a>;</li> + +<li>Au. § 51, <a href="#Page_593">593</a>;</li></ul></li> + +<li>non-qualified, <a href="#Page_110">110</a>; + +<ul class="IX"><li>R. § 2, <a href="#Page_495">495</a>;</li></ul></li> + +<li>periodical contribution, <a href="#Page_110">110</a>, <a +href="#Page_104">104</a>, <a href="#Page_115">115</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>;</li> + +<li>C. § 30, <a href="#Page_569">569</a>;</li> + +<li>Au. § 22, <a href="#Page_486">486</a>;</li></ul></li> + +<li>renewals, <a href="#Page_104">104</a>, <a href="#Page_106">106</a>, <a +href="#Page_115">115</a>, <a href="#Page_117">117</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>; § 24, <a +href="#Page_475">475</a>;</li> + +<li>R. § 47, <a href="#Page_509">509</a>.</li></ul></li> + +<li><i>See also</i> Assigns, Author, Composite work, Employer, Owner, +Property, Publisher, Rights.</li></ul></li> + +<li>Prussia, <a href="#Page_311">311</a>, <a href="#Page_402">402</a>. + +<ul class="IX"><li><i>See also</i> Germany.</li></ul></li> + +<li>Pseudonymous work. <i>See</i> Anonymous.</li> + +<li>Public documents. <i>See</i> Government publications.</li> + +<li>Public documents bill (1895), <a href="#Page_37">37</a>.</li> + +<li>Public domain, works in, <a href="#Page_65">65</a>, <a +href="#Page_118">118</a>, <a href="#Page_127">127</a>, <a +href="#Page_170">170</a>, <a href="#Page_243">243</a>, <a +href="#Page_244">244</a>, <a href="#Page_256">256</a>, <a +href="#Page_319">319</a>, <a href="#Page_320">320</a>, <a +href="#Page_329a">329</a>; + +<ul class="IX"><li>§ 7, <a href="#Page_468">468</a>;</li> + +<li>I. <a href="#Page_605a">605</a>, <a href="#Page_619b">619</a>, <a +href="#Page_620b">620</a>;</li> + +<li>P. <a href="#Page_639">639</a>, <a href="#Page_650">650</a>.</li> + +<li><i>See also</i> Non-copyright matter.</li></ul></li> + +<li>Public place, works in, <a href="#Page_264">264</a>, <a +href="#Page_376">376</a>, <a href="#Page_404">404</a>; + +<ul class="IX"><li>E. § 2, <a href="#Page_518">518</a>;</li> + +<li>C. § 4, <a href="#Page_558">558</a>.</li></ul></li> + +<li>Publication, <a href="#Page_47">47</a>; + +<ul class="IX"><li>definition, <a href="#Page_53"><b>53</b></a>, <a +href="#Page_59">59</a>, <a href="#Page_91">91</a>, <a +href="#Page_126"><b>126</b></a>, <a href="#Page_179">179</a>, <a +href="#Page_181">181</a>, <a href="#Page_197">197</a>, <a +href="#Page_214">214</a>, <a href="#Page_224">224</a>, <a +href="#Page_231">231</a>, <a href="#Page_233">233</a>, <a +href="#Page_234"><b>234</b></a>, <a href="#Page_243">243</a>, <a +href="#Page_250">250</a>, <a href="#Page_322">322</a>, <a +href="#Page_327">327</a>, <a href="#Page_376">376</a>, <a +href="#Page_389">389</a>; + +<ul class="IX"><li>E. § 1, <a href="#Page_518">518</a>;</li> + +<li>C. § 2, <a href="#Page_557">557</a>;</li> + +<li>Au. § 4, <a href="#Page_581">581</a>;</li> + +<li>I. <a href="#Page_608b">608</a>, <a +href="#Page_609b">609</a>;</li></ul></li> + +<li>date, <a href="#Page_52">52</a>, <a href="#Page_109">109</a>, <a +href="#Page_119"><b>119</b></a>, <a href="#Page_126">126</a>, <a +href="#Page_129">129</a>, <a href="#Page_138">138</a>, <a +href="#Page_139">139</a>, <a href="#Page_148">148</a>, <a +href="#Page_179">179</a>, <a href="#Page_248">248</a>, <a +href="#Page_318">318</a>, <a href="#Page_333">333</a>, <a +href="#Page_511">511</a>; + +<ul class="IX"><li>§ 62, <a href="#Page_488">488</a>;</li> + +<li>R. § 29, <a href="#Page_502">502</a>; § 32, <a +href="#Page_504">504</a>; § 33, <a href="#Page_505">505</a>;</li> + +<li>I. <a href="#Page_611a">611</a>;</li> + +<li>P. <a href="#Page_638">638</a>, <a +href="#Page_650">650</a>;</li></ul></li> + +<li>enforced, <a href="#Page_29">29</a>, <a href="#Page_49">49</a>, <a +href="#Page_123">123</a>, <a href="#Page_377">377</a>; + +<ul class="IX"><li>E. § 4, <a href="#Page_521">521</a>;</li> + +<li>C. § 6, <a href="#Page_560">560</a>;</li> + +<li>Au. § 77, <a href="#Page_601">601</a>;</li></ul></li> + +<li>initial step, <a href="#Page_5">5</a>, <a href="#Page_52">52</a>, <a +href="#Page_126">126</a>, <a href="#Page_133"><b>133</b></a>, <a +href="#Page_136">136</a>; + +<ul class="IX"><li>§ 9, <a href="#Page_469">469</a>;</li> + +<li>R. § 1, § 3, <a href="#Page_495">495</a>;§ 22, <a +href="#Page_500">500</a>;</li> + +<li>E. <a href="#Page_545">545</a>;</li> + +<li>Au. § 16, <a href="#Page_585">585</a>;</li></ul></li> + +<li>of registered unpublished work, <a href="#Page_145">145</a>; + +<ul class="IX"><li>R. § 21, <a href="#Page_500">500</a>;</li></ul></li> + +<li>rights before, <a href="#Page_44">44</a>, <a +href="#Page_47">47</a>.</li> + +<li><i>See also</i> First, Simultaneous, Exhibition, Performance, +Government, Republish, Serial, Term.</li></ul></li> + +<li>Publications of societies, <a href="#Page_53">53</a>, <a +href="#Page_88">88</a>, <a href="#Page_412">412</a>; + +<ul class="IX"><li>R. § 6, <a href="#Page_497">497</a>;</li> + +<li>I. <a href="#Page_611a">611</a>;</li> + +<li>P. <a href="#Page_638">638</a>, <a +href="#Page_650">650</a>.</li></ul></li> + +<li>Publish, right to, <a href="#Page_42">42</a>, <a +href="#Page_45">45</a>, <a href="#Page_61">61</a>, <a +href="#Page_163">163</a>, <a href="#Page_333">333</a>, <a +href="#Page_376">376</a>; + +<ul class="IX"><li>§ 1 (a), <a href="#Page_465">465</a>;</li> + +<li>C. § 1, <a href="#Page_518">518</a>;</li> + +<li>Au. § 4, <a href="#Page_581">581</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_637">637</a>, <a +href="#Page_649">649</a>.</li></ul></li> + +<li>Published work, definition, <a href="#Page_197">197</a>, <a +href="#Page_250">250</a>, <a href="#Page_322">322</a>, <a +href="#Page_327">327</a>; + +<ul class="IX"><li>R. § 23, <a href="#Page_500">500</a>;</li> + +<li>I. <a href="#Page_608b">608</a>;</li> + +<li>P. <a href="#Page_650">650</a>.</li></ul></li> + +<li>Publisher, author's representative, <a href="#Page_96">96</a>, <a +href="#Page_129">129</a>, <a href="#Page_329a">329</a>; + +<ul class="IX"><li>C. § 24, <a href="#Page_568">568</a>;</li> + +<li>I. <a href="#Page_617b">617</a>;</li> + +<li>assumed proprietor, <a href="#Page_95">95</a>, <a +href="#Page_403">403</a>; + +<ul class="IX"><li>E. § 6 (3), <a href="#Page_523">523</a>;</li></ul></li> + +<li>early relations, <a href="#Page_8">8-23</a>;</li> + +<li>equity in renewal, <a href="#Page_117">117</a>;</li> + +<li>relations with author, <a href="#Page_409">409</a>, <a +href="#Page_430">430-52</a>.</li> + +<li><i>See also</i> Assigns, Author, Contract, Proprietor, +Renewal.</li></ul></li> + +<li>Publishers Association of Great Britain and Ireland, <a +href="#Page_458">458</a>.</li> + +<li>Publishers' petitions. <i>See</i> Petitions.</li> + +<li><a name="Page_702" id="Page_702"></a><span class="pagenum">[Pg +702]</span> <i>Publishers' Weekly</i>, <a href="#Page_355">355</a>, <a +href="#Page_357">357</a>, <a href="#Page_358">358</a>.</li> + +<li>Pulte <i>v.</i> Derby (1852), <a href="#Page_446">446</a>.</li> + +<li>Punishment, <a href="#Page_194">194</a>, <a href="#Page_196">196</a>, +<a href="#Page_275">275</a>, <a href="#Page_276">276</a>, <a +href="#Page_379">379</a>, <a href="#Page_404">404</a>; + +<ul class="IX"><li>§ 28, <a href="#Page_478">478</a>;</li> + +<li>C. § 13, <a href="#Page_562">562</a>; § 14, <a +href="#Page_564">564</a>;</li> + +<li>spiritual, <a href="#Page_17">17</a>.</li></ul></li> + +<li>Putnam, G. Haven, <a href="#Page_9">9</a>, <a href="#Page_16">16</a>, +<a href="#Page_31">31</a>, <a href="#Page_51">51</a>, <a +href="#Page_360">360</a>, <a href="#Page_362">362</a>, <a +href="#Page_453">453</a>, <a href="#Page_454">454</a>, <a +href="#Page_455">455</a>.</li> + +<li>Putnam, G. Palmer, <a href="#Page_28">28</a>, <a +href="#Page_346">346</a>, <a href="#Page_347">347</a>, <a +href="#Page_348">348</a>, <a href="#Page_355">355</a>.</li> + +<li>Putnam, Herbert, <a href="#Page_308">308</a>, <a +href="#Page_366">366</a>. + +<ul class="IX"><li><i>See also</i> Librarian of Congress.</li></ul></li> + +<li>Putnam <i>v.</i> Pollard (1880), <a href="#Page_40">40</a>.</li> + +<li>Pütter, Johann Stephan, <a href="#Page_12">12</a>, <a +href="#Page_461">461</a>.</li> + +<li>Puzzles noncopr., <a href="#Page_71">71</a>, <a +href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>; § 16, <a +href="#Page_499">499</a>.</li></ul></li> + +<li>Pynson, Richard, <a href="#Page_19">19</a>.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_Q"></a>Quality. <i>See</i> Merit.</li> + +<li>Quantity not essential, <a href="#Page_73">73</a>, <a +href="#Page_254">254</a>.</li> + +<li>Queensland. <i>See</i> Australia.</li> + +<li>Quotation, <a href="#Page_173"><b>173</b></a>, <a +href="#Page_190">190</a>, <a href="#Page_253">253</a>, <a +href="#Page_256">256</a>, <a href="#Page_259"><b>259</b></a>. + +<ul class="IX"><li><i>See also</i> Extracts.</li></ul></li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_R"></a>Racing charts copr., <a +href="#Page_70">70</a>.</li> + +<li>Railroad time-tables copr., <a href="#Page_70">70</a>.</li> + +<li>Randolph, A. D. F., <a href="#Page_350">350</a>.</li> + +<li>Ratification, Attorney General's opinion, <a href="#Page_337">337</a>; + +<ul class="IX"><li>of conventions, <a href="#Page_112">112</a>, <a +href="#Page_320">320</a>, <a href="#Page_322">322</a>, <a +href="#Page_329a">329-332</a>, <a href="#Page_334">334</a>, <a +href="#Page_336">336</a>, <a href="#Page_337">337</a>, <a +href="#Page_340">340</a>; + +<ul class="IX"><li>I. <a href="#Page_628b">628</a>, <a +href="#Page_630b">630</a>;</li> + +<li>P. <a href="#Page_635">635</a>, <a href="#Page_640">640</a>, <a +href="#Page_647">647</a>, <a +href="#Page_652">652</a>.</li></ul></li></ul></li> + +<li>Ratisbon, Bishop of, <a href="#Page_10">10</a>.</li> + +<li>Ravenna, Peter of, <a href="#Page_13">13</a>.</li> + +<li>Reade, C., <a href="#Page_457">457</a>.</li> + +<li>Reade <i>v.</i> Bentley (1858), <a href="#Page_434">434</a>, <a +href="#Page_444">444</a>.</li> + +<li>Reade <i>v.</i> Conquest (1862), <a href="#Page_172">172</a>.</li> + +<li>Reading, public. <i>See</i> Recitation.</li> + +<li>Rebinding, <a href="#Page_159">159</a>, <a href="#Page_263">263</a>, +<a href="#Page_287">287</a>, <a href="#Page_514">514</a>.</li> + +<li>Rebuses noncopr., <a href="#Page_71">71</a>, <a +href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_496">496</a>; § 16, <a +href="#Page_499">499</a>.</li></ul></li> + +<li>Receipt for copies, <a href="#Page_137">137</a>, <a +href="#Page_145">145</a>, <a href="#Page_304">304</a>; + +<ul class="IX"><li>§ 14, <a href="#Page_471">471</a>; § 55, <a +href="#Page_484">484</a>;</li></ul></li> + +<li>Recipes copr., <a href="#Page_70">70</a>, <a +href="#Page_75">75</a>.</li> + +<li>Reciprocity provisions, <a href="#Page_37">37</a>, <a +href="#Page_107">107</a>, <a href="#Page_202">202</a>; + +<ul class="IX"><li>§ 1 (e), <a href="#Page_465">465</a>; § 8 (b), <a +href="#Page_469">469</a>;</li> + +<li>E. § 29, <a href="#Page_539">539</a>;</li> + +<li>C. § 34 <a href="#Page_573">573</a>;</li> + +<li>Au. § 62, <a href="#Page_598">598</a>.</li> + +<li><i>See also</i> Proclamations.</li></ul></li> + +<li>Recitation, <a href="#Page_90">90</a>, <a href="#Page_178">178</a>, <a +href="#Page_200">200</a>, <a href="#Page_264">264</a>, <a +href="#Page_377">377</a>, <a href="#Page_408">408</a>; + +<ul class="IX"><li>E. § 2, <a href="#Page_518">518</a>; § 35, <a +href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>.</li></ul></li> + +<li>Re-copyright objectionable, <a href="#Page_230">230</a>.</li> + +<li>Record & Guide Co. <i>v.</i> Bromley (1910), <a +href="#Page_128">128</a>, <a href="#Page_136">136</a>.</li> + +<li>Record books, blank, noncopr., <a href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 5, <a href="#Page_498">498</a>.</li></ul></li> + +<li>Register of Copyrights, <a href="#Page_37">37</a>, <a +href="#Page_96">96</a>, <a href="#Page_105">105</a>, <a +href="#Page_136">136</a>, <a href="#Page_144">144</a>, <a +href="#Page_297">297</a>, <a href="#Page_299">299</a>, <a +href="#Page_300">300</a>, <a href="#Page_302">302</a>, <a +href="#Page_303">303</a>, <a href="#Page_308">308</a>; + +<ul class="IX"><li>§ 10, <a href="#Page_469">469</a>; § 13, <a +href="#Page_470">470</a>; § 45, <a href="#Page_482">482</a>; §§ 47-49, <a +href="#Page_483">483</a>; §§ 50-51, 53-57, <a +href="#Page_484">484-85</a>.</li> + +<li><i>See also</i> Assistant.</li></ul></li> + +<li>Registers (records) of coprs., <a href="#Page_22">22</a>, <a +href="#Page_150">150</a>, <a href="#Page_300">300</a>, <a +href="#Page_303">303</a>, <a href="#Page_310">310</a>; + +<ul class="IX"><li>§ 54, <a href="#Page_484">484</a>;</li> + +<li>C. § 22, <a href="#Page_567">567</a>;</li> + +<li>Au. § 64, <a href="#Page_599">599</a>; § 71-73, <a +href="#Page_600">600</a>.</li> + +<li><i>See also</i> Copyright records.</li></ul></li> + +<li>Registrar of Copyrights, <a href="#Page_310">310</a>, <a +href="#Page_389">389</a>; + +<ul class="IX"><li>Au. § 4, <a href="#Page_581">581</a>; § 9, <a +href="#Page_582">582</a>.</li></ul></li> + +<li>Registration, <a href="#Page_96"><b>96</b></a>, <a +href="#Page_126">126</a>, <a href="#Page_133">133</a>, <a +href="#Page_136">136</a>, <a href="#Page_143">143</a>, <a +href="#Page_150">150</a>, <a href="#Page_189">189</a>; + +<ul class="IX"><li>§ 10, <a href="#Page_469">469</a>; § 12, <a +href="#Page_470">470</a>;</li> + +<li>R. § <a href="#Page_1">1</a>; § 3, <a href="#Page_495">495</a>; §§ +17-23, <a href="#Page_499">499-501</a>;</li> + +<li>application, <a href="#Page_63">63</a>, <a href="#Page_136">136</a>, +<a href="#Page_137"><b>137</b></a>, <a href="#Page_168">168</a>, <a +href="#Page_207">207</a>, <a href="#Page_511">511</a>; + +<ul class="IX"><li>§ 5, <a href="#Page_467">467</a>;</li> + +<li>R. § 29, <a href="#Page_502">502</a>; §§ 30-31, <a +href="#Page_503">503</a>;</li> + +<li>C. § 7 (5), <a href="#Page_561">561</a>;</li></ul></li> + +<li>assignment, C. § 7 (3), <a href="#Page_560">560</a>;</li> + +<li>certificates, <a href="#Page_136">136</a>, <a +href="#Page_140">140</a>, <a href="#Page_168">168</a>, <a +href="#Page_304">304</a>, <a href="#Page_333">333</a>; + +<ul class="IX"><li>§ 55, <a href="#Page_484">484</a>;</li> + +<li>Au. § 69, § 70, <a href="#Page_599">599</a>;</li> + +<li>I. <a href="#Page_638">638</a>;</li></ul></li> + +<li>early provisions, <a href="#Page_6">6</a>, <a href="#Page_16">16</a>, +<a href="#Page_22">22</a>, <a href="#Page_24">24</a>, <a +href="#Page_28">28</a>;</li> + +<li>errors, C. § 40, <a href="#Page_575">575</a>; + +<ul class="IX"><li>Au. § 72, § 73, <a +href="#Page_601">601</a>;</li></ul></li> + +<li>false, C. § 11, <a href="#Page_562">562</a>; + +<ul class="IX"><li>Au. § 76, <a href="#Page_601">601</a>;</li></ul></li> + +<li>fees, <a href="#Page_141"><b>141</b></a>, <a href="#Page_306">306</a>; + +<ul class="IX"><li>§ 61, <a href="#Page_487">487</a>;</li> + +<li>R. § 40, <a href="#Page_507">507</a>;</li> + +<li>C. § 39, <a href="#Page_574">574</a>;</li></ul></li> + +<li>foreign works, <a href="#Page_146">146</a>;</li> + +<li>in British Empire, <a href="#Page_24">24</a>, <a +href="#Page_150">150</a>, <a href="#Page_184">184</a>, <a +href="#Page_189">189</a>, <a href="#Page_246">246</a>, <a +href="#Page_310">310</a>, <a href="#Page_312">312</a>, <a +href="#Page_373">373-97</a>; + +<ul class="IX"><li>C. §§ 22-27, <a href="#Page_567">567-69</a>;</li> + +<li>Au. §§ 64-76, <a href="#Page_599">599-601</a>;</li></ul></li> + +<li>in other countries, <a href="#Page_151">151</a>, <a +href="#Page_310">310</a>, <a href="#Page_399">399-429</a>; + +<ul class="IX"><li>P. <a href="#Page_638">638</a>, <a +href="#Page_642">642-48</a>;</li></ul></li> + +<li>interim, <a href="#Page_147">147</a>;</li> + +<li>joint authorship, <a href="#Page_101">101</a>;</li> + +<li>new editions, <a href="#Page_134">134</a>;</li> + +<li>oral work, <a href="#Page_59">59</a>, <a +href="#Page_119">119</a>;</li> + +<li>Pan American, <a href="#Page_335">335</a>; + +<ul class="IX"><li>P. <a href="#Page_642">642-46</a>;</li></ul></li> + +<li>periodicals, <a href="#Page_88">88</a>, <a href="#Page_138">138</a>, +<a href="#Page_387">387</a>;</li> + +<li>periodical contributions, <a href="#Page_100">100</a>; + +<ul class="IX"><li>R. § 37, <a href="#Page_506">506</a>;</li></ul></li> + +<li>renewal, <a href="#Page_115">115</a>, <a href="#Page_116">116</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>; § 24, <a +href="#Page_475">475</a>;</li></ul></li> + +<li>separate volumes, <a href="#Page_132">132</a>, <a +href="#Page_306">306</a>; + +<ul class="IX"><li>§ 61, <a href="#Page_487">487</a>;</li></ul></li> + +<li>unpublished works, <a href="#Page_119">119</a>, <a +href="#Page_144">144</a>, <a href="#Page_179">179</a>; + +<ul class="IX"><li>R. § 1, <a href="#Page_495">495</a>;</li> + +<li>on publication, <a href="#Page_145">145</a>.</li></ul></li> + +<li><i>See also</i> Application, Certificate, Formalities.</li></ul></li> + +<li>Regulations, Copr. Office, <a href="#Page_136">136</a>, <a +href="#Page_299">299</a>, <a href="#Page_303">303</a>, <a +href="#Page_455">455</a>, <a href="#Page_495">495-510</a>; + +<ul class="IX"><li>§ 53, <a href="#Page_484">484</a>;</li> + +<li>for importation, <a href="#Page_279">279</a>, <a +href="#Page_282">282</a>, <a href="#Page_290">290</a>, <a +href="#Page_513">513</a>; + +<ul class="IX"><li>§ 33, <a href="#Page_480">480</a>;</li> + +<li>E. § 14, <a href="#Page_525">525</a>;</li></ul></li> + +<li>international bureaus, <a href="#Page_319">319</a>, <a +href="#Page_329a">329</a>, <a href="#Page_335">335</a>; + +<ul class="IX"><li>I. <a href="#Page_623b">623</a>;</li> + +<li>P. <a href="#Page_645">645</a>;</li></ul></li> + +<li>Supreme Court, <a href="#Page_268">268</a>, <a +href="#Page_269">269</a>, <a href="#Page_372">372</a>, <a +href="#Page_491">491-94</a>; + +<ul class="IX"><li>§ 25, <a +href="#Page_477">477</a>.</li></ul></li></ul></li> + +<li>Reichardt <i>v.</i> Sapte (1893), <a href="#Page_187">187</a>.</li> + +<li><i>Reichsanzeiger</i>, <a href="#Page_403">403</a>.</li> + +<li>Re-importation, <a href="#Page_159">159</a>, <a +href="#Page_283">283</a>. + +<ul class="IX"><li><i>See also</i> Importation.</li></ul></li> + +<li>Remedies, <a href="#Page_44">44</a>, <a href="#Page_195">195</a>, <a +href="#Page_206">206</a>, <a href="#Page_265"><b>265-77</b></a>, <a +href="#Page_378">378</a>, <a href="#Page_379">379,</a>: § 25, <a +href="#Page_475">475</a>; + +<ul class="IX"><li>§ 28, <a href="#Page_478">478</a>;</li> + +<li>E. §§ 6-13, <a href="#Page_522">522-25</a>;</li> + +<li>C. § 8-15, <a href="#Page_561">561-65</a>;</li> + +<li>Au. §§ 45-57, <a href="#Page_591">591-97</a>.</li> + +<li><i>See also</i> Damages, Infringement, Penalties, +Punishment.</li></ul></li> + +<li><a name="Page_703" id="Page_703"></a><span class="pagenum">[Pg +703]</span> Remittances to Copr. Office, <a href="#Page_141">141</a>; + +<ul class="IX"><li>R. § 40, <a href="#Page_508">508</a>.</li></ul></li> + +<li>Renault, Prof. L., <a href="#Page_325">325</a>.</li> + +<li>Renewal, <a href="#Page_14">14</a>, <a href="#Page_24">24</a>, <a +href="#Page_35">35</a>, <a href="#Page_36">36</a>, <a +href="#Page_38">38</a>, <a href="#Page_58">58</a>, <a +href="#Page_114"><b>114-124</b></a>, <a href="#Page_148">148</a>, <a +href="#Page_246">246</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>;</li> + +<li>R. §§ 46-48, <a href="#Page_509">509</a>;</li> + +<li>contributions, <a href="#Page_104">104</a>, <a +href="#Page_115">115</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>;</li> + +<li>R. § 47, <a href="#Page_509">509</a>;</li></ul></li> + +<li>estoppel of, <a href="#Page_118">118</a>;</li> + +<li>extension of subsisting, <a href="#Page_117"><b>117</b></a>, <a +href="#Page_140">140</a>; + +<ul class="IX"><li>§ 24, <a href="#Page_475">475</a>;</li> + +<li>R. § 46, <a href="#Page_509">509</a>;</li></ul></li> + +<li>formalities, <a href="#Page_115">115</a>, <a href="#Page_118">118</a>, +<a href="#Page_140">140</a>, <a href="#Page_141">141</a>, <a +href="#Page_306">306</a>, <a href="#Page_309">309</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_475">475</a>; § 61, <a +href="#Page_487">487</a>;</li> + +<li>R. § 46, § 47, <a href="#Page_509">509</a>;</li></ul></li> + +<li>ownership, <a href="#Page_104"><b>104</b></a>, <a +href="#Page_106"><b>106</b></a>, <a href="#Page_116">116</a>, <a +href="#Page_117">117</a>, <a href="#Page_435">435</a>, <a +href="#Page_447">447</a>; + +<ul class="IX"><li>§ 23, <a href="#Page_474">474</a>; § 24, <a +href="#Page_475">475</a>;</li> + +<li>R. § 46, <a href="#Page_509">509</a>;</li></ul></li> + +<li>subsisting copyright, <a href="#Page_116"><b>116</b></a>, +<a href="#Page_117">117</a>, <a href="#Page_140">140</a>, +<a href="#Page_141">141</a>; + +<ul class="IX"><li>§ 24, <a href="#Page_475">475</a>; § 61, <a +href="#Page_487">487</a>;</li> + +<li>R. §§ 46-48, <a href="#Page_509">509</a>;</li></ul></li> + +<li>unpublished works, <a href="#Page_119">119</a>, +<a href="#Page_179">179</a>.</li> + +<li><i>See also</i> Extension, Registration, Term.</li></ul></li> + +<li>Repeal, <a href="#Page_283">283</a>, <a href="#Page_379">379</a>; + +<ul class="IX"><li>§ 63, +<a href="#Page_488">488</a>;</li> + +<li>E. § 26, <a href="#Page_537">537</a>; § 36, <a +href="#Page_544">544</a>, <a href="#Page_546">546-47</a>;</li> + +<li>C. § 44, § 45, <a href="#Page_576">576</a>, +<a href="#Page_578">578-79</a>.</li></ul></li> + +<li>Replevin suits, <a href="#Page_46">46</a>, +<a href="#Page_273">273</a>, <a href="#Page_274">274</a>. + +<ul class="IX"><li><i>See also</i> +Suits.</li></ul></li> + +<li>Report, right to, Au. § 15, <a href="#Page_584">584</a>; + +<ul class="IX"><li>§ 33, +<a href="#Page_589">589</a>.</li> + +<li><i>See also</i> Oral work.</li></ul></li> + +<li>Report, Register of Copyrights, <a href="#Page_299">299</a>, +<a href="#Page_302">302</a>, <a href="#Page_303">303</a>, +<a href="#Page_324">324</a>, <a href="#Page_366">366</a>; + +<ul class="IX"><li>§ 49, +<a href="#Page_483">483</a>; § 51, <a href="#Page_484">484</a>;</li> + +<li>Director of International Bureau, <a href="#Page_320">320</a>, +<a href="#Page_329a">329</a>; + +<ul class="IX"><li>I. <a +href="#Page_624b">624</a>.</li></ul></li></ul></li> + +<li>Reports on copr., <a href="#Page_32">32</a>, +<a href="#Page_344">344</a>, <a href="#Page_346">346</a>, +<a href="#Page_348">348</a>, <a href="#Page_353">353</a>, +<a href="#Page_362">362</a>, <a href="#Page_369">369</a>, +<a href="#Page_371">371</a>. + +<ul class="IX"><li><i>See also</i> Names of +Congressmen, Election, Law, Newspaper reports, Oral work.</li></ul></li> + +<li>Representation, right of, <a href="#Page_37">37</a>, +<a href="#Page_42">42</a>, <a href="#Page_45">45</a>, +<a href="#Page_163">163</a>, <a href="#Page_197">197</a>; + +<ul class="IX"><li>§ 1 (d), +<a href="#Page_465">465</a>;</li> + +<li>R. § 23, <a href="#Page_501">501</a>;</li> + +<li>E. § 35, <a href="#Page_543">543</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>; § 4, <a +href="#Page_559">559</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>I. <a href="#Page_608b">608</a>, <a href="#Page_613b">613</a>, +<a href="#Page_618b">618</a>;</li> + +<li>P. <a href="#Page_640">640</a>, <a href="#Page_652">652</a>.</li> + +<li><i>See also</i> Performance, Playright.</li></ul></li> + +<li>Representatives, House of. <i>See</i> Congressional; <i>also</i> names +of Representatives.</li> + +<li>Representatives, legal. <i>See</i> Assigns, Heirs.</li> + +<li>Reprint, right to, <a href="#Page_42">42</a>, +<a href="#Page_45">45</a>, <a href="#Page_163">163</a>; + +<ul class="IX"><li>§ 1 (a), +<a href="#Page_465">465</a>.</li></ul></li> + +<li>Reprints of copr. works, <a href="#Page_134">134</a>, +<a href="#Page_293">293</a>, <a href="#Page_294">294</a>, +<a href="#Page_385">385</a>.</li> + +<li>Reproduce, right to, <a href="#Page_42">42</a>, +<a href="#Page_45">45</a>, <a href="#Page_61">61</a>, +<a href="#Page_163">163</a>, <a href="#Page_333">333</a>, +<a href="#Page_376">376</a>; + +<ul class="IX"><li>§ 1 (d), +<a href="#Page_465">465</a>;</li> + +<li>E. 1, §, <a href="#Page_518">518</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>;</li> + +<li>Au. § 34, <a href="#Page_589">589</a>; § 41, <a +href="#Page_591">591</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_637">637</a>, +<a href="#Page_650">650</a>.</li></ul></li> + +<li>Reproductions of artistic works, <a href="#Page_64">64</a>, +<a href="#Page_223">223</a>, <a href="#Page_228">228</a>, +<a href="#Page_234">234</a>, <a href="#Page_235">235</a>, +<a href="#Page_404">404</a>; + +<ul class="IX"><li>§ 5 (h), +<a href="#Page_468">468</a>;</li> + +<li>R. § 13, <a href="#Page_598">598</a>;</li> + +<li>E. § 2, <a href="#Page_518">518</a>; § 24, <a +href="#Page_534">534</a>; § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>; § 4, <a +href="#Page_558">558</a>;</li> + +<li>I. <a href="#Page_613b">613</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_639">639</a>, +<a href="#Page_651">651</a>.</li> + +<li><i>See also</i> Infringement, Mechanical reproduction.</li></ul></li> + +<li>Republish, license to, <a href="#Page_29">29</a>, +<a href="#Page_123">123</a>, <a href="#Page_377">377</a>, +<a href="#Page_412">412</a>, <a href="#Page_415">415</a>; + +<ul class="IX"><li>E. § 4, +<a href="#Page_521">521</a>;</li> + +<li>C. § 6, <a href="#Page_559">559</a>;</li> + +<li>Au. § 77, <a href="#Page_601">601</a>;</li> + +<li><i>See also</i> License.</li></ul></li> + +<li>Reputation of author, <a href="#Page_46">46</a>, +<a href="#Page_85">85</a>, <a href="#Page_100">100</a>, +<a href="#Page_244">244</a>, <a href="#Page_274">274</a>, +<a href="#Page_404">404</a>, <a href="#Page_435">435</a>, +<a href="#Page_443">443</a>.</li> + +<li>Research, use for, <a href="#Page_264">264</a>, +<a href="#Page_376">376</a>; + +<ul class="IX"><li>E. § 2 (1), +<a href="#Page_518">518</a>;</li> + +<li>C. § 4, <a href="#Page_558">558</a>.</li></ul></li> + +<li>Reservation of copr. <i>See</i> Interim copyright, Notice of +reservation.</li> + +<li>Residence, <a href="#Page_107">107</a>, +<a href="#Page_108"><b>108</b></a>, <a href="#Page_138">138</a>, +<a href="#Page_139">139</a>, <a href="#Page_151">151</a>, +<a href="#Page_200">200</a>, <a href="#Page_246">246</a>, +<a href="#Page_373">373</a>, <a href="#Page_375">375</a>, +<a href="#Page_376">376</a>, <a href="#Page_387">387</a>, +<a href="#Page_388">388</a>, <a href="#Page_405">405</a>, +<a href="#Page_420">420</a>; + +<ul class="IX"><li>§ 8, +<a href="#Page_469">469</a>;</li> + +<li>R. § 2, <a href="#Page_495">495</a>; § 29, <a +href="#Page_502">502</a>; § 30, <a href="#Page_503">503</a>;</li> + +<li>E. §§ 25-27, <a href="#Page_536">536-38</a>; § 29, <a +href="#Page_539">539</a>; § 34, <a href="#Page_544">544</a>;</li> + +<li>C. § 2 (4), § 3, <a href="#Page_557">557</a>; § 34, <a +href="#Page_573">573</a>.</li> + +<li><i>See also</i> Country, Foreign author.</li></ul></li> + +<li>Restraint of trade, <a href="#Page_57">57</a>. + +<ul class="IX"><li><i>See also</i> +Limitation.</li></ul></li> + +<li>Retroactive effect, <a href="#Page_328">328</a>; + +<ul class="IX"><li>E. § 24 (1), +<a href="#Page_534">534</a>;</li> + +<li>I. <a href="#Page_615b">615</a>.</li></ul></li> + +<li>Revenue act (1889), <a href="#Page_31">31</a>, +<a href="#Page_33">33</a>, <a href="#Page_293">293</a>, +<a href="#Page_379">379</a>.</li> + +<li>Reversion in periodical contributions, <a href="#Page_29">29</a>, +<a href="#Page_122">122</a>, <a href="#Page_440">440</a>. + +<ul class="IX"><li><i>See also</i> +Assignment, Heirs.</li></ul></li> + +<li>Reviews, <a href="#Page_87">87</a>, <a href="#Page_264">264</a>, +<a href="#Page_376">376</a>; + +<ul class="IX"><li>R. § 6, <a href="#Page_497">497</a>;</li> + +<li>E. § 2, <a href="#Page_518">518</a>; § 15 (7), <a +href="#Page_527">527</a>; § 35, <a href="#Page_542">542</a>, <a +href="#Page_545">545</a>;</li> + +<li>C. § 4, <a href="#Page_558">558</a>; § 22, <a +href="#Page_567">567</a>; § 30, <a href="#Page_569">569</a>;</li> + +<li>Au. § 4, <a href="#Page_581">581</a>.</li></ul></li> + +<li>Revised Statutes. <i>See</i> U. S. laws, Canada.</li> + +<li>Rex <i>v.</i> Bokenham (1910), <a href="#Page_277">277</a>.</li> + +<li>Rex <i>v.</i> Willets (1906), <a href="#Page_277">277</a>.</li> + +<li>Rhenish Celtic Sodalitas, <a href="#Page_11">11</a>.</li> + +<li>Rhode Island copr. legislation, <a href="#Page_35">35</a>.</li> + +<li>Richard III, <a href="#Page_19">19</a>, +<a href="#Page_20">20</a>.</li> + +<li>Rifformatori, <a href="#Page_15">15</a>, +<a href="#Page_16">16</a>.</li> + +<li>Rights, <a href="#Page_42">42-52</a>, <a href="#Page_218">218</a>; + +<ul class="IX"><li>§§ 1-3, +<a href="#Page_465">465-67</a>; § 8, <a href="#Page_469">469</a>;</li> + +<li>E. §§ 1-5, <a href="#Page_517">517-22</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_634">634</a>, +<a href="#Page_637">637</a>, <a href="#Page_638">638</a>, +<a href="#Page_649">649</a>, <a href="#Page_650">650</a>;</li> + +<li>existing and substituted, + +<ul class="IX"><li>E. § 24, <a href="#Page_534">534</a>, +<a href="#Page_545">545</a>;</li> + +<li>C. § 33, <a href="#Page_571">571</a>, +<a href="#Page_577">577</a>.</li></ul></li> + +<li><i>See also</i> Common law, Consent, Property, Proprietor, Material +object, Dramatize, Mechanical reproduction, Translate, etc.</li></ul></li> + +<li>Rinehart <i>v.</i> Smith (1903), <a href="#Page_273">273</a>.</li> + +<li>Rio de Janeiro conference, <a href="#Page_331">331</a>, +<a href="#Page_334">334</a>; + +<ul class="IX"><li>convention, +<a href="#Page_334"><b>334</b></a>, <a href="#Page_336">336</a>, +<a href="#Page_419">419</a>;</li> + +<li>text of, <a href="#Page_642">642-48</a>.</li> + +<li><i>See also</i> International, Pan Amer. Union, and names of +countries.</li></ul></li> + +<li>Ritchie, P. E., <a href="#Page_389">389</a>.</li> + +<li>Road books copr., <a href="#Page_69">69</a>.</li> + +<li>Robertson, J., <a href="#Page_346">346</a>.</li> + +<li><a name="Page_704" id="Page_704"></a><span class="pagenum">[Pg +704]</span> Robinson, W. E., bill (1882), +<a href="#Page_356">356</a>.</li> + +<li>Rolls, perforated. <i>See</i> Mechanical instruments.</li> + +<li>Roman literature, <a href="#Page_8">8</a>.</li> + +<li>Rome literary congress (1882), <a href="#Page_314">314</a>.</li> + +<li>Roosevelt, President, <a href="#Page_368">368</a>, +<a href="#Page_371">371</a>.</li> + +<li>Rosebery's, Ld., speeches reported <i>verbatim</i>, +<a href="#Page_68">68</a>.</li> + +<li>Rosmini, Enrico, <a href="#Page_461">461</a>.</li> + +<li>Röthlisberger, Ernest, <a href="#Page_330">330</a>, +<a href="#Page_462">462</a>.</li> + +<li>Roumania, <a href="#Page_323">323</a>, +<a href="#Page_414"><b>414</b></a>.</li> + +<li>Routledge <i>v.</i> Low (1868), <a href="#Page_109">109</a>, +<a href="#Page_374">374</a>.</li> + +<li>Rowlett, J., private copr. grant, <a href="#Page_38">38</a>.</li> + +<li>Royal Copr. Commission. <i>See</i> Commission.</li> + +<li>Royal Sales Co. <i>v.</i> Gaynor (1908), +<a href="#Page_70">70</a>.</li> + +<li>Royalties, <a href="#Page_123">123</a>, <a href="#Page_124">124</a>, +<a href="#Page_199">199</a>, <a href="#Page_201">201</a>, +<a href="#Page_202">202</a>, <a href="#Page_206">206</a>, +<a href="#Page_207"><b>207</b></a>, <a href="#Page_209">209</a>, +<a href="#Page_211">211</a>, <a href="#Page_268">268</a>, +<a href="#Page_377">377</a>, <a href="#Page_385">385</a>, +<a href="#Page_412">412</a>, <a href="#Page_435">435</a>, +<a href="#Page_437">437</a>, <a href="#Page_439">439</a>, +<a href="#Page_440">440</a>, <a href="#Page_447"><b>447-51</b></a>; + +<ul class="IX"><li>§ 1 (e), <a href="#Page_466">466</a>; § 25 (e), <a +href="#Page_477">477</a>;</li> + +<li>E. § 3, <a href="#Page_520">520</a>; § 19, <a +href="#Page_530">530-33</a> § 24, <a href="#Page_534">534</a>;</li> + +<li>C. § 6, <a href="#Page_559">559</a>; § 33, <a +href="#Page_571">571</a>; § 41, <a href="#Page_575">575</a>.</li> + +<li><i>See also</i> Licenses.</li></ul></li> + +<li>Rules. <i>See</i> Regulations.</li> + +<li>Russell <i>v.</i> Smith (1848), <a href="#Page_176">176</a>, +<a href="#Page_189">189</a>, <a href="#Page_191">191</a>.</li> + +<li>Russia, <a href="#Page_124">124</a>, <a href="#Page_197">197</a>, +<a href="#Page_214">214</a>, <a href="#Page_295">295</a>, +<a href="#Page_323">323</a>, <a href="#Page_409"><b>409</b></a>.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_S"></a>Saake <i>v.</i> Lederer (1909), +<a href="#Page_107">107</a>.</li> + +<li>Sabellico, <a href="#Page_10">10</a>, <a href="#Page_13">13</a>.</li> + +<li>St. Columba, <a href="#Page_9">9</a>.</li> + +<li>St. Leonards, Ld., <a href="#Page_1">1</a>.</li> + +<li>St. Mark's library, <a href="#Page_16">16</a>.</li> + +<li>Sale, <a href="#Page_10">10</a>, <a href="#Page_42">42</a>, +<a href="#Page_45">45-49</a>, <a href="#Page_54"><b>54-57</b></a>, +<a href="#Page_127">127</a>, <a href="#Page_163">163</a>, +<a href="#Page_265">265</a>, <a href="#Page_333">333</a>, +<a href="#Page_378">378</a>; + +<ul class="IX"><li>§ 1, +<a href="#Page_465">465</a>;</li> + +<li>C. § 4, <a href="#Page_559">559</a>; § 13, <a +href="#Page_562">562</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_637">637</a>, +<a href="#Page_649">649</a>;</li> + +<li>as publication, <a href="#Page_53">53</a>, +<a href="#Page_127">127</a>; + +<ul class="IX"><li>§ 62, <a href="#Page_488">488</a>;</li> + +<li>Au. § 4, <a href="#Page_581">581</a>;</li></ul></li> + +<li>control of, <a href="#Page_5">5</a>, <a href="#Page_54"><b>54</b></a>, +<a href="#Page_60">60</a>;</li> + +<li>withdrawal from, <a href="#Page_49">49</a>.</li> + +<li><i>See also</i> Assignment, Material object, Outright.</li></ul></li> + +<li>Salvador, <a href="#Page_112">112</a>, <a href="#Page_316">316</a>, +<a href="#Page_332">332</a>, <a href="#Page_334">334</a>, +<a href="#Page_336">336</a>, <a href="#Page_340">340</a>, +<a href="#Page_422"><b>422</b></a>, <a href="#Page_423">423</a>, +<a href="#Page_643">643</a>, <a href="#Page_652">652</a>.</li> + +<li>Sampson & Murdock Co. <i>v.</i> Seaver Radford (1905), +<a href="#Page_255">255</a>.</li> + +<li>San Domingo. <i>See</i> Dominican Republic.</li> + +<li>San Marino, <a href="#Page_413"><b>413</b></a>.</li> + +<li>Sanborn, Judge, <a href="#Page_47">47</a>.</li> + +<li>Sandwich Islands. <i>See</i> Hawaii.</li> + +<li>Sarpy <i>v.</i> Holland (1908), <a href="#Page_313">313</a>.</li> + +<li>Scandinavian countries, <a href="#Page_248">248</a>, +<a href="#Page_407"><b>407</b></a>. + +<ul class="IX"><li><i>See also</i> Denmark, +Norway, Sweden.</li></ul></li> + +<li>Scenario, <a href="#Page_145">145</a>, <a href="#Page_176">176</a>; + +<ul class="IX"><li>R. § 18, +<a href="#Page_500">500</a>.</li></ul></li> + +<li>Scenes, infringing, <a href="#Page_174">174</a>, +<a href="#Page_191">191</a>.</li> + +<li>Scenic composition, <a href="#Page_175">175</a>, +<a href="#Page_178">178</a>; + +<ul class="IX"><li>E. § 35 (1), +<a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>;</li> + +<li>Au. § 4, <a href="#Page_581">581</a>.</li> + +<li><i>See also</i> Dramatic work.</li></ul></li> + +<li>Schedules, British, <a href="#Page_377">377</a>, +<a href="#Page_379">379</a>; + +<ul class="IX"><li>E. § 2, <a href="#Page_519">519</a>; § 36, <a +href="#Page_544">544</a>, <a href="#Page_546">546</a>;</li> + +<li>C. § 33, <a href="#Page_571">571</a>, +<a href="#Page_576">576</a>.</li></ul></li> + +<li>Schemes noncopr., <a href="#Page_61">61</a>. + +<ul class="IX"><li><i>See also</i> +Arrangement, Methods.</li></ul></li> + +<li>Schlesinger <i>v.</i> Bedford (1890), +<a href="#Page_173">173</a>.</li> + +<li>Schlesinger <i>v.</i> Turner (1890), <a href="#Page_173">173</a>.</li> + +<li>Schöffer, <a href="#Page_10">10</a>.</li> + +<li>Scholz <i>v.</i> Amasis (1909), <a href="#Page_176">176</a>.</li> + +<li>School books. <i>See</i> Education.</li> + +<li>Schoolcraft, private copr. grant, <a href="#Page_38">38</a>.</li> + +<li>Schott, Johann, <a href="#Page_11">11</a>.</li> + +<li>Schumacher <i>v.</i> Wogram (1888), <a href="#Page_130">130</a>, +<a href="#Page_237">237</a>.</li> + +<li>Scientific work, <a href="#Page_64">64</a>, +<a href="#Page_127">127</a>, <a href="#Page_140">140</a>, +<a href="#Page_154">154</a>, <a href="#Page_156">156</a>, +<a href="#Page_223">223</a>, <a href="#Page_224">224</a>, +<a href="#Page_225">225</a>, <a href="#Page_228">228</a>, +<a href="#Page_229">229</a>, <a href="#Page_326">326</a>, +<a href="#Page_333">333</a>, <a href="#Page_388">388</a>; + +<ul class="IX"><li>§ 5 (i), +<a href="#Page_468">468</a>; § 15, <a href="#Page_471">471</a>;</li> + +<li>R. § 14, <a href="#Page_498">498</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_637">637</a>, +<a href="#Page_649">649</a>.</li></ul></li> + +<li>Scope of copr., <a href="#Page_42">42-62</a>, +<a href="#Page_318">318</a>, <a href="#Page_319">319</a>, +<a href="#Page_326">326</a>, <a href="#Page_327">327</a>, +<a href="#Page_332">332</a>, <a href="#Page_375">375</a>, +<a href="#Page_387">387</a>, <a href="#Page_392">392</a>, +<a href="#Page_393">393</a>; + +<ul class="IX"><li>§ 1-3, +<a href="#Page_465">465-67</a>;</li> + +<li>E. § 1-5, <a href="#Page_517">517-22</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>;</li> + +<li>Au. § 13-15, <a href="#Page_584">584</a>;</li> + +<li>I. <a href="#Page_606b">606</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_634">634</a>, <a +href="#Page_637">637</a>, <a href="#Page_649">649</a>.</li></ul></li> + +<li>Score-card noncopr., <a href="#Page_70">70</a>.</li> + +<li>Scotland, E. § 12, <a href="#Page_525">525</a>, +<a href="#Page_549">549</a>, <a href="#Page_552">552</a>. + +<ul class="IX"><li><i>See also</i> +British.</li></ul></li> + +<li>Scribner <i>v.</i> Straus (1908), <a href="#Page_55">55</a>, +<a href="#Page_56">56</a>; + +<ul class="IX"><li>other cases, +<a href="#Page_260">260</a>.</li></ul></li> + +<li><i>Scriptorium</i>, <a href="#Page_8">8</a>.</li> + +<li>Scrolls, ornamental, noncopr., <a href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 16, +<a href="#Page_499">499</a>.</li></ul></li> + +<li>Scrutton, T. E., <a href="#Page_181">181</a>, +<a href="#Page_458">458</a>.</li> + +<li>Sculpture, <a href="#Page_27">27</a>, <a href="#Page_64">64</a>, +<a href="#Page_66">66</a>, <a href="#Page_127">127</a>, +<a href="#Page_145">145</a>, <a href="#Page_151">151</a>, +<a href="#Page_223">223</a>, <a href="#Page_224">224</a>, +<a href="#Page_225">225</a>, <a href="#Page_226">226</a>, +<a href="#Page_229">229</a>, <a href="#Page_243">243</a>, +<a href="#Page_245">245</a>, <a href="#Page_246">246</a>, +<a href="#Page_247"><b>247</b></a>, <a href="#Page_248">248</a>, +<a href="#Page_250">250</a>, <a href="#Page_264">264</a>, +<a href="#Page_266">266</a>, <a href="#Page_267">267</a>, +<a href="#Page_326">326</a>, <a href="#Page_332">332</a>, +<a href="#Page_370">370</a>, <a href="#Page_388">388</a>; + +<ul class="IX"><li>§ 5 (i), <a href="#Page_468">468</a>; § 11, <a +href="#Page_470">470</a>; § 18, <a href="#Page_472">472</a>; § 25 (b), <a +href="#Page_476">476</a>;</li> + +<li>R. § 12, § 14, § 15, <a href="#Page_498">498</a>; § 20, <a +href="#Page_500">500</a>; § 25, <a href="#Page_501">501</a>;</li> + +<li>E. § 1 (3), <a href="#Page_518">518</a>; § 2, <a +href="#Page_518">518</a>; § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>; § 3 (3); § 4, <a +href="#Page_558">558</a>; § 26, <a href="#Page_568">568</a>;</li> + +<li>Au. § 4, <a href="#Page_480">480</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_637">637</a>, +<a href="#Page_649">649</a>;</li> + +<li>acts, <a href="#Page_27">27</a>, <a href="#Page_246">246</a>.</li> + +<li><i>See also</i> Architecture, Artistic work.</li></ul></li> + +<li>Seal of copr. office, <a href="#Page_141">141</a>, +<a href="#Page_300">300</a>, <a href="#Page_303">303</a>; + +<ul class="IX"><li>§ 52, +<a href="#Page_484">484</a>.</li></ul></li> + +<li>Sealed deposit of author's name, <a href="#Page_420">420</a>, +<a href="#Page_421">421</a>, <a href="#Page_427">427</a>.</li> + +<li>Search warrants, E. <a href="#Page_552">552</a>; + +<ul class="IX"><li>C. § 15, +<a href="#Page_564">564</a>;</li> + +<li>Au. § 52, <a href="#Page_593">593</a>.</li></ul></li> + +<li>Searches, <a href="#Page_306">306</a>, <a href="#Page_309">309</a>; + +<ul class="IX"><li>§ 61, +<a href="#Page_487">487</a>;</li> + +<li>R. § 49, <a href="#Page_509">509</a>;</li> + +<li>Au. § 71, <a href="#Page_600">600</a>.</li></ul></li> + +<li><a name="Page_705" id="Page_705"></a><span class="pagenum">[Pg +705]</span> Secretary of the Treasury, <a href="#Page_121">121</a>, +<a href="#Page_279">279</a>, <a href="#Page_282">282</a>, +<a href="#Page_289">289</a>, <a href="#Page_290">290</a>, +<a href="#Page_513">513</a>; + +<ul class="IX"><li>§ 32, § 33, +<a href="#Page_480">480</a>.</li> + +<li><i>See also</i> Treasury.</li></ul></li> + +<li>Seditions. <i>See</i> Immoral works.</li> + +<li>Seizure, <a href="#Page_22">22</a>, <a href="#Page_196">196</a>, +<a href="#Page_268">268</a>, <a href="#Page_272">272</a>, +<a href="#Page_273">273</a>, <a href="#Page_274">274</a>, +<a href="#Page_279">279</a>, <a href="#Page_282">282</a>, +<a href="#Page_283">283</a>, <a href="#Page_296">296</a>, +<a href="#Page_319">319</a>, <a href="#Page_322">322</a>, +<a href="#Page_328">328</a>, <a href="#Page_329a">329</a>, +<a href="#Page_334">334</a>, <a href="#Page_337">337</a>, +<a href="#Page_389">389</a>, <a href="#Page_409">409</a>, +<a href="#Page_424">424</a>, <a href="#Page_514">514</a>, +<a href="#Page_525">525</a>; + +<ul class="IX"><li>§ 32, +<a href="#Page_480">480</a>;</li> + +<li>E. § 7, § 9, <a href="#Page_523">523</a>; § 11, <a +href="#Page_524">524</a>; § 14, <a href="#Page_525">525</a>, <a +href="#Page_549">549</a>, <a href="#Page_550">550</a>, <a +href="#Page_553">553</a>;</li> + +<li>C. § 9, <a href="#Page_561">561</a>; § 13, <a +href="#Page_562">562</a>; § 14, <a href="#Page_563">563</a>; § 15, <a +href="#Page_564">564</a>; § 21, <a href="#Page_566">566</a>;</li> + +<li>Au. § 49, § 50, <a href="#Page_592">592</a>; § 52, <a +href="#Page_593">593</a>; § 53, <a href="#Page_594">594</a>; § 56, <a +href="#Page_596">596</a>; § 61, <a href="#Page_597">597</a>;</li> + +<li>I. <a href="#Page_616b">616</a>, <a href="#Page_618b">618</a>;</li> + +<li>P. <a href="#Page_640">640</a>, <a href="#Page_652">652</a>.</li> + +<li><i>See also</i> Forfeiture.</li></ul></li> + +<li>Selections. <i>See</i> Extracts, Quotations.</li> + +<li>Sell, right to. <i>See</i> Sale.</li> + +<li>Senate. <i>See</i> Congressional, Ratification, <i>also</i> names of +Senators.</li> + +<li>Serial publication, <a href="#Page_47">47</a>, +<a href="#Page_87">87</a>, <a href="#Page_120"><b>120</b></a>, +<a href="#Page_318">318</a>, <a href="#Page_322">322</a>, +<a href="#Page_328">328</a>, <a href="#Page_439">439</a>; + +<ul class="IX"><li>R. § 6, +<a href="#Page_497">497</a>;</li> + +<li>E. § 15 (7), <a href="#Page_527">527</a>;</li> + +<li>I. <a href="#Page_611b">611</a>;</li> + +<li>P. <a href="#Page_638">638</a>, +<a href="#Page_560">560</a>.</li></ul></li> + +<li>Sermons. <i>See</i> Oral work.</li> + +<li>Servia, <a href="#Page_414"><b>414</b></a>.</li> + +<li>Seymour, E., <a href="#Page_351">351</a>.</li> + +<li>Shadow-trick noncopr., <a href="#Page_242">242</a>.</li> + +<li>Shanghai, <a href="#Page_417">417</a>.</li> + +<li>Share Certificate Book, <i>in re</i> (1908), +<a href="#Page_150">150</a>.</li> + +<li>"Shaughraun" case, <a href="#Page_149">149</a>.</li> + +<li>Sheet, <a href="#Page_69">69</a>, <a href="#Page_70">70</a>, +<a href="#Page_254">254</a>, <a href="#Page_288">288</a>; + +<ul class="IX"><li>R. § 4, +<a href="#Page_496">496</a>;</li> + +<li>E. § 15 (7), <a href="#Page_527">527</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>.</li></ul></li> + +<li>Sheldon, Isaac E., <a href="#Page_350">350</a>.</li> + +<li>Shepard <i>v.</i> Taylor (1911), <a href="#Page_258">258</a>.</li> + +<li>Shepley, J., <a href="#Page_82">82</a>, +<a href="#Page_85">85</a>.</li> + +<li>Sherman, J., bill (1872), <a href="#Page_352">352</a>, +<a href="#Page_363">363</a>.</li> + +<li>Shiras, Justice, <a href="#Page_54">54</a>.</li> + +<li>Shorthand reproduction, <a href="#Page_68">68</a>, +<a href="#Page_70">70</a>, <a href="#Page_254">254</a>.</li> + +<li>Siam, <a href="#Page_42">42</a>, <a href="#Page_62">62</a>, +<a href="#Page_124">124</a>, <a href="#Page_152">152</a>, +<a href="#Page_160">160</a>, <a href="#Page_323">323</a>, +<a href="#Page_417"><b>417</b></a>.</li> + +<li>Signature of artist <a href="#Page_7">7</a>, +<a href="#Page_390">390</a>. + +<ul class="IX"><li><i>See also</i> +Name.</li></ul></li> + +<li>Sierra Leone, <a href="#Page_397">397</a>.</li> + +<li>Similarity, <a href="#Page_173">173</a>, <a href="#Page_255">255</a>, +<a href="#Page_260">260</a>, <a href="#Page_263">263</a>, +<a href="#Page_326">326</a>.</li> + +<li>Simonds, W. E. (1890), <a href="#Page_362">362</a>.</li> + +<li>Simultaneous publication, <a href="#Page_109">109</a>, +<a href="#Page_148">148</a>, <a href="#Page_150">150</a>, +<a href="#Page_160">160</a>, <a href="#Page_327">327</a>, +<a href="#Page_333">333</a>, <a href="#Page_337">337</a>, +<a href="#Page_376">376</a>, <a href="#Page_387">387</a>, +<a href="#Page_393">393</a>; + +<ul class="IX"><li>E. § 35 (3), +<a href="#Page_543">543</a>;</li> + +<li>C. § 2 (3), <a href="#Page_557">557</a>;</li> + +<li>Au. § 5, <a href="#Page_581">581</a>; § 13, § 14, § 15, <a +href="#Page_584">584</a>;</li> + +<li>I. <a href="#Page_607b">607</a>;</li> + +<li>P. <a href="#Page_638">638</a>, <a href="#Page_650">650</a>.</li> + +<li><i>See also</i> First publication.</li></ul></li> + +<li>Singapore, <a href="#Page_395">395</a>.</li> + +<li>Situations, <a href="#Page_171">171</a>, <a href="#Page_173">173</a>, +<a href="#Page_174">174</a>, <a href="#Page_176">176</a>, +<a href="#Page_191">191</a>. + +<ul class="IX"><li><i>See also</i> Dramatic +work.</li></ul></li> + +<li>Sketch, <a href="#Page_136">136</a>, <a href="#Page_152">152</a>, +<a href="#Page_176">176</a>, <a href="#Page_248">248</a>, +<a href="#Page_250">250</a>, <a href="#Page_264">264</a>, +<a href="#Page_326">326</a>, <a href="#Page_333">333</a>, +<a href="#Page_376">376</a>; + +<ul class="IX"><li>E. § 2, +<a href="#Page_518">518</a>;</li> + +<li>C. § 4, <a href="#Page_558">558</a>;</li> + +<li>I. <a href="#Page_604b">604</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_637">637</a>, +<a href="#Page_649">649</a>.</li> + +<li><i>See also</i> Artistic, Dramatic, Musical work.</li></ul></li> + +<li>Slater, J. H., <a href="#Page_233">233</a>, +<a href="#Page_458">458</a>.</li> + +<li>Sleight-of-hand, not dramatic work, <a href="#Page_163">163</a>; + +<ul class="IX"><li>R. § 8, +<a href="#Page_497">497</a>.</li></ul></li> + +<li>"Sleuth" cases, <a href="#Page_261">261</a>.</li> + +<li>Slingsby <i>v.</i> Bradford Co. (1905), +<a href="#Page_258">258</a>.</li> + +<li>Smithsonian Institution, <a href="#Page_36">36</a>, +<a href="#Page_301">301</a>.</li> + +<li>Smoot, Senator, bill (1907-08, '09), <a href="#Page_370">370</a>, +<a href="#Page_371">371</a>.</li> + +<li>Snow <i>v.</i> Laird (1900), <a href="#Page_245">245</a>.</li> + +<li>Snow <i>v.</i> Mast (1895), <a href="#Page_130">130</a>.</li> + +<li>Social Register Association <i>v.</i> Howard (1894), +<a href="#Page_262">262</a>.</li> + +<li><i>Société des gens de lettres</i>, <a href="#Page_314">314</a>.</li> + +<li><i>Société des gens de lettres</i> v. <i>Egyptian Gazette</i> (1889), +<a href="#Page_419">419</a>.</li> + +<li>Società Italiana d. Autori <i>v.</i> Gramophone Co. of London (1906), +<a href="#Page_213">213</a>.</li> + +<li>Societies, importation by, <a href="#Page_281">281</a>, +<a href="#Page_290">290</a>; + +<ul class="IX"><li>§ 31 (d), +<a href="#Page_479">479</a>;</li> + +<li>C. § 17, <a href="#Page_565">565</a>.</li> + +<li><i>See also</i> Publications of.</li></ul></li> + +<li>Solberg, Thorvald, <a href="#Page_308">308</a>, +<a href="#Page_324">324</a>, <a href="#Page_366">366</a>, +<a href="#Page_367">367</a>, <a href="#Page_453">453</a>, +<a href="#Page_455">455</a>. + +<ul class="IX"><li><i>See also</i> Register +of copyrights.</li></ul></li> + +<li>Songs, <a href="#Page_71">71</a>, <a href="#Page_82">82</a>, +<a href="#Page_86">86</a>, <a href="#Page_163">163</a>, +<a href="#Page_167">167</a>, <a href="#Page_168">168</a>, +<a href="#Page_175">175</a>, <a href="#Page_176">176</a>, +<a href="#Page_191">191</a>, <a href="#Page_206">206</a>, +<a href="#Page_208">208</a>; + +<ul class="IX"><li>R. § 4, <a href="#Page_496">496</a>; § 9, <a +href="#Page_497">497</a>; § 10, <a href="#Page_498">498</a>.</li> + +<li><i>See also</i> Dramatic, Dramatico-musical, Lyrical +work.</li></ul></li> + +<li>Sosius brothers, <a href="#Page_8">8</a>.</li> + +<li>Source, acknowledgement of, <a href="#Page_322">322</a>, +<a href="#Page_328">328</a>, <a href="#Page_333">333</a>, +<a href="#Page_337">337</a>; + +<ul class="IX"><li>I. +<a href="#Page_612b">612</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_639">639</a>, +<a href="#Page_651">651</a>.</li></ul></li> + +<li>Sousa, <a href="#Page_220">220</a>.</li> + +<li>South African Union, <a href="#Page_321">321</a>, +<a href="#Page_375">375</a>, <a href="#Page_381">381</a>, +<a href="#Page_382">382</a>, <a href="#Page_396">396</a>; + +<ul class="IX"><li>E. § 35, +<a href="#Page_543">543</a>.</li> + +<li><i>See also</i> British Empire.</li></ul></li> + +<li>South America. <i>See</i> Latin America.</li> + +<li>South Australia. <i>See</i> Australia.</li> + +<li>South Carolina copr. legislation, <a href="#Page_35">35</a>.</li> + +<li>Southey <i>v.</i> Sherwood (1817), <a href="#Page_86">86</a>.</li> + +<li>Spain, <a href="#Page_62">62</a>, <a href="#Page_94">94</a>, +<a href="#Page_112">112</a>, <a href="#Page_124">124</a>, +<a href="#Page_152">152</a>, <a href="#Page_198">198</a>, +<a href="#Page_317">317</a>, <a href="#Page_318">318</a>, +<a href="#Page_320">320</a>, <a href="#Page_323">323</a>, +<a href="#Page_330">330</a>, <a href="#Page_331">331</a>, +<a href="#Page_410"><b>410</b></a>, <a href="#Page_461">461</a>, +<a href="#Page_489">489</a>, <a href="#Page_636">636</a>.</li> + +<li>Speech. <i>See</i> Oral work.</li> + +<li>Spencer, Herbert, <a href="#Page_50">50</a>, +<a href="#Page_351">351</a>, <a href="#Page_457">457</a>.</li> + +<li>Speyer, J. of, <a href="#Page_13">13</a>.</li> + +<li>Spofford, A. R., <a href="#Page_297">297</a>.</li> + +<li>Sporting tips, noncopr., <a href="#Page_70">70</a>.</li> + +<li>Springer Lith. Co. <i>v.</i> Falk (1894), +<a href="#Page_244">244</a>.</li> + +<li>Stab, Johann, <a href="#Page_11">11</a>.</li> + +<li>Stage effects, <a href="#Page_162">162</a>, +<a href="#Page_173">173</a>, <a href="#Page_198">198</a>, +<a href="#Page_326">326</a>; + +<ul class="IX"><li>R. § 8, +<a href="#Page_497">497</a>;</li> + +<li>I. <a href="#Page_603b">603</a>.</li> + +<li><i>See also</i> Dramatic, Scenic.</li></ul></li> + +<li><a name="Page_706" id="Page_706"></a><span class="pagenum">[Pg +706]</span> Stall, Dr. Sylvanus, <a href="#Page_288">288</a>.</li> + +<li>Stannard <i>v.</i> Harrison (1871), <a href="#Page_239">239</a>.</li> + +<li>Star Chamber decree, <a href="#Page_21">21</a>.</li> + +<li>Star maps copr., <a href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 11, +<a href="#Page_498">498</a>.</li></ul></li> + +<li>State legislation, <a href="#Page_33">33</a>, +<a href="#Page_35">35</a>, <a href="#Page_39">39</a>, +<a href="#Page_194">194</a>, <a href="#Page_366">366</a>, +<a href="#Page_391">391</a>, <a href="#Page_392">392</a>; + +<ul class="IX"><li>Au. § 4, <a href="#Page_581">581</a>; § 8, <a +href="#Page_582">582</a>; § 12, <a +href="#Page_583">583</a>.</li></ul></li> + +<li>State courts. <i>See</i> Court.</li> + +<li>Stationers' Company, <a href="#Page_15">15</a>, +<a href="#Page_21">21</a>; + +<ul class="IX"><li>Hall, +<a href="#Page_22">22</a>, <a href="#Page_24">24</a>, +<a href="#Page_150">150</a>, <a href="#Page_184">184</a>, +<a href="#Page_189">189</a>, <a href="#Page_190">190</a>, +<a href="#Page_246">246</a>, <a href="#Page_310">310</a>, +<a href="#Page_312">312</a>, <a href="#Page_374">374</a>.</li></ul></li> + +<li>Statistics copr., <a href="#Page_69">69</a>.</li> + +<li>Statue, <a href="#Page_66">66</a>, <a href="#Page_245">245</a>, +<a href="#Page_266">266</a>, <a href="#Page_267">267</a>; + +<ul class="IX"><li>§ 25 (b), +<a href="#Page_476">476</a>;</li> + +<li>Au. § 41, <a href="#Page_590">590</a>.</li> + +<li><i>See also</i> Artistic work, Sculpture.</li></ul></li> + +<li>Statute law, <a href="#Page_2">2</a>, <a href="#Page_6">6</a>, +<a href="#Page_7">7</a>, <a href="#Page_22">22</a>, +<a href="#Page_24">24-41</a>. + +<ul class="IX"><li><i>See also</i> specific +references, Anne, Common law, etc.</li></ul></li> + +<li>Statute law revision act, <a href="#Page_27">27</a>.</li> + +<li>Statutory forms, copr., <a href="#Page_69">69</a>.</li> + +<li>Stedman, E. C., <a href="#Page_348">348</a>, +<a href="#Page_359">359</a>.</li> + +<li>Stephen, Sir James, <a href="#Page_30">30</a>, +<a href="#Page_183">183</a>, <a href="#Page_455">455</a>, +<a href="#Page_456">456</a>, <a href="#Page_459">459</a>.</li> + +<li>Stereotype, E. § 35 (1), <a href="#Page_543">543</a>; + +<ul class="IX"><li>C. § 2, +<a href="#Page_556">556</a>.</li> + +<li><i>See also</i> Plates.</li></ul></li> + +<li>Stern <i>v.</i> Remick (1910), <a href="#Page_127">127</a>, +<a href="#Page_130">130</a>.</li> + +<li>Stern <i>v.</i> Rosey (1901), <a href="#Page_205">205</a>.</li> + +<li>Steuart, Arthur, <a href="#Page_46">46</a>, +<a href="#Page_371">371</a>.</li> + +<li>Stevens <i>v.</i> Benning (1854), <a href="#Page_444">444</a>.</li> + +<li>Stevenson, Archer, <a href="#Page_350">350</a>.</li> + +<li>Stone, E. § 35 (1), <a href="#Page_543">543</a>; + +<ul class="IX"><li>C. § 2, +<a href="#Page_556">556</a>.</li> + +<li><i>See also</i> Lithographs, Plates.</li></ul></li> + +<li>Stone <i>v.</i> Long (1903), <a href="#Page_442">442</a>.</li> + +<li>Storm, J. B., <a href="#Page_350">350</a>.</li> + +<li>Story, J., <a href="#Page_92">92</a>, +<a href="#Page_252">252</a>.</li> + +<li>Story <i>v.</i> Holcombe (1847), <a href="#Page_81">81</a>.</li> + +<li>Stowe <i>v.</i> Thomas (1853), <a href="#Page_77">77</a>.</li> + +<li>Straits Settlements, <a href="#Page_395">395</a>.</li> + +<li>Strasburg, <a href="#Page_11">11</a>.</li> + +<li>Straus <i>v.</i> American Pub. Assoc. (1904, '08), +<a href="#Page_57">57</a>.</li> + +<li>Structure noncopr., E. § 35, <a href="#Page_542">542</a>; + +<ul class="IX"><li>C. § 2, +<a href="#Page_555">555</a>; § 10, <a href="#Page_562">562</a>.</li> + +<li><i>See also</i> Architecture, works of.</li></ul></li> + +<li>Subject-matter of copr., <a href="#Page_12">12</a>, +<a href="#Page_63"><b>63-94</b></a>, <a href="#Page_223">223</a>, +<a href="#Page_224">224</a>, <a href="#Page_318">318</a>, +<a href="#Page_321">321</a>, <a href="#Page_326">326</a>, +<a href="#Page_379">379</a>, <a href="#Page_387">387</a>, +<a href="#Page_392">392</a>; + +<ul class="IX"><li>§§ 4-7, +<a href="#Page_467">467</a>, <a href="#Page_468">468</a>;</li> + +<li>R. §§ 4-16, <a href="#Page_496">496-99</a>;</li> + +<li>E. § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>;</li> + +<li>I. <a href="#Page_603b">603-06</a>, <a href="#Page_610b">610</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_637">637</a>, +<a href="#Page_649">649</a>.</li></ul></li> + +<li>Subject. <i>See</i> Citizenship, Foreign, Residence.</li> + +<li>Subsisting copr. <i>See</i> Existing copr., Extension, Renewal, +Term.</li> + +<li>Substantial importance, <a href="#Page_73">73</a>.</li> + +<li>Substituted rights. <i>See</i> Rights, Schedules.</li> + +<li>Substitution of name. <i>See</i> Name, Notice.</li> + +<li>Sugden, Sir E., <a href="#Page_445">445</a>.</li> + +<li>Suits, <a href="#Page_24">24</a>, <a href="#Page_26">26</a>, +<a href="#Page_36">36</a>, <a href="#Page_46">46</a>, +<a href="#Page_122">122</a>, <a href="#Page_143">143</a>, +<a href="#Page_150">150</a>, <a href="#Page_266">266</a>, +<a href="#Page_269"><b>269-77</b></a>, <a href="#Page_283">283</a>, +<a href="#Page_319">319</a>, <a href="#Page_373">373</a>, +<a href="#Page_374">374</a>, <a href="#Page_386">386</a>, +<a href="#Page_396">396</a>, <a href="#Page_399">399</a>, +<a href="#Page_416">416</a>, <a href="#Page_438">438</a>, +<a href="#Page_491"><b>491-94</b></a>; + +<ul class="IX"><li>§ 12, <a href="#Page_470">470</a>; § 27, <a +href="#Page_477">477</a>; §§ 34-40, <a href="#Page_481">481-82</a>; § 63, +<a href="#Page_488">488</a>;</li> + +<li>R. § 3, <a href="#Page_495">495</a>;</li> + +<li>E. § 7, <a href="#Page_523">523</a>, <a href="#Page_549">549</a>, +<a href="#Page_552">552</a>;</li> + +<li>Au. § 48, <a href="#Page_592">592</a>; § 74, <a +href="#Page_600">600</a>;</li> + +<li>I. <a href="#Page_607b">607</a>, <a href="#Page_617b">617</a>.</li> + +<li><i>See also</i> Costs, Damages, Infringement, Limitation, Penalties, +Punishment, Remedies, etc.</li></ul></li> + +<li>Sulzer, W., bill (1908, '09), <a href="#Page_370">370</a>.</li> + +<li>Summary proceedings, E. §§ 11-13, <a href="#Page_524">524-25</a>, +<a href="#Page_549">549</a>; + +<ul class="IX"><li>C. § 13, +<a href="#Page_562">562</a>;</li> + +<li>Au. §§ 45-61, <a href="#Page_591">591-98</a>.</li> + +<li><i>See also</i> Penalties, Remedies, Seizure.</li></ul></li> + +<li>Sumner, C., <a href="#Page_347">347</a>.</li> + +<li>Sumner, T. H., <a href="#Page_38">38</a>, +<a href="#Page_121">121</a>.</li> + +<li>Superintendent of pub. docs., <a href="#Page_300">300</a>, +<a href="#Page_305">305</a>; + +<ul class="IX"><li>§ 57, +<a href="#Page_485">485</a>.</li></ul></li> + +<li>Suppression of books, Au. § 77, <a href="#Page_601">601</a>. + +<ul class="IX"><li><i>See also</i> License, +Republish.</li></ul></li> + +<li>Supreme Court, U. S. <i>See</i> Court jurisdiction, Regulations.</li> + +<li>Sweden, <a href="#Page_112">112</a>, <a href="#Page_124">124</a>, +<a href="#Page_200">200</a>, <a href="#Page_248">248</a>, +<a href="#Page_316">316</a>, <a href="#Page_317">317</a>, +<a href="#Page_321">321</a>, <a href="#Page_323">323</a>, +<a href="#Page_330">330</a>, <a href="#Page_340">340</a>, +<a href="#Page_368">368</a>, <a href="#Page_407"><b>407</b></a>, +<a href="#Page_490">490</a>.</li> + +<li>Sweet <i>v.</i> Cater (1841), <a href="#Page_444">444</a>.</li> + +<li>Swift, <a href="#Page_23">23</a>, <a href="#Page_92">92</a>.</li> + +<li>Switzerland, <a href="#Page_111">111</a>, <a href="#Page_124">124</a>, +<a href="#Page_199">199</a>, <a href="#Page_214">214</a>, +<a href="#Page_316">316</a>, <a href="#Page_317">317</a>, +<a href="#Page_318">318</a>, <a href="#Page_320">320</a>, +<a href="#Page_323">323</a>, <a href="#Page_330">330</a>, +<a href="#Page_406"><b>406</b></a>, <a href="#Page_489">489</a>; + +<ul class="IX"><li>I. +<a href="#Page_622b">622</a>.</li></ul></li> + +<li>Synopsis, insufficient, R. § 18, <a href="#Page_500">500</a>. + +<ul class="IX"><li><i>See also</i> +Abridgment.</li></ul></li> + +<li>System. <i>See</i> Arrangement, Schemes.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_T"></a><i>Tableaux vivants</i>, +<a href="#Page_162">162</a>, <a href="#Page_241"><b>241</b></a>; + +<ul class="IX"><li>R. § 8, +<a href="#Page_497">497</a>.</li></ul></li> + +<li>Tabulations, <a href="#Page_69">69</a>, <a href="#Page_70">70</a>; + +<ul class="IX"><li>R. § 4, +<a href="#Page_496">496</a>;</li> + +<li>E. § 15 (7), <a href="#Page_527">527</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>; § 3 (2), <a +href="#Page_558">558</a>.</li></ul></li> + +<li>Talfourd, Serjeant, <a href="#Page_28">28</a>, +<a href="#Page_456">456</a>.</li> + +<li>Tariff. <i>See</i> Customs.</li> + +<li>Tasmania, <a href="#Page_381">381</a>. + +<ul class="IX"><li><i>See also</i> +Australia.</li></ul></li> + +<li>Tate <i>v.</i> Fullbrook (1908), <a href="#Page_176">176</a>.</li> + +<li>Tauchnitz series, <a href="#Page_293">293</a>.</li> + +<li>Taylor <i>v.</i> Pillow (1869), <a href="#Page_446">446</a>.</li> + +<li>Taxation, <a href="#Page_47">47</a>, <a href="#Page_452">452</a>.</li> + +<li>Telegraph codes, <a href="#Page_70">70</a>; + +<ul class="IX"><li>messages, +<a href="#Page_88">88</a>, <a href="#Page_93">93</a>, +<a href="#Page_94">94</a>, <a href="#Page_124">124</a>, +<a href="#Page_394">394</a>, <a href="#Page_396">396</a>, +<a href="#Page_406">406</a>, <a href="#Page_410">410</a>.</li></ul></li> + +<li>Temporary copr., <a href="#Page_387">387-90</a>; + +<ul class="IX"><li>C. § 23, +<a href="#Page_568">568</a>.</li> + +<li><i>See also</i> Interim.</li></ul></li> + +<li>Terence, <a href="#Page_8">8</a>.</li> + +<li>Term, <a href="#Page_7">7</a>, <a href="#Page_35">35</a>, +<a href="#Page_51">51</a>, <a href="#Page_114"><b>114-24</b></a>, +<a href="#Page_134">134</a>, <a href="#Page_180">180</a>; + +<ul class="IX"><li>§ 9, <a href="#Page_469">469</a>; § 23, <a +href="#Page_474">474</a>; § 24, <a href="#Page_475">475</a>;</li> + +<li>anonymous and pseudonymous works, <a href="#Page_101">101</a>, <a +href="#Page_328">328</a>; + +<ul class="IX"><li><a name="Page_707" +id="Page_707"></a><span class="pagenum">[Pg 707]</span>I. <a +href="#Page_610b">610</a>;</li></ul></li> + +<li>artistic work, <a href="#Page_230">230</a>, <a +href="#Page_245">245-49</a>, <a href="#Page_374">374-429</a>; + +<ul class="IX"><li>Au. § 36, <a +href="#Page_590">590</a>;</li></ul></li> + +<li>collective work; + +<ul class="IX"><li>C. § 30, <a href="#Page_569">569</a>;</li></ul></li> + +<li>commencement, <a href="#Page_119">119</a>, <a +href="#Page_120">120</a>, <a href="#Page_318">318</a>, <a +href="#Page_333">333</a>, <a href="#Page_377">377</a>; + +<ul class="IX"><li>§ 9, <a +href="#Page_469">469</a>;</li> + +<li>E. § 19, <a href="#Page_529">529</a>;</li> + +<li>C. § 31, <a href="#Page_570">570</a>;</li> + +<li>Au. § 16, <a href="#Page_585">585</a>;</li> + +<li>I. <a href="#Page_611a">611</a>;</li> + +<li>P. <a href="#Page_638">638</a>, <a +href="#Page_650">650</a>;</li></ul></li> + +<li>dramatic and musical, <a href="#Page_183">183</a>, <a +href="#Page_188">188</a>, <a href="#Page_200">200</a>;</li> + +<li>dramatization, <a href="#Page_58">58</a>, <a +href="#Page_169">169</a>;</li> + +<li>early provisions, <a href="#Page_11">11-19</a>, <a +href="#Page_24">24</a>, <a href="#Page_27">27</a>, <a +href="#Page_28">28</a>, <a href="#Page_35">35</a>;</li> + +<li>government publications, <a href="#Page_123">123</a>, <a +href="#Page_377">377</a>, <a href="#Page_398">398</a>, <a +href="#Page_410">410</a>, <a href="#Page_412">412</a>, <a +href="#Page_420">420</a>; + +<ul class="IX"><li>E. § 18, <a +href="#Page_529">529</a>;</li></ul></li> + +<li>in British Dominions, <a href="#Page_33">33</a>, <a +href="#Page_121">121-23</a>, <a href="#Page_373">373-97</a>; + +<ul class="IX"><li>E. § 3, <a +href="#Page_520">520</a>;</li> + +<li>C. § 5, <a href="#Page_559">559</a>;</li> + +<li>Au. § 17, <a href="#Page_585">585</a>; § 35, <a +href="#Page_591">591</a>;</li></ul></li> + +<li>in other countries, <a href="#Page_121">121</a>, <a +href="#Page_122">122</a>, <a href="#Page_398">398-429</a>;</li> + +<li>interim protection, <a href="#Page_146">146</a>; + +<ul class="IX"><li>§ 21, § <a +href="#Page_22">22</a>;</li> + +<li>R. § <a href="#Page_28">28</a>;</li></ul></li> + +<li>international, <a href="#Page_124">124</a>, <a +href="#Page_188">188</a>, <a href="#Page_318">318</a>, <a +href="#Page_327">327</a>, <a href="#Page_328">328</a>, <a +href="#Page_329a">329</a>, <a href="#Page_331">331</a>, <a +href="#Page_333">333</a>, <a href="#Page_335">335</a>, <a +href="#Page_337">337</a>; + +<ul class="IX"><li>E. § 29, <a +href="#Page_539">539</a>;</li> + +<li>C. § 35, <a href="#Page_573">573</a>;</li> + +<li>I. <a href="#Page_607b">607</a>, <a href="#Page_609b">609</a>, <a +href="#Page_631b">631</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_638">638</a>, <a +href="#Page_644">644</a>, <a href="#Page_650">650</a>;</li></ul></li> + +<li>joint authors, <a href="#Page_120">120</a>, <a +href="#Page_122">122</a>, <a href="#Page_137">137</a>, <a +href="#Page_188">188</a>, <a href="#Page_377">377</a>, <a +href="#Page_387">387</a>; + +<ul class="IX"><li>E. § 16, <a +href="#Page_528">528</a>;</li> + +<li>C. § 29, <a href="#Page_569">569</a>;</li> + +<li>Au. § 17, <a href="#Page_585">585</a>;</li></ul></li> + +<li>limitation of assignments, <a href="#Page_61">61</a>, <a +href="#Page_113">113</a>, <a href="#Page_377">377</a>, <a +href="#Page_378">378</a>; + +<ul class="IX"><li>E. § 5, <a +href="#Page_521">521</a>; § 24, <a href="#Page_534">534</a>;</li> + +<li>C. § 7, <a href="#Page_560">560</a>; § 33, <a +href="#Page_571">571</a>;</li></ul></li> + +<li>oral work, <a href="#Page_119">119</a>, <a +href="#Page_401">401</a>;</li> + +<li>periodical contributions, <a href="#Page_28">28</a>, <a +href="#Page_104">104</a>, <a href="#Page_115">115</a>; + +<ul class="IX"><li>§ 23, <a +href="#Page_474">474</a>;</li></ul></li> + +<li>photographs, <a href="#Page_122">122</a>, <a href="#Page_247">247</a>, +<a href="#Page_248">248</a>, <a href="#Page_328">328</a>, <a +href="#Page_377">377</a>, <a href="#Page_394">394</a>, <a +href="#Page_403">403</a>, <a href="#Page_406">406</a>, <a +href="#Page_407">407</a>, <a href="#Page_409">409</a>, <a +href="#Page_416">416</a>, <a href="#Page_417">417</a>; + +<ul class="IX"><li>E. § 21, <a +href="#Page_533">533</a>;</li> + +<li>C. § 31, <a href="#Page_570">570</a>;</li> + +<li>I. <a href="#Page_610b">610</a>;</li></ul></li> + +<li>posthumous work, <a href="#Page_122">122</a>, <a +href="#Page_328">328</a>, <a href="#Page_377">377</a>; + +<ul class="IX"><li>§ 23, <a +href="#Page_474">474</a>;</li> + +<li>E. § 17, <a href="#Page_529">529</a>;</li> + +<li>C. § 28, <a href="#Page_569">569</a>;</li> + +<li>Au. § 17, <a href="#Page_585">585</a>;</li> + +<li>I. <a href="#Page_610b">610</a>;</li></ul></li> + +<li>mechanical records; + +<ul class="IX"><li>E. § 19, <a +href="#Page_529">529</a>;</li> + +<li>C. § 31, <a href="#Page_570">570</a>;</li></ul></li> + +<li>subsisting works, <a href="#Page_377">377</a>; + +<ul class="IX"><li>E. § 24, <a +href="#Page_534">534</a>;</li></ul></li> + +<li>successive parts, <a href="#Page_120">120</a>, <a +href="#Page_318">318</a>, <a href="#Page_333">333</a>; + +<ul class="IX"><li>I. <a +href="#Page_610b">610</a>;</li> + +<li>P. <a href="#Page_638">638</a>, <a +href="#Page_650">650</a>;</li></ul></li> + +<li>translation, <a href="#Page_58">58</a>, <a href="#Page_78">78</a>, <a +href="#Page_318">318</a>; + +<ul class="IX"><li>Au. § 30, <a +href="#Page_588">588</a>;</li> + +<li>I. <a href="#Page_610b">610</a>;</li></ul></li> + +<li>unpublished work, <a href="#Page_119">119</a>, <a +href="#Page_179">179</a>, <a href="#Page_180">180</a>, <a +href="#Page_230">230</a>.</li> + +<li><i>See also</i> Extension, +Notice, Perpetuity, Renewal.</li></ul></li> + +<li>Theatre, unlawful use, <a href="#Page_193">193</a>, +<a href="#Page_394">394</a>; + +<ul class="IX"><li>E. § 2, +<a href="#Page_520">520</a>;</li> + +<li>C. § 4, <a href="#Page_559">559</a>;</li> + +<li>Au. § 51, <a href="#Page_593">593</a>.</li> + +<li><i>See also</i> Dramatic work, Infringement, party liable, +License.</li></ul></li> + +<li>Thomas <i>v.</i> Lennon (1883), <a href="#Page_187">187</a>.</li> + +<li>Thompson <i>v.</i> Amer. Law Bk. Co. (1903), +<a href="#Page_258">258</a>.</li> + +<li>Thompson <i>v.</i> Stanhope (1774), <a href="#Page_92">92</a>.</li> + +<li>Thornton, Sir E., <a href="#Page_349">349</a>, +<a href="#Page_356">356</a>.</li> + +<li>Thring, G. H., <a href="#Page_457">457</a>.</li> + +<li>Ticker tape news, <a href="#Page_89">89</a>.</li> + +<li>Ticket, railway, noncopr., <a href="#Page_70">70</a>.</li> + +<li>Tillinghast, J. L., <a href="#Page_346">346</a>.</li> + +<li>Time-tables copr., <a href="#Page_70">70</a>.</li> + +<li><i>Times</i> (London) case, <a href="#Page_90">90</a>.</li> + +<li><i>Times</i> (N. Y.), Peary copr., <a href="#Page_89">89</a>, +<a href="#Page_102">102</a>.</li> + +<li>Tinsley <i>v.</i> Lacy (1863), <a href="#Page_173">173</a>.</li> + +<li>Title, <a href="#Page_12">12</a>, <a href="#Page_82"><b>82</b></a>, +<a href="#Page_86">86</a>, <a href="#Page_88">88</a>, +<a href="#Page_94">94</a>, <a href="#Page_138">138</a>, +<a href="#Page_171">171</a>, <a href="#Page_173">173</a>, +<a href="#Page_191"><b>191</b></a>, <a href="#Page_260">260</a>, +<a href="#Page_261"><b>261</b></a>, <a href="#Page_416">416</a>, +<a href="#Page_428">428</a>; + +<ul class="IX"><li>conformity of, +<a href="#Page_137">137</a>, <a href="#Page_192">192</a>, +<a href="#Page_261">261</a>; + +<ul class="IX"><li>R. § 29, <a href="#Page_502">502</a>;§ 30, <a +href="#Page_503">503</a>;</li></ul></li> + +<li>registration, <a href="#Page_37">37</a>, <a href="#Page_86">86</a>, +<a href="#Page_136">136</a>, <a href="#Page_304">304</a>, +<a href="#Page_390">390</a>, <a href="#Page_396">396</a>; + +<ul class="IX"><li>§ 55, <a href="#Page_484">484</a>;</li> + +<li>R. § 30, <a href="#Page_503">503</a>.</li></ul></li> + +<li><i>See also</i> Ownership.</li></ul></li> + +<li>Title abstracts copr., <a href="#Page_69">69</a>.</li> + +<li>Topographic charts. <i>See</i> Maps.</li> + +<li>Toole <i>v.</i> Young (1874), <a href="#Page_172">172</a>.</li> + +<li>Tools noncopr., <a href="#Page_72">72</a>, +<a href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 12, +<a href="#Page_498">498</a>.</li></ul></li> + +<li>Toy noncopr., <a href="#Page_172">172</a>, +<a href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 12, +<a href="#Page_498">498</a>;</li> + +<li>soldiers, protected, <a href="#Page_247">247</a>.</li></ul></li> + +<li>Trade-mark, <a href="#Page_75">75</a>, <a href="#Page_99">99</a>, +<a href="#Page_223">223</a>, <a href="#Page_237">237</a>, +<a href="#Page_263">263</a>, <a href="#Page_386">386</a>; + +<ul class="IX"><li>R. § 16, +<a href="#Page_499">499</a>;</li> + +<li>acts, <a href="#Page_40">40</a>, <a href="#Page_83">83</a>; + +<ul class="IX"><li>C. § 32, <a href="#Page_570">570</a>;</li></ul></li> + +<li>title as, <a href="#Page_83">83</a>, <a href="#Page_88">88</a>.</li> + +<li><i>See also</i> Title.</li></ul></li> + +<li>Trade name, <a href="#Page_102">102</a>; + +<ul class="IX"><li>R. § 24, +<a href="#Page_501">501</a>.</li></ul></li> + +<li>Trading stamps noncopr., <a href="#Page_70">70</a>.</li> + +<li>Transcriptions, <a href="#Page_45">45</a>, +<a href="#Page_169">169</a>, <a href="#Page_170">170</a>, +<a href="#Page_198">198</a>. + +<ul class="IX"><li><i>See also</i> Musical +work.</li></ul></li> + +<li>Transfer of copr. <i>See</i> Assignment, Ownership; <i>also</i> +Lithograph.</li> + +<li>Translate, right to, <a href="#Page_42">42</a>, +<a href="#Page_45">45</a>, <a href="#Page_47">47</a>, +<a href="#Page_58"><b>58</b></a>, <a href="#Page_61">61</a>, +<a href="#Page_78">78</a>, <a href="#Page_124">124</a>, +<a href="#Page_146">146</a>, <a href="#Page_170">170</a>, +<a href="#Page_322">322</a>, <a href="#Page_328">328</a>, +<a href="#Page_333">333</a>, <a href="#Page_392">392</a>, +<a href="#Page_417">417</a>; + +<ul class="IX"><li>§ 1 (b), +<a href="#Page_465">465</a>;</li> + +<li>E. § 1, <a href="#Page_518">518</a>; § 29, <a +href="#Page_539">539</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>; § 30, § 31, <a +href="#Page_588">588</a>;</li> + +<li>I. <a href="#Page_605a">605</a>, <a href="#Page_610b">610</a>, +<a href="#Page_612a">612</a>, <a href="#Page_620a">620</a>;</li> + +<li>P. <a href="#Page_633">633</a>, <a href="#Page_634">634</a>, +<a href="#Page_637">637</a>, <a href="#Page_639">639</a>, +<a href="#Page_649">649</a>, <a href="#Page_650">650</a>;</li> + +<li>British limitation, <a href="#Page_78">78</a>;</li> + +<li>in other countries, <a href="#Page_398">398-429</a>.</li></ul></li> + +<li>Translations, <a href="#Page_29">29</a>, <a href="#Page_64">64</a>, +<a href="#Page_77"><b>77-80</b></a>, <a href="#Page_155">155</a>, +<a href="#Page_159">159</a>, <a href="#Page_288">288</a>, +<a href="#Page_318">318</a>, <a href="#Page_319">319</a>, +<a href="#Page_321">321</a>, <a href="#Page_326">326</a>, +<a href="#Page_333">333</a>, <a href="#Page_337">337</a>, +<a href="#Page_438">438</a>; + +<ul class="IX"><li>§ 6, +<a href="#Page_468">468</a>;</li> + +<li>E. § 1 (2), <a href="#Page_518">518</a>;</li> + +<li>C. § 35, <a href="#Page_573">573</a>;</li> + +<li>Au. § 28, <a href="#Page_587">587</a>; § 29, <a +href="#Page_588">588</a>;</li> + +<li>I. <a href="#Page_604b">604</a>, <a href="#Page_613b">613</a>;</li> + +<li>P. <a href="#Page_634">634</a>, <a href="#Page_639">639</a>, +<a href="#Page_650">650</a>;</li> + +<li>in other countries, <a href="#Page_78">78</a>, +<a href="#Page_397">397-429</a>.</li> + +<li><i>See also</i> Dramatization, Foreign works, Notice of +reservation.</li></ul></li> + +<li>Transpositions, <a href="#Page_170">170</a>, +<a href="#Page_198">198</a>, <a href="#Page_392">392</a>; + +<ul class="IX"><li>R. § 10, +<a href="#Page_170">170</a>;</li> + +<li>Au. § 13, <a href="#Page_584">584</a>.</li> + +<li><i>See also</i> Musical work.</li></ul></li> + +<li>Transvaal, <a href="#Page_160">160</a>, +<a href="#Page_397"><b>397</b></a>. + +<ul class="IX"><li><i>See also</i> South +African Union.</li></ul></li> + +<li>Treasury decisions, <a href="#Page_168">168</a>, +<a href="#Page_283">283-88</a>, <a href="#Page_291">291</a>. + +<ul class="IX"><li><i>See also</i> +Regulations, Secretary of the Treasury.</li></ul></li> + +<li>Treaties, <a href="#Page_111">111</a>, <a href="#Page_202">202</a>, +<a href="#Page_295">295</a>, <a href="#Page_312">312</a>, +<a href="#Page_313">313</a>, <a href="#Page_319">319</a>, +<a href="#Page_329a">329</a>, <a href="#Page_339">339</a>, +<a href="#Page_347">347</a>, <a href="#Page_349">349</a>; + +<ul class="IX"><li>§ 1 (e), +<a href="#Page_466">466</a>;</li> + +<li>I. <a href="#Page_620b">620</a>.</li> + +<li><i>See also</i> International conventions, Proclamations, names of +countries.</li></ul></li> + +<li>Tree <i>v.</i> Bowkett (1896), <a href="#Page_174">174</a>.</li> + +<li>Trengrouse <i>v.</i> "Sol" Syndicate (1901), +<a href="#Page_254">254</a>.</li> + +<li><a name="Page_708" id="Page_708"></a><span class="pagenum">[Pg +708]</span> Trevers, Peter, <a href="#Page_21">21</a>.</li> + +<li>Tribonian, <a href="#Page_8">8</a>.</li> + +<li>"Trilby" cases, <a href="#Page_82">82</a>, +<a href="#Page_171">171</a>, <a href="#Page_174">174</a>.</li> + +<li>Trinidad, <a href="#Page_391">391</a>.</li> + +<li>Trinity College. <i>See</i> University deposit.</li> + +<li>Trotting records copr., <a href="#Page_70">70</a>.</li> + +<li>Tucker, J. R., bill (1886), <a href="#Page_359">359</a>.</li> + +<li>Tunis, <a href="#Page_198">198</a>, <a href="#Page_214">214</a>, +<a href="#Page_316">316</a>, <a href="#Page_318">318</a>, +<a href="#Page_320">320</a>, <a href="#Page_323">323</a>, +<a href="#Page_330">330</a>, <a href="#Page_397">397</a>, +<a href="#Page_398">398</a>, <a href="#Page_418"><b>418</b></a>.</li> + +<li>Turkey, <a href="#Page_415">415</a>.</li> + +<li>Turner <i>v.</i> Robinson (1860), <a href="#Page_232">232</a>.</li> + +<li>Twain, Mark, <i>see</i> Clemens, S. L.</li> + +<li>Type, forms of, noncopr., <a href="#Page_224">224</a>; + +<ul class="IX"><li>R. § 16, +<a href="#Page_499">499</a>.</li></ul></li> + +<li>Type-setting. <i>See</i> Manufacturing provisions.</li> + +<li>Typewritten deposit, <a href="#Page_143">143</a>; + +<ul class="IX"><li>R. § 18, +<a href="#Page_499">499</a>;</li> + +<li>C. § 26, <a href="#Page_568">568</a>.</li></ul></li> + +<li>Typographical unions, <a href="#Page_156">156</a>, +<a href="#Page_158">158</a>, <a href="#Page_358">358</a>, +<a href="#Page_361">361</a>, <a href="#Page_363">363</a>.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_U"></a>Unauthorized publication. <i>See</i> Consent, +Infringement, Seizure, etc.</li> + +<li>Uncopyrightable matter. <i>See</i> Non-copyright.</li> + +<li>Underselling. <i>See</i> Price, limitation of.</li> + +<li>Unfair competition, <a href="#Page_85">85</a>, +<a href="#Page_192">192</a>, <a href="#Page_260">260</a>, +<a href="#Page_262">262</a>, <a href="#Page_263">263</a>. + +<ul class="IX"><li><i>See also</i> Fair use, +Infringement, Title.</li></ul></li> + +<li>United Book Co. <i>See</i> Fraser <i>v.</i> Yack.</li> + +<li>United Dictionary Co. <i>v.</i> Merriam (1908), +<a href="#Page_134">134</a>.</li> + +<li>United States copr. history and laws, <a href="#Page_35">35-41</a>, +<a href="#Page_341">341-72</a>; + +<ul class="IX"><li>scope, +<a href="#Page_42">42-61</a>;</li> + +<li>subject-matter, <a href="#Page_63">63-93</a>;</li> + +<li>ownership, <a href="#Page_95">95-112</a>;</li> + +<li>term, <a href="#Page_114">114-210</a>;</li> + +<li>formalities, <a href="#Page_125">125-50</a>;</li> + +<li>manufacturing provisions, <a href="#Page_153">153-59</a>;</li> + +<li>dramatic and musical, <a href="#Page_162">162-95</a>;</li> + +<li>mechanical reproduction, <a href="#Page_202">202-21</a>;</li> + +<li>artistic, <a href="#Page_222">222-46</a>;</li> + +<li>infringement, <a href="#Page_251">251-64</a>;</li> + +<li>remedies, <a href="#Page_265">265-77</a>;</li> + +<li>importation, <a href="#Page_278">278-92</a>;</li> + +<li>copr. office, <a href="#Page_297">297-310</a>;</li> + +<li>duties, <a href="#Page_288">288-90</a>;</li> + +<li>international, <a href="#Page_112">112</a>, +<a href="#Page_212">212</a>, <a href="#Page_317">317</a>, +<a href="#Page_318">318</a>, <a href="#Page_323">323</a>, +<a href="#Page_324">324</a>, <a href="#Page_325">325</a>, +<a href="#Page_332">332</a>, <a href="#Page_334">334</a>, +<a href="#Page_337">337</a>, <a href="#Page_339">339</a>, +<a href="#Page_420">420</a>;</li> + +<li>internat. movement, <a href="#Page_341">341-72</a>;</li> + +<li>literature, <a href="#Page_453">453-56</a>;</li> + +<li>code of 1909, <a href="#Page_465">465-88</a>;</li> + +<li>proclamations, <a href="#Page_489">489-90</a>;</li> + +<li>Supreme Court rules, <a href="#Page_491">491-94</a>;</li> + +<li>Copr. Office regulations, <a href="#Page_495">495-510</a>;</li> + +<li>Application form, <a href="#Page_511">511-12</a>;</li> + +<li>Treasury and P. O. regulations, <a href="#Page_513">513-16</a>.</li> + +<li><i>See also</i> Constitution, Court jurisdiction, Regulations and +specific subjects.</li></ul></li> + +<li>University copr., <a href="#Page_24">24</a>, +<a href="#Page_26">26</a>, <a href="#Page_123">123</a>, +<a href="#Page_377">377</a>, <a href="#Page_380">380</a>; + +<ul class="IX"><li>E. § 33, +<a href="#Page_541">541</a>;</li> + +<li>act (1775), <a href="#Page_26">26</a>, <a href="#Page_27">27</a>; + +<ul class="IX"><li>E. § 33, <a href="#Page_541">541</a>;</li></ul></li> + +<li>deposit, <a href="#Page_22">22</a>, <a href="#Page_150">150</a>, +<a href="#Page_151">151</a>, <a href="#Page_374">374</a>, +<a href="#Page_378">378</a>; + +<ul class="IX"><li>E. § 15 (2), (4), <a +href="#Page_527">527</a>;</li></ul></li> + +<li>of Oxford, <a href="#Page_19">19</a>;</li> + +<li>of Padua, <a href="#Page_15">15</a>, <a href="#Page_16">16</a>;</li> + +<li>of Paris, <a href="#Page_9">9</a>, +<a href="#Page_17">17</a>.</li></ul></li> + +<li>Unpublished work, <a href="#Page_4">4</a>, <a href="#Page_25">25</a>, +<a href="#Page_44">44-48</a>, <a href="#Page_61">61</a>, +<a href="#Page_86">86</a>, <a href="#Page_113">113</a>, +<a href="#Page_166">166</a>, <a href="#Page_180">180</a>, +<a href="#Page_187">187</a>, <a href="#Page_225">225</a>, +<a href="#Page_227">227</a>, <a href="#Page_238">238</a>; + +<ul class="IX"><li>§ 2, +<a href="#Page_467">467</a>; § 11, <a href="#Page_470">470</a>;</li> + +<li>R. § 17-21, <a href="#Page_499">499-500</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>deposit, <a href="#Page_144">144</a>, <a href="#Page_226">226</a>, +<a href="#Page_412">412</a>; + +<ul class="IX"><li>§ 11, <a href="#Page_470">470</a>;</li> + +<li>R. § 18-20, <a href="#Page_499">499-500</a>;</li></ul></li> + +<li>dramatic and musical work, <a href="#Page_119">119</a>, +<a href="#Page_165">165</a>, <a href="#Page_179">179</a>, +<a href="#Page_187">187</a>; + +<ul class="IX"><li>I. <a href="#Page_613b">613</a>;</li></ul></li> + +<li>in British Empire, <a href="#Page_61">61</a>, +<a href="#Page_151">151</a>, <a href="#Page_182"><b>182</b></a>, +<a href="#Page_375">375</a>, <a href="#Page_379">379</a>, +<a href="#Page_387">387</a>, <a href="#Page_392">392</a>; + +<ul class="IX"><li>E. § 1, <a href="#Page_517">517</a>; § 16 (2), <a +href="#Page_528">528</a>; § 31, <a href="#Page_541">541</a>; § 35 (4), <a +href="#Page_544">544</a>;</li> + +<li>C. § 2, <a href="#Page_556">556</a>; § 26, <a +href="#Page_568">568</a>;</li> + +<li>Au. § 7, <a href="#Page_582">582</a>;</li></ul></li> + +<li>not asset in bankruptcy, <a href="#Page_452">452</a>;</li> + +<li>registration, <a href="#Page_144">144</a>, +<a href="#Page_145">145</a>, <a href="#Page_179">179</a>; + +<ul class="IX"><li>§ 11, <a href="#Page_470">470</a>;</li> + +<li>R. § 21, <a href="#Page_500">500</a>;</li></ul></li> + +<li>term, <a href="#Page_110">110</a>, <a href="#Page_179">179</a>, +<a href="#Page_230">230</a>;</li> + +<li>title, <a href="#Page_85">85</a>.</li> + +<li><i>See also</i> Manuscript, Oral work.</li></ul></li> + +<li>Unrecognized authorship, <a href="#Page_427">427</a>, +<a href="#Page_428">428</a>.</li> + +<li>Uruguay, <a href="#Page_62">62</a>, <a href="#Page_124">124</a>, +<a href="#Page_323">323</a>, <a href="#Page_331">331</a>, +<a href="#Page_332">332</a>, <a href="#Page_426"><b>426</b></a>.</li> + +<li>Use. <i>See</i> Fair use, Limitation, Private use.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_V"></a>Van Dyke, H., <a href="#Page_360">360</a>, +<a href="#Page_454">454</a>.</li> + +<li>Van Nostrand, D., <a href="#Page_350">350</a>.</li> + +<li>Variations, <a href="#Page_170">170</a>, <a href="#Page_198">198</a>. + +<ul class="IX"><li><i>See also</i> Musical +work; <i>also</i> Title.</li></ul></li> + +<li>Vend, right to. <i>See</i> Sale.</li> + +<li>Venetia imprint, <a href="#Page_16">16</a>.</li> + +<li>Venezuela, <a href="#Page_124">124</a>, <a href="#Page_323">323</a>, +<a href="#Page_429"><b>429</b></a>.</li> + +<li>Venice, <a href="#Page_13">13</a>.</li> + +<li>Verification, unfair use for, <a href="#Page_255">255</a>.</li> + +<li><i>Verlagsrecht, getheiltes</i>, <a href="#Page_46">46</a>.</li> + +<li>Version, right to make, <a href="#Page_42">42</a>, +<a href="#Page_45">45</a>, <a href="#Page_58">58</a>, +<a href="#Page_80">80</a>, <a href="#Page_170">170-73</a>; + +<ul class="IX"><li>§ 1 (b), +<a href="#Page_465">465</a>.</li> + +<li><i>See also</i> Translations, etc.</li></ul></li> + +<li>Vevey literary congress (1901), <a href="#Page_209">209</a>.</li> + +<li>Victor Talking Machine Co. <i>v.</i> The Fair (1903), +<a href="#Page_50">50</a>.</li> + +<li>Victoria, Queen, <a href="#Page_238">238</a>.</li> + +<li>Victoria. <i>See</i> Australia.</li> + +<li>Vienna literary congress (1881), <a href="#Page_314">314</a>.</li> + +<li>Virginia copr. legislation, <a href="#Page_35">35</a>.</li> + +<li>Vocal work. <i>See</i> Dramatico-musical, Musical work.</li> + +<li>Voiding of copr. <i>See</i> Forfeiture.</li> + +<li>Volumes, Separate, <a href="#Page_132"><b>132</b></a>, +<a href="#Page_306">306</a>, <a href="#Page_318">318</a>; + +<ul class="IX"><li>§ 61, +<a href="#Page_488">488</a>;</li> + +<li>I. <a href="#Page_611a">611</a>;</li> + +<li>P. <a href="#Page_638">638</a>, +<a href="#Page_650">650</a>.</li></ul></li> + +<li>Vouchers, <a href="#Page_72">72</a>. + +<ul class="IX"><li><i>See also</i> +Forms.</li></ul></li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_W"></a><a name="Page_709" id="Page_709"></a><span +class="pagenum">[Pg 709]</span> Wage tables copr., +<a href="#Page_70">70</a>; + +<ul class="IX"><li>R. § 4, +<a href="#Page_496">496</a>.</li></ul></li> + +<li>Wagner <i>v.</i> Conried (1903), <a href="#Page_181">181</a>.</li> + +<li>Wales, National lib. deposit; + +<ul class="IX"><li>E. § 15, +<a href="#Page_527">527</a>.</li> + +<li><i>See also</i> British.</li></ul></li> + +<li>Walker <i>v.</i> Globe. <i>See</i> Globe <i>v.</i> Walker.</li> + +<li>Walpole's "Castle of Otranto," <a href="#Page_87">87</a>.</li> + +<li>Walter <i>v.</i> Lane (1900), <a href="#Page_68">68</a>.</li> + +<li>Walter <i>v.</i> Steinkopff (1892), <a href="#Page_89">89</a>, +<a href="#Page_259">259</a>.</li> + +<li>Ward <i>v.</i> Beeton (1875), <a href="#Page_445">445</a>.</li> + +<li>Ward, Lock & Co. <i>v.</i> Long (1906), +<a href="#Page_441">441</a>.</li> + +<li>Warne <i>v.</i> Routledge (1874), <a href="#Page_445">445</a>.</li> + +<li>Warne <i>v.</i> Seebohm (1888), <a href="#Page_173">173</a>.</li> + +<li>Warrants. <i>See</i> Search.</li> + +<li>Washburn, C. G., bills (1908, '09), <a href="#Page_44">44</a>, +<a href="#Page_370">370</a>, <a href="#Page_371">371</a>.</li> + +<li>Webster, Noah, <a href="#Page_35">35</a>, +<a href="#Page_344">344</a>.</li> + +<li>Webster Dictionary cases, <a href="#Page_261">261</a>.</li> + +<li>Weldon <i>v.</i> Dicks (1878), <a href="#Page_83">83</a>.</li> + +<li>Welsh, James, <a href="#Page_361">361</a>.</li> + +<li>Werckmeister <i>v.</i> American Lithograph Company, (1902), +<a href="#Page_235">235</a>; + +<ul class="IX"><li>(1904), +<a href="#Page_235">235</a>;</li> + +<li>(1907), <a href="#Page_225">225</a>, <a href="#Page_232">232</a>;</li> + +<li><i>v.</i> Springer Lithograph Company, (1894), +<a href="#Page_234">234</a>.</li></ul></li> + +<li>West Pub. Co. <i>v.</i> Lawyers' Pub. Co. (1894, '97), +<a href="#Page_258">258</a>.</li> + +<li>West Pub. Co. <i>v.</i> Thompson Co. (1897), +<a href="#Page_258">258</a>; + +<ul class="IX"><li>(1910), +<a href="#Page_132">132</a>, <a href="#Page_259">259</a>.</li></ul></li> + +<li>Western Australia. <i>See</i> Australia.</li> + +<li>Western Union Tel. Co. <i>v.</i> Call Pub. Co. (1901), +<a href="#Page_44">44</a>.</li> + +<li>Wheaton <i>v.</i> Peters (1834), <a href="#Page_40">40</a>, +<a href="#Page_41">41</a>, <a href="#Page_44">44</a>, +<a href="#Page_149">149</a>.</li> + +<li>Wheeler <i>v.</i> Cobbey (1895), <a href="#Page_272">272</a>.</li> + +<li>White, R. Grant, <a href="#Page_454">454</a>.</li> + +<li>White <i>v.</i> Bender (1911), <a href="#Page_257">257</a>.</li> + +<li>White-Smith <i>v.</i> Apollo Co. (1906, '08), +<a href="#Page_54">54</a>, <a href="#Page_204">204</a>.</li> + +<li>White-Smith <i>v.</i> Goff (1910), <a href="#Page_116">116</a>.</li> + +<li>Widow, widower. <i>See</i> Heirs.</li> + +<li>Will. <i>See</i> Heirs.</li> + +<li>Willfully. <i>See</i> Intent, Knowledge.</li> + +<li>William IV, <a href="#Page_27">27</a>.</li> + +<li>Wilson, James Grant, <a href="#Page_355">355</a>.</li> + +<li>Winchester, Boyd, <a href="#Page_317">317</a>.</li> + +<li>Winslow, Reginald, <a href="#Page_459">459</a>.</li> + +<li>Wisconsin copr. legislation, <a href="#Page_39">39</a>, +<a href="#Page_194">194</a>.</li> + +<li>Withholding of work. <i>See</i> Publication, enforced, Republish.</li> + +<li>Witnessing, <a href="#Page_106">106</a>, +<a href="#Page_389">389</a>.</li> + +<li>Woman, married, E. § 16 (4), <a href="#Page_529">529</a>.</li> + +<li>Woodcuts, <a href="#Page_8">8</a>, <a href="#Page_98">98</a>, +<a href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 13, +<a href="#Page_498">498</a>;</li> + +<li>E. § 35, <a href="#Page_542">542</a>;</li> + +<li>C. § 2, <a href="#Page_555">555</a>;</li> + +<li>Au. § 4, <a href="#Page_580">580</a>.</li> + +<li><i>See also</i> Engravings.</li></ul></li> + +<li>Wooster <i>v.</i> Crane (1906), <a href="#Page_442">442</a>.</li> + +<li>Words, <a href="#Page_75">75</a>, <a href="#Page_85">85</a>, +<a href="#Page_130">130</a>, <a href="#Page_262">262</a>; + +<ul class="IX"><li>for music, +<a href="#Page_70">70</a>, <a href="#Page_121">121</a>, +<a href="#Page_188">188</a>, <a href="#Page_326">326</a>;</li> + +<li>R. § 4, <a href="#Page_406">406</a>;</li> + +<li>R. § 10, <a href="#Page_498">498</a>;</li> + +<li>E. § 19(2), <a href="#Page_530">530</a>.</li> + +<li><i>See also</i> Dramatic, Dramatico-musical, Musical works, +Title.</li></ul></li> + +<li>Woven fabrics noncopr., <a href="#Page_223">223</a>; + +<ul class="IX"><li>R. § 12, +<a href="#Page_470">470</a>.</li></ul></li> + +<li>Wrappers, <a href="#Page_71">71</a>; + +<ul class="IX"><li>R. § 5, +<a href="#Page_496">496</a>.</li></ul></li> + +<li>Wright, Carroll D., <a href="#Page_456">456</a>.</li> + +<li>Wright <i>v.</i> Eisle (1903), <a href="#Page_242">242</a>.</li> + +<li>Writ of error, <a href="#Page_269">269</a>, +<a href="#Page_272">272</a>; + +<ul class="IX"><li>§ 38, +<a href="#Page_481">481</a>.</li></ul></li> + +<li>Writings, <a href="#Page_35">35</a>, <a href="#Page_64">64</a>, +<a href="#Page_66"><b>66</b></a>, <a href="#Page_94">94</a>, +<a href="#Page_215">215</a>, <a href="#Page_326">326</a>, +<a href="#Page_410">410</a>; + +<ul class="IX"><li>§ 4, +<a href="#Page_467">467</a>;</li> + +<li>I. <a href="#Page_603b">603</a>;</li> + +<li>P. <a href="#Page_633">633</a>, +<a href="#Page_649">649</a>.</li></ul></li> + +<li>Wynken de Worde, <a href="#Page_21">21</a>.</li> + +</ul> + +<ul class="IX"> + +<li><a name="IX_Y"></a>Year book, E. § 35 (1), +<a href="#Page_542">542</a>; + +<ul class="IX"><li>C. § 30, +<a href="#Page_569">569</a>.</li></ul></li> + +<li>Young, J. Russell, <a href="#Page_96">96</a>.</li> + +</ul> + +<p><a name="Page_710" id="Page_710"></a><span class="pagenum">[Pg +710]</span></p> + +<p class="p4 center">The Riverside Press</p> + +<p class="center">CAMBRIDGE . MASSACHUSETTS</p> + +<p class="center">U . S . A .</p> + +<h3 class="p4">Transcriber's Notes:</h3> + +<p>Use of hyphens and punctuation was standardized. Obsolete and archaic +spellings were retained, including words prefixed with 'un' and 'non.' +Sidenotes are formated in smaller, bold font, and are right-aligned before +the paragraph to which they pertain. Duplicate sequential sidenotes were +deleted when, in the original, they were repeated as the text continued +from one page to the following. Intentional blank spaces in forms and +incomplete dates are indicated with underscores. Index references for +pages 603 through 628 are linked to the 1886 Berne Convention text only +when there is no equivalent text in the 1908 Berlin Convention. In the +Table of Laws and Cases, the last entry for 1908, Harper v. Kalem, is +missing its citation in the original.</p> + +<p>A "jump table" was added at the beginning of the index for the +convenience of users.</p> + +<table summary="TN corrections"> + +<tr><td class="right">Page:</td> +<td class="left">Other corrections:</td></tr> + +<tr><td class="right"><a href="#Page_vi">vi</a>:</td><td +class="left">'ackowledgments' to 'acknowledgments'</td></tr> + +<tr><td class="right"><a href="#Page_190">190</a>:</td><td +class="left">'ipse facto' to 'ipso facto'</td></tr> + +<tr><td class="right"><a href="#Page_223">223</a>:</td><td +class="left">'Coypright' to 'Copyright'</td></tr> + +<tr><td class="right"><a href="#Page_258">258</a>:</td><td +class="left">'Slinsgby' to 'Slingsby'</td></tr> + +<tr><td class="right"><a href="#Page_287">287</a>:</td><td +class="left">'Amercan' to 'American'</td></tr> + +<tr><td class="right"><a href="#Page_397">397</a>:</td><td +class="left">'similiar' to 'similar'</td></tr> + +<tr><td class="right"><a href="#Page_423">423</a>:</td><td +class="left">'Panaman' to 'Panamanian'</td></tr> + +<tr><td class="right"><a href="#Page_475">475</a>:</td><td +class="left">'separateately' to 'separately'</td></tr> + +<tr><td class="right"><a href="#Page_519">519</a>:</td><td +class="left">'situate' to 'situated' and 'bonâ fide' to 'bona +fide'</td></tr> + +<tr><td class="right"><a href="#Page_589">589</a>:</td><td +class="left">'build' to 'building'</td></tr> + +<tr><td class="right"><a href="#Page_636">636</a>:</td><td +class="left">'Boliva' to 'Bolivia'</td></tr> + +<tr><td class="right"><a href="#Page_658">658</a>:</td><td +class="left">'Blatchf.' to 'Blatch.' for consistency of +abbreviation</td></tr> + +<tr><td class="right"><a href="#Page_661">661</a>:</td><td +class="left">'Encylcopædia' to 'Encyclopædia'</td></tr> + +<tr><td class="right"><a href="#Page_668">668</a>:</td><td +class="left">'Kingdon' to 'Kingdom'</td></tr> + +<tr><td class="right"><a href="#Page_683">683</a>:</td><td +class="left">'Canada ... C. § 25, 55;' to 'Canada ... C. § 2, +555;'</td></tr> + +<tr><td class="right"><a href="#Page_683">683</a>:</td><td +class="left">'Canada ... existing works, C. §§ 33-157;' to 'Canada ... +existing works, C. § 33, 571-2;'</td></tr> + +<tr><td class="right"><a href="#Page_687">687</a>:</td><td +class="left">'Dramatico-musical ... infringement, ... § 28.' to '... § 28, +478.'</td></tr> + +<tr><td class="right"><a href="#Page_694">694</a>:</td><td +class="left">'Limitation ... § E. 10' to 'Limitation ... E. § +10,'</td></tr> + +<tr><td class="right"><a href="#Page_695">695</a>:</td><td +class="left">'Mechanical reproduction ... R. § 44; § 45, 408;' to '... § +44, § 45, 508;'</td></tr> + +<tr><td class="right"><a href="#Page_698">698</a>:</td><td +class="left">'Paintings ... in pubic' to 'Paintings ... in +public,'</td></tr> + +<tr><td class="right"><a href="#Page_703">703</a>:</td><td +class="left">'Residence ... C. § 2 (4), § 3, 447' to 'Residence ... C. § 2 +(4), § 3, 557'</td></tr> + +<tr><td class="right"><a href="#Page_704">704</a>:</td><td +class="left">duplicate entry for 'Sarpy <i>v.</i> Holland (1908), 313.' +deleted</td></tr> + +</table> + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of Copyright: Its History and Its Law, by +Richard Rogers Bowker + +*** END OF THIS PROJECT GUTENBERG EBOOK COPYRIGHT: ITS HISTORY AND ITS LAW *** + +***** This file should be named 39502-h.htm or 39502-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/9/5/0/39502/ + +Produced by Greg Weeks, Carol Brown, and the Online +Distributed Proofreading Team at http://www.pgdp.net. 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