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diff --git a/39502.txt b/39502.txt new file mode 100644 index 0000000..c5412c4 --- /dev/null +++ b/39502.txt @@ -0,0 +1,30904 @@ +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: ASCII + +*** 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.) + + + + + + + Richard Rogers Bowker + + COPYRIGHT: ITS HISTORY AND ITS LAW. + + THE ARTS OF LIFE. + OF BUSINESS. + OF POLITICS. + OF RELIGION. + OF EDUCATION. + + HOUGHTON MIFFLIN COMPANY + + BOSTON AND NEW YORK + + + + + COPYRIGHT + + ITS HISTORY AND ITS LAW + + BEING A SUMMARY OF THE + PRINCIPLES AND PRACTICE OF COPYRIGHT + WITH SPECIAL REFERENCE TO + THE AMERICAN CODE OF 1909 AND + THE BRITISH ACT OF 1911 + + BY + + RICHARD ROGERS BOWKER + + + + + BOSTON AND NEW YORK + HOUGHTON MIFFLIN COMPANY + The Riverside Press Cambridge + 1912 + + + + + COPYRIGHT, 1912, BY R. R. BOWKER + + ALL RIGHTS RESERVED + FOR ALL COUNTRIES + + _Published March 1912_ + + + + +FOREWORD + + +{Sidenote: Copyright progress} + +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. + +{Sidenote: Field for the present treatise} + +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 _Publishers' Weekly_ and of +the _Library Journal_, 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 coordinating factors in the making +of books and other forms of intellectual property. + +{Sidenote: Authorities and acknowledgments} + +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 +Roethlisberger, editor of the _Droit d'Auteur_, 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. + +{Sidenote: Method and form} + +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 _status_ 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 +_Publishers' Weekly_ will endeavor to present information as to the English +speaking world, and the monthly issues of the _Droit d'Auteur_ of Berne, +under the editorship of Prof. Roethlisberger, will be found a comprehensive +and adequate guide. + +{Sidenote: Advocates of authors' rights} + +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. + +{Sidenote: Copyright evolution} + +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. + + R. R. BOWKER. + +December, 1911. + +POSTSCRIPT. 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. + + + + + CONSPECTUS OF COPYRIGHT BY COUNTRIES Page xi + + +Under the names of countries are given dates of the basic and latest +amendatory laws. International relations are shown by the name in SMALL +CAPS 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. + +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. + + --------------------------------------------------------------------------- + Countries | International | | Registration| | + Dates of laws| relations | Duration| and Deposit | Notice | Remarks + --------------+-----------------+---------+-------------+---------+-------- + +{Sidenote: North America: English} + + North America | | | | | + (ENGLISH- | | | | | + SPEAKING) | | | | | + United States |MEXICO, B. AIRES,| 28 + 28 |Library of |"Copy |Manufac- + 1909 |Gt. Brit., Belg.,| |Congress (2 |-right, |ture + |China, Den., Fr.,| |"promptly") |19--, by |within + |Ger., It., Jap., | | |A. B." or|U. S. for + |Lux., Nor., Sp., | | |statutory|books, + |Swe., Switz., | | |equiva- |etc. + |Aust., Hol., | | |lent | + |Port., Chile, | | | | + |Costa R., Cuba, | | | | + |Mex. | | | | + Canada |_See_ Gt. Brit. | 28 + 14 |Dept. of |"Copy- |Printing + 1875-1908 |(Aus.-Hung. | |Agriculture: |right, |and publ. + [1912 ?] |excepted) | |Copyright |Canada |within + | | |Branch (3) |19--, by |Canada.* + | | | |A. B." or| + | | | |signature| + | | | |of artist| + Newfoundland |_See_ Gt. Brit. | 28 + 14 |Colonial |"Entered,|Printing + 1890-1899 | | |Sec. (2) |Newf.... |and publ. + | | | |by A. B."|within + | | | |etc. or |Newf.* + | | | |signature| + | | | |of artist| + Canal Zone | | | | | + (U. S.) |_See_ U. S. | | | | + Porto Rico | | | | | + (U. S.) |_See_ U. S. | | | | + Jamaica (Br.) |_See_ Gt. Brit. | Life + 7|(3 or 1* | None | + 1887 | | or 42* |within mo.) | | + Trinidad (Br.)|_See_ Gt. Brit. | Life + 7|Registrar of | None | + 1888 | | or 42* |copyright (3 | | + | | | within mo.) | | + +{Sidenote: Europe: English} + + Europe | | | | | + Great Britain |BERNE-PARIS A | Life + 7|R Stationers | None* |First or + & Ireland |U. S., Aus.- | or 42* |Hall (before | |simulta- + D 1842-1906 |Hung.* | [Life + |suit)* | [None] |neous pub- + I 1844-1886 | | 50*] |D British | |lication + | | |Museum (1) | | + [1911] | | |+ 4 library |[No reg- |[In + | | |copies (on |istra- | effect + | | |demand)* |tion] |1912] + Isle of Man |_See_ Gt. Brit. | | | | + 1907 | | | | | + Channel Isles |_See_ Gt. Brit. | | | | + +{Sidenote: French} + + France |BERLIN* MONTV.* |Life |D Ministry | None | + 1793-1910 |U. S., Aus-Hung.,| + 50* |of Interior | | + |Hol., Port., | |or prefecture| | + |Mont., Roum., | |(2 before | | + |Lat. Amer. | |suit)* | | + Belgium |BERLIN, MONTV.* |Life + 50| None* | None* | + 1886 |U. S., Aus., | | | | + |Hol., Port., | | | | + |Roum., Mex. | | | | + Luxemburg |BERLIN |Life | None* | None* | + 1898 |U. S. |+ 50* | | (res. | + | | | | playr.)| + Holland |U. S., Belg., | 50 or |Dept. of | None* |Printing + 1881 |Fr. | life* |Justice (2 | (res. |within + [1912?] | | |within mo.) | trans. |Holland + | | | | playr.) | + +{Sidenote: German} + + Germany |BERLIN | Life | None* | None* | + 1901-1910 |U. S., Aus.-Hung.| + 30* | | | + Austria |Hung., U. S., | Life | None* | None* | + 1895, 1907 |Gt. Brit.,* Belg.| + 30* | |(res. | + |Den, Fr., Ger., | | | trans. | + |It., Roum., Swed.| | | photos, | + | | | | mus.) | + Hungary |Aust., Gt. | Life | None* | None* | + 1884 |Brit.,*Fr., Ger.,| + 50* | | (res. | + |It. | | | trans. | + | | | | photos) | + +{Sidenote: Scandinavian} + + Switzerland |BERLIN | Life |R. Office of | None* | + 1874, 1883 |U. S. | + 30* |Intel. Prop. | (res. | + | | |optional* | playr.) | + Denmark |BERNE-PARIS | Life | None* | None* | + 1865-1911 |U. S., Aus. | + 50* | |(photos, | + | | | | res. | + | | | | music) | + Iceland (Den.)|_See_ Denmark | | | |As in + 1905 | | | | |Denmark + Norway |BERLIN* |Life | None* | None* | + 1877-1910 |U. S. | + 50* | |(photos, | + | | | | res. | + | | | | music) | + Sweden |BERNE-PARIS D |Life | None | None* | + 1897-1908 |U. S., Aus. | + 50* | |(photos, | + | | | | res. | + | | | | playr.) | + +{Sidenote: Russian} + + Russia |France | Life | | None* | + 1911 | | + 50* | |(photos, | + | | | | res. | + | | | | trans. | + | | | | mus.) | + Finland | None | Life | None* | None* | + 1880 | | + 50* | | | + +{Sidenote: Southern} + + Spain |BERLIN, MONTV.* | Life |Register of | None* |Special + 1879-1896 |U. S., Port., | + 80* |Intel. Prop. | |provisions + |Lat. Amer. | |(3 within | | + | | |one year*) | | + Portugal |BERLIN | Life |Pub. Lib.* | None | + 1867, 1886 |U. S., It., Sp., | + 50* |(2 before | | + |Bra. | |pub.) | | + Italy |BERNE-PARIS |Life or |Prefecture | None* |Added + 1882, 1889, |MONTV.* | 40* |(3 within |(res. |40 yrs. on + 1910 |U. S., Aus.- | + 40* |3 months)* |trans.) |royalty of + |Hung., Mont., | | | |5 p. c. + |Port., Roum., | | | | + |San. Mar., | | | | + |Lat. Amer. | | | | + +{Sidenote: Europe: Minor States} + + San Marino |_See_ Italy | | | |As in + Monaco |BERLIN |Life + | None | None* | Italy + 1889, 1896 | | 50* | | | + Greece | None | 15 + * |D (4 within | | + 1833-1910 | | |10 days*) | | + Malta, Cyprus,|_See_ Gt. Brit. |Life + 7 |D (3 within | | + etc. (Br.) | |or 42* |mo.) | | + +{Sidenote: Balkan States} + + Montenegro |Fr., It. | | | |Uncertain + | | | | |protection + Bulgaria | | | | |Uncertain + 1896? | | | | |protection + Servia | | | | |No + | | | | |protection + Roumania |Aus., Belg., Fr.,|Life + 10|R. Min. of | | + 1862-1904 |It. | |Instruc. | | + Turkey | None |Life + |Min. of Pub. | None. | + 1910 | | 30* |Instruc. (3)*| | + +{Sidenote: Asia} + + Asia | | | | | + Japan |BERLIN* |Life + |R. Ministry | None* | + 1899, 1910 |U. S.,* China | 30* |of Int. | | + | | |(before suit)| | + Korea |_See_ Japan | | | |As in + 1908 | | | | | Japan + China |U. S.,* Japan |Life + |Ministry of | | + 1910 | | 30* |Int. (2) | | + Hong Kong |_See_ Gt. Brit. |Life + 7 |D (3 within | | + (Br.) | |or 42* |mo.) | | + Philippines |_See_ U. S. | | | | + (U. S.) | | | | | + India, British|_See_ Gt. Brit. |Life + 7 |D (3 |Printer's| + 1847, 1867 | |or 42* |within mo.) |and pub- | + | | | |lisher's | + | | | |name on | + | | | |work | + Ceylon, etc. |_See_ Gt. Brit. |Life + 7 |D (3 within | | + (Br.) | |or 42* |mo.) (4 | | + | | |within yr.) | | + Siam | None |Life + 7 | | | + 1901 | |or 42* | | | + Persia | None | | | |No pro- + | | | | | tection + +{Sidenote: Africa} + + Africa | | | | | + Egypt | None |Indef- | | |Court pro- + | | inite | | | tection + Tunis |BERLIN* |Life + | | |As in + 1889 | | 50* | | | France + Algeria (Fr.) |_See_ France | | | | + Sierra Leone, |_See_ Gt. Brit. |Life + 7 |D (3)* | | + etc (Br.) | |or 42* | | | + 1887 | | | | | + Liberia |BERLIN |Indef- | | |Without + | |inite | | |specific + | | | | |law + Congo Free |Belg., Fr. | | | |Punishes + State |(extradition) | | | |fraud only + So. Africa |_See_ Gr. Brit.* | | | | + (Br.) |Aus.-Hung., | | | | + |excepted | | | | + Cape Colony | |Life + 5 |Registrar of | | + 1873-1895 | |or 30* |Deeds | | + | | |D (4 within | | + | | |mo.)* | | + Natal | |Life + 7 |Colonial | | + 1895-1898 | |or 42* |Sec., D (2 | | + | | |within 3 | | + | | |mos.)* | | + Transvaal, | |50 or |Registrator | Reserv. |Printing + etc. 1887 | |life* |D (3 within | of |within + | | |2 mos.)* | playr. |colony* + | | | | and | + | | | | trans. | + +{Sidenote: America, Latin: Mexico Central America} + + Latin America | | | | | + Mexico |U. S., Dom. Rep.,|Perpetu- |R. Min. | None* | + 1871, 1884 | Ecu., Belg., |ity* |Pub. Instruc.|(res. | + |Fr., It., Sp. | |D (2)* |trans.) | + Costa Rica |MEXICO |Life + |Office of | None | + 1880-1896 |U. S., Sp., Fr. |50* |Pub. Libs. | | + |Guat., Sal., Hon.| |(3)* | | + | | |within yr.* | | + Guatemala |MEXICO |Perpetu- |Min. of Pub. |(res. | + 1879 |Sp., Fr., |ity |Educ. |trans.) | + |Costa R. | |(4)* | | + Honduras |MEXICO |Indef- | | |No speci- + 1894, 1898 |Costa R. | inite | | |fic law + Nicaragua |MEXICO |Perpetu- |Min. of |(res. | + 1904 | It. |ity* |Agric. (6*) |trans.) | + Salvador |MEXICO |Life + |D Min. of | None |Publi- + 1886, 1900 |Sp., Fr., |25* |Agric. | |cation + |Costa R. | |(1 before | |within + | | |pub.) | |country + Panama | None |Life + 80| | |As in + 1904 | | | | |Colombia + +{Sidenote: West Indies} + + Cuba |MEXICO? |Life + |Dept. of | None | + 1879-1909 |U. S., It. | 80* |State (3) | | + Haiti |BERLIN |Life + * |D Dept. of | None | + 1885 | | |Int., (5 | | + | | |within yr.) | | + Dominican Rep.|MEXICO? Mex. |Uncertain| | | + 1896 | | | | | + +{Sidenote: South America} + + Brazil |Portugal |50* from |Nat. Lib. (1 | None* | + 1891-1901 | |the 1st |within 2 |(res. | + | |Jan. of | yrs.) |playr.) | + | |yr. of | | | + | |pub. | | | + Argentina |MONTEVIDEO |Life + |Nat. Lib. | None* | + 1910 |Belg., Sp., Fr., |10* |(2 within 15 | | + |It. | |or 30 days) | | + Uruguay |MONTEVIDEO |Indefin- | | |No speci- + 1868 | |ite | | |fic law + Paraguay 1870,|MONTEVIDEO Belg.,| |Public | |Under + 1881, 1910 | Sp., Fr., It. | |registries | |penal code + Chile |U. S. |Life + 5*|D Nat. Pub. | None | + 1833-1874 | | |Lib. (3)* | | + Peru |MONTEVIDEO |Life + |D Pub. Lib. | None | + 1849, 1860 | |20* |(1) + Dept. | | + | | |Pref. (1) | | + Bolivia |MONTEVIDEO |Life + |R Min. of | | + 1834, 1909 |Fr. | 30* |Pub. Instruc.| | + | | |D Pub. Lib. | | + | | |(1 within | | + | | | yr.) | | + Ecuador |Sp., Fr., Mex. |Life + |Min. of | None* | + 1884, 1887 | | 50* |Pub. Educ. |(res. | + | | |(3 within 6 |playr.) | + | | |mos.)* | | + Colombia |Sp., It. |Life + |Min. of | None | + 1886, 1890 | | 80* |Pub. Educ. | | + | | |(3 within | | + | | |yr.)* | | + Venezuela | None. |Perpetu- |Registry (6) |Notice of| + 1894, 1897 | |ity | |patent | + +{Sidenote: Australasia} + + Australasia | | | | | + Australia |_See_ Gt. Brit.* |Life + 7 |Commonwealth |Reserv. | + (Br.) 1905 |Aus.-Hung. |or 42* |Copyr. Office| per- | + |excepted | |D (2) | forming | + New Zealand |_See_ Gt. Brit. |28 or |R Registrar | right | + (Br.) | | life* |of Coprs.* D | | + 1842-1903 | | |libr. of Gen.| | + | | |Assem. (for | | + | | |plays only) | | + Hawaii (U. S.)|_See_ U. S. | | | | + --------------------------------------------------------------------------- + + + + + CONTENTS Page xv + + + PART I + + NATURE AND DEVELOPMENT OF COPYRIGHT + + I. THE NATURE AND ORIGIN OF COPYRIGHT 1-7 + + Copyright meaning, 1--Its two senses, 1--Blackstone, + 2--Property by creation, 3--Property in unpublished works, + 4--The question of publication, 5--Inherent right, 5--Statutory + penalties, 6--Statute of Anne, 6--Supersedure of common law + right, 7. + + II. THE EARLY HISTORY OF COPYRIGHT 8-23 + + In classic times, 8--Roman law, 8--Monastic copyists, 8--St. + Columba and Finnian, 9--University protection, 9--Invention of + printing, 10--In Germany, 10--In Italy: Venice, 13--Florence, + 17--Control of Church, 17--In France, 17--In England, 19--The + Stationers' Company, 21--Statutory provisions, 22. + + III. THE DEVELOPMENT OF STATUTORY COPYRIGHT IN ENGLAND 24-34 + + The Statute of Anne as foundation, 24--Its relations to common + law, 24--The crucial case, 25--The Judges' opinions, 25--The + Lords' decision, 26--Protests, 26--Supplementary legislation, + 26--Georgian period, 27--Legislation under William IV, + 28--Victorian act of 1842, 28--Protection of designs, + 29--Subsequent acts, 29--Royal Commission report of 1878, + 30--Later legislation, 31--International copyright, 31--Musical + copyright, 31--Conference reports, 1909, 32--Act of 1911, + 32--Design patents, 33--Common law rights, 34. + + IV. THE HISTORY OF COPYRIGHT IN THE UNITED STATES 35-41 + + Constitutional provision, 35--Early state legislation, 35--Act + of 1790, 35--1802-1867, 36--Revised act of 1870, 37--1874-1882, + 37--International copyright legislation, 1891, 37--Private + copyright acts, 38--American possessions, 38--American code of + 1909, 39--State protection of playright, 39--Trade-Mark act, + 40--Common law relations, 40. + + + PART II + + LITERARY AND GENERAL COPYRIGHT + + V. SCOPE OF COPYRIGHT: RIGHTS AND EXTENT 42-62 + + General scope, 42--American provisions, 42--Oral addresses, + 42--Dramas, 42--Music, 43--Previous American law, + 43--Unpublished works, 43--Common law scope, 44--Common law in + U. S. practice, 44--Statutory limitations, 44--General rights, + 45--Inferential rights, 46--Differentiated rights, 46--Court + protection, 46--Division of rights, 46--Analysis of property + rights, 47--Broad interpretation, 48--Limits of protection, + 48--Differentiated contracts, 48--Enforcement in limited + grants, 49--Copyright as monopoly, 50--Altered theory of + copyright, 52--Publishing, 52--What constitutes publishing, + 53--"Privately printed" works, 53--Copying, 53--Vending, + 54--Control of sale, 54--Macy cases, 55--Bobbs-Merrill case, + 56--Scribner case, 56--English underselling case, 57--Suits + under state law, 57--Translating, 58--"Other version," + 58--Translating term, 58--Oral delivery, 59--"Publicly and for + profit," 59--Material and immaterial property, 60--Schemes not + copyrightable, 61--New British code, 61--Foreign statutes, + 62--International provisions, 62. + + VI. SUBJECT-MATTER OF COPYRIGHT: WHAT MAY BE COPYRIGHTED 63-94 + + Subject-matter in general, 63--Classification, 63--Prints and + labels excluded, 64--All the writings of an author, + 64--Component parts, 64--Compilations, new editions, etc., + 64--Non-copyrightable works, 65--Government use, 65--"Author" + and "writing" definitions, 66--Interpretation by Congress and + courts, 66--Supreme Court decisions, 67--Originality and merit, + 68--"Book" definitions, 68--Blank books, 72--Combinations and + arrangements, 73--Advertisements, 73--New editions, + 75--Copyright comprehensive, 76--Non-copyrightable parts + excepted, 76--Book illustrations, 77--Translations, + 77--Translator's rights, 78--English practice, 79--Translations + in international relations, 79--Foreign translators, + 79--Abridgments, 80--Compilations, 81--Collections, 81--Titles, + 82--Changed titles, 82--Titles as trade-marks, 83--"Chatterbox" + cases, 84--Projected titles, 85--Projected works not + copyrightable, 86--Immoral works, 86--Periodicals, + 87--Definition of periodicals, 87--Periodicals under + manufacturing clause, 88--Periodicals copyrightable by numbers, + 88--News, 89--British periodicals, 90--Oral works, + 90--Newspaper reports, 91--Lectures in England, 91--Letters, + 91--Designs patentable, 93--Foreign practice, 94--International + definition, 94. + + VII. OWNERSHIP OF COPYRIGHT: WHO MAY SECURE COPYRIGHT 95-113 + + Persons named, 95--The author primarily, 95--Claimant's right + to register, 96--Employer as author, 97--Implied ownership, + 98--Protection outside of copyright, 98--Work in cyclopaedias, + 99--Association of author's name, 100--Added material and + alteration, 100--Separate registration of contributions, + 100--Anonymous works, 101--Joint authorship, 101--Corporate + bodies, 102--Posthumous works, 102--Peary cases, 102--Renewal + rights, 104--Assignments, 104--Assignment record, + 105--Substitution of name, 105--Witnesses, 106--"Outrights" and + renewal, 106--Proof of proprietorship, 107--Foreign citizens, + 107--Earlier provisions, 108--Residence, 108--Intending + citizens, 109--Time of first publication, 109--Non-qualified + authors, 110--Foreign ownership, 111--"Proclaimed" countries, + 111--Buenos Aires convention, 113--New British code, + 113--Foreign practice, 113. + + VIII. DURATION OF COPYRIGHT: TERM AND RENEWAL 114-124 + + Historic precedent, 114--Previous American practice, 114--Term + in code of 1909, 115--Renewal, 115--Extension of subsisting + copyrights, 116--Assignee of unpublished manuscripts, + 116--Extension of subsisting renewals, 117--Publishers' + equities, 117--Estoppel of renewal, 118--Life term and beyond, + 118--Unpublished works, 119--Publication as date of copyright, + 119--Serial publication, 120--Joint authorship, + 120--Forfeiture, 121--Abandonment, 121--In England, 121--New + British code, 122--Perpetual copyright, 123--Other countries, + 124--International standard term, 124--Special categories, 124. + + IX. FORMALITIES OF COPYRIGHT: PUBLICATION, NOTICE, REGISTRATION + AND DEPOSIT 125-152 + + General principles, 125--Previous American requirements, + 125--Present American basis, 126--Provisions of 1909, + 126--Publication, 126--Copyright notice, 127--Previous + statutory form, 128--Exact phraseology required, 128--Name, + 129--Date, 129--Accidental omission, 130--Place of notice, + 131--One notice sufficient, 131--Separate volumes, + 132--Different dates, 133--Extraterritorial notice, + 133--Successive editions, 134--False copyright notice, 134--_Ad + interim_ protection, 135--Substitution of name, + 135--Registration, 136--Rules and regulations, + 136--Application, 136--Certificate, 136--Application + requirements, 137--Illustrations, 138--Periodicals, + 138--Application cards, 139--Certificate cards, 140--Fees, + 141--Deposit, 142--Fragment not depositable, 143--Typewriting + publication and deposit, 143--Legal provisions, 143--Failure to + deposit, 144--Forfeiture by false affidavit, 144--Works not + reproduced, 144--Second registration, 145--Free transportation + in mail, 145--Loss in mail, 145--Foreign works, 146--_Ad + interim_ deposit, 146--Completion of _ad interim_ copyright, + 147--Omission of copyright notice, 148--Books only _ad + interim_, 148--Exact conformity required, 149--Expunging from + registry, 150--British formalities, 150--New British code, + 151--Other countries, 151--International provisions, 152. + + X. THE AMERICAN MANUFACTURING PROVISIONS 153-161 + + Manufacturing provision of 1891, 153--Text in 1909 code, + 153--Scope and exceptions, 154--Changes, 1891-1909, + 154--German-American instances, 155--Dramas excepted, + 155--Exception of foreign original texts, 156--Exception of + foreign illustrative subjects, 156--Affidavit requirement, + 156--Avoidance of errors, 157--Forfeiture by false affidavit, + 158--Exact compliance necessary, 158--Importation questions, + 159--Foreign manufacturing provisions, 160--English patent + proviso, 161. + + + PART III + + DRAMATIC, MUSICAL AND ARTISTIC COPYRIGHT + + XI. DRAMATIC AND MUSICAL COPYRIGHT, INCLUDING PLAYRIGHT 162-201 + + Dramatists' and composers' rights, 162--American provisions, + 162--Rights assured, 163--Dramatic rights, 163--Musical rights, + 164--Excepted performance, 164--Performance "for profit," + 165--Works not reproduced, 166--Copyright notice, + 166--Dramatico-musical works protected from mechanical + reproduction, 166--Dramatic and musical works excepted from + manufacturing provisions, 167--British colonial practice, + 168--Entry under proper class, 168--Application and + certificates, 168--Right of dramatization, 169--Dramatization + term, 169--Musical arrangements, 169--Transposition, 170--Works + in the public domain, 170--Dramatization right protected, + 170--English law and practice, 171--Infringement cases, + 172--Substantial quotations, 173--Specific scenes or + situations, 174--What is a dramatic composition, 174--Judge + Blatchford's opinion, 175--Judicial definitions, 175--Moving + pictures, 176--Literary merit not requisite, 177--What is a + dramatico-musical composition, 177--Protection of playright, + 178--Protection of unpublished work, 179--Indeterminate + protection, 180--Printing and performance, 180--Specific + English provisions, 182--Publication prior to performance, + 183--British international protection, 184--What is public + performance, 185--Manuscript rights, 186--Unpublished + orchestral score, 187--Dramatic work by employee, + 188--Copyright term, 188--Registration, 189--Assignment, + 189--Parody, 190--Infringement by single situation, + 191--Protection of title, 191--Names of characters, + 192--Persons liable for infringement, 193--Protection against + "fly by night" companies, 194--State legislation, 194--Remedies + under present law, 195--Musical protection in England, + 195--Acts of 1902-1906, 196--Playright in other countries, + 197--International provisions, 197--Foreign protection of + arrangements, 197--International definitions, 198--National + formalities, 199--Specific reservations and conditions, + 200--Pan American Union, 201. + + XII. MECHANICAL MUSIC PROVISIONS 202-221 + + "Canned music" contest, 202--Mechanical music provisos, + 202--Compulsory license, 203--Damages, 203--Public performance, + 204--The compromise result, 204--Judicial construction, + 205--Punishment of infringement, 206--Notice of intention to + use, 206--Constitutional question, 207--English law, 208--Berne + situation, 1886, 209--Paris, 1896, 209--Berlin provision, 1908, + 209--German precedents, 210--Law of 1910, 211--Germany and the + United States, 212--French precedents, 212--Belgian precedents, + 213--Italian precedents, 213--Other countries, 214--Argument + for inclusion, 214--Inscribed writings, 215--Direct + sound-writings, 216--Music transmissal, 216--Music notation, + 217--The law prior to 1909, 218--Manuscript and copies, + 218--Protection of the inventor, 219--The counter argument, + 220--Complete protection, 221. + + XIII. ARTISTIC COPYRIGHT 222-250 + + Threefold value in art works, 222--American provisions, + 223--Copyright Office classification definitions, 223--The + question of exhibition, 224--Protection of unpublished work, + 225--Copyright notice, 225--Deposit, 226--Summary of + requirements, 227--Material and immaterial properties distinct, + 228--Manufacturing clause, 228--German post cards, + 229--Artistic merit, unimportant, 229--Application forms, + 229--Certificates, 230--Term in unpublished work, 230--Date not + required, 230--Re-copyright objectionable, 231--Exhibition + right transfer, 231--Early English decision, 232--The + Werckmeister leading case, 233--Unrestricted exhibition + hazardous, 234--Reservation on sale, 234--Publication + construed, 234--Danger of forfeiture, 235--Limited use and + license, 236--Character, not method of use, 237--Illustration, + 237--Description of artistic work, 238--Portraits, 238--Right + of employer, 239--Photographs, 240--_Tableaux vivants_ and + moving pictures, 241--Architectural works, 242--Copy of a copy, + 243--Alterations, 243, 244--Remedies, 245--Artistic copyright + term, 245--British practice, 246--Sculpture provisions, + 247--Engraving provisions, 247--New British code, 247--Foreign + countries, 248--Berne convention, 1886, 248--Paris declaration, + 1896, 249--Berlin convention, 1908, 250--Exhibition not + publication, 250--Pan American Union, 250. + + + PART IV + + COPYRIGHT PROTECTION AND PROCEDURE + + XIV. INFRINGEMENT OF COPYRIGHT: PIRACY, "FAIR USE" AND "UNFAIR + COMPETITION" 251-264 + + Piracy, 251--Test of piracy, 251--Infringement in specific + meaning, 252--Questions of fact and intent, 253--"Fair use," + 253--Principle of infringement, 254--Infringement by indirect + copying, 254--Exceptions from infringement, 255--Infringement + by abridgment and compilation, 255--Abridged compilations, + 256--Separation of infringing parts, 256--Law digests, + 257--Proof from common errors, 257--Infringement in part, + 258--No infringement of piracies or frauds, 258--Quotation, + 259--Private use, 259--"Unfair competition," 260--Deceptive + intent, 260--"Chatterbox" cases, 261--Encyclopaedia Britannica + cases, 261--Webster Dictionary cases, 261--"Old Sleuth" cases, + 262--Other title decisions, 262--Rebound copies, 263--Kipling + case, 263--Burlesqued title, 264--Drummond case, 264--New + British code, 264. + + XV. REMEDIES AND PROCEDURE 265-277 + + Protection and procedure, 265--Injunction, 265--Damages, + 265--One suit sufficing, 266--Deposit of infringing articles, + 266--Remedies specified, 267--Impounding, 268--Supreme court + rules, 268--Court jurisdiction, 268--Limitation, 269--Text of + procedure provisions, 270--Proceedings united in one action, + 270--Jurisdiction, 270--Injunction provisions, 270--Appeal, + 271--No criminal proceedings, after three years, 271--Strict + compliance requisite, 271--Damage not penalty, 272--Other + procedure decisions, 273--Preventive action, 274--Party in + suit, 274--Willful case, 275--Penal provisions, 275--False + notice of copyright, 276--Allowance of costs, 276--New British + code, 277. + + XVI. IMPORTATION OF COPYRIGHTED WORKS 278-296 + + Copyright and importation, 278--Fundamental right of exclusion, + 278--General prohibitions, 279--Exceptions permitted, 279--Text + provisions, 280--Prohibition of piratical copies, + 280--Permitted importations, 280--Library importations, + 281--Seizure, 282--Return of importations, 282--Rules against + unlawful importation, 282--Supersedure of previous provisions, + 283--Manufacturing clause affects earlier copyrights, + 283--Importation of foreign texts, 284--Printing within + country, 285--Innocent importation, 286--Books not claiming + copyright, 286--Periodicals, 286--Composite books, + 286--Rebinding abroad, 287--Importation of non-copyright + translation, 288--Books dutiable, 288--Books on free list, + 289--Library free importation, 290--Copyrights and the free + list, 291--The duty on books, 291--British prohibition of + importation, 292--Foreign reprints, 293--Divided market, + 293--New British code, 293--Canadian practice, 294--Australian + provision, 295--Foreign practice, 295--International practice, + 296. + + XVII. COPYRIGHT OFFICE: METHODS AND PRACTICE 297-310 + + History of Copyright Office, 297--Routine of registration, + 297--Treatment of deposits, 298--Destruction of useless + material, 299--Register of Copyrights, 299--Catalogues and + indexes, 300--Entry cards, 301--Text provisions, 302--Copyright + records, 302--Register and assistant register, 302--Deposit and + report of fees, 302--Bond, 303--Annual report, 303--Seal, + 303--Rules, 303--Record books, 303--Certificate, 303--Receipt + for deposits, 304--Catalogue and index provision, + 304--Distribution and subscriptions, 305--Records open to + inspection, 305--Preservation of deposits, 305--Disposal of + deposits, 306--Fees, 307--Only one registration required, + 307--Present organization, 308--Efficiency of methods, + 308--Registration, 1909-1910, 309--Certificates for court use, + 309--Searches, 309--Patent Office registry for labels, + 309--Foreign practice, 310. + + + PART V + + INTERNATIONAL AND FOREIGN COPYRIGHT + + XVIII. INTERNATIONAL COPYRIGHT CONVENTIONS AND ARRANGEMENTS 311-340 + + International protection of property, 311--Early copyright + protection, 311--English protection, 311--Effect of Berne + convention, 313--International literary congresses, + 314--Fundamental proposition, 314--Preliminary official + conference, 1883, 314--Propositions of 1883, 315--First + official conference, 1884, 316--Second official conference, + 1885, 317--Third official conference, 1886, 318--Berne + convention, 1886, 318--Authors and terms, 318--"Literary and + artistic works" defined, 318--Performing rights, 319--Other + provisions, 319--Final protocol, 320--Ratification in 1887, + 320--Paris conference, 1896, 321--Paris Additional Act, + 321--Paris Interpretative Declaration, 322--Ratification in + 1897, 322--Berlin conference, 1908, 323--United States' + position, 324--Welcome of non-unionist countries, 325--Death of + Sir Henry Bergne, 325--Berlin convention, 1908, 326--"Literary + and artistic works" defined, 326--Authors' rights, + 326--"Country of origin," 327--Broadened international + protection, 327--Term, 328--Performing rights, 328--Other + provisions, 329--National powers reserved, 329--Organization + provisions, 329--Ratification in 1910, 330--Official organ, + 330--Montevideo congress, 1889, 331--Pan American conferences, + 331--Mexico City conference, 1902, 332--Mexico convention, + 1902, 332--Indispensable condition, 333--Special provisions, + 333--Ratification, 334--Rio de Janeiro conference, 1906, + 334--Rio provisions, 335--Ratification, 336--Buenos Aires + conference and convention, 1910, 336--Attorney General's + opinion on ratification, 337--Relation with importation + provisions, 338--United States international relations, + 339--"Proclaimed" countries, 339--Mechanical music reciprocity, + 340. + + XIX. THE INTERNATIONAL COPYRIGHT MOVEMENT IN AMERICA 341-372 + + Initial endeavor in America, 1837, 341--The British address, + 341--Henry Clay report, 1837, 344--Prophecy of world union, + 344--Clay bills, 1837-42, 346--Palmerston invitation, 1838, + 346--Efforts, 1840-48, 346--Everett treaty, 1853, 347--Morris + bills, 1858-60, 348--International Copyright Association, 1868, + 348--Baldwin bill and report, 1868, 348--Clarendon treaty, + 1870, 349--Cox bill and resolution, 1871, 349--The Appleton + proposal, 1872, 350--Philadelphia protest, 1872, 351--The + Bristed proposal, 1872, 351--Kelley resolution, 1872, + 352--Congressional hearings, 352--Beck-Sherman bill, 1872, + 352--Morrill report, 1873, 353--Banning Bill, 1874, 353--The + Harper proposal and draft, 1878, 353--Granville negotiations, + 1880, 355--Robinson and Collins bills, 1882-83, 356--American + Copyright League, 356--Dorsheimer bill, 1884, 356--American + publishers' sentiment, 357--Hawley bill, 1885, 358--Chace bill, + 1886, 358--Congressional hearings, 1886, 359--Mr. Lowell's + epigram, 359--President Cleveland's second message, 1886, + 360--Campaign of 1887, 360--Senate passage of Chace bill, 1888, + 361,--Bryce bill, 1888, 361--President Harrison's message, + 1889, 361--Simonds bill and report, 1890, 362--Senate debate, + 1891, 363--Act of March 4, 1891, 363--Review of the publishing + situation, 364--Lack of unified policy, 365--Compromise of + 1891, 365--Need of general revision, 366--_Ad interim_ + copyright act, 1905, 366--Copyright conferences, 1905-06, + 367--President Roosevelt's message, 1905, 368--Congressional + hearings, 1906-08, 369--Kittredge-Currier reports, 1907, + 369--Smoot-Currier Kittredge-Barchfeld bills, 1907-08, + 370--Washburn, Sulzer, McCall, Currier bills, 1908, 370--Fourth + Congressional hearing, 1909, 371--Act of March 4, 1909, + 371--Hopes of future progress, 372. + + XX. COPYRIGHT THROUGHOUT THE BRITISH EMPIRE 373-397 + + English and American systems, 373--First publication and + residence, 373--Variations in copyright terms, 374--New British + code, 374--Scope and extent, 375--Publication, 376--Definition + of copyright, 376--Infringement, 376--Term, 377--Ownership, + 377--Deposit copies, 378--Importation, 378--Remedies, + 378--General relations, 379--Acts repealed, 379--Changes from + original bill, 379--Isle of Man, 380--Channel Islands, + 381--International relations, 381--Colonial relations, + 381--Local legislation, 382--Canadian copyright history, + 383--Dominion of Canada: early acts, 383--Acts of 1875, + 384--License acts disallowed, 385--Fisher Act, 1900, 385--Minor + acts, 386--Short form of notice, 386--Proposed Canadian + copyright code, 1911, 386--Imperial and Canadian copyright, + 388--Requisites for domestic copyright, 388--Imperial and local + protection, 388--Additional local protection, 389--Application + for copyright, 389--Newfoundland, 390--British West Indies, + etc., 391--Australian code of 1905, 391--General provisions, + 392--Dramatic and musical works, 393--Performing right, + 393--Registration and license, 394--New Zealand, + 394--Australasia otherwise, 395--British India, 395--South + Africa, 396--West coast colonies, 397--Mediterranean islands, + 397. + + XXI. COPYRIGHT IN OTHER COUNTRIES 398-429 + + France, 398--Belgium, 400--Luxemburg, 400--Holland, + 401--Germany, 402--Austria-Hungary, 405--Switzerland, + 406--Scandinavian countries, 407--Russia, 409--Finland, + 409--Spain, 410--Portugal, 411--Italy, 412--San Marino, + 413--Monaco, 413--Greece, 414--Montenegro, 414--Balkan states, + 414--Turkey, 415--Japan, 415--Korea, 416--China, 417--Siam, + 417--Asia otherwise, 418--Tunis, etc., 418--Egypt, + 418--Liberia, 419--Africa otherwise, 419--Latin America, + 419--Mexico, 420--Central American states, 421--Interstate and + international relations, 422--Panama, 423--Cuba, 423--Haiti, + 424--Dominican Republic, 424--West Indian colonies, + 425--Brazil, 425--Argentina, 425--Paraguay and Uruguay, + 426--Chile, 427--Peru, 427--Bolivia, 427--Ecuador, + 428--Colombia, 429--Venezuela, 429. + + + PART VI + + BUSINESS RELATIONS AND LITERATURE + + XXII. BUSINESS RELATIONS OF COPYRIGHT: AUTHOR AND PUBLISHER 430-452 + + Copyrights in business relations, 430--German publishing law of + 1901, 430--The publisher as merchant, 434--"Outright" transfer, + 434--"Joint adventure," 435--Risk and profit, 435--Long price + and "net" price, 436--Equities, 436--The literary agent, + 436--Usual American contract, 437--Publishers' obligations, + 437--Reversion of contract, 438--Scope of contract, 438--Other + works of author, 439--Standard contract, 439--Serial rights, + 439--Republication of periodical articles, 440--Foreign + markets, 440--Contract to do work, 440--Contract not to write, + 441--Implied obligations, 442--Contract personal and mutual, + 442--Author's transfer to other publishers, 445--Proprietary + name, 445--Copies remaining unsold, 446--Renewal term, + 447--License not assignment, 447--Author's and publisher's + profits, 447--The publisher's share, 448--"Author's editions," + 449--Printer's lien, 449--Compulsory license system, + 449--License payments, 450--Saving through single publisher, + 451--Copyrights in bankruptcy, 451--Copyrights in taxation, + 452. + + XXIII. THE LITERATURE OF COPYRIGHT 453-462 + + Bibliographical materials, 453--Early history, 453--Early + American contributions, 454--Later American pamphleteers, + 454--American treatises, 455--Copyright Office publications, + 455--Labor report, 456--English contributions about 1840, + 456--Later English contributions, 457--English legal treatises, + 457--Birrell's lectures, 458--MacGillivray's works, + 458--English special treatises, 459--Parliamentary and + Commission reports, 459--Cyclopaedias and digests, 460--French + works, 460--German works, 460--Italian works, 461--Spanish + compendium, 461--International compilations, 462. + + + APPENDIX + + I. UNITED STATES OF AMERICA: COPYRIGHT PROVISIONS 465-516 + 1. United States Copyright Code of 1909, 465. + 2. President's Proclamations, 489. + 3. United States Supreme Court Rules, 491. + 4. United States Copyright Office Regulations, 495. + Application for copyright, with affidavit form, 511. + 5. U. S. Treasury and Post Office Regulations, 513. + + II. BRITISH EMPIRE: COPYRIGHT PROVISIONS 517-602 + 6. British Copyright Act, 1911, 517. + 6_a_. Fine Arts Copyright Act, 1862, 548. + 6_b_. Musical (Summary Proceedings) Copyright Act, 1902, 550. + 6_c_. Musical Copyright Act, 1906, 552. + 7. Canadian Copyright Measure, 1911, 555. + 8. Australian Copyright Act, 1905, 580. + + III. INTERNATIONAL COPYRIGHT UNION: CONVENTIONS 603-632 + 9. Berne-Paris Conventions, 1886, 1896, 603. + 10. Berlin Convention, 1908, 603. + + IV. PAN AMERICAN UNION: CONVENTIONS 633-652 + 11. Montevideo Convention, 1889, 633. + 12. Mexico City Convention, 1902, 637. + 13. Rio de Janeiro Convention, 1906, 642. + 14. Buenos Aires Convention, 1910, 649. + + CHRONOLOGICAL TABLE OF LAWS AND CASES, ENGLISH AND AMERICAN 653-675 + + INDEX 677-709 + + CONSPECTUS OF COPYRIGHT BY COUNTRIES _precedes_ CONTENTS + + + + + COPYRIGHT + + ITS HISTORY AND ITS LAW + + + + +I + +THE NATURE AND ORIGIN OF COPYRIGHT + + +{Sidenote: Copyright, meaning} + +Copyright (from the Latin _copia_, 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. + +There is another legal sense of the word "copyright" much emphasized by +several English justices. Through the low Latin use of the word _copia_, +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." + +{Sidenote: Its two senses} + +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 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 _in_ +copy, a right of possession, always fully protected by the common law, +and the right _to_ copy, a right of multiplication, which alone has been +the subject of special statutory protection. + +{Sidenote: Blackstone} + +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 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." + +{Sidenote: Property by creation} + +There is nothing which may more rightfully be called property than the +creation of the individual brain. For property (from the Latin +_proprius_, own) means a man's very _own_, 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 _own_-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. + +{Sidenote: Are thoughts created?} + +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 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, _in propria persona_, +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. + +{Sidenote: Property in unpublished works} + +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. + +{Sidenote: The question of publication} + +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. + +{Sidenote: Inherent right} + +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 any express and positive declaration of the will of +the legislature." "The common law or _lex non scripta_," 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." + +{Sidenote: Statutory penalties} + +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. + +{Sidenote: Statute of Anne} + +{Sidenote: Supersedure of common law right} + +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 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-_right_, and became the subject of copy-_privilege_, +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. + + + + +II + +THE EARLY HISTORY OF COPYRIGHT + + +{Sidenote: In classic times} + +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 _status_ 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. + +{Sidenote: Roman law} + +The Roman jurist Gaius, probably of the second century, held that where +an artist had painted upon a _tabula_, 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. + +{Sidenote: Monastic copyists} + +{Sidenote: St. Columba and Finnian} + +In the early Christian centuries, the monasteries became the seats of +learning, and the _scriptorium_ or writing room, in connection with the +_librarium_ or _armarium_,--the armory in which the weapons of the faith +were kept,--was the work-shop of the monkish copyists, sometimes working +as a publishing staff under the direction of the _librarius_ or +_armarius_ as chief scribe. The first record of a copyright case is that +of Finnian _v_. 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 _scriptorium_ 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." + +{Sidenote: University protection} + +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 +_libraires jures_ 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 _libraires_ and eleven _ecrivains_ +as registered in Paris, and four chief _libraires_ had jurisdiction over +the calling of the _librarius_ and the _stationarius_. 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. + +{Sidenote: Invention of printing} + +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. + +{Sidenote: In Germany} + +In Germany, the cradle of the art of printing, whence come the earliest +_incunabula_ 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 Schoeffer, who +with Fust had established the first 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 _status_. + +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 "_Lectura aurea_." 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 Oessler 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 +Duerer, with forged signature, were ordered confiscated by the +magistrates of Nuremberg, though perhaps on grounds of fraud rather than +of copyright. But in 1528 Duerer's widow obtained from the Nuremberg +authorities exclusive privilege for his works, and in that year the +magistrates went so far in protecting Duerer'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 reengravings of some +of Duerer'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 Duerer case. + +The coordinate 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 "_buecher_" and "_autores_" and an imperial patent of +1685 made the curious distinction between "privileged" and +"unprivileged" works, which Puetter, reputed the German apostle of the +modern theory of property in literary productions, writing in 1764, +explains as meaning respectively "non-individual" and "individual" +(_eigenthuemlich_) 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. + +{Sidenote: In Italy: Venice} + +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 +"Phoenix," 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 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 _quasi_ patent right; +and rights for other languages were granted to other printers. + +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. + +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 previously granted and decreed that privileges +should thereafter be granted only by two-thirds vote and for a new work +(_opus novum_) "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. + +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 _libraires jures_ in France; and its regulations, +aiding the censorship, incidentally defined literary property and +protected copyrights. + +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. + +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: "_testamur_ from the ducal secretary; +certificate from the Rifformatori of the University of Padua; +_imprimatur_ 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 library; examination by experts appointed by the +Proveditori to establish the market price of the book." + +{Sidenote: Florence} + +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. + +{Sidenote: Control by the Church} + +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 _index expurgatorius_ 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 _index_ 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. + +{Sidenote: In France} + +In France, after the invention of printing, the functions of the +_libraires jures_, under the authority given by the King through the +University of Paris, naturally 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 chateau 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. + +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. + +{Sidenote: In England} + +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. + +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 +"twelve honest and discreet persons," "too high and unreasonable +prices." + +{Sidenote: Book restriction} + +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. + +{Sidenote: Early English protection} + +Henry VIII granted many printing privileges, and in 1530 the first +English copyright to an author was 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. + +{Sidenote: The Stationers' Company} + +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 without consent of the _owner_, 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 _facsimile_. 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." + +{Sidenote: Statutory provisions} + +In 1649 Parliament provided a penalty of 6_s._ 8_d._ 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, 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 L50,000, 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. + + + + +III + +THE DEVELOPMENT OF STATUTORY COPYRIGHT IN ENGLAND + + +{Sidenote: The statute of Anne as foundation} + +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. + +{Sidenote: Its relations to common law} + +{Sidenote: The crucial cases} + +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 _v._ +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 case of Millar _v._ 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 _v._ Becket, this +decision was appealed from, and the issue was carried to the highest +tribunal, the House of Lords. + +{Sidenote: The Judges' opinions} + +The House of Lords propounded five questions to the judges. These, with +the replies,[1] were as follows: + +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. + +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. + +III. If such action would have lain at common law, is it taken away by +the statute of 8th Anne? And is 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. + +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. + +V. Whether this right is any way impeached, restrained, or taken away by +the statute of 8th Anne? Yes, 6 to 5. + + Footnote 1: 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. + +{Sidenote: The Lords' decision} + +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 _v._ Becket, of the statute of Anne, has practically "laid +down the law" for England and America ever since. + +{Sidenote: Protests} + +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. + +{Sidenote: Supplementary legislation} + +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, the need for such a law having been shown in the case of +Beckford _v._ 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. + +{Sidenote: The Georgian period} + +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. + +{Sidenote: Legislation under William IV} + +In the reign of William IV the dramatic copyright act of 1833 (3 William +IV, c. 15) became, and in part 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. + +{Sidenote: The Victorian act of 1842} + +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 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. + +{Sidenote: Protection of designs} + +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. + +{Sidenote: Subsequent acts} + +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 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. + +{Sidenote: The Royal Commission report of 1878} + +"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. + +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 provisions for the +prohibition of the importation of copyright books. + +{Sidenote: Later legislation} + +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. + +{Sidenote: International copyright} + +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. + +{Sidenote: Musical copyright} + +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 +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. + +{Sidenote: Committee report of 1909} + +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 _projet de loi type_ (model bill) on +copyright, drafted by the International Literary and Artistic +Association, and an artistic copyright bill drafted by the Artistic +Copyright Society. + +{Sidenote: Imperial copyright conference of 1909} + +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. + +{Sidenote: The pending bill} + +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 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. + +{Sidenote: Design patents} + +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 +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. + +{Sidenote: Common law rights} + +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. + + + + +IV + +THE HISTORY OF COPYRIGHT IN THE UNITED STATES + + +{Sidenote: Constitutional provision} + +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. + +{Sidenote: Early state legislation} + +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. + +{Sidenote: The act of 1790} + +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 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. + +{Sidenote: 1802-1867} + +{Sidenote: The revised act of 1870} + +{Sidenote: 1874-1882} + +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, 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. + +{Sidenote: International copyright legislation, 1891} + +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 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 _ad interim_ copyright for one year of books published +abroad if registered here within thirty days publication and bearing +notice of reservation. + +{Sidenote: Private copyright acts} + +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. + +{Sidenote: American possessions} + +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. 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. + +{Sidenote: The American code of 1909} + +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. + +{Sidenote: State protection of playright} + +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, 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. + +{Sidenote: Citations} + +{Sidenote: Trade-Mark act} + +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." + +{Sidenote: Common law relations} + +The act of 1790 received an interpretation, in 1834, in the case of +Wheaton _v._ Peters (rival law reports), at the bar of the U. S. Supreme +Court, which placed copyright in the United States exactly in the +_status_ 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 _v._ Pollard, claim was made that this ruling +decision did not apply in New York, 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 _v._ 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. + +{Sidenote: Divided opinions} + +As in the English case of Donaldson _v._ 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. + + + + +V + +SCOPE OF COPYRIGHT: RIGHTS AND EXTENT + + +{Sidenote: General scope} + +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. + +{Sidenote: American provisions} + +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: + +"(a) To print, reprint, publish, copy, and vend the copyrighted work; + +"(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; + +{Sidenote: Oral addresses} + +"(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; + +{Sidenote: Dramas} + +"(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; + +{Sidenote: Music} + +"(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. + +{Sidenote: Previous American law} + +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. + +{Sidenote: Unpublished works} + +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 unpublished work without his consent, and to obtain damages +therefor." + +{Sidenote: Common law scope} + +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. + +{Sidenote: Common law in U. S. practice} + +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 _v._ 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. _v._ 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. + +{Sidenote: Statutory limitations} + +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 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. _v._ 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. + +{Sidenote: General rights} + +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 + +If it be a literary work he may (6) translate it, or (7) make any other +version thereof, or (8) dramatize it; or + +If a work for oral delivery he may (9) deliver or authorize delivery in +public for profit; or + +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 + +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 + +If a design for a work of art, he may (18) complete, execute, and finish +it, + +--all these being specifically reserved and granted to the author, +although in somewhat complex and overlapping phraseology, by the new +American code. + +{Sidenote: Inferential rights} + +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. + +{Sidenote: Differentiated rights} + +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. + +{Sidenote: Court protection} + +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." + +{Sidenote: Division of rights} + +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 +"_getheiltes Verlagsrecht_," in France as "_edition partagee_," 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, 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. + +{Sidenote: Analysis of property rights} + +In an elaborate discussion of fundamental principles in his opinion in +Harper _v._ 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 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." + +The courts have indeed held to very broad principles as to such rights. +In the case of Press Pub. Co. _v._ Monroe, the court said: + +{Sidenote: Broad interpretation} + +"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." + +{Sidenote: Limits of protection} + +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. + +{Sidenote: Differentiated contracts} + +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 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. + +{Sidenote: Enforcement in limited grants} + +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. + +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 +specifically provided in the law under recorded assignment of the entire +copyright. + +{Sidenote: Copyright as monopoly} + +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. _v._ 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 _v._ Christian Press Association, in +the Appellate Division of the 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." + +{Sidenote: Limit only in term} + +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 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. + +{Sidenote: Altered theory of copyright} + +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. + +{Sidenote: Publishing} + +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 in intellectual +property as a natural and inherent right. + +{Sidenote: What constitutes publishing} + +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 _v._ Jewellers' Weekly Pub. Co. in 1898, and in the opinion by +Judge Putnam of the U. S. Circuit Court in Massachusetts in Ladd _v._ +Oxnard in 1896, both having reference to credit-rating books leased to +subscribers for their individual use. + +{Sidenote: "Privately printed" works} + +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. + +{Sidenote: Copying} + +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 the chapter on mechanical music, the U. S. Supreme Court +in White-Smith _v._ Apollo Co. in 1908 upheld the decision below that a +perforated roll is not a _copy_ 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." + +{Sidenote: Vending} + +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: + +{Sidenote: Control of sale} + +"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 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." + +{Sidenote: Specific relation to copyrights: the Macy cases} + +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. + +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." + +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." + +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 dealers from whom the purchases were made +to violate the agreement with the publishers. + +{Sidenote: The Bobbs-Merrill case} + +In the leading case of Bobbs-Merrill Co., appellant, _v._ 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." + +{Sidenote: The Scribner case} + +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 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. + +{Sidenote: English underselling case} + +In the English case of Larby _v._ 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. + +{Sidenote: Suits under state law} + +The Macy cases included suits in the New York State courts by Straus +_v._ American Publishers' Association _et al._, 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 the +copyright proprietor against certain provisions of the anti-trust laws, +state or national. + +{Sidenote: Translating} + +{Sidenote: "Other version"} + +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 _vice versa_. 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. + +{Sidenote: Translating term} + +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 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. + +{Sidenote: Oral delivery} + +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. + +{Sidenote: "Publicly and for profit"} + +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, 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. + +{Sidenote: Material and immaterial property} + +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." + +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, and payment are concerned, he would have "lawfully obtained" +it. + +{Sidenote: Schemes not copyrightable} + +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 _v_. +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. + +{Sidenote: The new British code} + +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." + +"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 _v_. Valley Printing Co. in the +English Court of Appeal. As to published works, the new code continues +the settled law reiterated as late as 1910 in Monckton _v_. 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. + +{Sidenote: Foreign statutes} + +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. + +{Sidenote: International provisions} + +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. + +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. + + + + +VI + +SUBJECT-MATTER OF COPYRIGHT: WHAT MAY BE COPYRIGHTED + + +{Sidenote: Subject-matter in general} + +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. + +{Sidenote: Classification} + +The new American code gives the following classification of +copyrightable works: + +"(Sec. 5.) That the application for registration shall specify to which +of the following classes the work in which copyright is claimed belongs: + +"(a) Books, including composite and cyclopaedic works, directories, +gazetteers, and other compilations; + +"(b) Periodicals, including newspapers; + +"(c) Lectures, sermons, addresses, prepared for oral delivery; + +"(d) Dramatic or dramatico-musical compositions; + +"(e) Musical compositions; + +"(f) Maps; + +"(g) Works of art; models or designs for works of art; + +"(h) Reproductions of a work of art; + +"(i) Drawings or plastic works of a scientific or technical character; + +"(j) Photographs; + +"(k) Prints and pictorial illustrations: + +"_Provided, nevertheless_, That the above specifications shall not be +held to limit the subject-matter of copyright as defined in section four +of this Act, nor shall any error in classification invalidate or impair +the copyright protection secured under this Act." + +{Sidenote: Prints and labels excluded} + +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. + +{Sidenote: All the writings of an author} + +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. + +{Sidenote: Component parts} + +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." + +{Sidenote: Compilations, new editions, etc.} + +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 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." + +{Sidenote: Non-copyrightable works} + +The provisions of the law regarding the subject-matter of copyright are +completed by the negative provision: + +"(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: _Provided, however_, That the publication or +republication by the Government, either separately or in a public +document, of any material in which copyright is subsisting shall not be +taken to cause any abridgment or annulment of the copyright or to +authorize any use or appropriation of such copyright material without +the consent of the copyright proprietor." + +{Sidenote: Government use} + +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 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. + +{Sidenote: "Author" and "writing" definitions} + +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 _book_" (Webster), and "writing" variously as +"a record made by _hand_," "a production of the _pen_," "any expression +of thought in _visible_ words" (Century); "anything expressed in +_letters_" (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 _legible_ 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. + +{Sidenote: Interpretation by Congress and courts} + +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 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. + +{Sidenote: Supreme Court decisions} + +The U. S. Supreme Court, in 1884, in the decision of Burrow-Giles Lith. +Co. _v._ 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 +_performance_ 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 _v._ Hurst: "It is the +intellectual production 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." + +{Sidenote: Originality and merit} + +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 _v._ Lane, in which a +_verbatim_ 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. e._ 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." + +{Sidenote: "Book" definitions} + +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 and cyclopaedic works, +directories, gazetteers, and other compilations"; but our judges have +agreed with the English view, Judge Thompson holding, in 1828, in +Clayton _v._ 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. + +{Sidenote: Inclusions adjudicated} + +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 +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. + +{Sidenote: Exclusions adjudicated} + +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. + +{Sidenote: Inclusions defined} + +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: + +"(4, _a_) _Books._--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; encyclopaedias; 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." + +{Sidenote: Exclusions defined} + +On the other hand, definitions are made negatively that: + +"(5) The term 'book' can not be applied to-- + +"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. + +"Directions on scales, or dials, or mathematical or other instruments; +puzzles; games; rebuses; labels; wrappers; formulae on boxes, bottles, +and other receptacles of articles for sale or meant to accompany such +articles. + +"Advertisements or catalogues which merely set forth the names, prices, +and places where articles are for sale. + +"Prefaces or other introductory matter to works not themselves entitled +to copyright protection, such as blank books. + +"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." + +The Rules also make the following negative definitions: + +"(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." + +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. + +{Sidenote: Blank books} + +In the case of Everson _v._ 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. + +"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 _for use in themselves_ 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 are accepted as proper subject-matter for copyright by the +Copyright Office. + +{Sidenote: Combinations and arrangements} + +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. + +{Sidenote: Advertisements} + +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 _v._ 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 _v._ +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 _v._ 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 +_v._ 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 _v._ Benjamin, the Chancery Division held a sheet of +advertising illustrations with headlines and prices a book. + +{Sidenote: Undistinctive advertising not protectable} + +An advertisement _per se_ 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 _v._ 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 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. + +{Sidenote: New editions} + +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, _quoad_ those, it +is a new work." So in 1870, in Black _v._ 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 _Belgravia_ +case, unless having association in the public mind as a trade-mark. In +any event, the copyright on a new 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). + +{Sidenote: Copyright comprehensive} + +"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 _v._ 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." + +{Sidenote: Non-copyrightable parts excepted} + +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 +_v._ Longman. But when copyright is claimed on a work partly composed of +uncopyrightable matter the courts may require the 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. + +{Sidenote: Book illustrations} + +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 _v._ Kalem, Judge Lacombe in the U. +S. Circuit Court in New York protected certain illustrations in "Ben +Hur" against their reproduction in moving pictures. + +{Sidenote: Translations} + +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 "_copies_ of +her _book_." 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 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. + +{Sidenote: Translator's rights} + +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. + +{Sidenote: English practice} + +In England, while the right of translation may be 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. + +{Sidenote: Translations in international relations} + +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. + +{Sidenote: Foreign translators} + +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 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. + +{Sidenote: Abridgments} + +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 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. + +{Sidenote: Compilations} + +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 cyclopaedic 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. + +{Sidenote: Collections} + +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. +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 +_v._ 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. + +{Sidenote: Titles} + +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 _per se_, 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 _v._ Allen as to the periodical _Our +Young Folks_, 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. + +{Sidenote: Changed titles} + +Conversely, the publication of a copyrighted work under a changed title, +with the original notice of copyright, would probably not invalidate the +copyright, though it would make identification more difficult and +prevent the copyright certificate being _prima facie_ 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. + +{Sidenote: General titles} + +General titles cannot in any way be protected. The publishers of the +"_Bibliographie Universelle_," 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. + +{Sidenote: Titles as trade-marks} + +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 _Bell's +Life_ and the _London Journal_, and again came before the courts in the +important case of Weldon _v._ 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 _v._ 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. + +{Sidenote: "Chatterbox" cases} + +In the several American "Chatterbox" cases, 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 _v._ 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. + +{Sidenote: Other title decisions} + +In 1888 the publishers of _Life_ and of "The good things of _Life_" +obtained an injunction from the N. Y. Supreme Court, in Mitchell & +Miller _v._ 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 _v._ +Rupert, Judge Coxe in the U. S. Circuit Court of Appeals in New York, on +suit of the publishers of _Comfort_, restrained the use of the title +_Home Comfort_ 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 _Comfort_ is "a standard +English word not fanciful or manufactured." This defence had precedent +in the doubt expressed by Lord Cairns in 1867 in the _Belgravia_ case, +cited beyond, as to copyright protection of a single word, and in the +decision of Judge Curtis in Isaacs _v._ Daly, in the N. Y. Superior +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 _v._ 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. + +{Sidenote: Projected titles} + +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 _v._ Hogg, in 1867, in relation to the magazine +_Belgravia_, 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 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. + +{Sidenote: Projected works not copyrightable} + +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 _caveat_ 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. + +{Sidenote: Immoral works} + +There can be no copyright in an immoral book, and Lord Eldon, in Southey +_v._ 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 _v._ 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 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. + +{Sidenote: Periodicals} + +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. + +{Sidenote: Definition of periodicals} + +The new Rules and Regulations of the Copyright Office define periodicals +as follows: + +"(6) 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." + +{Sidenote: Periodicals under manufacturing clause} + +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. + +{Sidenote: Periodicals copyrightable by numbers} + +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. + +{Sidenote: News} + +In respect to news, there is no provision in the new 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 _Herald_ copyrighted without question +Dr. Cook's Arctic dispatches, and the question as to the copyright by +the New York _Times_ 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." + +In 1892 Justice North in the English Court of Chancery, in Walter _v._ +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. _v._ West. Union Tel. Co., the U. S. Circuit +Court of Appeals protected news on ticker tapes, and in 1910, in Press +Assoc. _v._ Reporting Agency, the English Chancery Division protected +election reports on the last-named ground alone. + +{Sidenote: British Periodicals} + +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 _Times'_ memoir of +Beaconsfield was reprinted as a penny pamphlet, the _Times_ 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. + +{Sidenote: Oral works} + +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 _v._ Hutchinson, in 1825, Lord Chancellor Eldon +protected Dr. Abernethy against the publication of notes of unwritten +medical lectures, evidently obtained through a student hearer. + +{Sidenote: Newspaper reports} + +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 _verbatim_ 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. + +{Sidenote: Lectures in England} + +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. + +{Sidenote: Letters} + +Letters are not specified either in English or American statutes under +copyright law. A private letter has been held an unpublished +manuscript, the right 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 _v._ 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 _v._ +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 _v._ 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 _v._ Pennell, Whistler's +executrix was denied an injunction to prevent the use of biographical +information obtained from the receivers of letters. But _obiter dicta_ +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. 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 subpoena telegraph companies to produce +the originals or transmittal records of telegrams in court, and thus +make them _quasi_ 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 _in esse_. The receiver of a +letter has probably a right to destroy it at his will, unless the writer +has required its return to him. + +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. + +{Sidenote: Designs patentable} + +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." + +{Sidenote: Foreign practice} + +"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. + +{Sidenote: International definition} + +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. + + + + +VII + +OWNERSHIP OF COPYRIGHT: WHO MAY SECURE COPYRIGHT + + +{Sidenote: Persons named} + +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." + +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. + +{Sidenote: The author primarily} + +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, +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." + +{Sidenote: Claimant's right to register} + +The Register of Copyrights is not a _quasi_ 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 +_v._ 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 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. + +{Sidenote: Employer as author} + +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 encyclopaedia, 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 _v._ 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 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. + +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 _v._ +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. + +{Sidenote: Implied ownership} + +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. + +{Sidenote: Protection outside of copyright} + +Most of the cases arising as to ownership are, in fact, issues outside +of copyright law, as when in 1883 in Clemens _v._ 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 _v._ 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 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. + +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 _nom de +plume_ of settled use independent of copyright or trade-mark was held in +Landa v. Greenberg in 1908, in Chancery Division. + +{Sidenote: Work in cyclopaedias} + +When, as in the case of a cyclopaedia, 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 _v._ Aflalo, the House of Lords, in 1903, reversing the lower +courts, protected the proprietors of an encyclopaedia 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 +encyclopaedia 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." + +{Sidenote: Association of author's name} + +The right of a contributor to have his name associated with his work in +the case of an encyclopaedia, at issue in Basil Jones _v._ 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. + +{Sidenote: Added material and alteration} + +Where a publisher had affixed additional material to a copyrighted book, +the author was denied relief in Holloway _v._ 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 _v._ 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. + +{Sidenote: Separate registration of contributions} + +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. + +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 _prima facie_ evidence of ownership in his +specific contribution, 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 _Smart Set_ +as adjudicated in the case of Dam _v._ Kirke La Shelle Co., cited in the +chapter on dramatic and musical copyright, and thus remove possible +doubt as to ownership. + +{Sidenote: Anonymous works} + +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. + +{Sidenote: Joint authorship} + +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 1902, in Mifflin _v._ 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. + +{Sidenote: Corporate bodies} + +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 _v._ 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. + +{Sidenote: Posthumous works} + +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. + +{Sidenote: The Peary cases} + +{Sidenote: Opposing decisions} + +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 _Herald_ procured from Dr. +Cook his account of his journey and copyrighted it on its publication in +the _Herald_,--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 _Times_ had contracted with him before +his departure in the previous year. The Peary report was published +simultaneously by the New York _Times_ and the London _Times_, but the +difference of five hours enabled the correspondents of the New York +_Sun_ and _World_ to cable the report to their respective papers in time +for publication at the same hour in America as in the New York _Times_. +Anticipating this course, the New York _Times_ 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 _Times_ gave to the _Times_ only +the right to news publication and specifically reserved to Peary +magazine and book rights. He inferred thus that the _Times_ 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 _Inter-Ocean_ and other +Chicago papers, and with the contract before him, maintained the +copyright by the _Times_. 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 _Times_ authority to protect the report sent to it by +cable, while reserving to himself rights in magazine or book publication +of his material, whether in the same or different form. + +{Sidenote: Renewal rights} + +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. + +{Sidenote: Assignments} + +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: + +"(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. + +"(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 _prima facie_ evidence of the +execution of the instrument. + +{Sidenote: Assignment record} + +"(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. + +"(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. + +{Sidenote: Substitution of name} + +"(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." + +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 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. + +{Sidenote: Witnesses} + +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. + +{Sidenote: "Outrights" and renewal} + +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 +_original_ 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 back to "the original proprietor," +does make such limitation. + +{Sidenote: Proof of proprietorship} + +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 _v._ Richardson, where a son +copyrighted paintings by his father and failed to prove that they had +not before been published, and in Saake _v._ 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. + +{Sidenote: Foreign citizens} + +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: + +"(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 + +"(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. + +"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." + +{Sidenote: Earlier provisions} + +The Revised Statutes formerly extended copyright to "a citizen of the +United States or _resident therein_ or his widow or children," and the +act of 1891 provided for a _quasi_ international copyright on a basis +similar to that in subsection (b), cited above, of the law of 1909, _i. +e._ 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." + +{Sidenote: Residence} + +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. + +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 _v._ Boosey, the House of Lords, +after consulting the judges, of whom 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 _v._ 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. + +{Sidenote: Intending citizens} + +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. + +{Sidenote: Time of first publication} + +"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 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. + +{Sidenote: Non-qualified authors cannot transfer} + +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 _v._ 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 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." + +{Sidenote: Foreign ownership} + +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. + +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. + +{Sidenote: Proclaimed countries} + +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; (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. + +{Sidenote: Under act of 1909} + +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. + +{Sidenote: Buenos Aires convention} + +The ratification of the Buenos Aires convention 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. + +{Sidenote: The new British code} + +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. + +{Sidenote: Foreign practice} + +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." + + + + +VIII + +DURATION OF COPYRIGHT: TERM AND RENEWAL + + +{Sidenote: Historic precedent} + +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. + +{Sidenote: Previous American practice} + +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. + +{Sidenote: Term in code of 1909} + +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." + +{Sidenote: Renewal} + +The provisions as to renewal are in full as follows (sec. 23): +"_Provided_, That in the case of any posthumous work or of any +periodical, cyclopaedic, 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: _And provided further_, That in the case of any other +copyrighted work, including a contribution by an individual author to a +periodical or to a cyclopaedic 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: _And provided +further_, 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." + +{Sidenote: Extension of subsisting copyrights} + +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: _Provided, however_, 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: _Provided_, 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." + +{Sidenote: Assignee of unpublished manuscripts} + +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 _v._ 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, the new owner as the +original copyright proprietor may claim renewal, or whether the author +might reclaim the right. + +{Sidenote: Extension of subsisting renewals} + +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. + +{Sidenote: Publishers' equities} + +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. + +{Sidenote: Estoppel of renewal} + +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__." + +{Sidenote: Life term and beyond} + +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. + +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, 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. + +{Sidenote: Unpublished works} + +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. + +{Sidenote: Publication as date of copyright} + +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 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. + +{Sidenote: Serial publication} + +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. + +{Sidenote: Joint authorship} + +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 music was out of copyright, but that the libretto was +protected because one of its three joint authors was still living. + +{Sidenote: Termination by forfeiture or laches} + +A copyright is terminated _ipse facto_ 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 _laches_, that is, +carelessness in protecting one's rights, as by omission of the notice, +unless by accident or mistake, from particular copies (sec. 20). + +{Sidenote: Abandonment} + +A copyright may be terminated by voluntary abandonment or purposed +dedication as well as by expiration, forfeiture or _laches_. 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 Cyclopaedic 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. + +{Sidenote: In England} + +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 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 +encyclopaedias, 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 encyclopaedia) 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. + +{Sidenote: The new British code} + +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 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. + +{Sidenote: Perpetual copyright} + +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 price in +accordance with regulations by the Board of Trade. + +{Sidenote: Other countries} + +{Sidenote: International standard term} + +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. + +{Sidenote: Special categories} + +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. + + + + +IX + +FORMALITIES OF COPYRIGHT: PUBLICATION, NOTICE, REGISTRATION AND DEPOSIT + + +{Sidenote: General principles} + +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. + +{Sidenote: Previous American requirements} + +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. + +{Sidenote: Present American basis} + +The American code of 1909 substitutes an entirely different basis for +securing copyright. Copyright 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. + +{Sidenote: Provisions of 1909} + +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 _ad interim_ +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." + +{Sidenote: Publication} + +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, sold or distributed without his authority. The +Copyright Office Rules and Regulations (23) add to the definition of +publication the parenthetical explanation: "(_i. e._, 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 _v._ 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. + +{Sidenote: Copyright notice} + +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: (C), accompanied by the initials, monogram, mark, or symbol of the +copyright proprietor: _Provided_, 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." + +{Sidenote: Previous statutory form} + +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. _v._ 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. + +{Sidenote: Exact phraseology required} + +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 _v._ Routledge, by Vice-Chancellor +Kindersley, in 1864, or in the date of the entry, as in the American +case of Baker _v._ Taylor in 1848, when 1847 was put for 1846, makes the +copyright invalid. + +{Sidenote: Name} + +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. _v._ Sarony, by the U. S. Supreme Court. + +{Sidenote: Date} + +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 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 _v._ +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 _v._ Wogram, also in 1888. In Snow _v._ Mast in 1895, the +substitution for 1894 of the abbreviated '94, and in Stern _v._ Remick +in 1910, the use of words or Roman numerals for Arabic, were upheld. + +{Sidenote: Accidental omission} + +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." + +{Sidenote: Place of notice} + +It is further provided (sec. 19): "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: _Provided_, That one notice of +copyright in each volume or in each number of a newspaper or periodical +published shall suffice." + +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 _v._ 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. + +{Sidenote: One notice sufficient} + +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 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. _v._ 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. + +{Sidenote: Separate volumes} + +{Sidenote: Different dates} + +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 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 _v._ 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. + +{Sidenote: Notice part of initial step} + +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. + +{Sidenote: Extraterritorial notice} + +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. e._ on foreign editions, was +impracticable and unnecessary; and this view is specifically adopted in +the new code. In 1905, in Harper _v._ Donohue, it was held by Judge +Sanborn, in the U. S. Circuit Court, 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 _v._ 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. + +{Sidenote: Successive editions} + +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 _v._ 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. + +{Sidenote: False copyright notice} + +Provision is specifically made against false notice of copyright by the +enactment (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," and the importation of any article bearing a notice of +copyright when no American copyright exists is absolutely prohibited +(sec. 30). + +{Sidenote: Ad interim protection} + +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 _ad interim_ 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. + +{Sidenote: Substitution of name} + +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, as partial +assignment. Substitution without authority of law voids copyright, as +was held in Record & Guide Co. _v._ Bromley in 1910, where another trade +name of the copyright claimant was substituted for the original trade +name. + +{Sidenote: Registration} + +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 _v._ Estes, that publication before +deposit of copies voided the copyright. + +{Sidenote: Rules and regulations} + +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." + +{Sidenote: Application} + +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 +_v._ 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. + +{Sidenote: Certificate} + +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 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 _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." + +{Sidenote: Application requirements} + +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 be +exactly as indicated by the work itself. The day of publication must be +exactly stated, and the application cannot be made, therefore, until +_after_ 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 _ad interim_ 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). + +{Sidenote: Illustrations} + +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. + +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. + +{Sidenote: Periodicals} + +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 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. + +{Sidenote: Application cards} + +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 _pink_, except +as hereafter stated, lettered and numbered as follows: (A1) book by +citizen or resident of the United States; (A1. New ed.) new edition of +book by citizen or resident of the United States; (A1 for.) book by +citizen or resident of a foreign country, but manufactured in the United +States; (A2) 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 _blue_ +cards providing with specific instructions, (A1) for separate affidavit +of American manufacture from type set or plates made in the United +States, and (A2) for lithographic or photo-engraving process within the +United States; (A3) book by foreign author in foreign language; (A4) _ad +interim_ copyright--book published abroad in the English language; (A5) +contribution to a newspaper or periodical; (B1) periodical,--for +registration of single issue; (B2) periodical,--general application and +deposit, supplemented by a _white_ blank for depositing single +subsequent issues; (C) lecture, sermon, or address prepared for oral +delivery; (D1) published dramatic composition; (D2) dramatic composition +not reproduced for sale; (D3) dramatico-musical composition; (E1) +published musical composition; (E2) musical composition not reproduced +for sale--these supplemented by a _blue_ card (_U_), 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; (J1) photograph published for sale; +(J2) photograph not reproduced for sale; (K) print or pictorial +illustration; (R1) renewal of copyright subsisting in any work; (R2) +extension of a renewal copyright subsisting in any work. Thus an +applicant for copyright on an American book should send for card (A1), +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 _blue_ card +(_A_1), or if lithographic or photo-engraving is used he should obtain +also the special _blue_ card (_A_2). A dramatic applicant should send +for card (D1) or card (D3), respectively, for the entry of a dramatic or +dramatico-musical composition; or for (D2) 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 +(E1) or (E2) 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 (J1) or card (J2) respectively. + +{Sidenote: Certificate cards} + +Similar certificate cards, also of library size, uniformly _white_, 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 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. + +{Sidenote: Fees} + +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: _Provided_, 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 _cannot_ 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 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. + +{Sidenote: Deposit} + +The law provides that deposit copies shall be sent _promptly_ after +publication, and that _two complete_ copies of the _best_ 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. + +{Sidenote: Fragment not depositable} + +The deposit copy must be the complete work; a 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. + +{Sidenote: Typewriting publication and deposit} + +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. + +{Sidenote: Legal provisions} + +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." + +{Sidenote: Voiding by failure to deposit} + +In case of failure to deposit, the law of 1909 provides for penalties +and finally voiding of the copyright, 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." + +{Sidenote: Forfeiture by false affidavit} + +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. + +{Sidenote: Works not reproduced} + +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 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. + +{Sidenote: Second registration} + +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. + +{Sidenote: Free transportation in mail} + +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. + +{Sidenote: Loss in mail} + +Thus even if the deposit copies should not reach Washington, as in case +they were burned in the mail, the copyright proprietor can validate his +claim by production of the postmaster's receipt in lieu of deposit +copies. + +{Sidenote: Foreign works} + +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. + +{Sidenote: Ad interim deposit} + +In respect to books published abroad in the English language, _ad +interim_ 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 _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." + +{Sidenote: Completion of ad interim copyright} + +On such works the provisional copyright is made permanent under the +provision (sec. 22): "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." + +The _ad interim_ 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 +_ad interim_ 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, despite the _ad interim_ registration. When +an American-made edition with notice of copyright can be published in +America simultaneously with its publication abroad, _ad interim_ +protection is of course rendered unnecessary; and such simultaneous +publication is the simplest and best practice for publishers to adopt. + +{Sidenote: Omission of copyright notice} + +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 _ad interim_. 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. + +{Sidenote: Books only ad interim} + +_Ad interim_ protection seems to be confined exclusively to a book as +such, and therefore does not apply to articles in periodicals. + +{Sidenote: American authors not thus protected} + +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 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 _ad +interim_ 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. + +{Sidenote: Exact conformity required in formalities} + +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 _v._ 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 _v._ 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 _v._ 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 _v_. Peters, Justice McLean, in +delivering the judgment of the Supreme Court, held that while the right +"accrues," so that it may be protected in 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. + +{Sidenote: Expunging from registry} + +A false or unjustifiable entry of copyright may be expunged from the +registry by court order, as was done in the English case _Re_ Share +Certificate Book in 1908. + +{Sidenote: British formalities} + +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 +_prima facie_ 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 to +protect sculpture, engravings and musical compositions and in respect to +oral lectures. + +{Sidenote: The new British code} + +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. + +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. + +{Sidenote: Other countries} + +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, 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 L5, 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. + +{Sidenote: International provisions} + +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. + + + + +X + +THE AMERICAN MANUFACTURING PROVISIONS + + +{Sidenote: Manufacturing provision of 1891} + +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. + +{Sidenote: Text in 1909 code} + +The American code of 1909 follows this precedent in making manufacture +within the United States a _sine qua non_ 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 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." + +{Sidenote: Scope and exceptions} + +This manufacturing provision requires that every "book" except the +original text of a book of foreign origin, _i. e._, not by an American +writer in a language or languages other than English, or a book +published abroad in the English language seeking _ad interim_ +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. + +{Sidenote: Changes 1891-1909} + +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 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. + +{Sidenote: German-American instances} + +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 +_ad interim_ 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. + +{Sidenote: Dramas excepted} + +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 _v._ Ogilvie, in the U. S. Circuit +Court, by Judge Martin in 1909, and this decision under the old law is +applicable to the new code. + +{Sidenote: Exception of foreign original texts} + +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. + +{Sidenote: Exception of foreign illustrative subjects} + +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. + +{Sidenote: Affidavit requirement} + +To the manufacturing provision of the previous law has been added a new +affidavit requirement (sec. 16) as follows: + +"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." + +{Sidenote: Avoidance of errors} + +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 _after_ 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 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 _venue_, 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 _venue_. 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. + +{Sidenote: Forfeiture by false affidavit} + +In case of false affidavit, forfeiture of copyright is provided (sec. +17) as follows: + +"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." + +{Sidenote: Exact compliance necessary} + +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 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. + +{Sidenote: Importation questions} + +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. + +The provisions supplementing the manufacturing clause by prohibiting +importation are given in the chapter on importation. + +{Sidenote: Foreign manufacturing provisions} + +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 _index +expurgatorius_, 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." + +{Sidenote: English patent proviso} + +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. + + + + +XI + +DRAMATIC AND MUSICAL COPYRIGHT, INCLUDING PLAYRIGHT + + +{Sidenote: Dramatists' and composers' rights} + +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. + +{Sidenote: American provisions} + +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: + +{Sidenote: Copyright Office definitions} + +"8. _(d) Dramatic and dramatico-musical compositions_, such as dramas, +comedies, operas, operettas and similar works. + +"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.') + +"9. _Dramatico-musical compositions_ include principally operas, +operettas, and musical comedies, or similar productions which are to be +acted as well as sung. + +"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. + +"10. _(e) Musical compositions_, including other vocal and all +instrumental compositions, with or without words. + +"But when the text is printed alone it should be registered as a 'book,' +not as a 'musical composition.'" + +{Sidenote: Rights assured} + +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: + +"(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;... + +{Sidenote: Dramatic rights} + +"(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; + +{Sidenote: Musical rights} + +"(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. + +{Sidenote: Excepted performance} + +An exception to these exclusive rights is, however, made in the proviso +(sec. 28) "_Provided, however_: 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." + +This proviso is singularly defective in phraseology, as the phrase +"octavo choruses" has no musical significance and uses a music-trade +term to designate 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. + +{Sidenote: Performance "for profit"} + +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 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. + +{Sidenote: Works not reproduced} + +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. + +{Sidenote: Copyright notice} + +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. + +{Sidenote: Dramatico-musical works protected from mechanical +reproduction} + +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 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. e._, +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. + +{Sidenote: Dramatic and musical works excepted from manufacturing +provisions} + +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 _v._ 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 were not from +type set or plates made within the United States, was overruled; and for +drama in Hervieu _v._ 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. + +{Sidenote: British colonial practice} + +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. + +{Sidenote: Entry under proper class} + +{Sidenote: Applications and certificates} + +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 (D1) a dramatic composition, (D3) a dramatico-musical +composition and (E1) a musical composition, "published"; as also for +(D2) a dramatic composition (or a dramatico-musical composition) and +(E2) a musical composition, "not reproduced for sale." It would seem +advisable therefore that the author of an opera, oratorio or the like, +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). + +{Sidenote: Right of dramatization} + +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. + +{Sidenote: Dramatization term} + +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. + +{Sidenote: Musical arrangements} + +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 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. + +{Sidenote: Copyright Office definitions} + +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." + +{Sidenote: Transposition} + +In Hein _v._ 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. + +{Sidenote: Works in the public domain} + +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. + +{Sidenote: Dramatization right protected by courts} + +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 _v._ 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, 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 _v._ 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 Musee 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 _Smart Set_ 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 _v._ 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. + +{Sidenote: English law and practice} + +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 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 _v._ 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." + +{Sidenote: The new British code} + +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. + +{Sidenote: Infringement cases} + +A curious early case was that of Reade _v._ 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 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 _v._ 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 _v._ 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 _v._ 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." + +{Sidenote: Use of substantial quotations} + +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 _v._ 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 _v._ Seebohm, in the Court of +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. + +{Sidenote: Specific scenes or situations} + +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 _v._ 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 _v._ 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 _v._ 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 _de minimis non +curat lex_ was affirmed by the House of Lords in 1878. + +{Sidenote: What is a dramatic composition} + +{Sidenote: Judge Blatchford's opinion} + +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, 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 _v._ +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." + +{Sidenote: Judicial definitions} + +In a recent case of Barnes _v._ 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 +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 _v_. 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 _v._ Bishop, a music hall song "Come to +Peckham Rye" was similarly protected as a "dramatic piece." But in 1895, +in Fuller _v._ 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 _v_. 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 _v._ 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. + +{Sidenote: Moving pictures may be infringements} + +The opinion of Judge Blatchford was quoted and followed by the U. S. +Circuit Court of Appeals in New York, in 1909, in Harper _v._ 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 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 _v._ Pathe Freres 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. + +{Sidenote: Literary merit not requisite} + +The doctrine that copyright does not depend on literary merit, was +strengthened in a dramatic case in Henderson _v._ 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. + +{Sidenote: What is a dramatico-musical composition} + +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 _v._ Bemis, where the plaintiff sought to +protect a skirt dance of which she had filed a description for copyright +as a 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. + +{Sidenote: The new British code} + +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." + +{Sidenote: Protection of playright} + +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 use of an unpublished work and to obtain damages +therefor, is specifically confirmed (sec. 2), and this applies +especially to unregistered manuscripts. + +{Sidenote: Protection of unpublished work} + +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 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. + +{Sidenote: Indeterminate protection} + +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. + +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. + +{Sidenote: Printing and performance} + +The doctrine that performance is not publication was upheld by the N. Y. +Court of Appeals in Palmer _v._ DeWitt in 1872, in which the assignee of +the manuscript and playright of Robertson's drama "Play" 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 _v._ 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 _v_. 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 _v._ 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 _v_. 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. + +{Sidenote: English confusion} + +{Sidenote: Specific English provisions} + +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 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. + +{Sidenote: Probable effect} + +Thus common law rights, it would seem, in an unpublished and unperformed +dramatic or musical 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. + +{Sidenote: Publication prior to performance} + +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 _v._ 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 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. + +{Sidenote: The new British code} + +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. + +{Sidenote: British international protection} + +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 +_v._ Delafield, to a British author whose play had been first printed +and published as well as performed in America. In Boucicault _v._ +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 _v._ Boosey, above +cited. Great Britain 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. + +{Sidenote: Statutory ambiguity} + +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. + +{Sidenote: What is public performance} + +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 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 _v._ 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." + +{Sidenote: Manuscript rights} + +Common law rights in an unpublished manuscript of an unperformed work, +cover both copyright and playright. In 1894, in Gilbert _v._ 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 _v._ 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 _v._ 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. + +{Sidenote: American cases} + +The right of control of an unpublished dramatic manuscript under common +law was strengthened in Herne _v._ 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 _v._ 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. + +{Sidenote: Unpublished orchestral score} + +In 1883, in Thomas _v._ Lennon, where Gounod's "Redemption," of which +the orchestral score was unpublished, had been rewritten for orchestra +from a 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. + +{Sidenote: Dramatic work by employee} + +Copyright in dramatic work can be obtained, as in the case of +encyclopaedic and like works, by the employment for hire of a dramatic +author, as was fully established in the case of Mallory _v._ 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." + +{Sidenote: Copyright term} + +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 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. + +{Sidenote: Registration} + +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 _v._ +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. + +{Sidenote: Assignment} + +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 +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 _ipso facto_, 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 _v._ 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. + +{Sidenote: Parody} + +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 _v._ +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 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." + +{Sidenote: Infringement by single situation} + +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 _v._ 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 _v._ 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 _v._ Smith, where the song +"The ship on fire," sung dramatically without these accessories, was +protected as a dramatic piece. + +{Sidenote: Protection of title} + +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 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 _v._ 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 _v._ 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 _v._ 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 _v._ Ogilvie, in 1902. + +{Sidenote: Names of characters} + +In the case of Frohman _v._ 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. + +{Sidenote: Persons liable for infringement} + +{Sidenote: Principal in control} + +The question of the person liable for the infringement, 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, _par +excellence_, the infringer even if he does not know that the performance +is piratical. In 1886, in Monaghan _v._ 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 _v._ Day, Gregory, _et al._, 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. + +{Sidenote: Protection against "fly by night" companies} + +{Sidenote: State legislation} + +In the prevention or punishment of unauthorized performances by +irresponsible private companies, the 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 Office Bulletin No. 3, 1906, +"Copyright enactments of the United States," pages 105-115. + +{Sidenote: Remedies under present law} + +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. + +{Sidenote: Musical protection in England} + +{Sidenote: Acts of 1902-1906} + +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 reenacted 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 +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 they remain unrepealed, except as +to requirement of registration, under the new British code as adopted by +the House of Commons. + +{Sidenote: Playright in other countries} + +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. + +{Sidenote: International provisions} + +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 ('_oeuvres publiees_') must be understood, +according to the present convention, works which have been issued +('_oeuvres editees_')"--the English text here given being the official +translation of the U. S. Copyright Office. + +{Sidenote: Foreign protection of arrangements} + +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 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." + +{Sidenote: International definitions} + +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 ('_mise en scene_') of which are fixed in writing or +otherwise; musical compositions with or without words." "Adaptations, +arrangements of music, etc., are specially included," 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. + +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. + +{Sidenote: National formalities} + +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 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. + +{Sidenote: Specific reservations or conditions} + +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. + +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. + +{Sidenote: Pan American Union} + +In the Pan American Union, the Buenos Aires convention of 1910 +specifically includes dramatic and musical works as literary works, +without special provisions. + + + + +XII + +MECHANICAL MUSIC PROVISIONS + + +{Sidenote: "Canned music" contest} + +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: + +{Sidenote: Mechanical music provisos} + +{Sidenote: Compulsory license} + +"(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: _Provided_, 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: _And_ _provided further, and as a condition of extending the +copyright control to such mechanical reproductions_, 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: _And provided further_, 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. + +{Sidenote: Damages} + +"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. + +{Sidenote: Public performance} + +"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." + +This provision, though somewhat involved in form, tells its own story, +and there has thus far been no occasion for judicial construction. + +{Sidenote: The compromise result} + +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. + +{Sidenote: Judicial construction} + +In the case of the White-Smith Music Pub. Co. _v._ Apollo Co., in which +the AEolian Co. was supposed 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. + +This decision was confirmatory of an earlier decision, in Stern _v._ +Rosey in 1901, of Judge Shepard in the Court of Appeals in the District +of Columbia, that the mechanical reproduction of two copyrighted songs +could not be prevented under the existing law. + +{Sidenote: Punishment of infringement} + +Specific and elaborate provision is made for the punishment of +infringers under the mechanical music proviso (sec. 1, e) by sec. 25, e: + +{Sidenote: Notice to proprietor of intention to use} + +"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: _Provided also_, 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." + +{Sidenote: Copyright Office form and fees} + +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. + +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. + +{Sidenote: The constitutional question} + +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. + +{Sidenote: English law} + +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 AEolian. 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. + +{Sidenote: The new British code} + +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 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. + +{Sidenote: The Berne situation, 1886} + +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." + +{Sidenote: Lack of action at Paris, 1896} + +Despite strong representations at the congresses of the International +Association for the protection of literary property, held at London in +1890, Neufchatel 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. + +{Sidenote: The Berlin provision, 1908} + +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: + +"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. + +"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. + +"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. + +"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." + +{Sidenote: German precedents} + +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: + +"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." + +{Sidenote: Law of 1910} + +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 coordinately 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 _potpourris_, seems however still to be +permitted as a result of the law of 1901. + +{Sidenote: Germany and the United States} + +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." + +{Sidenote: French precedents} + +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 +_v. Societe des phonographes et gramophones_, 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 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. + +{Sidenote: Belgian precedents} + +In Belgium in 1904, in the suit of Massenet and Puccini _v. Compagnie +Generale des phonographes, et al._, 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. + +{Sidenote: Italian precedents} + +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 _Societa Italiana d. Autori v._ +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 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." + +{Sidenote: Other countries} + +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. + +{Sidenote: Argument for inclusion} + +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: + +"The American Copyright League stands, as it has stood for a quarter of +a century, simply and 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. + +{Sidenote: Inscribed writings} + +{Sidenote: Direct sound-writing} + +"The earliest _writing_ 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 +_graph-_, the Latin form _scrib-_, and the Saxon form _write_, 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 symbols. Mr. Edison has +himself made some experiments in this direction, though the confusion +from the overtones, which give _quality_ 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 _menu_ 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. + +{Sidenote: Music transmissal} + +"Moreover, invention is now developing a series of reproducing +mechanisms such as Dr. Cahill's 'telharmonicon' 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. + +{Sidenote: Music notation} + +"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 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. + +{Sidenote: The law prior to 1909} + +"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, _e. g._, 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. + +{Sidenote: Manuscript and copies} + +"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 _exclusive rights_ 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. +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.' + +{Sidenote: Protection of the inventor} + +{Sidenote: The counter argument} + +"The position taken by the American Copyright League is that an author +is literally entitled to the exclusive right, that is, the exclusive +_benefit_, in his writings, in whatever form the writings, that is, his +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 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." + +{Sidenote: Complete protection} + +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. + + + + +XIII + +ARTISTIC COPYRIGHT + + +{Sidenote: Threefold value in art works} + +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. + +{Sidenote: American provisions} + +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." + +{Sidenote: Copyright Office classification definitions} + +The new Copyright Office Rules and Regulations, promulgated 1910, define +these classifications in the following language: + +"11. _(f) Maps._--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. + +"12. _(g) Works of art._--This term includes all works belonging fairly +to the so-called fine arts. (Paintings, drawings, and sculpture.) + +"Productions of the industrial arts utilitarian in purpose and character +are not subject to copyright registration, even if artistically made or +ornamented. + +"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. + +"13. _(h) Reproductions of works of art._--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. + +"14. _(i) Drawings or plastic works of a scientific or technical +character._--This term includes diagrams or models illustrating +scientific or technical works, architects' plans, designs for +engineering work, etc. + +"15. _(j) Photographs._--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. + +"16. _(k) Prints and pictorial illustrations._--This term comprises all +printed pictures not included in the various other classes enumerated +above. + +"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. + +"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.' + +"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." + +{Sidenote: The question of exhibition} + +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 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. + +{Sidenote: Protection of unpublished work} + +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. + +{Sidenote: Copyright notice} + +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 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: (C), accompanied by the initials, +monogram, mark, or symbol of the copyright proprietor: _Provided_, 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." + +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. + +{Sidenote: Deposit} + +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." + +The new Copyright Office Rules and Regulations schedule (17) among +unpublished works that may be registered "(_c_) photographic prints; +(_d_) works of art (paintings, drawings, and sculpture), and (_e_) +plastic works," and states specifically as to the deposit in such cases: + +"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.) + +"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." + +As deposit in the case of an unpublished work 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. + +{Sidenote: Summary of requirements} + +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 +(J2, "photograph not reproduced for sale") is furnished on request, by +the Copyright Office from Washington,--with inclosure of one dollar. + +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. + +{Sidenote: Material and immaterial properties distinct} + +It is specifically provided (sec. 41) that copyright 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. + +{Sidenote: Manufacturing clause covers lithographs and photo-engravings} + +{Sidenote: Foreign subjects excepted} + +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 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. + +{Sidenote: German post cards} + +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. + +{Sidenote: Artistic merit unimportant} + +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. + +{Sidenote: Application forms} + +{Sidenote: Certificates} + +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; (J1) +photograph published for sale, (J2) photograph not reproduced for sale; +(K) print or pictorial 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. + +{Sidenote: Term in unpublished work} + +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. + +{Sidenote: Date not required} + +{Sidenote: Re-copyright objectionable} + +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 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 _v. Inter-Ocean_ 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. + +{Sidenote: Exhibition right transfer} + +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 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. + +{Sidenote: Early English decision} + +The leading case under English law as to exhibition is that of Turner +_v._ 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. + +{Sidenote: The Werckmeister leading case} + +The latest and leading case as to exhibition is that of Werckmeister +_v._ American Lithograph Co., American Tobacco Co., _et al._, 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." + +{Sidenote: U. S. Supreme Court opinion} + +"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." + +{Sidenote: Unrestricted exhibition hazardous} + +In fact, in Pierce & Bushnell Co. _v._ Werckmeister, in 1896, the U. S. +Circuit Court of Appeals, through 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. + +{Sidenote: Reservation on sale} + +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 _v._ +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. + +{Sidenote: Publication construed} + +The courts are disposed to limit the definition of publication to insure +the fullest protection of an author's right. In Werckmeister _v._ +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 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. + +In Falk _v._ 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 _v._ +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. + +{Sidenote: Danger of forfeiture} + +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. + +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 _v._ Gast in reference to copies from +which the notice had been separated. In Bennett _v._ 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. + +{Sidenote: Limited use and license} + +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 _v._ 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 _v._ +Parker, in 1901, it was held that a license to print illustrations in +the _Graphic_ 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 _v. Irish +Independent_, 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 _v._ +Leng, in 1896, the periodical _Sports_ 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. + +{Sidenote: Character, not method of use} + +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 _v._ Donaldson Lith. Co., in 1903, +the leading case on this subject, in which three lithographs designed +for a circus poster were protected. In Mott _v._ 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 _v._ 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 _v._ 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. + +{Sidenote: Illustration} + +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 +_v._ Kalem Co., in the opinion of the U. S. Circuit Court of Appeals in +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 _v._ 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. + +{Sidenote: Description of artistic work} + +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 _v._ 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. + +{Sidenote: Portraits} + +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. _v._ Falk, where the +_World_ 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 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 _v._ Ogden, in 1894, +by Justice Collins in the Queen's Bench Division. But in the case of +Ellis _v._ 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. + +{Sidenote: Right of employer} + +The employer of an artist in other work as well as portraiture may +become _ipse facto_ the copyright proprietor. In 1871, in Stannard _v._ +Harrison, where a wall map had been made by an engraver from rough +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 +_v._ 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. + +{Sidenote: Photographs} + +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. _v._ 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, 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 _v._ 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 _v._ 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 _v._ Gast by Judge Coxe. In the +English case of Bolton _v._ Aldin _et al._, 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 _Sketch_ +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." + +{Sidenote: Tableaux vivants and moving pictures} + +Whether living pictures, _tableaux vivants_, 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 even literary work, as well as possibly a work of art, as was decided +in the case of Harper _v._ Kalem Co. But the House of Lords, in 1894, in +the case of Hanfstaengl _v._ Baines, where the proprietor of the +copyright in paintings sued the proprietors of the _Graphic_ 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 _tableaux_ 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 _v._ 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 _v._ Breuker & Kessler +by Judge McPherson in the U. S. Circuit Court. + +{Sidenote: Exclusions and inclusions construed} + +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 _v._ Marks, in 1882, not to be subject +of copyright. Playing cards have been included as prints by an English +decision. + +{Sidenote: Architectural works} + +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 _v._ +Eisle, the Appellate 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. + +{Sidenote: Copy of a copy} + +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 _v._ 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 _v._ 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 _v._ Rosenthal, in the U. S. Circuit Court. + +{Sidenote: Alterations} + +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 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. _v._ Falk, in 1894, by the U. S. +Circuit Court of Appeals, through Judge Lacombe. So in the English case +of Bolton _v._ 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 _v._ 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 _v._ 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. _v._ +Neil, in 1900, by 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 _v._ 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 _v._ 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. + +{Sidenote: Remedies} + +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. + +{Sidenote: Artistic copyright term} + +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 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." + +{Sidenote: British practice} + +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 _v._ 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 lapsed when the original work was +sold by the artist without previous registration or written reservation, +a provision applied in 1909 in Hunter _v._ Clifford. + +{Sidenote: Sculpture provisions} + +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 _v._ Hanks, in 1902. Common law protected until and +statute law after publication, _i. e._ when the public in general is +first permitted to view the work. + +{Sidenote: Engraving provisions} + +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. + +{Sidenote: The new British code} + +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 is considered the author. Registration is no longer +required. + +{Sidenote: Foreign countries} + +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. + +{Sidenote: Berne convention, 1886} + +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, 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." + +{Sidenote: Paris declaration; 1896} + +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. + +"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. + +"It is understood that the authorized photograph 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." + +{Sidenote: Berlin convention, 1908} + +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." + +{Sidenote: Exhibition not publication} + +By the interpretative declaration adopted at Paris in 1896, it was +specifically provided (sec. 2): "By _published_ 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." + +{Sidenote: Pan American Union} + +In the Pan American Union, the Buenos Aires convention of 1910 covers +artistic works on the same basis as literary works, without special +provisions. + + + + +XIV + +INFRINGEMENT OF COPYRIGHT: PIRACY, "FAIR USE" AND "UNFAIR COMPETITION" + + +{Sidenote: Piracy} + +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 _status_. +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. + +{Sidenote: Test of piracy} + +"The true test of piracy," said Judge Shipman in the U. S. Circuit Court +in 1875, in Banks _v._ McDivitt, is "whether the defendant has in fact +used the plan, 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 _v._ 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 _pro tanto_. 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." + +{Sidenote: Infringement in specific meaning} + +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. + +{Sidenote: Questions of fact and intent} + +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 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 _v. +Irish Independent_, 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. _v._ 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 _v_. 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. + +{Sidenote: "Fair use"} + +"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 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 _non +curat lex_. 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. + +{Sidenote: Principle of infringement} + +"Copying is not confined to literal repetition," said Judge Clifford, in +Lawrence _v._ 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 _v._ "Sol" Syndicate, in 1901, of holding a +work an infringement, though less than a page was taken from the +plaintiff's football guide. + +{Sidenote: Infringement by indirect copying} + +Infringement may be by indirect as well as by direct copying. In the +case of Cate _v._ 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 _v._ Pitman, in +1884, to be an infringement of the lecture as much as if in ordinary +type. + +{Sidenote: Exceptions from infringement} + +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 _v._ 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 _data_, 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. _v._ Seaver Radford Co., that a verification by actual canvass from +a list of discrepancies made up from the earlier work was beyond fair +use. + +{Sidenote: Infringement by abridgment and compilation} + +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 "_retranchements_" 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. 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. + +{Sidenote: Abridged compilations} + +A curious complaint of infringement by abridgment was made in Gabriel +_v._ 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. + +{Sidenote: Separation of infringing parts} + +The general principles as to quotation beyond "fair use" were well laid +down by Lord Chancellor Eldon, in the early English case of Mawman _v._ +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. 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." + +{Sidenote: Law digests} + +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 _v._ 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 _v._ Bender, in 1911. + +{Sidenote: Proof from common errors} + +As to proof from common errors, it had been held in 1895, in the case of +Chicago Dollar Directory Co. _v._ 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 _v._ Welsh, _Re_ +Brightly Pennsylvania reports, in 1904, the U. S. Circuit Court held +that repetitions of errors in citations were evidence of infringement by +the author of his own reports published under an earlier contract by the +plaintiffs; and in 1911, in Shepard _v._ Taylor, Judge Hazel held that +common errors were _prima facie_ proof of infringement. + +{Sidenote: Infringement in part} + +{Sidenote: No infringement of piracies or frauds} + +In the important case of West Pub. Co. _v._ 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 _v._ Kellerstrass, Judge Philips enjoined the whole work +because the infringing parts were not separable. In 1903, in Thompson +Co. _v._ American Law Book Co., where the editor of the defendant's law +encyclopaedia 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 +_v._ 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 the later case of West Pub. Co. _v_. Thompson Co., where the +publishers of the original reports and digests sought to restrain the +Thompson encyclopaedias, 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 encyclopaedia to the plaintiff. +Reference to a copyright work giving pagination is not an infringement, +as was decided in 1909, in Banks Law Pub. Co. _v._ Lawyers Co-operative +Pub. Co., in the U. S. Circuit Court of Appeals. + +{Sidenote: Quotation} + +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 _v._ Steinkopff, held +that the use by the _St. James Gazette_ of two fifths of an article by +Kipling, copyrighted by the _Times_, 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. + +{Sidenote: Private use} + +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, and such use is specifically permitted in +the new English code. + +{Sidenote: The doctrine of "unfair competition"} + +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. + +{Sidenote: The doctrine of deceptive intent} + +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. + +{Sidenote: The "Chatterbox" cases} + +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. + +{Sidenote: Encyclopaedia Britannica cases} + +In the series of Encyclopaedia 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 +_v._ 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 cyclopaedia, did not endanger the copyright. In +1904, in Encyclopaedia Britannica Co. _v._ Tribune Association, Judge +Lacombe in the U. S. Circuit Court enjoined condensations of the +copyrighted American articles. But in Black _v._ Ehrich and other cases, +the complainants were not successful in obtaining an injunction against +the use of the title Encyclopaedia Britannica on reprints of +non-copyright material which did not mislead the public. + +{Sidenote: Webster Dictionary cases} + +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 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. + +{Sidenote: "Old sleuth" cases} + +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. + +{Sidenote: Other title decisions} + +In 1894 Judge Green, in the U. S. Circuit Court in New Jersey, in Social +Register Association _v._ 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 +_Franklin Square Library_, obtained from the U. S. Circuit Court, +through Judge Waite, an injunction against the Franklin Square Library +Company for violation of their trade-mark rights in the name. + +{Sidenote: Rebound copies} + +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 _v._ +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. + +{Sidenote: The Kipling case} + +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 _v._ Cupples & Leon, the plaintiffs obtained damages for a +series of books closely imitating the 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 _v._ Douglas Post Card Co., by Judge McPherson in +the U. S. Circuit Court. + +{Sidenote: Burlesqued title} + +The suit to enjoin the use of a reversed or burlesque title, when the +_Boston Herald_ 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. + +{Sidenote: The Drummond case} + +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 _British Weekly_, +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." + +{Sidenote: The new British code} + +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. + + + + +XV + +REMEDIES AND PROCEDURE + + +{Sidenote: Protection and procedure} + +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. + +{Sidenote: Injunction} + +The first protection given by the statute is the injunction usual in +equity proceedings, following the precedent of early legislation. + +{Sidenote: Damages} + +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 +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. + +{Sidenote: One suit sufficing} + +Injunction, damages and profits, and delivery of infringing copies or +means of production, are covered in the single suit to protect the +copyright. + +{Sidenote: Deposit of infringing articles} + +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. + +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: + +"(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: + +{Sidenote: Remedies specified} + +"(a) To an injunction restraining such infringement; + +"(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: + +"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; + +"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; + +"Third. In the case of a lecture, sermon, or address, fifty dollars for +every infringing delivery; + +"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; + +{Sidenote: Impounding} + +"(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; + +"(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; + +{Sidenote: Supreme Court rules} + +"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. + +{Sidenote: Court jurisdiction} + +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 _v._ Bates, in 1897, +Judge Putnam in the U. S. Circuit Court in Massachusetts remanded the +case back to the State 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. + +{Sidenote: Limitation} + +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. + +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 +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. + +{Sidenote: Text of procedure provisions} + +The text of these provisions is as follows: + +"(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. + +{Sidenote: Proceedings united in one action} + +"(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." + +{Sidenote: Jurisdiction in copyright cases} + +"(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. + +"(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. + +{Sidenote: Injunction provisions} + +"(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 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. + +"(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. + +{Sidenote: Appeal} + +"(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. + +{Sidenote: No criminal proceedings after three years} + +"(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." + +{Sidenote: Strict compliance requisite} + +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 _v._ +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 _v._ Hearst, in 1899, in the U. S. Circuit Court in +California, Judge DeHaven held that the proprietor of the San Francisco +_Examiner_ could not be held liable for copyright penalties because an +employer could not be held to penal responsibility for the act of his +agent. In a suit to obtain damages based on forfeiture, in Wheeler _v._ +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 _v_. 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 _v._ Boston _Traveler_ 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 _Herald_, 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 _v._ N. Y. _Times_ 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 _v._ 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. + +{Sidenote: Damage not penalty} + +On the other hand, in the case of Brady _v._ 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 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 _v_. Ogilvie, in 1902. + +{Sidenote: Other procedure decisions} + +In the case of Falk _v._ 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 _v._ 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 _v._ +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. + +{Sidenote: Preventive action} + +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 _v._ 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 _v._ Rupert, +in 1904. + +{Sidenote: Party in suit} + +In 1903, in Champney _v._ 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 _v._ Williams, and is +probably not good law. + +{Sidenote: Suit for injury to reputation} + +A curious case arose in England in 1892 as to the rights of an author +after publication and transfer of copyright, in Lee _v._ 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 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. + +{Sidenote: Damages in willful case} + +In a case of evident bad faith in wholesale copying, the U. S. Circuit +Court in Hartford Printing Co. _v._ Hartford Directory Co. awarded as +damages the gross receipts less estimated cost. + +{Sidenote: Penal provisions} + +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): + +{Sidenote: Penalty for willful infringement} + +"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." + +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. + +{Sidenote: Penalty for false notice of copyright} + +Provision is also made in the new statute for the punishment by fine, +but not by imprisonment, of any 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: + +"(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." + +Further provisions as to importation are given in the chapter on that +subject. + +{Sidenote: Allowance of costs} + +In addition to injunction, damages and profits, delivery of copies, +etc., the courts may allow costs inclusive of attorney's fees as +provided: + +"(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." + +It seems impracticable and undesirable to attempt in this chapter a +statement of the procedure under 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. + +{Sidenote: The new British code} + +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 +_prima facie_ 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. + +Under previous law there had been two notable cases of criminal +punishment for conspiracy. In 1906, _Re_ Willets against a combination +among cheap music publishers, where the Common Serjeant sentenced the +vendors to nine months' imprisonment, and in 1910, _Re_ 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. + + + + +XVI + +IMPORTATION OF COPYRIGHTED WORKS + + +{Sidenote: Copyright and importation} + +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. + +{Sidenote: Fundamental right of exclusion} + +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 homoeopathic principle of off-setting one restriction +upon authors' rights by another restriction upon authors' rights. + +{Sidenote: General prohibitions} + +{Sidenote: Exceptions permitted} + +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 _en +bloc_, or of personal baggage. Books imported under these exceptions +cannot be adduced in defense of infringements, as the law specifically +provides, _e.g._, 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. + +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. + +{Sidenote: Text provisions} + +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: + +{Sidenote: Prohibition of piratical copies} + +"(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. + +{Sidenote: Permitted importations} + +"(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: _Provided, however_, That, +except as regards piratical copies, such prohibition shall not apply: + +"(a) To works in raised characters for the use of the blind; + +"(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; + +"(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; + +"(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: + +"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; + +"Second. When imported by the authority or for the use of the United +States; + +{Sidenote: Library importations} + +"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; + +"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: _Provided_, 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. + +{Sidenote: Seizure} + +{Sidenote: Return of importations} + +"(Sec. 32.) 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: _Provided, however_, 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. + +{Sidenote: Rules against unlawful importation} + +"(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." + +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 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. + +{Sidenote: Supersedure of previous provisions} + +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. + +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." + +{Sidenote: Manufacturing clause affects earlier copyrights} + +This principle as construed by the Treasury Department (Treas. dec. no. +30316) especially affects copies whose _status_ 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 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: + +"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 _binding_ both performed within the limits of the +United States." + +{Sidenote: Importation of foreign texts} + +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 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. + +{Sidenote: Printing within country} + +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 be neglected. It follows that in the case +of books so copyrighted and manufactured, any other edition must be +prohibited importation. + +{Sidenote: Innocent importation} + +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. + +{Sidenote: Books not claiming copyright} + +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. + +{Sidenote: Periodicals may be imported} + +{Sidenote: Composite books not admitted} + +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 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 "_de minimis non curat lex_," 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 cyclopaedia contained copyrighted +contributions by American authors, such cyclopaedia would be denied +admission unless such contributions might be adjudged a negligible +proportion of the work. + +{Sidenote: Rebinding abroad} + +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 was printed and originally bound +in the United States as required by the statute." + +{Sidenote: Importation of non-copyright translation} + +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." + +{Sidenote: Books dutiable} + +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: + +"(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 +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." + +{Sidenote: Books on free list} + +The following are included in the "free list" and are therefore free +from any duties: + +"(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. + +"(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 academies, or publications of individuals for +gratuitous private circulation, and public documents issued by foreign +governments. + +"(518) Books and pamphlets printed chiefly in languages other than +English; also books and music, in raised print, used exclusively by the +blind. + +"(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. + +"(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." + +{Sidenote: Library free importation} + +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 prescribed +and provided by the Treasury Department. + +{Sidenote: Copyrights and the free list} + +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. + +{Sidenote: The duty on books} + +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 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. + +{Sidenote: British prohibition of importation} + +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 _v._ 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 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. + +{Sidenote: Foreign reprints} + +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. + +{Sidenote: Divided market} + +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. + +{Sidenote: The new British code} + +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 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. + +{Sidenote: Canadian practice} + +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 L1084 +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, 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 _ultra vires_ by English authorities. + +{Sidenote: Australian provision} + +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. + +{Sidenote: Foreign practice} + +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 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. + +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 _v_. George as the leading English case. + +{Sidenote: International practice} + +The Berne convention of 1886 provided (art. XII) that "every infringing +(_contrefait_) 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." + + + + +XVII + +COPYRIGHT OFFICE: METHODS AND PRACTICE + + +{Sidenote: History of Copyright Office} + +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. + +{Sidenote: Routine of registration} + +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 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. + +{Sidenote: Treatment of deposits} + +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 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. + +{Sidenote: Destruction of useless material} + +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. + +{Sidenote: Register of Copyrights} + +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 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. + +{Sidenote: Catalogues and indexes} + +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 _prima facie_ 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. + +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. e._, local directories and other +annuals, 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. + +{Sidenote: Entry cards} + +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. + +{Sidenote: Text provisions} + +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: + +{Sidenote: Copyright records} + +"(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. + +{Sidenote: Register of copyrights and assistant register} + +"(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. + +{Sidenote: Deposit and report of fees} + +"(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 applied copyright fees for each calendar month, together +with a statement of all remittances received, trust funds on hand, moneys +refunded, and unapplied balances. + +{Sidenote: Bond} + +"(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. + +{Sidenote: Annual report} + +"(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. + +{Sidenote: Seal} + +"(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. + +{Sidenote: Rules} + +"(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. + +{Sidenote: Record books} + +"(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. + +{Sidenote: Certificate} + +{Sidenote: Receipt for deposits} + +"(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 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. + +{Sidenote: Catalogue and index provision} + +"(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 prima facie evidence of the facts stated +therein as regards any copyright registration. + +{Sidenote: Distribution and subscriptions} + +"(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. + +{Sidenote: Records open to inspection and copying} + +"(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. + +{Sidenote: Preservation of deposits} + +"(Sec. 59.) 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. + +{Sidenote: Disposal of deposits} + +"(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: +_Provided_, 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: _And provided further_, 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. + +{Sidenote: Fees} + +{Sidenote: Only one registration required} + +"(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 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: _Provided_, 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: _Provided_, 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." + +{Sidenote: Present organization} + +The organization of the Copyright Office under the 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. + +{Sidenote: Efficiency of methods} + +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. + +{Sidenote: Registration 1909-1910} + +The Copyright Office prints annually a summary of 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. + +{Sidenote: Certificates for court use} + +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. + +{Sidenote: Searches} + +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. + +The new Rules provide for such searches as follows: + +"(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." + +{Sidenote: Patent Office registry for labels} + +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 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. + +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. + +{Sidenote: Foreign practice} + +In Great Britain there is no official copyright office, but registration +has been made at Stationers' Hall in charge of the Stationers' Company, +a _quasi_ 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. + +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. + + + + +XVIII + +INTERNATIONAL COPYRIGHT CONVENTIONS AND ARRANGEMENTS + + +{Sidenote: International protection of property} + +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. + +{Sidenote: Early copyright protection} + +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. + +{Sidenote: Early English protection} + +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 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. + +{Sidenote: Adhesion to Berne convention} + +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, but it was nevertheless +held in Fishburn _v._ 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 _v._ Holloway, in 1893, +Justice Charles took the opposite view, and he was supported by the +Court of Appeal in Hanfstaengl _v._ 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 _v._ +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. + +{Sidenote: Effect of Berne convention} + +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 copyright +arrangements are tabulated in condensed form in the conspectus of +copyright by countries given in the preliminary pages. + +{Sidenote: International literary congresses} + +At the time of the Universal Exposition in Paris in 1878, the French +_Societe des Gens de Lettres_ 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 _Association +Litteraire et Artistique Internationale_, 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. + +{Sidenote: Fundamental proposition} + +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." + +{Sidenote: Preliminary official conference, 1883} + +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: + +"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. + +{Sidenote: Propositions of 1883} + +"2. The term literary or artistic works comprises 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. + +"3. The rights of authors extend to manuscript or unpublished works. + +"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. + +"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. + +"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. + +"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. + +"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. + +"9. The States of the Union reserve to themselves the right of entering +into separate agreements among 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. + +"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." + +{Sidenote: First official conference, 1884} + +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: + +"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. + +"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. + +"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. + +"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. + +"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. + +"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. + +"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." + +{Sidenote: Second official conference, 1885} + +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. + +{Sidenote: Third official conference, 1886} + +The negotiations at Berne culminated at the third formal conference, of +September 6 to 9, 1886, by agreement on a convention constituting an +international copyright union, the _Union Internationale pour la +Protection des OEuvres Litteraires et Artistiques_, 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. + +{Sidenote: Berne convention, 1886:} + +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." + +{Sidenote: Authors and terms} + +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. e._, 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. + +{Sidenote: "Literary and artistic works" defined} + +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 (_livraisons_) from the publication of the last part, +or in the case of volumes or serial collections (_cahiers_), 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 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" (_faits divers_). Liberty of extract from +literary or artistic works otherwise was left (art. VIII) to domestic +legislation or specific treaties. + +{Sidenote: Performing rights} + +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. + +{Sidenote: Other provisions} + +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 +(_contrefait_) 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 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. + +{Sidenote: Final protocol} + +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. + +{Sidenote: Ratification in 1887} + +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 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. e._, Austria-Hungary, +Russia, and the United States, aside from the South American countries +later associated in the Pan American Union. + +{Sidenote: Paris conference, 1896} + +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." + +{Sidenote: Paris Additional Act} + +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 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. + +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. + +{Sidenote: Paris Interpretative Declaration} + +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" (_oeuvres +publiees_) means works actually issued to the public (_oeuvres editees_) +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. + +{Sidenote: Ratification in 1897} + +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, 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. + +{Sidenote: Berlin conference, 1908} + +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. + +{Sidenote: United States' position} + +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: + +"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. + +"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. + +"The German ambassador's letter further explained that the delegates +from non-union countries attending the conference would have full +freedom of 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. + +"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." + +{Sidenote: Welcome of non-unionist countries} + +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. + +{Sidenote: Death of Sir Henry Bergne} + +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 +successful culmination of work toward which he had given many years of +active and effective life. + +{Sidenote: Berlin convention, 1908:} + +{Sidenote: "Literary and artistic works" defined} + +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 ('_mise en scene_') 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. + +{Sidenote: Authors' rights} + +{Sidenote: "Country of origin"} + +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 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 (_oeuvres publiees_) are again defined as works that +have been issued (_oeuvres editees_). "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." + +{Sidenote: Broadened international protection} + +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. + +{Sidenote: Term} + +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. + +{Sidenote: Performing rights, etc.} + +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. + +{Sidenote: Other provisions} + +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. + +{Sidenote: National powers reserved} + +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. + +{Sidenote: Organization provisions} + +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 shall notify the Swiss government accordingly, and +any renouncements of reservations shall be similarly notified. + +{Sidenote: Ratification in 1910} + +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. + +{Sidenote: Official organ} + +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 _Droit d'Auteur_, +published monthly at Berne, under the able editorship of Prof. Ernest +Roethlisberger, from the Bureau of the Union, as its official organ. + +{Sidenote: Montevideo congress, 1889} + +Three years after the Berne convention, a congress 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. + +{Sidenote: Pan American conferences} + +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 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. + +{Sidenote: Mexico City conference, 1902} + +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 _ad referendum_. + +{Sidenote: Mexico convention, 1902} + +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; 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. + +{Sidenote: Indispensable condition} + +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. + +{Sidenote: Special provisions} + +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, and extracts made (art. 11) in publications +devoted to public instruction or chrestomathy. + +"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. + +{Sidenote: Ratification} + +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. + +{Sidenote: Rio de Janeiro conference 1906} + +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. + +{Sidenote: Rio provisions} + +This Rio convention re-adopted (art. 1) the Mexico treaty, with +modifications as stated in the convention. 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 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 cooperative 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. + +{Sidenote: Ratification} + +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. + +{Sidenote: Buenos Aires conference and convention, 1910} + +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 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. + +{Sidenote: Attorney-General's opinion on ratification} + +{Sidenote: Relation with importation provisions} + +The Mexico convention was signed by the United States delegates _ad +referendum_, 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 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 ratified, and this precedent opened the way for +more prompt ratification of the Buenos Aires convention. + +{Sidenote: United States international relations} + +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. + +{Sidenote: "Proclaimed" countries} + +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 _status_ of these +countries under the act of 1909 was solved by the proclamation of the +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, (_e_), 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. + +{Sidenote: Mechanical music reciprocity} + +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. + +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. + + + + +XIX + +THE INTERNATIONAL COPYRIGHT MOVEMENT IN AMERICA + + +{Sidenote: Initial endeavor in America, 1837} + +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. + +{Sidenote: The British address} + +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 _American_, +November 19, 1832: + +"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-- + +"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. + +"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. + +"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. + +"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. + +"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. + +"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. + +"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. + +"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. + +"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. + +"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. + +"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, your power 'of securing to the authors +the exclusive right to their respective writings.'" + +{Sidenote: Henry Clay report, 1837} + +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: + +"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." + +{Sidenote: A prophecy of world union} + +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 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 _uniform_ law of literary +property, and the extension of its benefits to all civilised nations. It +should be a new chapter of the _Jus Gentium_, and should be one law +(_iisdem verbis_) 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." + +{Sidenote: "One just law"} + +"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 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." + +{Sidenote: Clay bills, 1837-42} + +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. + +{Sidenote: Palmerston invitation, 1838} + +An invitation was extended by Lord Palmerston in 1838 for the +cooperation of the American government in an international arrangement +with Great Britain, but nothing came of it. + +{Sidenote: Efforts 1840-48} + +Dr. Francis Lieber, a well-known publicist, addressed to Senator +Preston, in 1840, a letter "On international copyright," prepared in +cooperation 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 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. + +{Sidenote: Everett treaty, 1853} + +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. + +{Sidenote: Morris bills, 1858-60} + +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. + +{Sidenote: International Copyright Association, 1868} + +The matter slumbered until 1868--after Dickens's second visit in +1867--when a committee consisting of George P. Putnam, S. Irenaeus 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. + +{Sidenote: Baldwin bill and report, 1868} + +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 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. + +{Sidenote: Clarendon treaty, 1870} + +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. + +{Sidenote: Cox bill and resolution, 1871} + +The next year the following resolution, offered by S. S. Cox, was passed +by the House, December 18, 1871: + +"_Resolved_, That the Committee on the Library be 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." + +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. + +{Sidenote: The Appleton proposal, 1872} + +Mr. Cox's resolution was acted upon in 1872 by the new Library +Committee, which invited the cooperation 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 _Times_, October, 1871, denying +that there was any 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 +cyclopaedias, and in enabling an American publisher to exclude revised +editions. + +{Sidenote: Philadelphia protest, 1872} + +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. + +{Sidenote: The Bristed proposal, 1872} + +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. + +{Sidenote: Kelley resolution, 1872} + +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, _Resolved_, 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." + +{Sidenote: Congressional hearings} + +{Sidenote: Beck-Sherman bill, 1872} + +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. + +{Sidenote: Morrill report, 1873} + +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: + +"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." + +{Sidenote: Banning bill, 1874} + +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. + +{Sidenote: The Harper proposal and draft, 1878} + +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 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. + +{Sidenote: A suggested basis} + +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 _before_ +publication in the country of origin; that international registration +should be in the name of the author: if a _citizen_ of the United +States, at Stationers' Hall, London; if a _subject_ 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." + +{Sidenote: Approval of the Harper draft} + +This draft was approved by fifty-two leading American 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 _Economic Monograph_ 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. + +An interesting series of replies from American authors, publishers, +etc., as to methods for international copyright, to queries from the +_Publishers' Weekly_ will be found in v. 15, commencing with no. 7, +February 15, 1879. + +{Sidenote: Granville negotiations, 1880} + +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 +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. + +{Sidenote: Robinson and Collins bills, 1882-83} + +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. + +{Sidenote: American Copyright League} + +{Sidenote: Dorsheimer bill, 1884} + +{Sidenote: Criticisms and changes} + +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 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. + +{Sidenote: American publishers' sentiment} + +A circular letter of inquiry sent out by the _Publishers' Weekly_ 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 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. + +{Sidenote: Hawley bill, 1885} + +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 _Publishers' Weekly_ 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. + +{Sidenote: Chace bill, 1886} + +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 basis of reciprocity; the Chace bill +required registry within fifteen days and deposit of the best _American_ +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. + +{Sidenote: Congressional hearings, 1886} + +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. + +{Sidenote: Mr. Lowell's epigram} + +It was at this time that Mr. Lowell wrote his famous quatrain on +"International copyright," which presented effectively the fundamental +argument: + + "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." + +On May 21, 1886, the Committee on Patents presented a report to the +Senate, favoring the Chace bill, but no action resulted. + +{Sidenote: President Cleveland's second message, 1886} + +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. + +{Sidenote: Campaign of 1887} + +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 cooperation. 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 +_Century_ magazine, who had 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. + +{Sidenote: Senate passage of Chace bill, 1888} + +{Sidenote: Bryce bill, 1888} + +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. + +{Sidenote: President Harrison's message, 1889} + +{Sidenote: Simonds bill, 1890} + +{Sidenote: Simonds report, 1890} + +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 +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 voted upon by the House and +received a vote of 139 to 95 on its final passage. + +{Sidenote: Senate debate, 1891} + +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. + +{Sidenote: Passage of act of March 4, 1891} + +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. + +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 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. + +{Sidenote: Approval by President Harrison} + +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. + +{Sidenote: Review of the publishing situation} + +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 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. + +{Sidenote: Lack of unified policy} + +{Sidenote: Compromise of 1891} + +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. + +{Sidenote: Need of general revision} + +While the act of 1891 was unsatisfactory to the 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. + +{Sidenote: Ad interim copyright act, 1905} + +In 1905, March 3, an act was passed granting _ad interim_ 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. + +{Sidenote: Copyright conferences, 1905-06} + +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. + +{Sidenote: "Copyright in Congress, 1789-1904"} + +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. + +{Sidenote: President Roosevelt's message, 1905} + +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 by one general +copyright statute. It will be presented to the Congress at the coming +session. It deserves prompt consideration." + +{Sidenote: Congressional hearings, 1906-08} + +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. + +{Sidenote: Kittredge-Currier reports, 1907} + +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. + +{Sidenote: Smoot-Currier, Kittredge-Barchfeld bills, 1907-08} + +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, 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. + +{Sidenote: Washburn, Sulzer, McCall, Currier bills, 1908} + +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. + +{Sidenote: Fourth Congressional hearing, 1909} + +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 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). + +{Sidenote: Passage of act of March 4, 1909} + +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. + +{Sidenote: Approval by President Roosevelt} + +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 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. + +{Sidenote: Code of 1909} + +{Sidenote: Hopes of future progress} + +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. + + + + +XX + +COPYRIGHT THROUGHOUT THE BRITISH EMPIRE + + +{Sidenote: English and American systems} + +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 _sine qua non_, have there been necessary only (except in the +case of works of art) previous to, and as a basis for, an infringement +suit. + +{Sidenote: First publication and residence} + +A book first published in the United Kingdom (England, Scotland, Wales, +and Ireland) has been _ipso facto_ 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 _v._ Boosey (overruling Boosey _v._ Jefferys), +that a person not a British subject or resident was not entitled to +copyright 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 _v._ 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. + +{Sidenote: Variations in copyright terms} + +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. + +{Sidenote: The new British code} + +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 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. + +{Sidenote: Scope and extent} + +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 of the work" a British +subject or a resident domiciled within such included parts [or under +protection through the international copyright provisions]. + +{Sidenote: Publication} + +"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. + +{Sidenote: Definition of copyright} + +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. + +{Sidenote: Infringement and exceptions thereto} + +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 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. + +{Sidenote: Term} + +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 _first_ 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. + +{Sidenote: Ownership} + +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 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. + +Registration provisions are altogether omitted from the new measure. + +{Sidenote: Deposit copies} + +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. + +{Sidenote: Importation} + +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. + +{Sidenote: Remedies} + +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 _prima facie_ 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 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. + +{Sidenote: General relations} + +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. + +{Sidenote: Acts repealed} + +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. + +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. + +{Sidenote: Changes from original bill} + +It may be noted that the new British measure had been much +modified,--especially in the Committee stage, where efforts to reconcile +conflicting interests 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. + +{Sidenote: Isle of Man} + +{Sidenote: Channel Islands} + +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 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. + +{Sidenote: International relations} + +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. + +{Sidenote: Colonial relations} + +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. + +{Sidenote: Judicial confirmation} + +The application of the Berne convention to the British possessions was +upheld in an important Canadian decision, when in 1906 Justice Fortin, +in Mary _v._ 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. + +{Sidenote: Local legislation} + +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 _status_ of +copyright in the several colonies 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. + +{Sidenote: Canadian copyright history} + +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. + +{Sidenote: Dominion of Canada: early acts} + +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 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 L1084 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. + +{Sidenote: Acts of 1875} + +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 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. + +{Sidenote: License acts disallowed} + +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. + +{Sidenote: The Fisher act, 1900} + +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 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. + +{Sidenote: Minor acts} + +{Sidenote: Short form of notice} + +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. + +{Sidenote: Proposed Canadian copyright code, 1911} + +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 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 _bona fide_ 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. + +{Sidenote: Imperial and Canadian copyright} + +{Sidenote: Requisites for domestic copyright} + +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 _pro tanto_. 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 _after_ 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. + +{Sidenote: Imperial and local protection} + +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 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. + +{Sidenote: Additional local protection} + +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. + +{Sidenote: Application for copyright} + +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 _interim_ or temporary copyright, and three copies of +the book (full 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 _interim_ +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. + +{Sidenote: Newfoundland} + +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 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. + +{Sidenote: British West Indies, etc.} + +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 _Gazette_ 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. + +{Sidenote: Australian code of 1905} + +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 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. + +{Sidenote: General provisions} + +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" (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. + +{Sidenote: Dramatic and musical works} + +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. + +{Sidenote: Performing right} + +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, 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. + +{Sidenote: Registration and license} + +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. + +{Sidenote: New Zealand} + +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 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. + +{Sidenote: Australasia otherwise} + +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. + +{Sidenote: British India} + +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 the Collectors of Customs at Bombay, Madras +and Calcutta as well as through the London customs. + +{Sidenote: South Africa} + +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. + +{Sidenote: Cape Colony} + +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. + +{Sidenote: Natal} + +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 does not forfeit +copyright, and imperial provisions generally hold good. + +{Sidenote: Transvaal} + +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. + +{Sidenote: West coast colonies} + +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 _Gazette_, and the other colonies having +similar provisions. + +{Sidenote: Mediterranean islands} + +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. + + + + +XXI + +COPYRIGHT IN OTHER COUNTRIES + + +{Sidenote: France} + +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 (_spectacles_) 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. + +{Sidenote: French foreign relations} + +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 +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. + +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), 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. + +{Sidenote: Belgium} + +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). + +{Sidenote: Luxemburg} + +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 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. + +{Sidenote: Holland} + +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 law Holland, under a concurrent +vote in 1911, is authorized to accede to the Berlin convention. + +{Sidenote: Germany} + +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. + +{Sidenote: History} + +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. + +{Sidenote: Laws of 1901-07} + +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 _Boersenblatt_, but since a law of +1903 in the _Reichsanzeiger_. 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 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. + +{Sidenote: Art provisions} + +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. + +{Sidenote: Piracy} + +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. + +{Sidenote: Foreign citizens} + +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 firm having a place of +business or a branch within the Empire. + +{Sidenote: German foreign relations} + +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. + +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. + +{Sidenote: Austria-Hungary} + +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 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. + +{Sidenote: Switzerland} + +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 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). + +{Sidenote: Scandinavian countries} + +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 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. + +{Sidenote: Scandinavian foreign relations} + +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. + +{Sidenote: Russia} + +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. + +{Sidenote: Finland} + +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. + +{Sidenote: Spain} + +Spain passed a general copyright code in 1879, which applied not only to +the Peninsula, but _ultramar_ 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 (_herederos forzosos_--"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 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. + +{Sidenote: Spanish foreign relations} + +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). + +{Sidenote: Portugal} + +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 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). + +{Sidenote: Italy} + +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 _vise_, which manuscript is then returned. By the +law of 1910, as to legal deposit, three copies must be delivered to the +_Procureur du Roi_ in the district 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. + +{Sidenote: Italian foreign relations} + +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). + +{Sidenote: San Marino} + +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. + +{Sidenote: Monaco} + +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. + +{Sidenote: Greece} + +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. + +{Sidenote: Montenegro} + +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." + +{Sidenote: Roumania and other Balkan states} + +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 by its penal code of 1896, and have no +international relations. + +{Sidenote: Turkey} + +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. + +{Sidenote: Japan} + +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 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. + +{Sidenote: Korea} + +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. + +{Sidenote: China} + +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. + +{Sidenote: Siam} + +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. + +{Sidenote: Asia otherwise} + +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. + +{Sidenote: Tunis, etc.} + +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. + +{Sidenote: Egypt} + +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 equity." In the +leading case of the Societe des gens de lettres _v._ 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. + +{Sidenote: Liberia} + +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. + +{Sidenote: Africa otherwise} + +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. + +Copyright provision in South Africa, Sierra Leone and other British +colonies is covered in the preceding chapter on the British dominions. + +{Sidenote: Latin America} + +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 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). + +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. + +{Sidenote: Mexico} + +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 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. + +{Sidenote: Central American states: Costa Rica} + +{Sidenote: Guatemala} + +{Sidenote: Honduras} + +{Sidenote: Nicaragua} + +{Sidenote: Salvador} + +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 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. + +{Sidenote: Interstate and international relations} + +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. 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). + +{Sidenote: Panama} + +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. + +{Sidenote: Cuba} + +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 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. + +{Sidenote: Haiti} + +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. + +{Sidenote: Dominican Republic} + +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 (though +possibly only the industrial treaty) of 1902, June 15, 1907. + +{Sidenote: West Indian Colonies} + +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. + +{Sidenote: Brazil} + +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. + +{Sidenote: Argentina} + +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 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. + +{Sidenote: Paraguay and Uruguay} + +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 _ad referendum_. + +{Sidenote: Chile} + +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. + +{Sidenote: Peru} + +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. + +{Sidenote: Bolivia} + +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 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). + +{Sidenote: Ecuador} + +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. + +{Sidenote: Colombia} + +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). + +{Sidenote: Venezuela} + +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. + + + + +XXII + +BUSINESS RELATIONS OF COPYRIGHT: AUTHOR AND PUBLISHER + + +{Sidenote: Copyrights in their business relations} + +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. + +{Sidenote: The German publishing law of 1901} + +{Sidenote: Editions} + +{Sidenote: Alterations} + +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 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. + +{Sidenote: Issuance of work} + +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 author. Proof for correction must be +furnished to the author. + +{Sidenote: Price and remuneration} + +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. + +{Sidenote: Assignment} + +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. + +{Sidenote: Accidental destruction} + +{Sidenote: Delivery} + +If the work is accidentally destroyed after delivery to the publisher, +the author is entitled to remuneration, but the contract terminates; but +the author 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. + +{Sidenote: Bankruptcy of publisher} + +{Sidenote: Non-copyright work} + +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. + +{Sidenote: Articles in periodicals} + +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 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. + +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. + +{Sidenote: The publisher as merchant} + +{Sidenote: "Outright" transfer} + +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 +_v._ 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 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. + +{Sidenote: "Joint adventure"} + +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. + +{Sidenote: Risk and profit} + +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. + +{Sidenote: Long price and "net" price} + +{Sidenote: Equities} + +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. + +{Sidenote: The literary agent} + +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 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 _v._ 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. + +{Sidenote: Usual American contract} + +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. + +{Sidenote: Publishers' obligations} + +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 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. + +{Sidenote: Reversion of contract} + +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. + +{Sidenote: Scope of contract} + +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 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. + +{Sidenote: Other works of author} + +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. + +{Sidenote: Standard contract} + +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. + +{Sidenote: Serial rights} + +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 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. + +{Sidenote: Republication of periodical articles} + +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. + +{Sidenote: Foreign markets} + +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. + +{Sidenote: Contract to do work} + +The contract of an author with a publisher that he _will_ 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 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 _v._ +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. _v._ Long, in 1906 in the Chancery Division by Justice Kekewich. + +{Sidenote: Contract not to write} + +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 _v._ 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 _v._ 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 _v._ Nicholson in 1824. +Thus publishers were granted equitable relief 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 _v._ +Crane in the U. S. Circuit Court of Appeals, in 1906. In Brooke _v._ +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, _vice versa_, +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. + +{Sidenote: Implied obligations} + +If a publisher prints without special agreement a manuscript submitted +for approval, the courts will enforce reasonable payment; and in 1893, +in Macdonald _v._ 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 _v._ 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. + +{Sidenote: Contract personal and mutual} + +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 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 _v._ 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 _v._ 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 cooperative 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 +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. + +{Sidenote: English development of this doctrine} + +This general doctrine was worked out in a chain of early English cases, +the first of which was that of Sweet _v._ 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 _v._ +Benning, in 1854, affirmed on appeal by the Lords Justices, and Reade +_v._ 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 fire were decided +in the case of Blackwood _v._ Brewster, in 1860, in the Scotch Court of +Session, not to constitute a new edition. In the later case of Hole _v._ +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. + +{Sidenote: Author's transfer to other publishers} + +In Warne _v._ 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. + +{Sidenote: Proprietary name} + +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 _v._ 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 _v._ Petter, in 1860. + +{Sidenote: Copies remaining unsold} + +It was decided in the English case of Howitt _v._ 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 _v._ 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. + +{Sidenote: American confirmation} + +The same doctrine was upheld in the American case of Pulte _v._ 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 not exercise rights beyond the second edition, nor +could they assign their rights. + +{Sidenote: Renewal term} + +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. + +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. + +{Sidenote: License not assignment} + +A contract giving publishers the "whole and exclusive right of +publication," was decided _In re_ 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 _Re_ "The Liedertafel series" _et al._ + +{Sidenote: Author's and publisher's profits} + +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 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 +_v._ Chapman in 1901, to cover all forms of publication, including +royalty on a proportionate part of the sales price of a periodical. + +{Sidenote: The publisher's share} + +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 _actually sold_--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 _entire +edition_ 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. + +{Sidenote: "Author's editions"} + +{Sidenote: Printer's lien} + +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. + +{Sidenote: Compulsory license system} + +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, 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. + +{Sidenote: License payments} + +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 to adopt any one plan of +marketing his wares would interfere with his freedom of choice and his +natural return. + +{Sidenote: Saving through single publisher} + +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. + +{Sidenote: Copyrights in bankruptcy} + +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 _v._ 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 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 _v._ Carruthers. + +{Sidenote: Copyrights in taxation} + +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. + + + + +XXIII + +THE LITERATURE OF COPYRIGHT + + +{Sidenote: Bibliographical materials} + +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. + +{Sidenote: Early history} + +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, +notably Copinger, summarize in some measure the early history of +copyright. + +{Sidenote: Early American contributions} + +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 Encyclopaedia +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. + +{Sidenote: Later American pamphleteers} + +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." + +{Sidenote: American treatises} + +The leading American law book writer has been Eaton S. Drone, later +editor of the New York _Herald_, 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. +_Publishers' Weekly_, 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.). + +{Sidenote: Copyright Office publications} + +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 _Bulletins_ 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 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 _Information circulars_, +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. + +{Sidenote: Labor report} + +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. + +{Sidenote: English contributions about 1840} + +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 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." + +{Sidenote: Later English contributions} + +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 _Fortnightly_ 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." + +{Sidenote: English legal treatises} + +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. +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. + +{Sidenote: Birrell's lectures} + +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.). + +{Sidenote: MacGillivray's works} + +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 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. + +{Sidenote: English special treatises} + +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. + +{Sidenote: Parliamentary and Commission reports} + +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, 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. + +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. + +{Sidenote: Cyclopaedias and digests} + +The American and English law cyclopaedias and digests also give +references to copyright cases and decisions, some in special chapters, +more or less comprehensive of recent copyright interpretations. + +{Sidenote: French works} + +The most recent authoritative French works on literary property are +Eugene Pouillet's "Traite theorique et pratique de la propriete +litteraire et artistique" (Paris, Marchal & Billard, 3d ed., 1908, 1028 +p.); Gustave Huard's "Traite de la propriete intellectuelle, v. 1. +Propriete litteraire et artistique" (Paris, Marchal & Billard, 1903, 400 +p.), and A. Huard and Edouard Mack's "Repertoire de legislation, de +doctrine et de jurisprudence en matiere de propriete litteraire et +artistique" (Paris, Marchal & Billard, 1909, 740 p.). An earlier +elaborate work is that of Claude Couhin, "La propriete industrielle, +artistique et litteraire" (Paris, Larose, 1894), in three volumes. + +{Sidenote: German works} + +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, 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 ueber 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 Kuenste und der Photographie" (Berlin, Heymann, +1907, 312 p.). + +{Sidenote: Early German contributions} + +In the early German literature of copyright should be noted the works of +Puetter, sometimes called the father of the modern theory of property in +intellectual productions, who wrote as early as 1764, an edition of +whose "Beytraege zum Teutschen Staats- u. Fuersten-Rechte" was published +in Goettingen in 1777; and the tractate of Immanuel Kant, "Von der +Unrechtmaessigkeit des Buechernachdrucks," which may be found in his +collected works. + +{Sidenote: Italian works} + +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.). + +{Sidenote: Spanish compendium} + +A useful compendium of Spanish copyright law of 1879 _et seq._, covering +both the Peninsula and the _ultramar_ colonies, was published in Havana +by La Propaganda Literaria, in 1890, as edited with an interesting +comparison of Spanish law with that of Great Britain and America by D. +F. G. Garofalo y Morales. + +{Sidenote: International compilations} + +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 ueber das Urheberrecht in allen Laendern," edited in a +second edition by Prof. Ernest Roethlisberger (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 Buchhaendler, 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 traites concernant la +propriete litteraire 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 _Droit d'Auteur_ of Berne, of +which Prof. Roethlisberger is the editor, of new conventions, treaties, +laws and other material, bringing world-information up to date. + + + + +APPENDIXES + + + + + I + + UNITED STATES OF AMERICA: COPYRIGHT PROVISIONS + + +1. UNITED STATES COPYRIGHT CODE OF 1909 + +AN ACT TO AMEND AND CONSOLIDATE THE ACTS RESPECTING COPYRIGHT + +{Sidenote: Exclusive right to print, publish and vend} + +_Be it enacted by the Senate and House of Representatives of the United +States of America in Congress assembled_, That any person entitled +thereto, upon complying with the provisions of this Act, shall have the +exclusive right: + +(a) To print, reprint, publish, copy, and vend the copyrighted work; + +{Sidenote: To translate, dramatize arrange and adapt, etc.} + +(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; + +{Sidenote: To deliver lectures, sermons, etc.} + +(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; + +{Sidenote: To represent dramatic works, or make record, or exhibit or +perform, etc.} + +(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; + +{Sidenote: To perform music and make arrangement, setting, or record} + +{Sidenote: Act not retroactive.} + +{Sidenote: Music by foreign author} + +{Sidenote: Control of mechanical musical reproduction} + +{Sidenote: Royalty for use of music on records, etc.} + +{Sidenote: Notice of use of music on records} + +{Sidenote: License to use music on records} + +(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: _Provided_, 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: _And provided further, and as a condition of extending the +copyright control to such mechanical reproductions_, 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: _And provided further_, 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. + +{Sidenote: Failure to pay royalties} + +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. + +{Sidenote: Reproduction of music on coin-operated machines} + +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. + +{Sidenote: Right at common law or in equity} + +SEC. 2. That nothing in this Act shall be construed to annul or limit +the right of the author or proprietor of an unpublished work, at common +law or in equity, to prevent the copying, publication, or use of such +unpublished work without his consent, and to obtain damages therefor. + +{Sidenote: Component parts of copyrightable work} + +{Sidenote: Composite works or periodicals} + +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. + +{Sidenote: Works protected} + +SEC. 4. That the works for which copyright may be secured under this Act +shall include all the writings of an author. + +{Sidenote: Classification of copyright works} + +SEC. 5. That the application for registration shall specify to which of +the following classes the work in which copyright is claimed belongs: + +(a) Books, including composite and cyclopaedic works, directories, +gazetteers, and other compilations; + +(b) Periodicals, including newspapers; + +(c) Lectures, sermons, addresses, prepared for oral delivery; + +(d) Dramatic or dramatico-musical compositions; + +(e) Musical compositions; + +(f) Maps; + +(g) Works of art; models or designs for works of art; + +(h) Reproductions of a work of art; + +(i) Drawings or plastic works of a scientific or technical character; + +(j) Photographs; + +(k) Prints and pictorial illustrations: + +{Sidenote: Classification does not limit copyright} + +_Provided, nevertheless_, That the above specifications shall not be +held to limit the subject-matter of copyright as defined in section four +of this Act, nor shall any error in classification invalidate or impair +the copyright protection secured under this Act. + +{Sidenote: Compilations, abridgements, dramatizations, translations, new +editions} + +{Sidenote: Subsisting copyright not affected} + +SEC. 6. 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. + +{Sidenote: Not subject-matter of copyright: works in public domain; +government publications} + +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: _Provided, however_ That the publication or +republication by the Government, either separately or in a public +document, of any material in which copyright is subsisting shall not be +taken to cause any abridgement or annulment of the copyright or to +authorize any use or appropriation of such copyright material without +the consent of the copyright proprietor. + +{Sidenote: Copyright to author or proprietor for terms specified in Act} + +{Sidenote: Foreign authors} + +SEC. 8. That the author or proprietor of any work made the subject of +copyright by this Act, or his executors, administrators, or assigns, +shall have copyright for such work under the conditions and for the +terms specified in this Act: _Provided, however_, That the copyright +secured by this Act shall extend to the work of an author or proprietor +who is a citizen or subject of a foreign state or nation, only: + +{Sidenote: Alien authors domiciled in U. S.} + +(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 + +{Sidenote: Authors, when citizens of countries granting reciprocal +rights} + +{Sidenote: International agreement} + +(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. + +{Sidenote: Presidential proclamation} + +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. + +{Sidenote: Publication with notice initiates copyright} + +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 ad interim protection under section twenty-one of this Act. + +{Sidenote: Registration of copyright} + +{Sidenote: Copyright certificate} + +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 copyright +shall issue to him the certificate provided for in section fifty-five of +this Act. + +{Sidenote: Copyright protection of unpublished works: lectures, dramas, +music, etc.} + +{Sidenote: Deposit of copies after publication} + +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; 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. + +{Sidenote: Two complete copies of best edition} + +{Sidenote: Periodical contributions} + +{Sidenote: Work not reproduced in copies for sale} + +{Sidenote: No action for infringement until deposit of copies} + +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. + +{Sidenote: Failure to deposit copies} + +{Sidenote: Register of copyrights may demand copies} + +{Sidenote: Fine $100 and retail price of 2 copies, best edition} + +{Sidenote: Forfeiture of copyright} + +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 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. + +{Sidenote: Postmaster's receipt} + +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. + +{Sidenote: Printed from type set within U. S.} + +{Sidenote: Book in foreign language excepted} + +{Sidenote: Lithographic or photo-engraving process} + +{Sidenote: Printing and binding of the book} + +{Sidenote: Illustrations in a book} + +{Sidenote: Separate lithographs and photo-engravings} + +{Sidenote: Books for blind excepted} + +{Sidenote: Books in foreign languages excepted} + +SEC. 15. 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. + +{Sidenote: Affidavit of American manufacture} + +{Sidenote: Printing and binding of the book} + +{Sidenote: Establishment where printing was done} + +{Sidenote: Date of publication} + +SEC. 16. 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. + +{Sidenote: False affidavit, a misdemeanor; fine, $1,000 and forfeiture +of copyright} + +SEC. 17. 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. + +{Sidenote: Notice of copyright} + +{Sidenote: Notice on maps, copies of works of art, photographs, and +prints} + +{Sidenote: Notice on accessible portion} + +{Sidenote: Notice on existing copyright works [See note below]} + +SEC. 18. That the notice of copyright[2] 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: (C), accompanied by the initials, monogram, mark, or symbol of the +copyright proprietor: _Provided_, 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. + + Footnote 2: 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: + + "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." + +{Sidenote: Notice of copyright on book} + +{Sidenote: On periodical} + +{Sidenote: One notice in each volume or periodical} + +SEC. 19. 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: _Provided_, That one notice of copyright in each volume +or in each number of a newspaper or periodical published shall suffice. + +{Sidenote: Omission of notice by accident or mistake} + +{Sidenote: Innocent infringement} + +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. + +{Sidenote: Book published abroad in the English language} + +{Sidenote: Ad interim copyright for 30 days} + +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 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. + +{Sidenote: Extension to full term} + +{Sidenote: Deposit of copies, filing of affidavit} + +SEC. 22. 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. + +{Sidenote: Duration of copyright: 1st term, 28 years} + +{Sidenote: Posthumous works, periodicals, cyclopaedic or composite works} + +{Sidenote: Renewal term 28 years} + +{Sidenote: Other copyrighted works, first term 28 years} + +{Sidenote: Renewal term 28 years; to author, widow, children, heirs or +next of kin} + +{Sidenote: Notice that renewal term is desired} + +{Sidenote: Copyright ends in 28 years unless renewed} + +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: _Provided_, That in the case of +any posthumous work or of any periodical, cyclopaedic, 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: _And provided further_, That in the case of +any other copyrighted work, including a contribution by an individual +author to a periodical or to a cyclopaedic 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: _And provided +further_, 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. + +{Sidenote: Extension of subsisting copyrights} + +{Sidenote: Proprietor entitled to renewal for composite work} + +{Sidenote: Renewal application} + +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: _Provided, however_, 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: _Provided_, 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. + +{Sidenote: Infringement of copyright} + +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: + +{Sidenote: Injunction} + +(a) To an injunction restraining such infringement; + +{Sidenote: Damages} + +{Sidenote: Proving sales} + +{Sidenote: Newspaper reproduction of photograph; recovery, $50-$200} + +{Sidenote: Maximum recovery, $5,000} + +{Sidenote: Minimum recovery, $250} + +(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: + +{Sidenote: Painting, statue, or sculpture, $10 per copy} + + 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; + +{Sidenote: Other works, $1 per copy} + + 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; + +{Sidenote: Lectures, $50} + + Third. In the case of a lecture, sermon, or address, fifty + dollars for every infringing delivery; + +{Sidenote: Dramatic or musical works, $100 and $50} + +{Sidenote: Other musical compositions, $10} + + 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; + +{Sidenote: Delivering up infringing articles} + +(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; + +{Sidenote: Destruction} + +(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; + +{Sidenote: Infringement by mechanical instruments} + +{Sidenote: Injunction may be granted} + +{Sidenote: Recovery of royalty} + +{Sidenote: Notice to proprietor of intention to use} + +{Sidenote: Damages, three times amount provided} + +{Sidenote: Temporary injunction} + +(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: _Provided also_, 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. + +{Sidenote: Rules for practice and procedure} + +Rules and regulations for practice and procedure under this section +shall be prescribed by the Supreme Court of the United States. + +{Sidenote: Judgment enforcing remedies} + +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. + +{Sidenote: Proceedings, injunction, etc., may be united in one action} + +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. + +{Sidenote: Penalty for willful infringement} + +{Sidenote: Oratorios, cantatas, etc. may be performed} + +SEC. 28. 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: +_Provided, however_, 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. + +{Sidenote: False notice of copyright (penalty for)} + +{Sidenote: Fraudulent removal of notice; fine $100-$1,000} + +{Sidenote: Issuing, selling, or importing article bearing false notice; +fine $100} + +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. + +{Sidenote: Importation prohibited of articles bearing false notice and +piratical copies} + +SEC. 30. 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. + +{Sidenote: Prohibition of importation of books} + +{Sidenote: Exceptions to prohibition} + +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: _Provided, however_, That, +except as regards piratical copies, such prohibition shall not apply: + +{Sidenote: Works for the blind} + +(a) To works in raised characters for the use of the blind; + +{Sidenote: Foreign newspapers or magazines} + +(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; + +{Sidenote: Books in foreign languages} + +(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; + +{Sidenote: Importation of authorized foreign books permitted} + +(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: + +{Sidenote: For individual use and not for sale} + + 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; + +{Sidenote: For the use of U. S.} + + Second. When imported by the authority or for the use of the + United States; + +{Sidenote: For the use of societies, libraries, etc.} + + 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; + +{Sidenote: Libraries purchased en bloc} + +{Sidenote: Books brought personally into U. S.} + + 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: + +{Sidenote: Imported copies not to be used to violate copyright} + + _Provided_, 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. + +{Sidenote: Seizure of unlawfully imported copies} + +{Sidenote: Copies of authorized books imported may be returned} + +SEC. 32. 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: _Provided, however_, 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. + +{Sidenote: Secretary of Treasury and Postmaster-General to make rules to +prevent unlawful importation} + +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. + +{Sidenote: Jurisdiction of courts in copyright cases} + +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. + +{Sidenote: District in which suit may be brought} + +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. + +{Sidenote: Injunctions may be granted} + +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 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. + +{Sidenote: Certified copy of papers filed} + +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. + +{Sidenote: Judgments, etc., may be reviewed on appeal or writ of error} + +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. + +{Sidenote: No criminal proceedings after three years} + +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. + +{Sidenote: Full costs shall be allowed} + +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. + +{Sidenote: Copyright distinct from property in material object} + +{Sidenote: Transfer of any copy of copyrighted work permitted} + +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. + +{Sidenote: Copyright may be assigned, mortgaged, or bequeathed} + +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. + +{Sidenote: Assignment executed in foreign country to be acknowledged} + +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 +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. + +{Sidenote: Assignments to be recorded} + +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. + +{Sidenote: Register of copyrights to record assignments} + +SEC. 45. 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 any person requesting the same a certified copy thereof under +the said seal. + +{Sidenote: Assignee's name may be substituted in copyright notice} + +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. + +{Sidenote: Copyright records} + +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. + +{Sidenote: Register of copyrights and assistant register of copyrights} + +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. + +{Sidenote: Register of copyrights to deposit and account for fees} + +{Sidenote: Shall make monthly report of fees} + +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 applied copyright fees for each +calendar month, together with a statement of all remittances received, +trust funds on hand, moneys refunded, and unapplied balances. + +{Sidenote: Bond of register of copyrights} + +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. + +{Sidenote: Annual report of register of copyrights} + +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. + +{Sidenote: Seal of copyright office} + +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. + +{Sidenote: Rules for the registration of copyrights} + +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. + +{Sidenote: Record books} + +{Sidenote: Entry of copyright} + +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. + +{Sidenote: Certificate of registration} + +{Sidenote: Certificate for book to state receipt of affidavit} + +{Sidenote: Certificate may be given to any person} + +{Sidenote: Receipt for copies deposited} + +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 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. + +{Sidenote: Index to copyright registrations} + +{Sidenote: Catalogue of copyright entries} + +{Sidenote: Catalogue cards} + +{Sidenote: Catalogues and indexes prima facie evidence} + +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 prima facie evidence of +the facts stated therein as regards any copyright registration. + +{Sidenote: Distribution of catalogue of copyright entries} + +{Sidenote: Subscription price} + +{Sidenote: Superintendent of Documents to receive subscriptions} + +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. + +{Sidenote: Record books, etc., open to inspection} + +{Sidenote: Copies may be taken of entries in record books} + +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. + +{Sidenote: Disposition of copyright deposits} + +{Sidenote: Preservation of copyright deposits} + +SEC. 59. 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. + +{Sidenote: Disposal of copyright deposits} + +{Sidenote: Manuscript copies to be preserved} + +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: _Provided_, 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: _And provided further_, 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. + +{Sidenote: Fees} + +{Sidenote: Fee for registration} + +{Sidenote: Fee for certificate} + +{Sidenote: Fee for recording assignment} + +{Sidenote: Fee for copy of assignment} + +{Sidenote: Fee for recording notice of user} + +{Sidenote: Fee for comparing assignment} + +{Sidenote: Fee for recording renewal} + +{Sidenote: Fee for recording transfer} + +{Sidenote: Fee for search} + +{Sidenote: Only one registration required} + +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 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: _Provided_, 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: _Provided_, 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. + +{Sidenote: Definitions: "date of publication"} + +{Sidenote: "Author"} + +SEC. 62. 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. + +{Sidenote: Repealing clause} + +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 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. + +{Sidenote: Date of enforcement} + +SEC. 64. That this Act shall go into effect on the first day of July, +nineteen hundred and nine. + +APPROVED, MARCH 4, 1909. + + + 2. PRESIDENT'S PROCLAMATIONS + + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA + A PROCLAMATION + +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 (_e_) +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: + +(_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 + +(_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: + +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": + +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 +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: + +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 (_e_) +thereof, as to which the inquiry is still pending. + +In testimony whereof, I have hereunto set my hand and caused the seal of +the United States to be affixed. + + 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 + [SEAL.] United States of America the one hundred and + thirty-fourth. + + WM. H. TAFT. + + By the President: + P. C. KNOX, + _Secretary of State_ + +Luxemburg was added by proclamation of June 29, 1910, and Sweden, May +26, 1911, to go into effect June 1, 1911. + +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. + + + 3. UNITED STATES SUPREME COURT RULES + +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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 +plaintiff or complainant may require such sureties to justify within ten +days of the filing of such bond. + +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. + +12. Any service required to be performed by any marshal may be performed +by any deputy of such marshal. + +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. + + + 4. UNITED STATES COPYRIGHT OFFICE REGULATIONS + +RULES AND REGULATIONS FOR THE REGISTRATION OF CLAIMS TO COPYRIGHT + +{Sidenote: Copyright under act} + +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 _after_ such publication, but the statute expressly +provides, in certain cases, for registration of manuscript works. + + +WHO MAY SECURE COPYRIGHT + +{Sidenote: Persons entitled to copyright} + +2. The persons entitled by the act to copyright protection for their +works are: + +(1) The _author_ of the work, if he is: + +(_a_) A citizen of the United States, or + +(_b_) A resident alien domiciled in the United States at the time of the +first publication of his work, or + +(_c_) 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. + +(2) The _proprietor_ 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. + +(3) The _executors_, _administrators_ or _assigns_ of the +above-mentioned author or proprietor. + +{Sidenote: Copyright registration} + +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 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. + +A certificate of registration is issued to the applicant and duplicates +thereof may be obtained on payment of the statutory fee of 50 cents. + + +SUBJECT-MATTER OF COPYRIGHT + +{Sidenote: Works subject to copyright} + +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). + +Section 5 of the act divides the works for which copyright may be +secured into eleven classes, as follows: + +(_a_) _Books._--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; encyclopaedias; 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. + +{Sidenote: Blank books, etc., not copyrightable} + +5. The term "book" can not be applied to-- + +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. + +Directions on scales, or dials, or mathematical or other instruments; +puzzles; games; rebuses; labels; wrappers; formulae on boxes, bottles, +and other receptacles of articles for sale or meant to accompany such +articles. + +Advertisements or catalogues which merely set forth the names, prices, +and places where articles are for sale. + +Prefaces or other introductory matter to works not themselves entitled +to copyright protection, such as blank books. + +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. + +{Sidenote: Periodicals} + +6. (_b_) _Periodicals._--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. + +{Sidenote: Lectures, etc.} + +7. (_c_) _Lectures_, _sermons_, _addresses_, or similar productions, +prepared for oral delivery. + +{Sidenote: Dramatic compositions, etc.} + +8. (_d_) _Dramatic and dramatico-musical compositions_, such as dramas, +comedies, operas, operettas and similar works. + +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.") + +{Sidenote: Dramatico-musical compositions, etc.} + +9. _Dramatico-musical compositions_ include principally operas, +operettas, and musical comedies, or similar productions which are to be +acted as well as sung. + +{Sidenote: Songs separately published} + +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. + +{Sidenote: Musical compositions} + +10. (_e_) _Musical compositions_, including other vocal and all +instrumental compositions, with or without words. + +But when the text is printed alone it should be registered as a "book," +not as a "musical composition." + +"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. + +{Sidenote: Maps} + +11. (_f_) _Maps._--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. + +{Sidenote: Works of art} + +12. (_g_) _Works of art._--This term includes all works belonging fairly +to the so-called fine arts. (Paintings, drawings, and sculpture.) + +Productions of the industrial arts utilitarian in purpose and character +are not subject to copyright registration, even if artistically made or +ornamented. + +{Sidenote: Toys, games, etc.} + +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. + +{Sidenote: Reproductions of works of art} + +13. (_h_) _Reproductions of works of art._--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. + +{Sidenote: Drawings or plastic works} + +14. (_i_) _Drawings or plastic works of a scientific or technical +character._--This term includes diagrams or models illustrating +scientific or technical works, architects' plans, designs for +engineering work, etc. + +{Sidenote: Photographs} + +15. (_j_) _Photographs._--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. + +{Sidenote: Prints and pictorial illustrations} + +16. (_k_) _Prints and pictorial illustrations._--This term comprises all +printed pictures not included in the various other classes enumerated +above. + +{Sidenote: Articles for use not copyrightable} + +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. + +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." + +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. + + +HOW TO SECURE REGISTRATION + +{Sidenote: Registrable works} + +17. Copyright registration may be secured for: + +(1) Unpublished works. + +(2) Published works. + + +UNPUBLISHED WORKS + +_Unpublished works_ are such as have not at the time of registration +been printed or reproduced in copies for sale, or been publicly +distributed. They include: (_a_) Lectures, sermons, addresses, or +similar productions for oral delivery; (_b_) dramatic and musical +compositions; (_c_) photographic prints; (_d_) works of art (paintings, +drawings, and sculpture), and (_e_) plastic works. + +In order to secure copyright in such unpublished works, the following +steps are necessary: + +{Sidenote: Registration of unpublished works} + +18. (1) In the case of lectures, sermons, addresses, and dramatic and +musical compositions, deposit one typewritten or manuscript copy of the +work. + +This copy should be in convenient form, clean and legible, the leaves +securely fastened together, and should bear the title of the work +corresponding to that given in the application. + +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. + +{Sidenote: Unpublished photograph} + +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.) + +{Sidenote: Photograph of work of art} + +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. + +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. + +{Sidenote: Reproduction of unpublished work} + +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. + + +PUBLISHED WORKS + +DEPOSIT OF COPIES + +{Sidenote: Deposit of copies} + +22. After publication of the work with the copyright notice inscribed, +two _complete_ 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. + +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. + +{Sidenote: Definition of "published work"} + +23. Published works are such as are printed or otherwise produced and +"placed on sale, sold, or publicly distributed" (_i. e._, 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. + + +NOTICE OF COPYRIGHT + +{Sidenote: Form of notice} + +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 _for the benefit of another_. The beneficiary's name should be +printed in such cases. + +{Sidenote: Short form of notice} + +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 +(C), 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. + +{Sidenote: Notice upon each copy} + +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 _ad +interim_ protection in the United States, as provided in section 21 of +the copyright act. + + +AMERICAN MANUFACTURE OF COPYRIGHT BOOKS + +{Sidenote: Works produced in United States} + +27. The following works must be manufactured in the United States in +order to secure copyright: + +(_a_) 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. + +(_b_) All _illustrations_ within a book produced by lithographic process +or photo-engraving process and all _separate lithographs_ or +_photo-engravings_ 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." + +{Sidenote: Books by foreign authors} + +28. Books by foreign authors in any language other than English are not +required to be printed in the United States. + +{Sidenote: Books printed abroad} + +In the case of books printed abroad in the English language an _ad +interim_ 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 _ad interim_ term, printed or produced +within the limits of the United States as required in section 15 of the +copyright act. + + +APPLICATION FOR REGISTRATION + +{Sidenote: Application for registration} + +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: + +(1) The _name_ and address of the claimant of copyright. + +(2) The _nationality_ of the author of the work. + +(3) The _title_ of the work. + +(4) The name and address of person to whom certificate is to be sent. + +(5) In the case of all _published_ works the actual date (year, month, +and day) when the work was published. + +{Sidenote: Name of author} + +{Sidenote: Nationality of author} + +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. + + +APPLICATION FORMS + +{Sidenote: Application forms} + +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: + +A1. Book by citizen or resident of the United States. + +A1. New ed. New edition of book by citizen or resident of the United +States. + +A1. for. Book by citizen or resident of a foreign country, but +manufactured in the United States. + +A2. Edition printed in the United States of a book originally published +abroad in the English language. + +A3. Book by foreign author in foreign language. + +A4. Ad interim. Book published abroad in the English language. + +A5. Contribution to a newspaper or periodical. + +B1. Periodical. For registration of single issue. + +B2. Periodical. General application and deposit. + +C. Lecture, sermon, or address. + +D1. Published dramatic composition. + +D2. Dramatic composition not reproduced for sale. + +D3. Dramatico-musical composition. + +E1. Published musical composition. + +E2. Musical composition not reproduced for sale. + +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. + +J1. Photograph published for sale. + +J2. Photograph not reproduced for sale. + +K. Print or pictorial illustration. + + +AFFIDAVIT OF MANUFACTURE + +{Sidenote: Affidavit for book} + +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: + +(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. + +(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. + +(3) That the binding of such books has been performed within the limits +of the United States, showing the place and the name of the +establishment where the work was done. This can be omitted if the work +is unbound. + +(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. + +{Sidenote: Date of publication} + +Section 62 of the copyright act defines 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." + +{Sidenote: Affidavit must be under seal} + +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. + +{Sidenote: Errors by applicants} + +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: + +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. + +Reciting a corporation or partnership as affiant. Oaths can be taken +only by individuals. + +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. + +Failure to state the _exact date_ of publication or completion of +printing. The month alone is insufficient. + +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. + +Failure to obtain signature of the notary after swearing to the +contents. + +Failure to obtain the seal of the notary. + +Swearing before an officer not authorized to act in the place stated in +the venue. + +Variance between names and dates as stated in the affidavit and the +application. + +The affidavit must never be made before the day of publication. + +{Sidenote: By whom affidavit may be made} + +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. + +The person making the affidavit must state in which of the +above-mentioned capacities he does so. + +{Sidenote: Book in foreign language} + +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. + +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 _ad interim_ protection +under section 21. In such cases the affidavit must be filed when the _ad +interim_ copyright is sought to be extended to the full term. + +The affidavit is only required for BOOKS. + + +PERIODICALS (FORM B) + +{Sidenote: Periodicals} + +36. Application should be made in the same manner as for books, +depositing two copies, but no affidavit is required. + +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. + + +CONTRIBUTIONS TO PERIODICALS (FORM A5) + +{Sidenote: Contributions to periodicals} + +37. If special registration is requested for any contribution to a +periodical, _one_ copy of the number of the periodical in which the +contribution appears should be deposited promptly after publication. + +The entire copy should be sent; sending a mere clipping or a page +containing the contribution does not comply with the statute. + +The date of publication of a periodical is not necessarily 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. + + +AD INTERIM APPLICATIONS (FORM A4) + +{Sidenote: Ad interim copyright} + +38. Where a book in the English language has been printed abroad, an _ad +interim_ 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. + +The deposit must be made within thirty days from publication abroad. +Whenever, within the thirty days' period of _ad interim_ 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 A2). + + +MAILING APPLICATIONS AND COPIES + +{Sidenote: Address of mail matter} + +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. + +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. + +No franking label is issued by the Copyright Office for this purpose. + + +FEES + +{Sidenote: Copyright fees} + +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. + +{Sidenote: Remittances} + +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. + +Publishers may for their own convenience deposit in the Copyright Office +a sum of money in advance against which each registration will be +charged. + + +ASSIGNMENTS OF COPYRIGHT + +{Sidenote: Assignments of copyright} + +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. + +After having been recorded the original assignment will be returned to +the sender with a sealed certificate of record attached. + +{Sidenote: Fee for recording assignment} + +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. + +{Sidenote: Name of assignee in claim} + +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. + + +NOTICE OF USER OF MUSICAL COMPOSITIONS + +{Sidenote: Notice of user of music} + +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. + +{Sidenote: Notice in absence of license} + +45. Whenever any person in the absence of a license intends to use a +copyrighted musical composition upon the 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. + + +APPLICATION FOR THE RENEWAL OR EXTENSION OF SUBSISTING COPYRIGHTS + +{Sidenote: Renewals and extensions} + +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: + +(1) The author of the work if still living; + +(2) The widow, widower, or children of the author if the author is not +living. + +(3) The author's executor, if such author, widow, widower, or children +be not living; + +(4) If the author, widow, widower, and children are all dead, and the +author left no will, then the next of kin. + +{Sidenote: Renewal for composite work} + +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. + +{Sidenote: Renewal fee} + +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. + + +SEARCHES + +{Sidenote: Searches} + +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. + +{Sidenote: Search fee} + +The statutory fee for searches is 50 cents for each full hour of time +consumed in making such search. + + + + + AFFIDAVIT OF AMERICAN MANUFACTURE OF A1 + COPYRIGHT BOOK. + +Fill in the required statements to accord with the facts concerning the +book named, and draw pen through such statements as are not intended to +be made. + + State of_____________ } + } ss. + County of_____________ } + + Impression seal + here + I,_________________________________________ + _________________________________________ + ____, {being duly sworn, depose} + {do solemnly affirm } and say: + +(1) That I am the person claiming copyright in the book named herein. + +(2) That I am the duly authorized agent or representative residing in +the United States of the claimant of copyright in the book named herein. + +(3) That I am the printer of the book named herein. + +I further depose and say that, in so far as required by the Act of March +4, 1909, + + the BOOK ENTITLED_________________________________________________ + __________________________________________________________________ + of which two copies have been deposited, HAS BEEN PRINTED by______ + + ___________________________at_____________________________________ + + from {type / plates made in the U. S. from type} set within the limits + of the United + + + States by__________________at_____________________________________; + + that the printing of the text of the said book was completed on___, + + 19__; that the said book was published on________________, 19_____; + that the BINDING of the said book has been performed within the limits + of the + + United States by___________at_____________________________________. + + (Signature)___________________________________ + + Subscribed and {sworn to} before me this______day of________, 19__. + {affirmed} + _________________________________________ + Place seal at + top of page _________________________________________ + [OVER] + + + A1 | * + Name of claimant | 2 c. rec'd__________ + | + ______________________________________|_____________________ + Author and title | Affidavit + | rec'd___________ + ______________________________________| + | Cl. A, XXc. No.____ + ______________________________________| + Leave all above these lines blank | $____Cash No._______ + ============================================================ + + APPLICATION FOR COPYRIGHT--BOOK BY CITIZEN OR + RESIDENT OF THE UNITED STATES. + + REGISTER OF COPYRIGHTS, WASHINGTON, D. C. ________Date. + + Of the BOOK named herein, first published after June 30, 1909, TWO + complete copies of the best edition published on the date stated + herein are hereby deposited to secure copyright, accompanied by the + AFFIDAVIT required by section 16 of the Act of March 4, 1909, that the + book has been produced in accordance with the manufacturing provisions + specified in section 15 of the said Act. $1 (statutory fee for + registration) is also inclosed. The copyright is claimed by the + undersigned: + + Name and address of {_________________________________________________ + copyright claimant {_________________________________________________ + + Author or + authors_______________________________________________________________ + + If the work is anonymous or pseudonymous, it is not obligatory to + state the name of the author. + + ====================================================================== + + Title of book_________________________________________________________ + ______________________________________________________________________ + ______________________________________________________________________ + ____vol.____ Price, $____. Date of publication____________ [Must be + [Date when placed on sale, sold, or publicly distributed.] exactly + stated] + Send certificate of {_________________________________________________ + registration to {_________________________________________________ + + NOTE.--This form is to be used only for BOOKS by CITIZENS or RESIDENTS + of the United States. A separate application card must be used for + each separate WORK. No registration can be made unless copies are + accompanied with a properly filled out application card, statutory + fee, and the required AFFIDAVIT. + + --> Failure to deposit copies bars suit for infringement and, if + deposit of copies is not made after "actual notice," involves a fine + of $100, the payment of twice the value of the book, and the COPYRIGHT + BECOMES VOID. (OVER) + + + + + 5. U. S. TREASURY AND POST OFFICE REGULATIONS + + (T. D. 31754.) + +TREASURY DEPARTMENT, _July 17, 1911_. + +_Collectors and other officers of the customs:_ + +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: + +[Here follow secs. 15, 30, 31, 32, 33, 18, as given in preceding pages.] + +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. + + +REGULATIONS + +Under the copyright act the following articles are prohibited +importation: + +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. + +2. Articles bearing a false notice of copyright when there is no +existing copyright thereon in the United States. + +3. Authorized foreign reprints of books by an American author +copyrighted in the United States. + +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. + +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.) + +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.) + +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. + +Imported articles found to bear a false notice of copyright will be +detained and forfeiture proceedings instituted as provided in Schedule +32. + +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. + +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.) + +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, _supra_.) + +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. + + FRANKLIN MACVEAGH, _Secretary_. + + +JOINT REGULATIONS + + 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. + +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; + +_Unsealed_ 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. + +_Sealed_ 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. + +Receipt should be taken for articles submitted to customs officials as +prohibited importation under the copyright 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. + +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. + + FRANKLIN MACVEAGH, + _Secretary of the Treasury_. + FRANK H. HITCHCOCK, + _Postmaster General_. + + + + + II + + BRITISH EMPIRE: COPYRIGHT PROVISIONS + + + 6. BRITISH COPYRIGHT ACT, 1911 + + AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING + TO COPYRIGHT [16th December 1911.] + +(2 GEORGE V, CHAPTER 46) + +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:-- + + +PART I. + +IMPERIAL COPYRIGHT. + +_Rights._ + +{Sidenote: Copyright} + +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-- + + (_a_) in the case of a published work, the work was first published + within such parts of His Majesty's dominions as aforesaid; and + + (_b_) 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; + +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. + +(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,-- + + (_a_) to produce, reproduce, perform, or publish any translation of + the work; + + (_b_) in the case of a dramatic work, to convert it into a novel or + other non-dramatic work; + + (_c_) 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; + + (_d_) 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, + +and to authorize any such acts as aforesaid. + +(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. + +{Sidenote: Infringement of copyright} + +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:-- + + (i) Any fair dealing with any work for the purposes of private + study, research, criticism, review, or newspaper summary: + + (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 that work: + + (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: + + (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: + + (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: + + (vi) The reading or recitation in public by one person of any + reasonable extract from any published work. + +(2) Copyright in a work shall also be deemed to be infringed +by any person who-- + + (_a_) sells or lets for hire, or by way of trade exposes or offers + for sale or hire; or + + (_b_) distributes either for the purposes of trade or to such an + extent as to affect prejudicially the owner of the copyright; or + + (_c_) by way of trade exhibits in public; or + + (_d_) imports for sale or hire into any part of His Majesty's + dominions to which this Act extends, + +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. + +(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. + +{Sidenote: Term of copyright} + +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: + +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. + +{Sidenote: Compulsory licences} + +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. + +{Sidenote: Ownership of copyright, &c.} + +5.--(1) Subject to the provisions of this Act, the author of a work +shall be the first owner of the copyright therein: + +Provided that-- + + (_a_) 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 + + (_b_) 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. + +(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 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: + +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. + +(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. + + +_Civil Remedies._ + +{Sidenote: Civil remedies for infringement of copyright} + +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. + +(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. + +(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-- + + (_a_) 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; + + (_b_) 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. + +{Sidenote: Rights of owner against persons possessing or dealing with +infringing copies, &c.} + +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. + +{Sidenote: Exemption of innocent infringer from liability to pay +damages, &c.} + +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 reasonable +ground for suspecting that copyright subsisted in the work. + +{Sidenote: Restriction on remedies in the case of architecture} + +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. + +(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. + +{Sidenote: Limitation of actions} + +10. An action in respect of infringement of copyright shall not be +commenced after the expiration of three years next after the +infringement. + + +_Summary Remedies._ + +{Sidenote: Penalties for dealing with infringing copies, &c.} + +11.--(1) If any person knowingly-- + + (_a_) makes for sale or hire any infringing copy of a work in which + copyright subsists; or + + (_b_) 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 + + (_c_) 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 + + (_d_) by way of trade exhibits in public any infringing copy of any + such work; or + + (_e_) imports for sale or hire into the United Kingdom any + infringing copy of any such work: + +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. + +(2) If any person knowingly makes or has in his possession 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. + +(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. + +{Sidenote: 2 Edw. 7. c. 15.} + +{Sidenote: 6 Edw. 7. c. 36.} + +(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. + +{Sidenote: Appeals to quarter sessions} + +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. + +{Sidenote: Extent of provisions as to summary remedies} + +13. The provisions of this Act with respect to summary remedies shall +extend only to the United Kingdom. + + +_Importation of Copies._ + +{Sidenote: Importation of copies} + +{Sidenote: 39 & 40 Vict. c. 36.} + +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 restrictions contained in section forty-two of the +Customs Consolidation Act, 1876, and that section shall apply +accordingly. + +(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. + +(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. + +(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. + +(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. + +(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. + +(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. + + +_Delivery of Books to Libraries._ + +{Sidenote: Delivery of copies to British Museum and other libraries} + +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. + +(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 depot 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 encyclopaedia, +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. + +(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. + +(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. + +(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. + +(6) If a publisher fails to comply with this section, he shall be liable +on summary conviction to a fine not exceeding 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. + +(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. + + +_Special Provisions as to certain Works._ + +{Sidenote: Works of joint authors} + +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. + +(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: + +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. + +(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 not distinct from the contribution of the +other author or authors. + +(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. + +{Sidenote: Posthumous works} + +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. + +(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. + +{Sidenote: Provisions as to Government publications} + +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. + +{Sidenote: Provisions as to mechanical instruments} + +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 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. + +(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-- + + (_a_) that such contrivances have previously been made by, or with + the consent or acquiescence of, the owner of the copyright in the + work; and + + (_b_) 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: + +Provided that-- + + (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 + + (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. + +(3) The rate at which such royalties as aforesaid are to be calculated +shall-- + + (_a_) 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 + + (_b_) in the case of contrivances sold as aforesaid after the + expiration of that period, five per cent. + +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: + +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. + +(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. + +(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. + +(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. + +(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:-- + + (_a_) 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: + + (_b_) 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: + + (_c_) 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: + + (_d_) 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 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: + + (_e_) 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. + +(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. + +Provided that-- + + (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 + + (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. + +{Sidenote: Provision as to political speeches} + +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. + +{Sidenote: Provisions as to photographs} + +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 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. + +{Sidenote: Provisions as to designs registrable under 7 Edw. 7. c. 29} + +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. + +(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. + +{Sidenote: Works of foreign authors first published in parts of His +Majesty's dominions to which Act extends} + +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. + +{Sidenote: Existing works} + +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: + +Provided that-- + + (_a_) if the author of any work in which any such right as 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-- + + (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 + + (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; + + 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: + + (_b_) where any person has, before the twenty-sixth day 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. + +(2) For the purposes of this section, the expression "author" includes +the legal personal representatives of a deceased author. + +(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. + + +_Application to British Possessions._ + +{Sidenote: Application of Act to British dominions} + +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. + +(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 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. + +{Sidenote: Legislative powers of self-governing dominions} + +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. + +(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. + +(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 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: + +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. + +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. + +{Sidenote: Power of Legislatures of British possessions to pass +supplemental legislation} + +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. + +{Sidenote: Application to protectorates} + +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. + + +PART II. + +INTERNATIONAL COPYRIGHT. + +{Sidenote: Power to extend Act to foreign works} + +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-- + + (_a_) 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; + + (_b_) 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; + + (_c_) 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; + +and thereupon, subject to the provisions of this Part of this Act and of +the Order, this Act shall apply accordingly: + +Provided that-- + + (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; + + (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; + + (iii) the provisions of this Act as to the delivery of copies of + books shall not apply to works first published in such country, + except so far as is provided by the Order; + + (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; + + (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; + +{Sidenote: 49 & 50 Vict. c. 33.} + + (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. + +(2) An Order in Council under this section may extend to all the several +countries named or described therein. + +{Sidenote: Application of Part II. to British possessions} + +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. + +(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. + +(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 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. + + +PART III. + +SUPPLEMENTAL PROVISIONS. + +{Sidenote: Abrogation of common law rights} + +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. + +{Sidenote: Provisions as to Orders in Council} + +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. + +(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. + +{Sidenote: Saving of university copyright. 15 Geo. 3. c. 53} + +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. + +{Sidenote: Saving of compensation to certain libraries} + +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: + +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. + +{Sidenote: Interpretation} + +35.--(1) In this Act, unless the context otherwise requires,-- + + "Literary work" includes maps, charts, plans, tables, and + compilations; + + "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; + + "Artistic work" includes works of painting, drawing, sculpture and + artistic craftsmanship, and architectural works of art and engravings + and photographs; + + "Work of sculpture" includes casts and models; + + "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; + + "Engravings" include etchings, lithographs, woodcuts, prints, and + other similar works, not being photographs; + + "Photograph" includes photo-lithograph and any work produced by any + process analogous to photography; + + "Cinematograph" includes any work produced by any process analogous + to cinematography; + + "Collective work" means-- + + (_a_) an encyclopaedia, dictionary, year book, or similar work; + + (_b_) a newspaper, review, magazine, or similar periodical; and + + (_c_) any work written in distinct parts by different authors, or + in which works or parts of works of different authors are + incorporated; + + "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; + + "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; + + "Delivery," in relation to a lecture, includes delivery by means of + any mechanical instrument; + + "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; + + "Lecture" includes address, speech, and sermon; + + "Self-governing dominion" means the Dominion of Canada, the + Commonwealth of Australia, the Dominion of New Zealand, the Union of + South Africa, and Newfoundland. + +(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. + +(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 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. + +(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. + +(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. + +{Sidenote: Repeal} + +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: + +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. + +{Sidenote: Short title and commencement} + +37.--(1) This Act may be cited as the Copyright Act, 1911. + +(2) This Act shall come into operation-- + + (_a_) 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; + + (_b_) in a self-governing dominion to which this Act extends, at + such date as may be fixed by the Legislature of that dominion; + + (_c_) in the Channel Islands, at such date as may be fixed by the + States of those islands respectively; + + (_d_) in any other British possession to which this Act extends, on + the proclamation thereof within the possession by the Governor. + + + FIRST SCHEDULE. + + EXISTING RIGHTS. + + ---------------------------------------------------------------------- + EXISTING RIGHT. | SUBSTITUTED RIGHT. + ---------------------------------------------------------------------- + + _(a) In the case of Works other than Dramatic and Musical Works._ + + Copyright. | Copyright as defined by this Act.[3] + + _(b) In the case of Musical and Dramatic Works._ + + Both copyright and performing | Copyright as defined by this Act.[3] + right. | + Copyright, but not performing | Copyright as defined by this Act, + right. | except the sole right to perform + | the work or any substantial + | part thereof in public. + Performing right, but not copy- | The sole right to perform the + right. | work in public, but none of the + | other rights comprised in copy- + | right as defined by this Act. + ---------------------------------------------------------------------- + +For the purposes of this Schedule the following expressions, where used +in the first column thereof, have the following meanings:-- + + "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; + + "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. + + Footnote 3: 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. + + + SECOND SCHEDULE. + + ENACTMENTS REPEALED. + + ------------------+----------------------------+------------------------- + SESSION AND | SHORT TITLE. | EXTENT OF REPEAL. + CHAPTER. | | + ------------------+----------------------------+------------------------- + 8 Geo. 2. c. 13. | The Engraving Copyright | The whole Act. + | Act, 1734. | + 7 Geo. 3. c. 38. | The Engraving Copyright | The whole Act. + | Act, 1767. | + 15 Geo. 3. c. 53. | The Copyright Act, 1775. | The whole Act. + 17 Geo. 3. c. 57. | The Prints Copyright Act, | The whole Act. + | 1777. | + 54 Geo. 3. c. 56. | The Sculpture Copyright | The whole Act. + | Act, 1814. | + 3 & 4 Will. 4. c. | The Dramatic Copyright | The whole Act. + 15. | Act, 1833. | + 5 & 6 Will. 4. c. | The Lectures Copyright | The whole Act. + 65. | Act, 1835. | + 6 & 7 Will. 4. c. | The Prints and Engravings | The whole Act. + 59. | Copyright (Ireland) | + | Act, 1836. | + 6 & 7 Will. 4. | The Copyright Act, 1836. | The whole Act. + c. 110. | | + 5 & 6 Vict. c. | The Copyright Act, 1842. | The whole Act. + 45. | | + 7 & 8 Vict. c. | The International Copy- | The whole Act. + 12. | right Act, 1844. | + 10 & 11 Vict. c. | The Colonial Copyright | The whole Act. + 95. | Act, 1847. | + 15 & 16 Vict. c. | The International Copy- | The whole Act. + 12. | right Act, 1852. | + 25 & 26 Vict. | The Fine Arts Copyright | Sections one to six. In + c. 68. | Act, 1862. | section eight the + | | words "and pursuant + | | to any Act for the + | | protection of copy- + | | right engravings." + | | Sections nine to + | | twelve. + 38 & 39 Vict. | The International Copy- | The whole Act. + c. 12. | right Act, 1875. | + 39 & 40 Vict. | The Customs Consolidation | Section forty-two, from + c. 36. | Act, 1876. | "Books wherein" to + | | "such copyright will + | | expire." Sections + | | forty-four, forty-five + | | and one hundred and + | | fifty-two. + 45 & 46 Vict. | The Copyright (Musical | The whole Act. + c. 40. | Compositions) Act, 1882. | + 49 & 50 Vict. | The International Copy- | The whole Act. + c. 33. | right Act, 1886. | + 51 & 52 Vict. | The Copyright (Musical | The whole Act. + c. 17. | Compositions) Act, 1888. | + 52 & 53 Vict. | The Revenue Act, 1889. | Section one, from + c. 42. | | "Books first pub- + | | lished" to "as pro- + | | vided in that sec- + | | tion." + 6 Edw. 7. c. | The Musical Copyright | In section three the + 36. | Act, 1906. | words "and which has + | | been registered in ac- + | | cordance with the + | | provisions of the + | | Copyright Act, 1842, + | | or of the Internation- + | | al Copyright Act, + | | 1844, which registra- + | | tion may be effected + | | notwithstanding + | | anything in the Inter- + | | national Copyright + | | Act, 1886." + ------------------+----------------------------+------------------------- + + +_6a._ FINE ARTS COPYRIGHT ACT, 1862 + +[_Unrepealed Sections_] + +(25 & 26 VICTORIA, CHAPTER 68) + +{Sidenote: Penalties on fraudulent Productions and Sales} + +VII. No Person shall do or cause to be done any or either of the +following Acts; that is to say, + + 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: + + 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: + + 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: + + 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, or of any Part thereof, as or + for the unaltered Work of such Author or Maker: + +{Sidenote: Penalties} + +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. + +{Sidenote: Recovery of pecuniary Penalties} + +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: + +{Sidenote: In England and Ireland} + + 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: + +{Sidenote: In Scotland} + + 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. + + +_6b._ MUSICAL (SUMMARY PROCEEDINGS) COPYRIGHT ACT, 1902 + +[_Unrepealed_] + +(2 EDWARD VII., CHAPTER 15) + +AN ACT TO AMEND THE LAW RELATING TO MUSICAL COPYRIGHT. [22d JULY, 1902.] + +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: + +{Sidenote: Seizure, etc.; of pirated copies} + +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. + +{Sidenote: Power to seize copies on hawkers} + +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. + +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. + +{Sidenote: Definitions} + +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 do all or any of the following things in +respect of a musical work: + +(1) To make copies by writing or otherwise of such musical work. + +(2) To abridge such musical work. + +(3) To make any new adaptation, arrangement, or setting of such musical +work, or of the melody thereof, in any notation or system. + +"Musical work" means any combination of melody and harmony, or either of +them, printed, reduced to writing or otherwise graphically produced or +reproduced. + +"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. + +{Sidenote: Short title and commencement} + +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. + + +_6c._ MUSICAL COPYRIGHT ACT, 1906 + +[_Unrepealed_] + +(6 EDWARD VII., CHAPTER 36) + +AN ACT TO AMEND THE LAW RELATING TO MUSICAL COPYRIGHT. [4TH AUGUST, +1906.] + +{Sidenote: A. D. 1906} + +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:-- + +{Sidenote: Penalty for being in possession of pirated music} + +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. + +{Sidenote: Constable may take into custody without warrant} + +(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 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. + +(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. + +(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. + +{Sidenote: 38 & 39 Vict. c. 62} + +{Sidenote: Right of entry by police for execution of Act} + +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. + +(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. + +{Sidenote: Definitions} + +3. In this Act-- + +{Sidenote: "Pirated copies"} + +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: + +{Sidenote: "Musical work"} + +The expression "musical work" means a musical work in which there is a +subsisting copyright: + +{Sidenote: "Plates"} + +The expression "plates" includes any stereotype or other 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: + +{Sidenote: "Chief officer of police"} + +The expression "chief officer of police"-- + + (_a_) with respect to the City of London, means the Commissioner of + City Police; + +{Sidenote: 53 & 54 Vict. c. 45} + + (_b_) elsewhere in England has the same meaning as in the Police + Act, 1890; + +{Sidenote: 53 & 54 Vict. c. 67} + + (_c_) in Scotland has the same meaning as in the Police (Scotland) + Act, 1890; + + (_d_) in the police district of Dublin metropolis means either of + the Commissioners of Police for the said district; + + (_e_) elsewhere in Ireland means the District Inspector of the + Royal Irish Constabulary: + +{Sidenote: "Court of summary jurisdiction"} + +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. + +{Sidenote: Short title} + +4. This Act may be cited as the Musical Copyright Act, 1906. + + + 7. CANADIAN COPYRIGHT MEASURE, 1911 + + AN ACT RESPECTING COPYRIGHT + +{Sidenote: Short title} + +1. This Act may be cited as _The Copyright Act, 1911_. + +INTERPRETATION + +{Sidenote: Definitions:} + +2. In this Act, unless the context otherwise requires,-- + +{Sidenote: "Minister"} + +"Minister" means the Minister of Agriculture; + +{Sidenote: "Department"} + +"Department" means the Department of Agriculture; + +{Sidenote: "Legal representatives"} + +"legal representatives" includes heirs, executors, administrators and +assigns, or other legal representatives; + +{Sidenote: "Literary" and other works} + +"literary work" includes maps, charts, plans, and tables; + +"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; + +"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; + +"artistic work" includes works of painting, drawing, sculpture and +artistic craftsmanship, and architectural works of art, and engravings +and photographs; + +"work of sculpture" includes casts and models; + +"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; + +{Sidenote: "Engravings"} + +"engravings" include etchings, lithographs, woodcuts, prints and other +similar works, not being photographs; + +{Sidenote: "Photograph"} + +"photograph" includes photo-lithograph and any work produced by any +process analogous to photography; + +{Sidenote: "Cinematograph"} + +"cinematograph" includes any work produced by any process analogous to +cinematography; + +{Sidenote: "Pirated"} + +"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; + +{Sidenote: "Publication"} + +"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; + +{Sidenote: "Performance"} + +"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; + +{Sidenote: "Delivery"} + +"delivery," in relation to a lecture, includes delivery by means of any +mechanical instrument; + +{Sidenote: "Plate"} + +"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; + +{Sidenote: "Lecture"} + +"lecture" includes address, speech and sermon; + +{Sidenote: "Copyright"} + +"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,-- + + (_a_) in the case of a dramatic work, to convert it into a novel or + other non-dramatic work; + + (_b_) 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; + + (_c_) 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. + +{Sidenote: Publication, performance or delivery in public} + +(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. + +{Sidenote: Simultaneous publication} + +(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. + +{Sidenote: Copyright to bona fide resident} + +(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. + + +CONDITIONS OF COPYRIGHT + +{Sidenote: Conditions of copyright in Canada} + +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. + +{Sidenote: Notice of copyright--} + +(2.) Every copy of a work published in Canada shall be printed or made +in Canada, and shall bear notice of copyright-- + +{Sidenote: Of books, engravings, photographs, maps, etc.} + + (_a_) if the work is a book or other printed publication, on the + title-page or on the page immediately following; or, + + (_b_) 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, + + (_c_) if the work is a volume of maps, charts, plans, tables, + music, engravings or photographs, on the title-page or first page + thereof: + +in the words "Copyright, Canada, 19--, by A. B." + +{Sidenote: Of paintings, sculpture, etc.} + +(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. + + +INFRINGEMENT + +{Sidenote: Infringement of copyright} + +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;-- + +{Sidenote: Exceptions} + + (i) any fair dealing with any work for the purposes of private + study, research, criticism or review; + + (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; + + (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; + + (iv) the publication in a newspaper of a report of a lecture + delivered in public, unless the report is prohibited by notice + given either-- + + (_a_) orally, at the beginning of the lecture, or, if the lecture + is one of a series of lectures given by the same lecturer on the + same subject at the same place, at the beginning of the first + lecture of the series; or + + (_b_) 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. + + (v) the representing of any scene or object, notwithstanding that + there may be copyright in some other representation of such scene + or object. + +{Sidenote: Infringement by sale, etc.} + +(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. + +{Sidenote: Infringement by public performance} + +(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. + + +TERM OF COPYRIGHT + +{Sidenote: Term of copyright} + +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. + + +LICENSES TO REPUBLISH + +{Sidenote: License to republish or perform work in public granted by +Minister upon petition} + +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 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. + +{Sidenote: Appeal} + +(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. + + +{Sidenote: Ownership of copyright} + +OWNERSHIP AND ASSIGNMENT OF COPYRIGHT + +7. Subject to the provisions of this Act, the author of a work shall be +the first owner of the copyright therein: + +Provided that-- + + (_a_) 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; + + (_b_) 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. + +{Sidenote: Assignment of copyright} + +(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. + +{Sidenote: Registration of assignment or license} + +(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. + +{Sidenote: Duplicate copies} + +(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. + +{Sidenote: Application for registration} + +(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. + +{Sidenote: Assignee or licensee must comply with Act} + +(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. + + +CIVIL REMEDIES + +{Sidenote: Civil remedies for infringement of copyright} + +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. + +{Sidenote: Costs} + +(2.) The costs in any proceedings in respect of the infringement of +copyright shall be in the absolute discretion of the court. + +{Sidenote: Rights of owner respecting pirated copies} + +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. + +{Sidenote: Remedies in the case of architecture} + +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. + +{Sidenote: Limitation} + +(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. + + +OFFENCES AND PENALTIES + +{Sidenote: Penalty for false entries} + +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. + +{Sidenote: Limitation of action} + +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. + + +SUMMARY REMEDIES + +{Sidenote: Penalties for dealing with pirated copies} + +13. If any person-- + + (_a_) makes for sale or hire any pirated copy of a work in which + copyright subsists; or, + + (_b_) 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, + + (_c_) distributes or exhibits in public any pirated copy of any + such work; or, + + (_d_) imports for sale or hire into Canada any pirated copy of any + such work: + +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 +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: + +{Sidenote: Proviso as to certain cases} + +Provided that a person convicted of an offence under paragraph (_b_) 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. + +{Sidenote: Penalty for making or possessing plate of pirated copies} + +(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. + +{Sidenote: Destruction of plate upon order of court} + +(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. + +{Sidenote: Seizure of pirated copies being hawked about or sold and +arrest of offender} + +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-- + + (_a_) to seize without further warrant any copies of the work which + may be found being hawked or carried about, sold or offered for + sale; + + (_b_) 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. + +{Sidenote: Execution of order for seizure and arrest} + +(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. + +{Sidenote: Disposition of works seized} + +(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. + +{Sidenote: Orders open to inspection} + +(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. + +(5.) A single order under this section may be made extending to several +works. + +{Sidenote: Scope of order} + +(6.) An order under this section shall not authorize-- + + (_a_) the arrest of any person selling or offering for sale; or, + + (_b_) the seizure of copies of + +{Sidenote: Newspaper or periodical excepted} + +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. + +{Sidenote: Search warrants} + +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 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. + + +IMPORTATION OF COPIES + +{Sidenote: Importation of copies of copyright works} + +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 _The Customs +Tariff_, and that Schedule shall apply accordingly. + +{Sidenote: If copyright owner licenses reproduction in Canada, the +Minister may prohibit importation of books printed elsewhere} + +{Sidenote: Proviso} + +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. + +{Sidenote: Suspension or revocation of prohibition} + +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-- + + (_a_) the license to reproduce in Canada has terminated or expired; + or, + + (_b_) the reasonable demand for the book in Canada is not + sufficiently met without importation; or, + + (_c_) the book is not, having regard to the demand therefor in + Canada, being suitably printed or published; or, + + (_d_) any other state of things exists on account of which it is + not in the public interest to further prohibit importation. + +{Sidenote: Licensee to furnish copy of any edition if required} + +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. + +{Sidenote: Otherwise prohibition may be revoked} + +(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. + +{Sidenote: Customs notified of prohibition} + +20. The Minister shall forthwith inform the Department of Customs of any +order made by him under this Act. + +{Sidenote: Unlawful importation of books} + +{Sidenote: Forfeiture} + +{Sidenote: Penalty} + +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 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. + + +REGISTRATION + +{Sidenote: Registers of copyrights} + +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. + +{Sidenote: Registration of particulars of work} + +(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. + +{Sidenote: Registration of serial publications} + +(3.) In the case of an encyclopaedia, 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. + +{Sidenote: Indexes of registers} + +(4.) There shall also be kept at the Department such indexes of the +registers established under this section as may be prescribed. + +{Sidenote: Registers and indexes in prescribed forms} + +{Sidenote: Certified copies of entries} + +(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. + +{Sidenote: Fees} + +(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. + +{Sidenote: Prior registrations} + +(7.) Any registration made under _The Copyright Act_ shall have the same +force and effect as if made under this Act. + +{Sidenote: Registration of temporary copyright in periodical works} + +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. + +{Sidenote: Anonymous publications} + +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. + +{Sidenote: Application for registration} + +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. + +{Sidenote: Unauthorized assumption of agency} + +(2.) Any damage caused by a fraudulent or an erroneous assumption of +such authority shall be recoverable in any court of competent +jurisdiction. + +{Sidenote: Deposit of application and copies of work in Department} + +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. + +{Sidenote: Weekly list of registered works} + +{Sidenote: Copies transmitted and retained} + +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 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. + + +SPECIAL PROVISIONS AS TO CERTAIN WORKS + +{Sidenote: Copyright in posthumous works} + +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. + +{Sidenote: Works of joint authors} + +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. + +{Sidenote: Collective works} + +30. Where the work of an author is first published as an article or +other contribution in a collective work (that is to say):-- + + (_a_) an encyclopaedia, dictionary, year book, or similar work; + + (_b_) a newspaper, review, magazine, or other similar periodical; + + (_c_) a work written in distinct parts by different authors; + +{Sidenote: Respective rights of contributors and proprietors} + +and the proprietor of the collective work is not by virtue of 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. + +{Sidenote: Copyright in photographs, records and perforated rolls} + +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. + +{Sidenote: Application of Act to registered designs} + +32. This Act shall not apply to designs capable of being registered +under _The Trade Mark and Design Act_, 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. + +{Sidenote: Rules} + +(2.) General rules under section 39 of _The Trade Mark and Design Act_, +may be made for determining the conditions under which a design shall be +deemed to be used for such purposes as aforesaid. + + +EXISTING WORKS + +{Sidenote: Copyright in existing works, and substituted rights} + +{Sidenote: Proviso} + +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-- + +{Sidenote: Rights of author} + +{Sidenote: Rights of assignee} + + (_a_) 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-- + +{Sidenote: Assignment for remainder of term} + + (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, + +{Sidenote: Reproduction on payment of royalties} + + (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: + +{Sidenote: Prior proceedings not affected} + + (_b_) nothing in this section shall affect anything done before the + commencement of this Act; + +{Sidenote: Existing rights saved} + + (_c_) 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; + +{Sidenote: Rights in records, perforated rolls and contrivances} + + (_d_) 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; + +{Sidenote: Substituted rights acquired only under this Act} + + (_e_) 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. + +{Sidenote: Limitation of existing rights} + +(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. + + +IMPERIAL RECIPROCITY + +{Sidenote: Application of Act to works of authors resident in British +dominions other than Canada} + +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: + +{Sidenote: Proviso} + +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. + + +INTERNATIONAL + +{Sidenote: Application of Act to works of residents in foreign +countries} + +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: + +{Sidenote: Proviso} + +Provided that-- + + (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; + + (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; + + (iii) 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 as may be prescribed by the + order; + + (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. + +{Sidenote: Extent of order} + +(2.) An order in council under this section may extend to all the +several countries named or described therein. + +{Sidenote: Evidence of foreign copyright} + +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. + + +EVIDENCE + +{Sidenote: Certified copies as evidence} + +37. All copies or extracts certified by the Department shall be received +in evidence without further proof and without production of the +originals. + +{Sidenote: Validity of documents} + +38. All documents executed and accepted by the Minister shall be held +valid, so far as relates to official proceedings under this Act. + + +FEES + +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:-- + +{Sidenote: Registration fees} + + Registering a copyright $1.00 + Registering a temporary copyright 0.50 + Registering an assignment 1.00 + Certified copy of registration 0.50 + Registering any decision of a court of justice, + for every folio of 100 words 0.50 + +{Sidenote: Fees for +Office copies} + + Certified copies of documents:-- + For first folio of one hundred words 0.25 + For every subsequent folio (fractions of + or under one-half folio not being + counted, and of one-half or more being + counted) 0.10 + +{Sidenote: Fees in full of all services} + +(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. + +{Sidenote: Application} + +(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. + +{Sidenote: No exemption from fees} + +(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. + + +CLERICAL ERRORS NOT TO INVALIDATE + +{Sidenote: Clerical errors may be corrected} + +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. + + +RULES AND REGULATIONS + +{Sidenote: Rules, regulations and forms} + +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. + +{Sidenote: Abrogation of common law rights} + +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. + +{Sidenote: Orders in Council} + +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. + +{Sidenote: Publication} + +{Sidenote: Laid before Parliament} + +(2.) Every order in council made under this Act shall be published in +_The Canada Gazette_, 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. + +{Sidenote: Repeal of certain enactments} + +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. + +{Sidenote: Repeal} + +45. Chapter 70 of the Revised Statutes, 1906, and chapter 17 of the +statutes of 1908, are repealed. + +{Sidenote: Commencement of Act} + +46. This Act shall come into force on a day to be named by proclamation +of the Governor General. + + + + + FIRST SCHEDULE + + EXISTING RIGHTS + + ------------------------------------------------------------------------ + EXISTING RIGHT | SUBSTITUTED RIGHT + | + ------------------------------------------------------------------------ + + (_a_) _In the case of Works other than Dramatic and Musical Works._ + + Copyright. Copyright as defined by this Act. + + (_b_) _In the case of Musical and Dramatic Works._ + + Both copyright and performing | Copyright as defined by this Act. + right. | + | + Copyright, but not performing | Copyright as defined by this Act, + right. | except the sole right to perform + | the work or any substantial + | part thereof in public. + | + Performing right, but not | The sole right to perform the + copyright. | work in public, but none of the + | other rights comprised in copy- + | rightas defined by this Act. + ------------------------------------------------------------------------ + +For the purposes of this Schedule the following expressions, where used +in the first column thereof, have the following meanings:-- + + "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; + + "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. + + + + + SECOND SCHEDULE + + ENACTMENTS REPEALED + + ----------------------+-----------------------------+------------------- + SESSION AND | SHORT TITLE | EXTENT OF REPEAL + CHAPTER | | + ----------------------+-----------------------------+------------------- + 8 Geo. 2. c. 13. | The Engraving Copyright | The whole Act. + | Act, 1734. | + 7 Geo. 3. c. 38. | The Engraving Copyright | The whole Act. + | Act, 1767. | + 15 Geo. 3. c. 53. | The Copyright Act, 1775. | Sections two, four + | | and five. + 17 Geo. 3. c. 57. | The Prints Copyright Act, | The whole Act. + | 1777. | + 54 Geo. 3. c. 56. | The Sculpture Copyright | The whole Act. + | Act, 1814. | + 3 Geo. 4. c. 15. | The Dramatic Copyright | The whole Act. + | Act, 1833. | + 5 & 6 Will. 4. c. 65. | The Lectures Copyright | The whole Act. + | Act, 1835. | + 6 & 7 Will. 4. c. 59. | The Prints and Engravings | The whole Act. + | Copyright (Ireland) Act, | + | 1836. | + 6 & 7 Will. 4. c. 110 | The Copyright Act, 1836. | The whole Act. + 5 & 6 Vict. c. 45. | The Copyright Act, 1842. | The whole Act. + 7 & 8 Vict. c. 12. | The International Copyright | The whole Act. + | Act, 1844. | + 10 & 11 Vict. c. 95. | The Colonial Copyright, | The whole Act. + | 1847. | + 15 & 16 Vict. c. 12. | The International Copyright | The whole Act. + | Act, 1852. | + 25 & 26 Vict. c. 68. | The Fine Arts Copyright | Sections one to six. + | Act, 1862. | In section eight + | | the words "and + | | pursuantto any + | | Act for the + | | protection of + | | copyright + | | engravings." + | | Sections nine to + | | twelve. + 38 & 39 Vict. c. 12. | The International Copyright | The whole Act. + | Act, 1875. | + 39 & 40 Vict. c. 36. | The Customs Consolidation | Section forty-two, + | Act, 1876. | from "Books wherein" + | | to "such copyright + | | will expire." + | | Sections forty-four, + | | forty-five and + | | one hundred and + | | fifty-two. + 45 & 46 Vict. c. 40. | The Copyright (Musical | The whole Act. + | Compositions) Act, 1882. | + 49 & 50 Vict. c. 33. | The International Copyright | The whole Act. + | Act, 1886. | + 51 & 52 Vict. c. 17. | The Copyright (Musical | The whole Act. + | Compositions) Act, 1888. | + 52 & 53 Vict. c. 42. | The Revenue Act, 1889. | Section one, from + | | "Books first + | | published" to "as + | | provided in that + | | section." + 2 Edw. 7. c. 15. | The Musical (Summary | The whole Act. + | Proceedings) Copyright | + | Act, 1902. | + 6 Edw. 7. c. 36. | The Musical Copyright | The whole Act. + | Act, 1906. | + ----------------------+-----------------------------+------------------- + + + + + 8. AUSTRALIAN COPYRIGHT ACT, 1905 + + (Assented to 21st December, 1905) + +Be it enacted by the King's Most Excellent Majesty, the Senate, and the +House of Representatives of the Commonwealth of Australia as follows:-- + + +PART I.--PRELIMINARY + +{Sidenote: Short title} + +1. _Short Title._--This Act may be cited as the Copyright Act, 1905. + +{Sidenote: Commencement} + +2. _Commencement._--This Act shall commence on a day to be fixed by +Proclamation. + +{Sidenote: Parts} + +3. _Parts._--This Act is divided as follows:-- + + Part I.--Preliminary. + Part II.--Administration. + Part III.--Literary, Musical, and Dramatic Copyright. + Part IV.--Artistic Copyright. + Part V.--Infringement of Copyright. + Part VI.--International and State copyright. + Part VII.--Registration of Copyrights. + Part VIII.--Miscellaneous. + +{Sidenote: Interpretation} + +4. _Interpretation._--In this Act, unless the contrary intention +appears-- + +"Artistic work" includes-- + + (_a_) Any painting, drawing, or sculpture; and + + (_b_) 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: + +"Author" includes the personal representatives of an author: + +{Sidenote: Interpretation} + +"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, sheet of music, map, chart, diagram, +or plan separately published, and any illustration therein: + +"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: + +"Lecture" includes a sermon: + +"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: + +"Periodical" means a review, magazine, newspaper, or other periodical +work of a like nature: + +"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: + +"Pirated book" means a reproduction of a book made in any manner without +the authority of the owner of the copyright in the book: + +"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: + +"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: + +"The Registrar" means the Registrar of Copyrights or a Deputy Registrar +of Copyrights: + +"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. + +{Sidenote: Simultaneous publication or performance} + +5. _What is simultaneous publication or performance._--For the purposes +of this Act publication, performance, or 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. + +{Sidenote: Blasphemous, etc., matter} + +6. _Blasphemous, &c., matter not protected._--No copyright, performing +right, or lecturing right shall subsist under this Act in any +blasphemous, indecent, seditious, or libelous work or matter. + +{Sidenote: Application of common law} + +7. _Application of the Common Law._--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. + +{Sidenote: State copyright acts} + +8. _State Copyright Acts not to apply to copyright under this +Act._--(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. + +{Sidenote: Rights under state laws} + +_Saving of rights under State laws._--(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. + + +PART II.--ADMINISTRATION + +_Division 1.--The Registrar and the Copyright Office_ + +{Sidenote: Registrar} + +9. _Registrar._--(1.) There shall be a Registrar of Copyrights. + +(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. + +{Sidenote: Copyright Office} + +10. _Copyright Office._--For the purposes of this Act an office shall be +established which shall be called the Copyright Office. + +{Sidenote: Seal} + +11. _Seal of Copyright Office_.--There shall be a seal of the Copyright +Office, and impressions thereof shall be judicially noticed. + +_Division 2.--The Transfer of the Administration of the State Copyright +Acts_ + +{Sidenote: Transfer of administration} + +12. _Transfer of administration._--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-- + +{Sidenote: Effect of transfer} + + (_a_) _Effect of transfer of administration. Cf. Patents Act, 1903, + ss. 18 and 19._--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 + + (_b_) 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 + + (_c_) all records registers deeds and documents of the Copyright + office of the State vested in or subject to the control of the + State shall, by force of this Act, be vested in and made subject to + the control of the Commonwealth. + + +PART III.--LITERARY, MUSICAL, AND DRAMATIC COPYRIGHT + +{Sidenote: Copyright in books} + +13. _Copyright in books._--(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:-- + + (_a_) To make copies of it: + + (_b_) To abridge it: + + (_c_) To translate it: + + (_d_) In the case of a dramatic work, to convert it into a novel or + other non-dramatic work: + + (_e_) In the case of a novel or other non-dramatic work, to convert + into a dramatic work: and + + (_f_) 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. + +(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. + +{Sidenote: Performing right} + +14. _Performing right in dramatic and musical works._-- + +(1.) The performing right in a dramatic or musical work means the +exclusive right to perform it, or authorise its performance in public. + +(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. + +{Sidenote: Lecturing right} + +15. _Lecturing right in lectures._--(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. + +(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. + +{Sidenote: Commencement} + +16. _Commencement of copyright, performing right, and lecturing +right._--(1.) The copyright in a book shall begin with its first +publication in Australia. + +(2.) The performing right in a dramatic or musical work shall begin with +its first performance in public in Australia. + +(3.) The lecturing right in a lecture shall begin with its first +delivery in public in Australia. + +{Sidenote: Term} + +17. _Term of copyright, performing right, and lecturing right._--(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. + +(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. + +(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. + +(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. + +{Sidenote: Ownership} + +18. _Ownership in copyright, performing right, and lecturing +right._--(1.) The author of a book shall be the first owner of the +copyright in the book. + +(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. + +(3.) The author of a lecture shall be first owner of the lecturing right +in the lecture. + +{Sidenote: Joint authors} + +19. _Ownership in the case of joint authors._--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. + +{Sidenote: Separate authors} + +20. _Separate authors._--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. + +{Sidenote: Encyclopaedia and similar works} + +21. _Encyclopaedia and similar works._--The proprietor or projector of an +encyclopaedia 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. + +{Sidenote: Copyright in periodicals} + +22. _Copyright in articles published in periodicals._--(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-- + + (_a_) 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 + + (_b_) his right shall not exclude the right of the proprietor of + the periodical under this section. + +(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-- + + (_a_) he shall not be entitled to publish the article or authorise + its publication except in the periodical in its original form of + publication, and + + (_b_) his right shall not exclude the right of the author of the + article, under this section. + +{Sidenote: Articles without valuable consideration} + +23. _Copyright in articles published in periodicals without_ _valuable +consideration._--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. + +{Sidenote: Copyright, etc., personal property} + +24. _Copyright, &c., to be personal property._--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. + +{Sidenote: Copyright and other rights separate property} + +25. _Copyright and other rights to be separate properties._--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. + +{Sidenote: Assignment} + +26. _Assignment of copyright._--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. + +{Sidenote: New editions} + +27. _New editions._--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. + +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. + +{Sidenote: Abridgements, etc., for private use} + +28. _Making of abridgment, &c., for private use._--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 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. + +{Sidenote: Translations or abridgments} + +29. _Translations or abridgments._--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. + +{Sidenote: Failure of author to make translation} + +30. _Failure of author to make or cause translation of book._--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-- + + (_a_) Any person desirous of translating the book into that + language may make an application in writing to the Minister for + permission so to do: + + (_b_) 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: + + (_c_) If the owner of the copyright fails to comply with such + notice the Minister may grant such application. + +{Sidenote: Copyright in translations} + +31. _Copyright in translations._--Copyright shall subsist in a +lawfully-produced translation or abridgment of a book in like manner as +if it were an original work. + +{Sidenote: Reservation of performing right} + +32. _Notice of reservation of performing right._--(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. + +(2.) _Defendant's rights where no notice of reservation of performing +right._--Where-- + +{Sidenote: Defendant's rights where no notice} + + (_a_) proceedings are taken for the infringement of the performing + right in a dramatic or musical work published as a book, and + + (_b_) 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, + +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. + +{Sidenote: Report of lecture} + +33. _Report of lecture in a newspaper._--(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. + +(2.) The notice prohibiting the reporting of a lecture may be given-- + + (_a_) orally at the beginning of the lecture; or + + (_b_) 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. + +(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. + + +PART IV.--ARTISTIC COPYRIGHT + +{Sidenote: Artistic copyright} + +34. _Meaning of copyright._--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. + +35. _Copyright in artistic works._--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. + +{Sidenote: Commencement and term} + +36. _Commencement and term of artistic copyright._--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. + +{Sidenote: Ownership} + +37. _Ownership of copyright in artistic work._--The author of an +artistic work shall be the first owner of the copyright in the work. + +{Sidenote: Portraits} + +38. _Copyright in portraits._--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. + +{Sidenote: Photographs} + +39. _Copyright in photographs._--(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. + +(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. + +{Sidenote: Engravings and prints} + +40. _Engravings and prints._--(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. + +(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. + +{Sidenote: Sale of painting, etc.} + +41. _Copyright in case of sale of painting, statue, or bust._ (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 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. + +{Sidenote: Right to make replicas} + +_Right of author to make replicas of statues, etc., in public places._ +(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. + +{Sidenote: Personal property} + +42. _Artistic copyright is personal property._--The copyright in an +artistic work shall be personal property, and shall be capable of +assignment and of transmission by operation of law. + +{Sidenote: Copyright and ownership} + +43. _Copyright and ownership in artistic works._--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. + +{Sidenote: Assignment} + +44. _Assignment of copyright._--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. + + +PART V.--INFRINGEMENT OF COPYRIGHT + +{Sidenote: Infringement} + +45. _Infringement of rights under Act._--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. + +{Sidenote: Damages under performing or lecturing right} + +46. _Damages in case of performing right or lecturing right._--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, and to the amount of actual damage incurred +by the owner of the performing or lecturing right. + +{Sidenote: Objection to title} + +47. _Notice of objection to title._--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. + +{Sidenote: Limitation of actions} + +48. _Limitation of actions._ (_Cf. 5-6 Vict. c. 45, s. 26._)--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. + +{Sidenote: Property in pirated works} + +49. _Property in pirated books or artistic work._--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. + +{Sidenote: Penalties} + +50. _Penalties for dealing with pirated books._--If any person-- + + (_a_) sells, or lets for hire, or exposes offers or keeps for sale + or hire, any pirated book or any pirated artistic work; or + + (_b_) distributes, or exhibits in public, any pirated book or any + pirated artistic work; or + + (_c_) imports into Australia any pirated book or any pirated + artistic work, + +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. + +Provided that the whole penalties inflicted on any one offender in +respect of the same transaction shall not exceed Fifty pounds. + +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. + +{Sidenote: Liability as to theatre} + +51. _Liability in respect of use of theatre._--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. + +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. + +{Sidenote: Search warrant and seizure} + +52. _Search warrant and seizure of pirated copies._--(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:-- + + (_a_) 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. + + (_b_) 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. + +(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. + +{Sidenote: Delivery up of pirated works} + +53. _Power of owner of copyright to require delivery to him of pirated +books and works._-- + +(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. + +Penalty: Ten Pounds. + +(2.) A person shall not give any notice in accordance with this section +without just cause. + +Penalty: Twenty pounds. + +(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 to whom +the notice was given had pirated reproductions of the book or work in +his possession or power. + +{Sidenote: Power to forbid performance} + +54.--_Power of owner of performing right to forbid performance in +infringement of his right._--(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. + +Penalty: Ten pounds. + +(2.) A person shall not give any notice in pursuance of this section +without just cause. + +Penalty: Twenty pounds. + +(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. + +{Sidenote: False representations} + +55. _Penalty for false representations in notices._--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 + + (_a_) the owner of the copyright in any book or artistic work, or + + (_b_) the owner of the performing right in a musical or dramatic + work, or + + (_c_) the agent of any such owner, + +shall be guilty of an offence against this Act. + +Penalty: Two years' imprisonment. + +{Sidenote: Request to police} + +56. _Request to police to seize pirated books and works._-- + +(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. + +(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. + +(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. + +(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. + +(5.) A person shall not lodge any request at any police station in +accordance with this section without just cause. + +Penalty: Twenty pounds. + +(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. + +{Sidenote: Application of penalties} + +57. _Application of penalties._--Where proceedings for 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. + +{Sidenote: Aiders and abettors} + +58. _Aiders and abettors._--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. + +{Sidenote: Limitation in court of summary jurisdiction} + +59. _Limitation of actions in court of summary +jurisdiction._--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. + +{Sidenote: Appeal} + +60. _Appeal from courts of summary jurisdiction._--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. + +{Sidenote: Importation of pirated works} + +61. _Importation of pirated works._--(1.) The following goods are +prohibited to be imported:-- + + (_a_) All pirated books in which copyright is subsisting in + Australia (whether under this Act or otherwise), and + + (_b_) All pirated artistic works in which copyright is subsisting + in Australia (whether under this Act or otherwise). + +(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. + +(3.) Subject to this Act the provisions of the Customs 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. + +(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. + +(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. + + +PART VI.--INTERNATIONAL AND STATE COPYRIGHT + +{Sidenote: Protection of international and state copyrights} + +62. _Protection in Australia of international and State copyright._--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. + +{Sidenote: Registration of international copyright} + +63. _Registration of international copyright._--(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. + +(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. + + +PART VII.--REGISTRATION OF COPYRIGHTS + +{Sidenote: Copyright registers} + +64. _Copyright Registers._--The following Registers of copyrights shall +be kept by the Registrar at the Copyrights Office:-- + + The Register of Literary Copyrights. + The Register of Fine Arts Copyrights. + The Register of International and State Copyrights. + +{Sidenote: Method of registration} + +65. _Method of registration._--The owner of any copyright performing +right or lecturing right under this Act may obtain registration of his +right in the manner prescribed. + +{Sidenote: Registration of assignments and transmissions} + +66. _Registration of assignments and transmissions._--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. + +{Sidenote: How registration effected} + +67. _How registration effected._--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. + +{Sidenote: Trusts not registered} + +68. _Trusts not registered._--(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. + +(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. + +{Sidenote: Register to be evidence} + +69. _Register to be evidence._--Every Register of copyrights under this +Act shall be _prima facie_ 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. + +{Sidenote: Certified copies} + +70. _Certified copies._--Certified copies of entries in any register +under this Act or of extracts therefrom shall, on payment of the +prescribed fee, be given to any person applying for them. + +{Sidenote: Inspection of register} + +71. _Inspection of register._--Each register under this Act shall be +open to public inspection at all convenient times on payment of the +prescribed fee. + +{Sidenote: Correction of register} + +72. _Correction of register._--The registrar may, in prescribed cases +and subject to the prescribed conditions, amend or alter any register +under this Act by-- + + (_a_) correcting any error in any name, address, or particular; and + + (_b_) entering any prescribed memorandum or particular relating to + copyright or other right under this Act. + +{Sidenote: Rectification of register by the court} + +73. _Rectification of register by the court._--(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-- + + (_a_) the making of any entry wrongly omitted to be made in the + register; or + + (_b_) the expunging of any entry wrongly made in or remaining on + the register; or + + (_c_) the correction of any error or defect in the register. + +(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. + +{Sidenote: No suit before registration} + +74. _Owner cannot sue before registration._--(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. + +(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. + +(3.) This section shall not affect the right of the owner of the +lecturing right in a lecture to bring actions or suits or institute +proceedings for infringements of his lecturing right. + +{Sidenote: Deposit} + +75. _Delivery of books to registrar._--(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. + +(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. + +(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. + +(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. + +{Sidenote: False representation} + +76. _False representation to registrar._ _Patents Act, 1903, s. +112._--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. + +Penalty: Three years' imprisonment. + + +PART VIII.--MISCELLANEOUS + +{Sidenote: Suppression of books} + +77. _Provision against suppression of books._--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 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. + +{Sidenote: Award of costs} + +78. _Power to award costs._--In any action or proceeding taken in any +court under this Act, the court shall have power to award costs at its +discretion. + +{Sidenote: Regulations} + +79. _Regulations._--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. + + + + + III + + INTERNATIONAL COPYRIGHT UNION: CONVENTIONS + + +9. BERNE CONVENTION, 1886, with Paris amendments, 1896, _in italics_ +[omissions bracketed]. + + +ARTICLE I + +{Sidenote: Union to protect literary and artistic works} + +The contracting States are constituted into an Union for the protection +of the rights of authors over their literary and artistic works. + + +ARTICLE IV + +{Sidenote: Definition of "literary and artistic works"} + +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. + +PARIS II, 1 + +{Sidenote: Works of architecture protected} + +(_a._) _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._ + +PROTOCOL + +{Sidenote: Choreographic works protected} + +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. + +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. + + +ARTICLE VI + +{Sidenote: Translations, arrangements, and adaptations protected} + +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. + +{Sidenote: New translations by other writers} + +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. + +PROTOCOL + +{Sidenote: Photographic works protected} + +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.] + +PARIS II, 1 + +(_b._) _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._ + +[PROTOCOL 1, PAR. 2] + +{Sidenote: Photograph of work of art protected} + +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 _and the additional act_, 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. + +ARTICLE II + +{Sidenote: Authors to enjoy in countries of the Union the rights granted +to natives} + +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], _either +not published or published for the first time in one of those +countries_, the rights which the respective laws do now or may hereafter +grant to natives. + +{Sidenote: No formalities required} + +{Sidenote: Conditions and formalities of country of origin} + +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. + +[PARIS DECLARATION] + +1. _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 Cloture."_ + + +[ART. II, PAR. 3, 4] + +{Sidenote: Definition of country of origin} + +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. + +For unpublished works the country to which the author belongs is +considered the country of origin of the work. + +PARIS DECLARATION + +{Sidenote: Published works} + +2. _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._ + + +ARTICLE III + +{Sidenote: Authors not belonging to countries of the Union also +protected if they first publish in a Union country} + +[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.] + +_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._ + + +[ART. II, PAR. 2] + +The enjoyments of these rights ... cannot exceed in the other countries +the term of protection granted in the said country of origin. + + +[ART. II, ADD. PAR.] + +{Sidenote: Term for photographic, posthumous, anonymous or pseudonymous +works} + +_Posthumous works are included amongst protected works_. + + +ARTICLE V + +{Sidenote: Exclusive right of translation} + +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] _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_ _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._ + +{Sidenote: Works published in incomplete parts} + +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. + +{Sidenote: Works published in several volumes} + +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. + +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. + + +ARTICLE VII + +{Sidenote: Serials and other works in newspapers or periodicals +protected} + +_Serial stories ("romans-feuilletons"), including novels, published in +newspapers or periodicals of one of the countries of the Union, cannot +be reproduced, in original or in translation, in the other countries, +without the authorization of their authors or of their lawful +representatives._ + +{Sidenote: Reproduction of newspaper articles} + +[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.] + +_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._ + +_In the absence of prohibition, reproduction will be permitted on +condition of indicating the source._ + +{Sidenote: News matter not protected} + +This prohibition cannot in any case apply to articles of political +discussion, [or to the reproduction of news of the day or current +topics,] _to the news of the day, or to current topics_. + + +ARTICLE VIII + +{Sidenote: Extracts from literary or artistic works} + +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. + + +ARTICLE IX + +{Sidenote: Representation of dramatic or dramatico-musical works} + +The stipulations of Article II apply to the public representation of +dramatic or dramatico-musical works whether such works be published or +not. + +{Sidenote: Representation of translations} + +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. + +{Sidenote: Notice of prohibition of performance not required} + +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. + + +ARTICLE X + +{Sidenote: Adaptations, etc., considered as infringements} + +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. + +PARIS DECLARATION + +3. _The transformation of a novel into a play, or of a play into a +novel, comes under the stipulations of Article X._ + + +[ARTICLE X, PAR. 2] + +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. + +PROTOCOL + +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. + + +ARTICLE XI + +{Sidenote: Author's name on work as proof of authorship} + +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. + +{Sidenote: Publisher of anonymous or pseudonymous works considered as +representative of author} + +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. + +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 country of +origin have been accomplished, as contemplated in Article II. + + +ARTICLE XII + +{Sidenote: Seizure of pirated copies} + +Pirated works may be seized [on importation into] _by the competent +authorities of_ those countries of the Union where the original work +enjoys legal protection. + +{Sidenote: Seizure to be made according to the laws of each country} + +The seizure shall take place conformably to the domestic law of each +State. + + +ARTICLE XIII + +{Sidenote: Each government to exercise supervision} + +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. + + +ARTICLE XIV + +{Sidenote: Convention to apply to all works not in public domain} + +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. + +PROTOCOL + +{Sidenote: Special conventions and domestic legislation may govern} + +4. The common agreement alluded to in Article XIV of the Convention is +established as follows: + +The application of the Convention _and of the additional act_ to works +which have not fallen into the public domain _in the country of origin_ +at the time when [it comes] _these acts came_ into force, shall operate +according to the stipulations on this head which may be contained in +special conventions either existing or to be concluded. + +In the absence of such stipulations between any countries of the Union, +the 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. + +{Sidenote: Application to translation} + +_The stipulations of Article XIV of the Convention of Berne and of the +present number of the "Protocole de Cloture" apply equally to the +exclusive right of translation, as granted by the present additional +act._ + +{Sidenote: Provisions to apply to new accessions} + +_The above-mentioned temporary provisions are applicable in case of new +accessions to the Union._ + + +ARTICLE XV + +{Sidenote: More extensive rights may be secured by special treaties} + +It is understood that the Governments of the countries of the Union +reserve to themselves respectively the right to enter into separate +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. + + +ADDITIONAL ARTICLE + +{Sidenote: Convention not to affect existing conventions conferring more +extended rights} + +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. + +PROTOCOL + +{Sidenote: Protocol integral part of Convention} + +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. + + +ARTICLE XVI + +{Sidenote: Bureau of the International Union} + +An International Office is established, under the name of "Office of +the International Union for the Protection of Literary and Artistic +Works." + +{Sidenote: Under control of Switzerland} + +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. + +PROTOCOL + +{Sidenote: Organization} + +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. + +{Sidenote: Language of Office to be French} + +The official language of the International Office will be French. + +{Sidenote: Duties of International Office} + +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. + +{Sidenote: Will furnish information as to copyright} + +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. + +{Sidenote: Annual report of Director of International Bureau} + +The Director of the International Bureau ... will make an annual report +on his administration, which shall be communicated to all the members of +the Union. + +{Sidenote: Expenses of the International Office to be shared by +contracting States} + +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. + +{Sidenote: Method of sharing expenses} + +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.: + + First class 25 units + Second class 20 units + Third class 15 units + Fourth class 10 units + Fifth class 5 units + Sixth class 3 units + +These coefficients will be multiplied by the number of States of each +class, and the total product thus obtained 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. + +Each State will declare, at the time of its accession, in which of the +said classes it desires to be placed. + +{Sidenote: Swiss Administration to prepare the budget of the +International Office, etc.} + +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. + + +ARTICLE XVII + +{Sidenote: Revision of Convention} + +The present Convention may be submitted to revisions in order to +introduce therein amendments calculated to perfect the system of the +Union. + +{Sidenote: Future conferences} + +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. + +PROTOCOL + +{Sidenote: Country where a conference is to be held to prepare +programme} + +(5.) The Administration of the country where a Conference is about to be +held, will prepare the programme of the Conference with the assistance +of the International Office. + +{Sidenote: Director of the International Office to participate} + +The Director of the International Office will attend the sittings of the +Conferences, and will take part in the discussion without a deliberative +voice. + + +[ART. XVII, PAR. 3] + +{Sidenote: Alterations of Convention must be by unanimous consent} + +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. + +PROTOCOL + +{Sidenote: Next Conference to be held at Paris} + +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. + +The French Government will fix the date within these limits after having +consulted the International Office. + + +ARTICLE XVIII + +{Sidenote: Accession of other countries} + +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 thereto on request to that +effect. + +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. + +Such accession shall imply full adhesion to all the clauses and +admission to all the advantages provided by the present Convention. + + +ARTICLE XIX + +{Sidenote: Accession for colonies or foreign possessions} + +Countries acceding to the present Convention shall also have the right +to accede thereto at any time for their colonies of foreign possessions. + +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 indicating those which are +excluded. + + +ARTICLE XXI + +{Sidenote: Convention to be ratified} + +The present Convention shall be ratified, and the ratifications +exchanged at Berne, within the space of one year at the latest. + +PROTOCOL + +{Sidenote: Exchange of ratifications} + +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 _proces-verbal_ of the exchange of +ratifications, signed by the plenipotentiaries present. + + +ARTICLE XX + +{Sidenote: Convention to take effect three months after exchange of +ratifications} + +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. + +{Sidenote: Denunciation of Convention} + +[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 other +countries of the Union.] + +_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._ + +PARIS III + +{Sidenote: Accession of other countries to Paris Acts} + +_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,_ 1886, _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._ + +PARIS IV + +{Sidenote: Paris Acts to be ratified} + +_The present Additional Act and Declaration shall have the same force +and duration_ _as the Convention of the 9th September, 1886._ + +_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._ + +_Either shall come into force between the countries who have ratified it +three months after this exchange._ + + + + +10. BERLIN CONVENTION, 1908, with references to parallel articles of +Berne-Paris Convention. + + +ARTICLE 1 + +{Sidenote: Union to protect literary and artistic works} + +The contracting States are constituted into an Union for the protection +of the rights of authors over their literary and artistic works. + + +ARTICLE 2 + +{Sidenote: Definition of "literary and artistic works"} + +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 ("_mise en scene_") 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. + +{Sidenote: Translations, arrangements, and adaptations protected} + +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 in the case +of the works mentioned above. + +{Sidenote: Works of art applied to industry} + +Works of art applied to industry are protected so far as the domestic +legislation of each country allows. + + +ARTICLE 3 + +{Sidenote: Photographic works protected} + +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. + + +ARTICLE 4 + +{Sidenote: Authors to enjoy in countries of the Union the rights granted +to natives} + +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. + +{Sidenote: No formalities required} + +{Sidenote: [Conditions and formalities of country of origin]} + +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. + +{Sidenote: Definition of country of origin} + +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 several countries of the Union, the country +among them whose legislation grants the shortest term of protection. For +works published simultaneously in a 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. + +{Sidenote: Published works} + +By published works ("_oeuvres publiees_") must be understood, according +to the present Convention, works which have been issued ("_oeuvres +editees_"). 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. + + +ARTICLE 5 + +{Sidenote: Authors of countries of the Union first published in another +country} + +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. + + +ARTICLE 6 + +{Sidenote: Authors not belonging to countries of the Union also +protected if they first publish in a Union country} + +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. + + +ARTICLE 7 + +{Sidenote: Term of protection life and 50 years} + +The term of protection granted by the present Convention comprises the +life of the author and fifty years after his death. + +{Sidenote: If not adopted, laws of country to govern term} + +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 be required to apply the +provision of the preceding paragraph only to the extent to which it +agrees with their domestic law. + +{Sidenote: Term for photographic, posthumous, anonymous or pseudonymous +works} + +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. + + +ARTICLE 8 + +{Sidenote: Exclusive right of translation} + +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. + + +ARTICLE 9 + +{Sidenote: Serials and other works in newspapers or periodicals +protected} + +Serial stories (_romans-feuilletons_), novels and all other works, +whether literary, scientific or artistic, whatever may be their subject, +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. + +{Sidenote: Reproduction of newspaper articles} + +With the exception of serial stories and of novels ("_des +romans-feuilletons et des nouvelles_") 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. + +{Sidenote: News matter not protected} + +The protection of the present Convention does not apply to news of the +day or to miscellaneous news having the character merely of press +information. + + +ARTICLE 10 + +{Sidenote: Extracts from literary or artistic works} + +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. + + +ARTICLE 11 + +{Sidenote: Representation of dramatic or dramatico-musical works} + +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. + +{Sidenote: Representation of translations} + +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. + +{Sidenote: Notice of prohibition of performance not required} + +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. + + +ARTICLE 12 + +{Sidenote: Adaptations, etc., considered as infringements} + +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. + + +ARTICLE 13 + +{Sidenote: Adaptation of musical works to mechanical instruments} + +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. + +{Sidenote: Each country to regulate for itself the manner in which +Convention shall apply} + +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. + +{Sidenote: Provision not retroactive} + +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. + +{Sidenote: Importation of mechanical musical appliances} + +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. + + +ARTICLE 14 + +{Sidenote: Right of reproduction by cinematograph protected} + +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. + +{Sidenote: Cinematographic productions protected} + +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. + +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. + +{Sidenote: Also any analogous production} + +The preceding provisions apply to the reproduction or production +obtained by any other process analogous to that of the cinematograph. + + +ARTICLE 15 + +{Sidenote: Author's name on work as proof of authorship} + +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. + +{Sidenote: Publsiher of anonymous or pseudonymous works considered as +representative of author} + +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. + + +ARTICLE 16 + +{Sidenote: Seizure of pirated copies} + +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. + +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. + +{Sidenote: Seizure to be made according to the laws of each country} + +The seizure shall take place conformably to the domestic law of each +State. + + +ARTICLE 17 + +{Sidenote: Each government to exercise supervision} + +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. + + +ARTICLE 18 + +{Sidenote: Convention to apply to all works not in public domain} + +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. + +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. + +{Sidenote: Special conventions and domestic legislation may govern} + +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. + +{Sidenote: Provisions to apply to new accessions} + +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. + + +ARTICLE 19 + +{Sidenote: More extensive rights may be granted by domestic legislation} + +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. + + +ARTICLE 20 + +{Sidenote: More extensive rights may be secured by special treaties} + +The governments of the countries of the Union reserve the right to make +between themselves special treaties, when these treaties 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. + + +ARTICLE 21 + +{Sidenote: Bureau of the International Union} + +The International Office instituted under the name of "Bureau of the +International Union for the Protection of Literary and Artistic Works" +(_Bureau de l'Union Internationale pour la protection des oeuvres +litteraires et artistiques_) is maintained. + +{Sidenote: Under control of Switzerland} + +This Bureau is placed under the high authority of the Government of the +Swiss Confederation, which controls its organization and supervises its +working. + +{Sidenote: Language of Office to be French} + +The official language of the International Office is French. + + +ARTICLE 22 + +[Duties of International Office] + +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. + +{Sidenote: Will furnish information as to copyright} + +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. + +{Sidenote: Annual report of Director of International Bureau} + +The Director of the International Bureau makes an annual report on his +administration, which is communicated to all the members of the Union. + + +ARTICLE 23 + +{Sidenote: Expenses of the International Office to be shared by +contracting States} + +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. + +{Sidenote: Method of sharing expenses} + +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.: + + First class 25 units + Second class 20 units + Third class 15 units + Fourth class 10 units + Fifth class 5 units + Sixth class 3 units + +These coefficients are multiplied by the number of States of each class, +and the total product thus obtained gives the number of units by which +the total expense is to be divided. The quotient gives the amount of the +unity of expense. + +Each State will declare, at the time of its accession, in which of the +said classes it desires to be placed. + +{Sidenote: Swiss Administration to prepare the budget of the +International Office, etc.} + +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. + + +ARTICLE 24 + +{Sidenote: Revision of Convention} + +The present Convention may be subjected to revision in order to +introduce therein amendments calculated to perfect the system of the +Union. + +{Sidenote: Future conferences} + +{Sidenote: Country where a conference is to be held to prepare +programme} + +{Sidenote: Director of the International Office to participate} + +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 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. + +{Sidenote: Alterations of Convention must be by unanimous consent} + +No alteration in the present Convention is binding on the Union except +by the unanimous consent of the countries comprising it. + + +ARTICLE 25 + +{Sidenote: Accession of other countries} + +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. + +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. + +{Sidenote: May substitute provisions of previous conventions} + +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. + + +ARTICLE 26 + +{Sidenote: Accession for colonies or foreign possessions} + +The contracting countries have the right to accede at any time to the +present Convention for their colonies or foreign possessions. + +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 indicating those which are +excluded. + +This declaration shall be made known in writing to the Government of the +Swiss Confederation, and by the latter to all the others. + + +ARTICLE 27 + +{Sidenote: Present Convention to replace Berne Convention and Paris +Acts} + +{Sidenote: But Berne Convention remains in force between countries not +signatory to present Convention} + +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. + +{Sidenote: Signatory States may declare themselves bound by former +Conventions upon certain points} + +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. + + +ARTICLE 28 + +{Sidenote: Convention to be ratified} + +The present Convention shall be ratified, and the ratifications +exchanged at Berlin, not later than the first of July, 1910. + +{Sidenote: Exchange of ratifications} + +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 _proces-verbal_ of the +exchange of ratifications, signed by the Plenipotentiaries who shall +have taken part therein. + + +ARTICLE 29 + +{Sidenote: Convention to take effect three months after exchange of +ratifications} + +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. + +{Sidenote: Denunciation of Convention} + +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. + + +ARTICLE 30 + +{Sidenote: Adoption of term of life and 50 years to be notified} + + +The States which introduce into their legislation the term of protection +of fifty years,[4] 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. + +{Sidenote: Notice shall be given of renouncement of any reservations} + +It shall be the same for such States as shall renounce any reservations +made by them in virtue of Articles 25, 26, and 27. + +{Sidenote: Signature} + +In testimony of which, the respective Plenipotentiaries have signed the +present Convention and have attached thereto their seals. + +{Sidenote: Date of signing, November 13, 1908} + +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. + + Footnote 4: Article 7 provides for a general term of + protection for life and fifty years. + + + + + IV + + PAN AMERICAN UNION: CONVENTIONS + + +II. MONTEVIDEO CONVENTION, 1889 + +TREATY ON LITERARY AND ARTISTIC COPYRIGHT ADOPTED JANUARY 11, 1889 + + +ARTICLE 1 + +{Sidenote: Union to protect literary and artistic property} + +The contracting States promise to recognize and protect the rights of +literary and artistic property, according to the provisions of the +present treaty. + + +ARTICLE 2 + +{Sidenote: Authors shall enjoy rights secured in country of origin} + +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. + + +ARTICLE 3 + +{Sidenote: Definition of copyright} + +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. + + +ARTICLE 4 + +{Sidenote: Term not to exceed that of country of origin} + +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. + + +ARTICLE 5 + +{Sidenote: Definition of "literary and artistic work"} + +By the expression literary or artistic works is understood all books, +pamphlets, or other writings, dramatic or dramatico-musical 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. + + +ARTICLE 6 + +{Sidenote: Translation rights} + +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. + + +ARTICLE 7 + +{Sidenote: Newspaper articles} + +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. + + +ARTICLE 8 + +{Sidenote: Addresses} + +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. + + +ARTICLE 9 + +{Sidenote: Infringements defined} + +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. + + +ARTICLE 10 + +{Sidenote: Authority recognized} + +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. + +If the authors wish to withhold their names, they should inform the +editors that the rights of authorship belong to them. + + +ARTICLE 11 + +{Sidenote: Each government to exercise supervision} + +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. + + +ARTICLE 12 + +{Sidenote: Immoral works} + +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. + + +ARTICLE 13 + +{Sidenote: Ratification} + +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. + + +ARTICLE 14 + +{Sidenote: Indefinite period} + +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. + + +ARTICLE 15 + +{Sidenote: Withdrawals} + +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. + + +ARTICLE 16 + +{Sidenote: Adherences} + +The provisions of Article 13 are extended to all nations who, although +not represented in this Congress, may desire to adopt the present +treaty. + +{Sidenote: Signatories} + +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. + + + + + 12. MEXICO CITY CONVENTION, 1902 + + CONVENTION TO PROTECT LITERARY AND ARTISTIC PROPERTY, + SIGNED AT MEXICO, JANUARY 27, 1902 + + +ARTICLE 1 + +{Sidenote: Union to protect literary and artistic property} + +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. + + +ARTICLE 2 + +{Sidenote: Definition of "literary and artistic works"} + +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. + + +ARTICLE 3 + +{Sidenote: Definition of copyright} + +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. + +{Sidenote: Exclusive right of translation} + +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. + + +ARTICLE 4 + +{Sidenote: Application for copyright and deposit of two copies} + +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. + +{Sidenote: One additional copy to be deposited for each country} + +{Sidenote: Copies and certificates of registration to be transmitted} + +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. + +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. + + +ARTICLE 5 + +{Sidenote: Authors shall enjoy rights secured in country of origin for +like term} + +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. + +{Sidenote: Works in parts or in several volumes} + +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. + + +ARTICLE 6 + +{Sidenote: Country of first publication country of origin} + +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 of protection shall be considered as the +country of its origin. + + +ARTICLE 7 + +{Sidenote: Translations protected} + +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. + + +ARTICLE 8 + +{Sidenote: Newspaper articles} + +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. + + +ARTICLE 9 + +{Sidenote: Works bearing names of authors or pseudonyms protected} + +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. + + +ARTICLE 10 + +{Sidenote: Addresses} + +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. + + +ARTICLE 11 + +{Sidenote: Fragments of literary or artistic works} + +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. + + +ARTICLE 12 + +{Sidenote: Infringement defined} + +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. + +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. + + +ARTICLE 13 + +{Sidenote: Fraudulent copies to be sequestrated, etc.} + +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. + + +ARTICLE 14 + +{Sidenote: Each Government to exercise supervision} + +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. + + +ARTICLE 15 + +{Sidenote: Convention to take effect three months after ratification} + +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. + + +ARTICLE 16 + +{Sidenote: Adherence of nations not represented at 2d Int. Am. +Conference} + +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. + +In testimony whereof the Plenipotentiaries and Delegates sign the +present Convention and set thereto the seal of the Second International +American Conference. + +{Sidenote: Signed at City of Mexico, Jan. 27, 1902} + +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. + + + + + 13. RIO DE JANEIRO CONVENTION, 1906 + + 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 + + +ARTICLE 1 + +{Sidenote: Patents, trade-marks, copyrights} + +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. + + +ARTICLE 2 + +{Sidenote: Union; Bureaus at Havana and Rio de Janeiro} + +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. + +{Sidenote: Registration optional} + +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. + + +ARTICLE 3 + +{Sidenote: Bureau at Havana} + +The Bureau established in the city of Havana will have charge of the +registrations from the United States of America, the United States of +Mexico, Venezuela, Cuba, Haiti, San Domingo, San Salvador, Honduras, +Nicaragua, Costa Rica, Guatemala, Panama, and Colombia. + +{Sidenote: Bureau at Rio de Janeiro} + +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. + + +ARTICLE 4 + +{Sidenote: Bureaus to be considered as one} + +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. + + +ARTICLE 5 + +{Sidenote: Copies of registrations to be transmitted} + +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. + + +ARTICLE 6 + +{Sidenote: Bureaus to transmit certificates} + +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 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. + +{Sidenote: Protection to be allowed or refused within one year} + +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. + +{Sidenote: Notification in case protection is not allowed} + +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. + + +ARTICLE 7 + +{Sidenote: Registration in country of origin to have same effect as +registration in each country} + +{Sidenote: Term of protection, that of country of origin} + +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. + +{Sidenote: If no term by law, then as specified} + +{Sidenote: Copyright, 25 years after death of author} + +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. + + +ARTICLE 8 + +{Sidenote: Regulations to govern Bureaus} + +{Sidenote: Expenses of Bureaus} + +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. + +{Sidenote: Registration fee, $5 American gold} + +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. + + +ARTICLE 9 + +{Sidenote: Functions of Bureaus:} + +In addition to the functions prescribed in the preceding articles, the +International Bureaus shall have the following: + +{Sidenote: 1. To collect and publish information} + +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; + +{Sidenote: 2. May publish official reviews} + +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; + +{Sidenote: 3. To give notice of difficulties} + +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; + +{Sidenote: 4. To originate and prepare for international conferences} + +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; + +{Sidenote: 5. To make yearly report} + +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; + +{Sidenote: 6. To arrange for the exchange of publications, etc.} + +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; + +{Sidenote: 7. To act as agent for each of the Governments concerned} + +7th. To cooperate 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. + + +ARTICLE 10 + +{Sidenote: Registration required to replace provisions of treaties of +1902} + +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 remain in force and the present +Convention shall be considered additional thereto. + + +ARTICLE 11 + +{Sidenote: Cuba and Brazil to organize Copyright Bureaus} + +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. + +{Sidenote: Bureau first established to be used until second is +organized} + +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. + + +ARTICLE 12 + +{Sidenote: Adhesions to treaty to be communicated to Brazil} + +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. + +{Sidenote: Brazil to notify Bureau of each adhesion} + +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. + +In testimony whereof the Plenipotentiaries and Delegates have signed the +present Convention and affixed the seal of the Third International +American Conference. + +{Sidenote: Signed at Rio de Janeiro, Aug. 23, 1906} + +Made in the City of Rio de Janeiro the twenty-third day 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. + + + + + 14. BUENOS AIRES CONVENTION, 1910 + + CONVENTION ON LITERARY AND ARTISTIC COPYRIGHT + SIGNED AT BUENOS AIRES, AUGUST 11, 1910 + + +ARTICLE 1 + +{Sidenote: Union to protect literary and artistic property} + +The signatory States acknowledge and protect the rights of literary and +artistic property in conformity with the stipulations of the present +convention. + + +ARTICLE 2 + +{Sidenote: Definition of "literary and artistic works"} + +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. + + +ARTICLE 3 + +{Sidenote: Formalities} + +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. + + +ARTICLE 4 + +{Sidenote: Definition of copyright} + +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 its translation and reproducing +it in any form whether wholly or in part. + + +ARTICLE 5 + +{Sidenote: Authorship recognized} + +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. + + +ARTICLE 6 + +{Sidenote: Authors to enjoy rights secured in country of origin for like +term} + +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. + +{Sidenote: Works in parts or in several volumes} + +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. + + +ARTICLE 7 + +{Sidenote: Country of first publication country of origin} + +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. + + +ARTICLE 8 + +{Sidenote: Subsequent editions non-copyright} + +A work which was not originally copyrighted shall not be entitled to +copyright in subsequent editions. + + +ARTICLE 9 + +{Sidenote: Translation protected} + +Authorized translations shall be protected in the same manner as +original works. + +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 translations the rights of property set forth in +Article 3d but they shall not prevent the publication of other +translations of the same work. + + +ARTICLE 10 + +{Sidenote: Addresses} + +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. + + +ARTICLE 11 + +{Sidenote: Newspaper articles} + +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. + +{Sidenote: Newspaper news} + +News and miscellaneous items published merely for general information do +not enjoy protection under this convention. + + +ARTICLE 12 + +{Sidenote: Fragments of literary or artistic works} + +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. + + +ARTICLE 13 + +{Sidenote: Infringements defined} + +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. + +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. + + +ARTICLE 14 + +{Sidenote: Fraudulent copies to be sequestrated, etc.} + +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. + + +ARTICLE 15 + +{Sidenote: Each government to exercise supervision} + +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. + + +ARTICLE 16 + +{Sidenote: Convention to take effect three months after ratification} + +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. + +{Sidenote: Signed at Buenos Aires Aug. 11, 1910} + +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. + +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. + + + + + CHRONOLOGICAL TABLE OF LAWS AND CASES, + ENGLISH AND AMERICAN + + +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, _Times_ to the London _Times_ legal column, and _Pub. +Week._ to the _Publishers' Weekly_, 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. + + ----+----------------------+--------------+--------------+------------------ + 1710|Act for the encouragement of learning |8 Anne, c. 19 + ----+----------------------+--------------+--------------+------------------ + 1735|Engraving copyright act |8 Geo. II, c. 13 + ----+----------------------+--------------+--------------+------------------ + 1735|Eyre _v._ Walker |Chancery |Jekyll, M. R.,|4 Bur. 2325 + | "The whole duty of man" protected at common | + | law after statutory term, 24 | + ----+----------------------+--------------+--------------+------------------ + 1739|Prohibition of foreign reprints act |12 Geo. II, c. 36 + ----+----------------------+--------------+--------------+------------------ + 1740|Gyles _v._ Wilcox |Chancery |L. Hardwicke, |2 Atk. 141 + | Condemning reprint "colorably shortened only," | + | but not "a real and fair abridgment," 80 | + ----+----------------------+--------------+----------------+---------------- + 1741|Pope _v._ Curl |Chancery | L. C. |2 Atk. 342 + | Republication of letters | Hardwicke, | + | enjoined, 92 | | + ----+----------------------+--------------+--------------+------------------ + 1766|Engraving copyright act |7 Geo. III, c. 38 + ----+----------------------+--------------+--------------+------------------ + 1769|Millar _v._ Taylor |King's Bench |L. Mansfield |4 Bur. 2303 + | Thomson's "Seasons" protected at common law | + | in perpetuity, 25 | + ----+----------------------+--------------+--------------+------------------ + 1774|"Newbery's case" |King's Bench |L. C. Apsley, |Lofft, 775 + | Abridgment involving understanding and skill | + | "an allowable and meritorious work," 80 | + ----+----------------------+--------------+--------------+------------------ + 1774|Donaldson _v._ Becket |House of Lords| |2 Bro. P. C. 129 + | Thomson's "Seasons"--common law rights | + | abrogated by Statute of Anne, 7, 25, 26, 41 | + ----+----------------------+--------------+--------------+------------------ + 1774|Thompson _v._ Stanhope|Chancery |Ld. Apsley, |Amb. 737 + | Publication prevented of letters, though | + | a gift from author, 92 | + ----+----------------------+--------------+--------------+------------------ + 1775|[University] copyright act |15 Geo. III, c. 53 + ----+----------------------+--------------+--------------+------------------ + 1777|Prints copyright act |17 Geo. III, c. 57 + ----+----------------------+--------------+--------------+------------------ + 1783|U. S. Constitution |Art. I, Sec. 8 + ----+----------------------+--------------+--------------+------------------ + 1783-90 State copyright laws + ----+----------------------+--------------+--------------+------------------ + 1787|Copyright in designs act |27 Geo. III, c. 38 + ----+----------------------+--------------+--------------+------------------ + 1789|Copyright in designs act |29 Geo. III, c. 19 + ----+----------------------+--------------+--------------+------------------ + 1790|U. S. general copyright act + ----+----------------------+--------------+--------------+------------------ + 1794|Copyright in designs act |34 Geo. III, c. 23 + ----+----------------------+--------------+--------------+------------------ + 1798|Sculpture copyright act |38 Geo. III, c. 71 + ----+----------------------+--------------+--------------+------------------ + 1798|Beckford _v._ Hood |King's Bench |L. Kenyon, |7 T. R. 620 + | Common law remedies also applied in | + | statutory period, 27 | + ----+----------------------+--------------+--------------+------------------ + 1801|Act for the further encouragement of learning |41 Geo. III, c. 107 + ----+----------------------+--------------+--------------+------------------ + 1801|Cary _v._ Longman |King's Bench |L. Kenyon, |1 East, 358 + | New added material to non-copyright book, | + | protectable as such, 76 | + ----+----------------------+--------------+--------------+------------------ + 1802|U. S. Supplementary act (engravings, etc.) + ----+----------------------+--------------+--------------+------------------ + 1812|Morris _v._ Colman |Chancery |L. C. Eldon, |18 Vesey, 437 + | Author under exclusive contract enjoined | + | from furnishing plays elsewhere, 441 | + ----+----------------------+--------------+--------------+------------------ + 1814|Sculpture copyright act |54 Geo. III, c. 56 + ----+----------------------+--------------+--------------+------------------ + 1814|Amendatory copyright act, for printed books |54 Geo. III, c. 156 + ----+----------------------+--------------+--------------+------------------ + 1817|Gale _v._ Leckie |King's Bench | L. |2 Starkie, 107 + | Author liable for failure to | Ellenborough,| + | complete work, 441 | | + ----+----------------------+--------------+--------------+------------------ + 1817|Southey _v._ Sherwood |Chancery |L. Eldon, |2 Meriv. 435 + | No copyright in immoral book. No right to hold | + | what there was no right to sell, 86 | + ----+----------------------+--------------+--------------+------------------ + 1819|U. S. act extending jurisdiction of Circuit Courts + ----+----------------------+--------------+--------------+------------------ + 1819|Clarke _v._ Price |Chancery |L. C. Eldon, |2 Wils. C. R. 157 + | Author cannot be compelled to write, 441 | + ----+----------------------+--------------+--------------+------------------ + 1824|Barfield _v._ |Chancery |V. C. Leach, |2 L. J. Ch. 90 + | Nicholson | | | + | Author may not prejudice sale through another | + | book of like subject, 441 | + ----+----------------------+--------------+--------------+------------------ + 1825|Abernethy _v._ |Chancery |L. C. Eldon, |3 L. J. (O. S.) + | Hutchinson | | | Ch. 209 + | Unwritten lecture--oral delivery not | + | publication, 90 | + ----+----------------------+--------------+--------------+------------------ + 1826|Mawman _v._ Tegg |Chancery |L. C. Eldon, |2 Russ. 385 + | "Fair use" defined. Inseparable use of | + | copyright material renders whole work | + | an infringement, 256 | + ----+----------------------+--------------+--------------+------------------ + 1828|Clayton _v._ Stone |U. S. C. C. |J. Thompson, |2 Paine, 382 + | Copyrightable property not determined by size, | + | form or shape, but by subject-matter, 69 | + ----+----------------------+--------------+--------------+------------------ + 1831|U. S. general copyright act + ----+----------------------+--------------+--------------+------------------ + 1831|Brooke _v._ Chitty |Chancery |L. Brougham, |2 Cooper + | Court cannot restrain book until there is |(Cottenham), 216 + | actual printing and publication, 442 | + ----+----------------------+--------------+--------------+------------------ + 1832|Archbold _v._ Sweet |King's Bench |C. J. Tenterden,|5 Carr. & P. 219 + | Alterations by publisher not permitted to | + | author's injury, 443 | + ----+----------------------+--------------+--------------+------------------ + 1833|Dramatic copyright act |3 & 4 Will. IV, + | |c. 15 + ----+----------------------+--------------+--------------+------------------ + 1834|U. S. supplementary act (assignment) + ----+----------------------+--------------+--------------+------------------ + 1834|Wheaton _v._ Peters |U. S. Sup. Ct.|J. McLean, |8 Pet. 591 + | 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 | + ----+----------------------+--------------+--------------+------------------ + 1835|Lectures copyright act |5 & 6 Will. IV, + | |c. 65 + ----+----------------------+--------------+--------------+------------------ + 1836|Prints and engravings copyright act (Ireland) |6 & 7 Will. IV, + | |c. 59 + ----+----------------------+--------------+--------------+------------------ + 1836|Copyright act, library deposit copies |6 & 7 Will. IV, + | |c. 110 + ----+----------------------+--------------+--------------+------------------ + 1838|International copyright act |1 & 2 Vict. c. 59 + ----+----------------------+--------------+--------------+------------------ + 1839|Copyright in designs (fabrics) act |2 Vict. c. 13 + ----+----------------------+--------------+--------------+------------------ + 1839|Amendatory copyright act, for designs |2 Vict. c. 17 + ----+----------------------+--------------+--------------+------------------ + 1840|Bell _v._ Locke | [N. Y.] | Chan. |8 Paige, 74 + | | Chancery | Walworth, | + | Deceiving public by use of like title is an | + | infringement, 83 | + ----+----------------------+--------------+--------------+------------------ + 1840|Dwight _v._ Appleton |U. S. C. C. |J. Thompson, |1 N. Y. Leg. + | Copyright notice in succeeding volumes held |Obs. 195 + | unnecessary, 133 | + ----+----------------------+--------------+--------------+------------------ + 1841|Folsom _v._ Marsh |U. S. Sup. Ct.|J. Story, |2 Story, 100 + | Author of letters has sole right to copyright, | + | 92; piracy if another's labor is | + | substantially appropriated to injurious | + | extent, 252 | + ----+----------------------+--------------+--------------+------------------ + 1841|Gibson _v._ Carruthers|Exchequer | |8 M. & W. 321 + | Author cannot on bankruptcy of publisher | + | be required to complete work, 452 | + ----+----------------------+--------------+--------------+------------------ + 1841|Sweet _v._ Cater |Chancery |V. C. Shadwell,|5 Jur. 68 + | Publisher may prevent author from issuing | + | competing edition, 444 | + ----+----------------------+--------------+--------------+------------------ + 1842|Copyright act |5 & 6 Vict. c. 45 + ----+----------------------+--------------+--------------+------------------ + 1842|Customs act |5 & 6 Vict. c. 47 + ----+----------------------+--------------+--------------+------------------ + 1842|Designs copyright act |5 & 6 Vict. c. 100 + ----+----------------------+--------------+--------------+------------------ + 1843|Amendatory copyright act, for designs |6 & 7 Vict. c. 65 + ----+----------------------+--------------+--------------+------------------ + 1843|Lennie _v._ Pillans |Scotch Ct. |L. P. Boyle, |111 Sc. Rev. R. + | | Sess. | | + | Compilations of non-copyright material showing |2, s. 171 + | originality and labor, protected, 81 | + ----+----------------------+--------------+--------------+------------------ + 1844|International copyright act |7 & 8 Vict. c. 12 + ----+----------------------+--------------+--------------+------------------ + 1844|Act to reduce duties on books and prints |7 & 8 Vict. c. 73 + ----+----------------------+--------------+--------------+------------------ + 1846|Amendatory act for duties on books |9 & 10 Vict. c. 58 + ----+----------------------+--------------+--------------+------------------ + 1846|U. S. act. Deposit of copies + ----+----------------------+--------------+--------------+------------------ + 1847|Colonial copyright act |10 & 11 Vict. c. 95 + ----+----------------------+--------------+--------------+------------------ + 1847|Story's Executors |U. S. C. C. |J. McLean, |4 McLean, 306 + | _v._ Holcombe | | | + | Fair abridgment, by ruling precedents, not an | + | invasion of literary property, 81 | + ----+----------------------+--------------+--------------+------------------ + 1848|Baker _v._ Taylor |U. S. C. C. |J. Betts, |2 Blatch. 82 + | Error of 1847 for 1846 in copyright notice | + | invalidates copyright, 129 | + ----+----------------------+--------------+--------------+------------------ + 1848|Russell _v._ Smith |Queen's Bench |L. Denman, |12 Q. B. 217 + | Dramatic rendition of song without costume or | + | scenery adjudged "dramatic piece," 176, 191; | + | registration of dramatic piece optional in | + | England, 189 | + ----+----------------------+--------------+--------------+------------------ + 1849|Albert, Prince, _v._ |Ct. App. |V. C. Bruce, |2 De G. & Sm. 652 + | Strange | | | + | Common law protects until publication, 187; | + | descriptive catalogue and exhibition of copies | + | of unpublished art work infringements, 238 | + ----+----------------------+--------------+--------------+------------------ + 1850|Copyright in designs act | 13 & 14 Vict. + | | c. 104 + ----+----------------------+--------------+--------------+------------------ + 1851|Protection of works. London international exhibition|14 Vict. c. 8 + ----+----------------------+--------------+--------------+------------------ + 1852|International copyright act |15 & 16 Vict. c. 12 + ----+----------------------+--------------+--------------+------------------ + 1852|Bogue _v._ Houlston |Chancery |V. C. Parker, |5 De G. & Sm. 267 + | Copyright extends to every part of a book, 76 | + ----+----------------------+--------------+--------------+------------------ + 1852|Little _v._ Gould |U.S. C.C. App.|J. Nelson, |2 Blatch. 362 + | State copyright owner in work of salaried | + | law reporter, 98 | + ----+----------------------+--------------+--------------+------------------ + 1852|Pulte _v._ Derby |U. S. C. C. |J. McLean, |5 McLean, 328 + | Publishing contract for "edition," does not | + | prohibit successive printings, 446 | + ----+----------------------+--------------+--------------+------------------ + 1853|Customs consolidation act | 16 & 17 Vict. + | | c. 107 + ----+----------------------+--------------+--------------+------------------ + 1853|Cox _v._ Cox |Chancery |V. C. Wood, |11 Hare, 118 + | Writer may not prevent alterations made by | + | employer, 443 | + ----+----------------------+--------------+--------------+------------------ + 1853|Stowe _v._ Thomas |U. S. C. C. |J. Grier, |2 Wall Jr. 547 + | No exclusive right of translation under | + | early law, 77 | + ----+----------------------+--------------+--------------+------------------ + 1854|Jefferys _v._ Boosey |House of Lords| |4 H. L. C. 815 + | 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 | + ----+----------------------+--------------+--------------+------------------ + 1854|Stevens _v._ Benning |Chancery |V. C. Wood, |1 Kay & J. 168 + | Contract for publication a personal contract | + | not assignable without consent, 444 | + ----+----------------------+--------------+--------------+------------------ + 1855|Customs consolidation act. |18 & 19 Vict. c. 96 + ----+----------------------+--------------+--------------+------------------ + 1855|U. S. Act. Deposits through mails free + ----+----------------------+--------------+--------------+------------------ + 1855|Stevens _v._ Benning |Ct. App. |Lds. J. Bruce |6 De G. M. + | | & Turner, | & G. 223 + | Affirming Stevens _v._ Benning. | + ----+----------------------+--------------+--------------+------------------ + 1856|U. S. supplementary act (dramatic) + ----+----------------------+--------------+--------------+------------------ + 1858|Amendatory copyright act, for designs |21 & 22 Vict. c. 70 + ----+----------------------+--------------+--------------+------------------ + 1858|Reade _v._ Bentley |Chancery |V. C. Wood, |4 K. & J. 656 + | Contract for publication a personal contract | + | of "joint adventure" terminable by author | + | if not to publisher's loss, 434, 444 | + ----+----------------------+--------------+--------------+------------------ + 1859|U. S. act. Place of deposit + ----+----------------------+--------------+--------------+------------------ + 1860|Blackwood _v._ |Scotch Ct. Sess. |23 Sc. Sess. + | Brewster | | | c. 2, s. 142 + | Reprints to replace destroyed copies do not | + | constitute a new edition, 445 | + ----+----------------------+--------------+--------------+------------------ + 1860|Crookes _v._ Petter |Rolls Ct. |Romilly, |6 Jur. 1131 + | | | M. R., | + | Editor's name not requisite part of title, 445 | + ----+----------------------+--------------+--------------+------------------ + 1860|Turner _v._ Robinson |Irish Ct. |Smith, M. R., |10 Ir. Ch. R. 121 + | | Chanc. | | + | Exhibition, with restriction as to copying, | + | not publication, 232 | + ----+----------------------+--------------+--------------+------------------ + 1860|Turner _v._ Robinson |Ct. App. |L. C. Brady, |10 Ir. Ch. R. 510 + | Liability under breach of contract, 232; | + | Academy exhibition considered publication, 232 | + ----+----------------------+--------------+--------------+------------------ + 1861|Amendatory copyright act, for designs |24 & 25 Vict. c. 73 + ----+----------------------+--------------+--------------+------------------ + 1861|Statute law revision act |24 & 25 Vict. c. 101 + ----+----------------------+--------------+--------------+------------------ + 1861|U. S. act. Appeal for copyright cases to Supreme Court + ----+----------------------+--------------+--------------+------------------ + 1862|Fine arts copyright act |25 & 26 Vict. c. 68 + ----+----------------------+--------------+--------------+------------------ + 1862|Boucicault _v._ Fox |U. S. C. C |J. Shipman, |5 Blatch. 87 + | A man's intellectual productions his own, | + | except under valid agreement with employer, 97 | + ----+----------------------+--------------+--------------+------------------ + 1862|Drury _v._ Ewing |U. S. C. C. |J. Leavitt, |1 Bond, 540 + | Diagram with directions for dress cutting | + | adjudged "book," 69 | + ----+----------------------+--------------+--------------+------------------ + 1862|Howitt _v._ Hall |Chancery |V. C. Wood, |6 L. T. (N. S.) 348 + | Copies printed within term of contract may be | + | sold after expiration, 445 | + ----+----------------------+--------------+--------------+------------------ + 1862|Reade _v._ Conquest |Common Pleas |C J. Erle, |11 C. B. (N. S.) 478 + | Dramatization based on novelization, | + | infringement of original play, 172 | + ----+----------------------+--------------+--------------+------------------ + 1863|Boucicault _v._ |Chancery |V. C Wood, |1 H. & M. 597 + | Delafield | | | + | First publication outside British Dominions | + | under int. copr. act, forfeits playright, 184 | + ----+----------------------+--------------+--------------+------------------ + 1863|Hotten _v._ Arthur |Chancery |V. C. Wood, |1 H. & M. 603 + | Catalogue of old books copyrightable, 73 | + ----+----------------------+--------------+--------------+------------------ + 1863|Tinsley _v._ Lacy |Chancery |V. C Wood, |1 H. & M. 747 + | Printed dramatization enjoined as using | + | substantial parts of novel, 173 | + ----+----------------------+--------------+--------------+------------------ + 1864|Low _v._ Routledge |Chancery | V. C. |33 L. J. (N. S.) + | | | Kindersley | + | Inaccuracy in name of proprietor invalidates | Ch. 717 + | copyright entry, 128 | + ----+----------------------+--------------+--------------+------------------ + 1865|U. S. supplementary act (photographs) + ----+----------------------+--------------+--------------+------------------ + 1867|Statute law revision act |30 & 31 Vict. c. 59 + ----+----------------------+--------------+--------------+------------------ + 1867|U. S. act. Penalty for failure to deposit + ----+----------------------+--------------+--------------+------------------ + 1867|Maxwell _v._ Hogg |Chancery |L. Cairns, |2 Ch. D. 307 + | _Belgravia_--Title not protectable until | + | associated with a published work, 75, 84, 85 | + ----+----------------------+--------------+--------------+------------------ + 1868|Daly _v._ Palmer |U. S. C. C. |J. Blatchford,|6 Blatch. 256 + | Test of piracy defined, 175 | + ----+----------------------+--------------+--------------+------------------ + 1868|Routledge _v._ Low |House of Lords |L. R., 3 H. L. 100 + | Foreigner temporarily resident at first | + | publication may acquire British copyright under | + | act of 1842, 109; first publication probably | + | single requisite for copyright 109, 374 | + ----+----------------------+--------------+--------------+------------------ + 1869|Lawrence _v._ Dana |U. S. C. C. |J. Clifford, |4 Cliff. 1 + | 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 | + ----+----------------------+--------------+--------------+------------------ + 1869|Taylor _v._ Pillow |Chancery |V. C. James, |L. R. 7 Eq. 418 + | Proprietor, after assigning copyright, may | + | dispose of unsold copies, 446 | + ----+----------------------+--------------+--------------+------------------ + 1870|U. S. consolidation act + ----+----------------------+--------------+--------------+------------------ + 1870|Black _v._ Murray |Scotch Ct. Sess.|L. Inglis, |IX Sc. Rev. R. 3, + | New editions "enlarged and improved" | s. 443 + | copyrightable, 75 | + ----+----------------------+--------------+--------------+------------------ + 1871|Stannard _v._ Harrison|Chancery |V. C. Bacon, |24 L. T. (N. S.) + | Right in map drawn to order vests in | 570 + | employer, 239 | + ----+----------------------+--------------+--------------+------------------ + 1872|Clark _v._ Bishop |Exchequer |C. B. Kelly, |25 L. T. (N. S.) + | Song dramatically rendered protected as | 908 + | dramatic piece, 176 | + ----+----------------------+--------------+--------------+------------------ + 1872|Cobbett _v._ Woodward |Chancery |L. Romilly, |L. R. 14 Eq. 407 + | No copyright in an advertisement, 73 | + ----+----------------------+--------------+--------------+------------------ + 1872|Osgood _v._ Allen |U. S. C. C. |J. Shepley, |1 Holmes, 185 + | "_Our Young Folks_"--a title not copyrightable | + | as such, 82, 85 | + ----+----------------------+--------------+--------------+------------------ + 1872|Palmer _v._ DeWitt |N. Y. Ct. App.|J. Allen, |47 N. Y. 532 + | Performance of play not publication, 180 | + ----+----------------------+--------------+--------------+------------------ + 1873|U. S. act. Inclusion in Revised Statutes + ----+----------------------+--------------+--------------+------------------ + 1874|U. S. act. Notice, fees, etc. + ----+----------------------+--------------+--------------+------------------ + 1874|Isaacs _v._ Daly |N. Y. Sup. Ct.|J. Curtis, |7 Jones & Sp. 511 + | Title "Charity" cannot be monopolized, 82, 84 | + ----+----------------------+--------------+--------------+------------------ + 1874|Toole _v._ Young |Queen's Bench |C. J. |9 Q. B. 523 + | | | Cockburn, | + | Right of dramatization not included under book | + | copyright in England, 172 | + ----+----------------------+--------------+--------------+------------------ + 1874|Ward _v._ Beeton |Chancery |V. C. Malins, |L. R. 19 Eq. 207 + | Proprietary name may not be used on competing | + | publication, 445 | + ----+----------------------+--------------+--------------+------------------ + 1874|Warne _v._ Routledge |Chancery |Jessel, M. R.,|L. R. 18 Eq. 497 + | Right of publishing exclusive fortune of | + | contract only, 445 | + ----+----------------------+--------------+--------------+------------------ + 1875|International copyright act |38 Vict. c. 12 + ----+----------------------+--------------+--------------+------------------ + 1875|Canada copyright act |38 & 39 Vict. c. 53 + ----+----------------------+--------------+--------------+------------------ + 1875|Amendatory copyright act for designs |38 & 39 Vict. c. 93 + ----+----------------------+--------------+--------------+------------------ + 1875|Banks _v._ McDivitt |U. S. C. C. |J. Shipman, |13 Blatch. 163 + | Test of piracy defined, 251 + ----+----------------------+--------------+--------------+------------------ + 1875|Boucicault _v._ Hart |U. S. C. C. |J. Hunt, |13 Blatch. 37 + | Exact conformity with statute requisite, 149 | + ----+----------------------+--------------+--------------+------------------ + 1875|Parkinson _v._ Laselle|U. S. C. C. |J. Sawyer, |3 Sawyer, 330 + | Exact conformity with statute requisite, 149 | + ----+----------------------+--------------+--------------+------------------ + 1876|Customs law consolidation act |39 & 40 Vict. c. 36 + ----+----------------------+--------------+--------------+------------------ + 1876|Boucicault _v._ |Chancery |J. James, |5 Ch. D. 267 + | Chatterton | | | + | Previous performance of "Shaughraun" in N. Y. | + | forfeited playright, 184 | + ----+----------------------+--------------+--------------+------------------ + 1876|Chatterton _v._ Cave |Ct. App. |C. J. |46 L. J. (N. S.) + | | | Cockburn, | + | Rival dramatization, utilizing not substantial |C. L. 97 + | added scenes, permitted, 174 | + ----+----------------------+--------------+--------------+------------------ + 1878|Chatterton _v._ Cave |House of Lords| |3 A. C. 483 + | Following decision of lower court. | + ----+----------------------+--------------+--------------+------------------ + 1878|Weldon _v._ Dicks |Chancery |V. C. Malins, |10 Ch. D. 247 + | Title "Trial and Triumph" protected as virtually | + | trade-mark, 83 | + ----+----------------------+--------------+--------------+------------------ + 1879|U. S. act. Transmission through mails + ----+----------------------+--------------+--------------+------------------ + 1879|Hole _v._ Bradbury |Chancery |J. Fry, |12 Ch. D. 886 + | Authors entitled to resume rights succeeding | + | publishers, 445 | + ----+----------------------+--------------+--------------+------------------ + 1879|Kelly _v._ Byles |Chancery |V. C. Bacon, |13 Ch. D. 682 + | Title "Post Office directory" not copyrightable. | + | No resemblance of publications, 83 | + ----+----------------------+--------------+--------------+------------------ + 1880|Putnam _v._ Pollard |N. Y. Sup. Ct.|J. Beach, |N. Y. Daily Reg. + | State common law superseded by U. S. statute, 40 |O. 13 '80 + ----+----------------------+--------------+--------------+------------------ + 1881|Dicks _v._ Yates |Chancery |V. C. Bacon, |18 Ch. D. 76 + | "Splendid misery"--title thrice used, common | + | property, not protectable, 83 | + ----+----------------------+--------------+--------------+------------------ + 1882|Copyright (musical compositions) act |45 & 46 Vict. + | |c. 40 + ----+----------------------+--------------+--------------+------------------ + 1882|U. S. act. Position of notice + ----+----------------------+--------------+--------------+------------------ + 1882|Cable _v._ Marks |Chancery |V. C. Bacon, |47 L. T. (N. S.) + | Shadow-trick perforated card, not copyrightable, |432 + | 242 | + ----+----------------------+--------------+--------------+------------------ + 1882|Chappell _v._ Boosey |Chancery |J. North, |21 Ch. D. 232 + | Publication as book before performance does not | + | preclude performing rights, 183, 184 | + ----+----------------------+--------------+--------------+------------------ + 1882|Maple _v._ Junior Army |Ct. App. |J. Jessel, |21 Ch. D. 369 + | & Navy Stores | | | + | Illustrated advertising catalogue protected, 73 | + ----+----------------------+--------------+--------------+------------------ + 1883|Patents, designs, and trade marks act |46 & 47 Vict. + | |c. 57 + ----+----------------------+--------------+--------------+------------------ + 1883|Clemens _v._ Belford |U. S. C. C. |J. Blodgett, |14 F. R. 728 + |Right to publish involves right to state authorship, 98 + ----+----------------------+--------------+--------------+------------------ + 1883|Thomas _v._ Lennon |U. S. C. C. |J. Lowell, |14 F. R. 849 + | Unpublished oratorio infringed by orchestral | + | score from non-copyright piano arrangement, 187 | + ----+----------------------+--------------+--------------+------------------ + 1884|Burrow-Giles Lith. |U. S. Sup. Ct.|J. Miller, |111 U. S. 53 + |Co. _v._ Sarony | | | + | "Writings" construed to cover photographs, 67, | + | 240; N. Sarony (for Napoleon Sarony) sufficing | + | as name, 129 | + ----+----------------------+--------------+--------------+------------------ + 1884|Estes _v._ Williams |U. S. C. C. |J. Wheeler, |21 F. R. 189 + | "Chatterbox"--title restrained from use on | + | juveniles of like general character, 83 | + ----+----------------------+--------------+--------------+------------------ + 1884|Duck _v._ Bates |Ct. App. |Brett, M. R., |13 Q. B. 843 + | Amateur performance not for profit not a public | + | representation, 186 | + ----+----------------------+--------------+--------------+------------------ + 1884|Nicols _v._ Pitman |Chancery |J. Kay, |26 Ch. D. 374 + | Indirect copying by shorthand characters an | + | infringement, 254 | + ----+----------------------+--------------+--------------+------------------ + 1886|International copyright act |49 & 50 Vict. + | |c. 33 + ----+----------------------+--------------+--------------+------------------ + 1886|Aronson _v._ |U. S. C. C. |J. Blodgett, |28 F. R. 75 + | Fleckenstein | | | + | Title of drama protected under common law, 192 | + ----+----------------------+--------------+--------------+------------------ + 1886|Harper _v._ Shoppell |U. S. C. C. |J. Wallace, |23 Blatch. 431 + | Unprinted electrotype did not infringe | + | copyright, 235 | + ----+----------------------+--------------+--------------+------------------ + 1886|Holloway _v._ Bradley |U. S. C. C. |J. Butler, |_Pub. Week._ 30:223 + | Publisher may affix material to copyright | + | book, 100 | + ----+----------------------+--------------+--------------+------------------ + 1886|Monaghan _v._ Taylor |Queen's Bench |L. C. J. |2 T. L. R. 685 + | | | Coleridge, | + | Proprietor of music hall liable for infringement | + | by singer, 193 | + ----+----------------------+--------------+----------------+----------------- + 1887|Estes _v._ Worthington|U. S. C. C. |J. Shipman, |31 F. R. 154 + | Title "Chatterbox" protected as trade-mark | + | against simulating publication of differing | + | contents, 84, 261 | + ----+----------------------+--------------+--------------+------------------ + 1887|Harper _v._ Franklin |U. S. C. C. |J. Waite, |_Pub. Week._ 31:372 + | Sq. Lib. Co. | | | + | Trade-mark rights in name "Franklin Square | + | library" protected, 262 | + ----+----------------------+--------------+--------------+------------------ + 1888|Copyright (musical compositions) act |51 & 52 Vict. c. 17 + ----+----------------------+--------------+--------------+------------------ + 1888|Patents, designs and trade marks act |51 & 52 Vict. c. 50 + ----+----------------------+--------------+--------------+------------------ + 1888|Callaghan _v._ Myers |U. S. Sup. Ct.|J. Blatchford,|128 U. S. 617 + | 1866 for 1867 does not invalidate copyright | + | notice, 130 | + ----+----------------------+--------------+--------------+------------------ + 1888|Gottsberger _v._ Estes|U. S. C. C. |J. Colt, |33 F. R. 381 + | Publication before deposit voided copyright | + | (under old law), 136 | + ----+----------------------+--------------+--------------+------------------ + 1888|Mitchell & Miller _v._|N. Y. Sup. Ct.| |_Pub. Week._ 34:586 + | White & Allen | | | + | "Life"--misleading use of title enjoined, 84 | + ----+----------------------+--------------+--------------+------------------ + 1888|Munro _v._ Beadle |N. Y. Sup. Ct.|J. Ingraham, |18 St. R. 278 + | "Sleuth" as a dictionary word not protectable, 262 + ----+----------------------+--------------+----------------+---------------- + 1888|Munro _v._ Smith |N. Y. Sup. Ct.|J. O'Brien, |18 St. R. 279 + | Use of name "Sleuth" when misleading the public | + | actionable, 262 | + ----+----------------------+--------------+--------------+------------------ + 1888|Schumacher _v._ |U. S. C. C. |J. Wallace, |35 F. R. 210 + | Wogram | | | + | Copyright probably voided by too early date in | + | notice, 130; picture intended for cigar label | + | not copyrightable, but trade-mark, 237 | + ----+----------------------+--------------+--------------+------------------ + 1888|Warne _v._ Seebohm |Chancery |J. Stirling, |39 Ch. D. 73 + | Dramatization quoting beyond fair use | + | infringement of novel, 173 | + ----+----------------------+--------------+--------------+------------------ + 1889|Revenue act |52 & 53 Vict. c. 42 + ----+----------------------+--------------+--------------+------------------ + 1889|Beere _v._ Ellis |Queen's Bench |B. Pollock, |5 T. L. R. 330 + | Rival dramatization enjoined, because added | + | features were infringed, 173 | + ----+----------------------+--------------+--------------+------------------ + 1889|Cate _v._ Devon |Chancery |J. North, |40 Ch. D. 500 + | Indirect copying from newspaper reprint held | + | infringement, 254 | + ----+----------------------+--------------+--------------+------------------ + 1889|Everson _v._ Young |D. C. Sup. Ct.|J. Cole, |26 W. L. R. 546 + | Blank book not copyrightable, 72; librarian of | + | Congress not discretionary officer, 72, 96 | + ----+----------------------+--------------+--------------+------------------ + 1889|Gilmore _v._ Anderson |U. S. C. C. |J. Wheeler, |38 F. R. 846 + | Common use of non-copyright material or work on | + | same subject not infringement, 255 | + ----+----------------------+--------------+--------------+------------------ + 1890|Munro _v._ Beadle |N. Y. App. |J. Macomber, |55 Hun 312 + | | Div. | | + | "Sleuth" properly subject of trade-mark, 262 | + ----+----------------------+--------------+--------------+------------------ + 1890|Munro _v._ Smith |U. S. C. C. |J. Shipman, |42 F. R. 266 + | Illustration picturing "Old Sleuth" not | + | infringement, 262 | + ----+----------------------+--------------+--------------+------------------ + 1890|Schlesinger _v._ |Chancery |J. Kekewich, |63 L. T. (N. S.) + | Bedford | | | 762 + | Independent and "essentially different" | + | dramatization permitted despite author's own | + | dramatization, 173 | + ----+----------------------+--------------+--------------+------------------ + 1890|Schlesinger _v._ |Chancery |J. Kekewich, |63 L. T. (N. S.) + | Turner | | | 764 + | Plays substantially similar an infringement, 173 | + ----+----------------------+--------------+--------------+------------------ + 1891|U. S. amendatory (inter. copr.) act + ----+----------------------+--------------+--------------+------------------ + 1891|Munro _v._ Tousey |N. Y. Ct. App.|J. Gray, |129 N. Y. 38 + | Name "Sleuth" not protectable, 262 | + ----+----------------------+--------------+--------------+------------------ + 1891|Black _v._ Ehrich |U. S. C. C. |J. Wallace, |44 F. R. 793 + | Title "Encyclopaedia Britannica" not protected | + | when public is not misled, 261 | + ----+----------------------+--------------+--------------+------------------ + 1891|Dodd _v._ Smith |Penn. Sup. Ct.|_Per curiam_, |144 Pa. St. 340 + | Underselling by rebinds of paper-covered edition | + | not enjoinable, 263 | + ----+----------------------+--------------+--------------+------------------ + 1891|Falk _v._ Brett Lith. |U. S. C. C. |J. Wheeler, |48 F. R. 678 + | Co. | | | + | Posing for photograph justifies copyright by | + | photographer.--Reversed lithograph infringement, | + | 241 | + ----+----------------------+--------------+--------------+------------------ + 1891|Falk _v._ Gast |U. S. C. C. |J. Coxe, |48 F. R. 262 + | Copyright not forfeited by omission of notice on | + | remounting of photographs by another than | + | proprietor, 236; posing for photograph justifies | + | copyright by photographer, 241 | + ----+----------------------+--------------+--------------+------------------ + 1891|Fishburn _v._ |Chancery |J. Stirling, |[1891] 2 Ch. 371 + | Hollingshead | | | + | Registration and deposit requisite except under | + | International copyright act, 313 | + ----+----------------------+--------------+--------------+------------------ + 1892|Duck _v._ Mayen |Queen's Bench |J. Day, |8 T. L. R. 339 + | Limitation of specific license for drama | + | enforced, 190 | + ----+----------------------+--------------+--------------+------------------ + 1892|Fishel _v._ Lueckel |U. S. C. C. |J. Townsend, |53 F. R. 499 + | Appropriation of part of a work an infringement, | + | 244 | + ----+----------------------+--------------+--------------+------------------ + 1892|Fuller _v._ Bemis |U. S. C. C. |J. Lacombe, |50 F. R. 926 + | Skirt dance not a dramatic composition, 177 | + ----+----------------------+--------------+--------------+------------------ + 1892|Lamb _v._ Evans |Ct. App. |L. J. Lindley,|[1893], 1 Ch. 218 + | Copyright in sheet of advertisements upheld, 74 | + ----+----------------------+--------------+--------------+------------------ + 1892|Lee _v._ Gibbings |Chancery |J. Kekewich, |8 T. L. R. 773 + | Injury to author's repute question of libel not | + | of copyright, 274 | + ----+----------------------+--------------+--------------+------------------ + 1892|Lucas _v._ Williams |Ct. App. |L. Esher, |L. R. [1892] 2 + | Photograph of engraving infringes original |Q. B. 113 + | painting, 243, 274 | + ----+----------------------+--------------+--------------+------------------ + 1892|Walter _v._ Steinkopff|Chancery |J. North, |[1892] 3 Ch. 489 + | Copyright in form of news protectable, 89, 259. | + | Copying two-fifths of newspaper article, "unfair | + | use," 259 | + ----+----------------------+--------------+--------------+------------------ + 1892|Daly _v._ Webster |U. S. C. C. |J. Lacombe, |56 F. R. 483 + | | App. | | + | Infringement by single situation from dramatic | + | work, 191; change of sub-title after copyrighting| + | immaterial, 192 | + ----+----------------------+--------------+--------------+------------------ + 1893|U. S. enabling act (deposit) + ----+----------------------+--------------+--------------+------------------ + 1893|Black _v._ Allen |U. S. C. C. |J. Townsend, |56 F. R. 764 + | 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 | + | cyclopaedia immaterial, 261 | + ----+----------------------+--------------+--------------+------------------ + 1893|Falk _v._ Donaldson |U. S. C. C. |J. Townsend, |57 F. R. 32 + | Differences in lithographic reproduction of | + | photograph not a defense, 244 | + ----+----------------------+--------------+--------------+------------------ + 1893|Falk _v._ Gast |U. S. C. C. |J. Shipman, |54 F. R. 890 + | | App. | | + | Miniature samples not a publication of picture. | + | Affirming Falk _v._ Gast, 235 | + ----+----------------------+--------------+----------------+---------------- + 1893|Falk _v._ Heffron |U. S. C. C. |J. Wheeler, |56 F. R. 299 + | "Sheets" defined--copyright law must be strictly | + | construed as to forfeiture and penalties, 271 | + ----+----------------------+--------------+--------------+------------------ + 1893|French _v._ Day et al.|Queen's Bench |J. Kennedy, |9 T. L. R. 548 + | Proprietor, not manager, of theatre responsible | + | defendant, 193 | + ----+----------------------+--------------+--------------+------------------ + 1893|Hanfstaengl _v._ |Queen's Bench |J. Charles, |[1893] 2 Q. B. 1 + | Holloway | | | + | Registration and deposit not requisite, 313 | + ----+----------------------+--------------+--------------+------------------ + 1893|Macdonald _v._ |West. Co. Ct. | |Copinger 782 + | National Review | | | + | Printers' proof sent by publisher to author | + | implies acceptance of ms., 442 | + ----+----------------------+--------------+--------------+------------------ + 1893|Reichardt _v._ Sapte |Queen's Bench |J. Hawkins, |[1893] 2 Q. B. 308 + | Similar play previously written but later | + | performed cannot be enjoined, 187 | + ----+----------------------+--------------+--------------+------------------ + 1894|Drummond _v._ Altemus |U. S. C. C. |J. Dallas, |60 F. R. 338 + | Author may restrain under common law imperfect | + | reports of lectures, 264 | + ----+----------------------+--------------+--------------+------------------ + 1894|Ellis _v._ Ogden |Queen's Bench |J. Collins, |11 T. L. R. 50 + | Right in photographs not paid for belongs to | + | photographer, 239 | + ----+----------------------+--------------+--------------+------------------ + 1894|French _v._ Kreling |U. S. C. C. |J. Hawley, |63 F. R. 621 + | Printing of libretto for sole use of singers not | + | publication, 181 | + ----+----------------------+--------------+--------------+------------------ + 1894|Gilbert _v._ Star |Chancery |J. Chitty, |11 T. L. R. 4 + | Newspaper report of play under rehearsal | + | forbidden under common law, 186 | + ----+----------------------+--------------+--------------+------------------ + 1894|Hanfstaengl _v._ |Ct. App. |L. Esher, |[1895] 1 Q. B. 347 + | American Tobacco Co.| | | + | Registration and deposit in England not necessary| + | for foreign work, 313 | + ----+----------------------+--------------+--------------+------------------ + 1894|Hanfstaengl _v._ |House of Lords| |[1895] A. C. 20 + | Baines | | | + | _Tableaux_ not infringement of | + | pictures--"Design" does not cover | + | _tableaux_, 242 | + ----+----------------------+--------------+--------------+------------------ + 1894|Henderson _v._ |U. S. C. C. |J. Putnam, |60 F. R. 758 + | Tompkins | | | + | Literary merit not requisite, 177 | + ----+----------------------+--------------+--------------+------------------ + 1894|Press Pub. Co. _v._ |U. S. C. C. |J. Wheeler, |59 F. R. 324 + | Falk | | | + | Proprietorship of gratuitous photograph of | + | actress remains with photographer, 238 | + ----+----------------------+--------------+--------------+------------------ + 1894|Social Register |U. S. C. C. |J. Green, |60 F. R. 270 + | Assoc. _v._ Howard | | | + | Similar title enjoined as unfair competition, 262| + ----+----------------------+--------------+--------------+------------------ + 1894|Springer _v._ Falk |U. S. C. C. |J. Lacombe, |59 F. R. 707 + | | App. | | + | Composite photograph from two copyrighted | + | portraits held an infringement, 244 | + ----+----------------------+--------------+--------------+------------------ + 1894|Werckmeister _v._ |U. S. C. C. |J. Townsend, |63 F. R. 808 + | Springer | | | + | Copyright does not pass with sale of painting, | + | 234; illustration of picture in exhibition | + | catalogue not publication, 234 | + ----+----------------------+--------------+--------------+------------------ + 1894|Littleton _v._ Ditson |U. S. C. C. |J. Colt, |62 F. R. 597 + | Music sheets excepted from manufacturing | + | provisions, 167 | + ----+----------------------+--------------+--------------+------------------ + 1894|West Pub. Co. _v._ |U. S. C. C. |J. Coxe, |64 F. R. 360 + | Lawyers' Pub. Co. | | | + | Only proved "instances of piracy" in law digest | + | enjoined, 258 | + ----+----------------------+--------------+--------------+------------------ + 1895|U. S. act. Government documents not copyrightable + ----+----------------------+--------------+--------------+------------------ + 1895|U. S. act. Penalties for infringement of photographs, etc. + ----+----------------------+--------------+--------------+------------------ + 1895-1905 State dramatic laws + ----+----------------------+--------------+--------------+------------------ + 1895|Ditson _v._ Littleton |U. S. C. C. |_Per curiam_, |67 F. R. 905 + | | App. | | + | Affirming Littleton _v._ Ditson | + ----+----------------------+--------------+--------------+------------------ + 1895|Bolton _v._ Aldin |Queen's Bench |J. Grantham, |65 L. J. Q. B. 120 + | Drawing remade from photograph infringement, 241 | + ----+----------------------+--------------+--------------+------------------ + 1895|Chicago Dollar |U. S. C. C. |J. Baker, |65 F. R. 463 + | Directory Co. _v._ | App. | | + | Chicago Dir. Co. | | | + | Quantity of common errors evidence of | + | infringement in compilation, 257 | + ----+----------------------+--------------+--------------+------------------ + 1895|Ellis _v._ Marshall |Queen's Bench |J. Charles, |11 T. L. R. 522 + | Right in photograph paid for vests in sitter, 239| + ----+----------------------+--------------+--------------+------------------ + 1895|Exchange Tel. Co. |Queen's Bench |L. Esher, |[1896] 1 Q. B. + | _v._ Gregory | | M. R., | 147 + | Information furnished to subscribers protected, 89| + ----+----------------------+--------------+--------------+------------------ + 1895|Fuller _v._ Blackpool |Ct. of App. |L. Esher, |[1895] 2 Q. B. + | Winter Gardens Co. | | M. R., | 429 + | Song in costume but without dramatic action, not | + | dramatic piece, 176 | + ----+----------------------+--------------+--------------+------------------ + 1895|Harper _v._ Ganthony |U. S. C. C. |J. Lacombe, |Hamlin Copr. C. + | "Trilby"--monologues in costume following plot, | & D. 138 + | a dramatic infringement, 82, 171 | + ----+----------------------+--------------+--------------+------------------ + 1895|Harper _v._ Ranous |U. S. C. C. |J. Lacombe, |67 F. R. 904 + | Right of dramatization of "Trilby" included in | + | copyright of novel, 170 | + ----+----------------------+--------------+--------------+------------------ + 1895|Keeler _v._ Standard |U. S. Sup. Ct.|J. Shiras, |157 U. S. 659 + | Folding Bed Co. | | | + | Sale of patented article absolute and complete | + | unless restricted by contract, 54 | + ----+----------------------+--------------+--------------+------------------ + 1895|Snow _v._ Mast |U. S. C. C. |J. Sage, |65 F. R. 995 + | Abbreviation of date ('94 for 1894) in copyright | + | notice permitted, 130 | + ----+----------------------+--------------+--------------+------------------ + 1895|Wheeler _v._ Cobbey |U. S. C. C. |J. Shiras, |70 F. R. 487 + | Damages dependent on forfeiture, within statutory| + | 2 years, 272 | + ----+----------------------+--------------+--------------+------------------ + 1896|Webster _v._ Daly |U. S. Sup. Ct.|J. Fuller, |163 U. S. 155 + | Affirming Daly _v._ Webster | + ----+----------------------+--------------+--------------+------------------ + 1896|Gabriel _v._ McCabe |U. S. C. C. |J. Grosscup, |74 F. R. 743 + | License of song for a collection permits use in | + | combination or abridgment of such collection, 82,| + | 256. | + ----+----------------------+--------------+--------------+------------------ + 1896|Griffith _v._ Tower |Chancery |J. Stirling, |L. R. [1897] 1 + | Publishing agreement not transferable as | Ch. 21 + | bankruptcy asset, 451 | + ----+----------------------+--------------+--------------+------------------ + 1896|Guggenheim _v._ Leng |Queen's Bench |J. Cave, |12 T. L. R. 491 + | Printing illustration as separate supplement | + | infringement, as outside licensed use, 236 | + ----+----------------------+--------------+--------------+------------------ + 1896|Ladd _v._ Oxnard |U. S. C. C. |J. Putnam, |75 F. R. 703 + | Leasing a book to subscribers is publication, 53 | + ----+----------------------+--------------+--------------+------------------ + 1896|Mead _v._ West Pub. |U. S. C. C. |J. Lochren, |80 F. R. 380 + | Co. | | | + | Use from copyright book of non-copyright material| + | not infringement, 257 | + ----+----------------------+--------------+--------------+------------------ + 1896|Mott _v._ Clow |U. S. C. C. |J. Grosscup, |72 F. R. 168 + | Illustrations in trade catalogue being "mere | + | advertisements" not copyrightable, 237 | + ----+----------------------+--------------+--------------+------------------ + 1896|Pierce & Bushnell Co. |U. S. C. C. |J. Colt, |72 F. R. 54 + | _v._ Werckmeister | App. | | + | Exhibition without copyright notice considered | + | publication, 233 | + ----+----------------------+--------------+--------------+------------------ + 1896|Pitt Pitts _v._ George|Ct. App. |J. Lindley, |[1896] 2 Ch. 866 + | Importation of foreign edition prohibited under | + | British copyright, 292; "proprietor" means owner | + | of British copyright, 292, (296) | + ----+----------------------+--------------+--------------+------------------ + 1896|Press Pub. Co. _v._ |U. S. C. C. |J. Lacombe, |73 F. R. 196 + | Monroe | App. | | + | Publication without author's consent does not | + | divest him of any rights, 45; broad | + | interpretation of author's rights, 48 | + ----+----------------------+--------------+--------------+------------------ + 1896|Tree _v._ Bowkett, |Chancery |J. Kekewich, |74 L. T. (N. S.) 77 + | "Trilby"--rival dramatization, copying added | + | scenes enjoined, 174 | + ----+----------------------+--------------+--------------+------------------ + 1897|U. S. act. Appointment of Register of Copyrights + ----+----------------------+--------------+--------------+------------------ + 1897|U. S. act. Penalty for false claim of copyright + ----+----------------------+--------------+--------------+------------------ + 1897|U. S. act. Unauthorized representation + ----+----------------------+--------------+--------------+------------------ + 1897|Hoyt _v._ Bates |U. S. C. C. |J. Putnam, |81 F. R. 641 + | Ownership of copyright property is question for | + | state courts, 268 | + ----+----------------------+--------------+--------------+------------------ + 1897|Morrison _v._ |U. S. C. C. |J. Seaman, |87 F. R. 330 + | Pettibone | | | + | Uncompleted reproductions not exact copies and | + | not forfeitable, 272 | + ----+----------------------+--------------+--------------+------------------ + 1897|Osgood _v._ Aloe |U. S. C. C. |J. Adams, |83 F. R. 470 + | Omission of name vitiates copyright notice | + | though given in imprint, 128 | + ----+----------------------+--------------+--------------+------------------ + 1897|West Pub. Co. _v._ |U. S. C. C. |J. Lacombe, |79 F. R. 756 + | Lawyers' Pub. Co. | App. | | + | Whole law digest enjoined, although only parts | + | were infringements, 258 | + ----+----------------------+--------------+--------------+------------------ + 1898|Bolton _v._ London |Queen's Bench |J. Mathew, |14 T. L. R. 550 + | Exhibitions | | | + | 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 | + ----+----------------------+--------------+--------------+------------------ + 1898|Broder _v._ Zeno |U. S. C. C. |J. Morrow, |88 F. R. 74 + | Mauvais | | | + | Indecent song not copyrightable--melody | + | protected, 86 | + ----+----------------------+--------------+--------------+------------------ + 1898|Jewellers' Merc. |N. Y. Ct. App.|C. J. Parker, |155 N. Y. 241 + | Agency _v._ Jeweller's Wkly Pub. Co. | + | Leasing a book to subscribers is publication, 53 | + ----+----------------------+--------------+--------------+------------------ + 1898|Miles _v._ Amer. |U. S. C. C. |J. Lacombe, |Hamlin Copr. + | News Co. | | | C. & D. 29 + | Specific license for limited use of illustrations| + | enforced, 236 | + ----+----------------------+--------------+--------------+------------------ + 1898|Mallory _v._ Mackaye |U. S. C. C. |J. Wheeler, |86 F. R. 122 + | Employer entitled to copyright in dramatic works | + | written under salary, 188 | + ----+----------------------+--------------+--------------+------------------ + 1899|Mackaye _v._ Mallory |U. S. C. C. |J. Wallace, |92 F. R. 749 + | | App. | | + | "Modifying" Mallory _v._ Mackaye, but upholding | + | right of employer | + ----+----------------------+--------------+--------------+------------------ + 1899|Bennett _v._ Carr |U. S. C. C. |J. Thomas, |96 F. R. 213 + | | App. | | + | Copyright invalidated (under old law) by failure | + | to deposit written description of picture, 236 | + ----+----------------------+--------------+--------------+------------------ + 1899|Boosey _v._ Whight |Ct. App. |J. Lindley, |[1900] 1 Ch. 122 + | Perforated music roll not "copy" of sheet music, | + | 208; marginal directions neither music nor | + | literary composition, 208 | + ----+----------------------+--------------+--------------+------------------ + 1899|Brady _v._ Daly |U. S. Sup. Ct.|J. Peckham, |175 U. S. 148 + | Single situation protected as integral part of | + | drama, 191; damages, not penalty, under copyright| + | statute, 272 | + ----+----------------------+--------------+--------------+------------------ + 1899|Daly _v._ Walrath |N. Y. App. |J. Bartlett, |40 App. Div. 220 + | | Div. | | + | Prior printing abroad forfeits American dramatic | + | rights, 181 | + ----+----------------------+--------------+--------------+------------------ + 1899|Green _v._ Irish |Irish Ct. of |L. J. |[1899] 1 Ir. + | Independent | App. | Fitz-Gibbon,| Rep. 386 + | Newspaper liable for infringement, though without| + | knowledge, copyr. illustration printed as | + | advertisement, 236, 253 | + ----+----------------------+--------------+--------------+------------------ + 1899|Holmes _v._ Hurst |U. S. Sup. Ct.|J. Brown, |174 U. S. 82 + | Copyright protects intellectual production of | + | author, not merely the particular form. "Book" | + | not confined to bound volume, 67 | + ----+----------------------+--------------+--------------+------------------ + 1899|McDonald _v._ Hearst |U. S. C. C. |J. De Haven, |95 F. R. 656 + | Employer cannot be held to penal responsibility | + | for act of agent, 271 | + ----+----------------------+--------------+--------------+------------------ + 1899|Maxwell _v._ Goodwin |U. S. C. C. |J. Seaman, |93 F. R. 665 + | Playright in unpublished work, inherent under | + | common law, 187 | + ----+----------------------+--------------+--------------+------------------ + 1899|Murphy _v._ Christian |N. Y. App. |J. Cullen, |38 N. Y. App. Div. + | Press Assoc. | Div. | | 426 + | Decision against restraint of trade not | + | applicable to copyright monopolies, 50 | + ----+----------------------+--------------+--------------+------------------ + 1900|U. S. act. Hawaii and Porto Rico protection + ----+----------------------+--------------+--------------+------------------ + 1900|Bennett _v._ Boston |U. S. C. C. |J. Colt, |101 F. R. 445 + | Traveler Co. | App. | | + | Suit must be brought under general copyright of | + | newspaper, when portion is not specifically | + | copyrighted, 272 | + ----+----------------------+--------------+--------------+------------------ + 1900|Dielman _v._ White |U. S. C. C. |J. Lowell, |102 F. R. 892 + | Contract with U. S. Govt. failed to reserve | + | copyright on designs, 234 | + ----+----------------------+--------------+--------------+------------------ + 1900|Maloney _v._ Foote |U. S. C. C. |J. Pardee, |101 F. R. 264 + | No infringement by acts before copyrighting, 274 | + ----+----------------------+--------------+--------------+------------------ + 1900|Monarch Bk. Co. |U. S. C. C. |J. Grosscup, |Hamlin Copr. + | _v._ Neil | | | C. & D. 30 + | Copies of copyrighted modifications of | + | non-copyright pictures enjoined, 244 | + ----+----------------------+--------------+--------------+------------------ + 1900|Snow _v._ Laird |U. S. C. C. |J. Woods, |98 F. R. 813 + | | App. | | + | Slight alteration on non-copyrighted photograph | + | does not justify copyright, 245 | + ----+----------------------+--------------+--------------+------------------ + 1900|Walter _v._ Lane |House of Lords| |[1900] A. C. 539 + | Reports of Rosebery's speeches--no literary merit| + | or labor need be shown to secure copyright, 68 | + ----+----------------------+--------------+--------------+------------------ + 1900|Falk _v._ Curtis Pub. |U. S. C. C. |J. Dallas, |100 F. R. 77 + | Co. | | | + | "Person" includes partnerships and corporations, | + | 273 | + ----+----------------------+--------------+--------------+------------------ + 1901|Falk _v._ Curtis Pub. |U. S. C. C. |J. Buffington,|107 F. R. 126 + | Co. |App. | | + | Suit for penalties cannot precede forfeiture, | + | 273.--Affirming Falk _v._ Curtis Pub. Co. | + ----+----------------------+--------------+--------------+------------------ + 1901|Child _v._ N. Y. |U. S. C. C. |J. Hazel, |110 F. R. 527 + | Times Co. | | | + | No penalty where copies are not literally "found | + | in possession," 272 | + ----+----------------------+--------------+--------------+------------------ + 1901|Doan, _et al._ _v._ |U. S. C. C. |J. Jenkins, |105 F. R. 772 + | Amer. Bk. Co. | App. | | + | Rebound second-hand copies no infringement, but | + | must be distinctly marked, 263 | + ----+----------------------+--------------+--------------+------------------ + 1901|Marshall _v._ Bull |Ct. App. |L. J. Collins,|85 L. T. 77 + | Illustrations protected as part of book, 238; | + | sale of electrotypes does not transfer | + | copyright, 238 | + ----+----------------------+--------------+--------------+------------------ + 1901|Neufeld _v._ Chapman |King's Bench |J. Walton, |_Times_ O. 31, '01 + | "All copies sold" includes periodical | + | publication, 448 | + ----+----------------------+--------------+--------------+------------------ + 1901|Nicholls _v._ Parker |King's Bench |J. Wright, |17 T. L. R. 482 + | Specific license for use of illustration in | + | specified periodical upheld, despite "custom of | + | the trade," 236 | + ----+----------------------+--------------+--------------+------------------ + 1901|Stern _v._ Rosey |D. C. C. App. |J. Shepard, |17 App. Dist. + | | | | Col. 562 + | Mechanical reproduction of copyrighted songs not | + | preventable, 205 | + ----+----------------------+--------------+--------------+------------------ + 1901|Trengrouse _v._ "Sol" |Chancery |C. J. |_Times_ S. 26, '01 + | Syndicate | | Alverstone, | + | Whole work infringement though less than a page | + | pirated, 254 | + ----+----------------------+--------------+--------------+------------------ + 1901|Western Union _v._ |U. S. Sup. Ct.|J. Brewer, |181 U. S. 92 + | Call Pub. Co. | | | + | When common law in states is in conflict, U. S. | + | courts will enforce that of England, 44 | + ----+----------------------+--------------+--------------+------------------ + 1901|Hegeman _v._ Springer |U. S. C. C. |J. Wheeler, |110 F. R. 374 + | | App. | | + | Seizure without prior demand authorized, 274 | + ----+----------------------+--------------+--------------+------------------ + 1902|Musical (summary proceedings) copyright act |2 Edw. VII, c. 15 + ----+----------------------+--------------+--------------+------------------ + 1902|Amer. Press Assoc. |U. S. C. C. |J. Jenkins, |120 F. R. 766 + | _v._ Daily Story | App. | | + | Pub. Co. | | | + | Innocent copying from reprint lacking copyright | + | notice an infringement, 253 | + ----+----------------------+--------------+--------------+------------------ + 1902|Britain _v._ Hanks |King's Bench |J. Wright, |86 L. T. 765 + | Toy soldiers, artistically modeled, copyrightable| + | as sculpture, 247 | + ----+----------------------+--------------+--------------+------------------ + 1902|Fraser _v._ Yack |U. S. C. C. |J. Jenkins, |116 F. R. 285 + | | App. | | + | "Little Minister"--Foreigner, prior to 1891, | + | could transfer advance sheets only, not right to | + | copyright, 110 | + ----+----------------------+--------------+--------------+------------------ + 1902|Herne _v._ Liebler |N. Y. App. |J. Ingraham, |73 App. Div. + | | Div. | | 194 + | Sub-license under limited lease of unpublished | + | drama prevented under common law, 187 | + ----+----------------------+--------------+--------------+------------------ + 1902|Mifflin _v._ Dutton |U. S. Sup. Ct.|J. Brown, |174 U. S. 82 + | In joint authorship duplicate copyrights under | + | different names not permissible, 102 | + ----+----------------------+--------------+--------------+------------------ + 1902|National Tel. News Co.|U. S. C. C. |J. Grosscup, |119 F. R. 294 + | _v._ Western Union | App. | | + | News on ticker tape not copyrightable but unfair | + | use enjoinable, 89 | + ----+----------------------+--------------+--------------+------------------ + 1902|Patterson _v._ Ogilvie|U. S. C. C. |J. Lacombe, |119 F. R. 451 + | Variance of sub-title immaterial, 192; damages | + | not barred by limitation as penalties, 273 | + ----+----------------------+--------------+--------------+------------------ + 1903|Graves _v._ Gorrie |Privy Council |Ld. Lindley, |89 L. T. 111 + | Fine arts copyright act, 1862, does not protect | + | outside United Kingdom, 246 | + ----+----------------------+--------------+--------------+------------------ + 1903|Hegeman _v._ Springer |U. S. Sup. Ct.|_Per curiam_, |189 U. S. 505 + | Affirming Hegeman _v._ Springer | + ----+----------------------+--------------+--------------+------------------ + 1903|Barnes _v._ Miner |U. S. C. C. |J. Ray, |122 F. R. 480 + | Combination of songs, costume and cinematograph | + | not a dramatic composition, 175 | + ----+----------------------+--------------+--------------+------------------ + 1903|Bleistein _v._ |U. S. Sup. Ct.|J. Holmes, |188 U. S. 239 + | Donaldson | | | + | 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 | + ----+----------------------+--------------+--------------+------------------ + 1903|Bloom _v._ Nixon |U. S. C. C. |J. McPherson, |125 F. R. 977 + | Parody, including quotation, not infringement, | + | 190 | + ----+----------------------+--------------+--------------+------------------ + 1903|Champney _v._ Haag |U. S. C. C. |J. McPherson, |121 F. R. 944 + | Photograph from a photograph construed as | + | infringement of photograph, and not of original | + | painting, 243, 274 | + ----+----------------------+--------------+--------------+------------------ + 1903|Cleland _v._ Thayer |U. S. C. C. |J. Caldwell, |121 F. R. 71 + | | App. | | + | Original photograph of uncopyrighted or | + | uncopyrightable subject protected, 241 | + ----+----------------------+--------------+--------------+------------------ + 1903|Dodge _v._ Allied Arts|N. Y. Sup. Ct.|J. McCall, |Hamlin Copr. + | | | | C. & D. 115 + | Artist can prevent alterations of paintings done | + | on commission, 245 | + ----+----------------------+--------------+--------------+------------------ + 1903|Edison _v._ Lubin |U. S. C. C. |J. Buffington,|122 F. R. 240 + | | App. | | + | Entire moving picture film one photograph | + | protected by single notice, 242 | + ----+----------------------+--------------+--------------+------------------ + 1903|Frohman _v._ Weber |N. Y. Sup. Ct.|J. Clarke, |Hamlin Copr. + | | | | C. & D. 151 + | Use of names of characters in plays not | + | infringement, 192 | + ----+----------------------+--------------+--------------+------------------ + 1903|Kipling _v._ Putnam |U. S. C. C. |J. Coxe, |120 F. R. 631 + | | App. | | + | Changed binding of copyright work permissible, | + | 263; elephant's head design not distinctive | + | trade-mark, 263; no similarity to constitute | + | unfair competition, 263 | + ----+----------------------+--------------+--------------+------------------ + 1903|Lawrence & Bullen |House of Lords| |[1904] L. R. App. + | _v._ Aflalo | | | C. 17 + | Proprietor of encyclopaedia "stood in the shoes" | + | of writers as copyright proprietor, 99 | + ----+----------------------+--------------+--------------+------------------ + 1903|Lorimer _v._ Boston |Mass. Sup. Ct.|J. Morton, |_Pub. Week._ + | Herald | | | 63:1386 + | Burlesqued title in newspaper articles not | + | enjoinable, 264 | + ----+----------------------+--------------+--------------+------------------ + 1903|Moore _v._ Edwardes |King's Bench |L. C. J. |_Times_ Mr. 3, '03 + | | | Alverstone, | + | Use of scenario from rejected ms. for | + | unauthorised work punished, 176 | + ----+----------------------+--------------+--------------+------------------ + 1903|Nethersole _v._ Bell |Chancery |J. Farwell, |_Times_ Jl. 4, 31, + | Rival dramatisation as modified from other | '03 + | version enjoined, 174 | + ----+----------------------+--------------+--------------+------------------ + 1903|Rinehart _v._ Smith |U. S. C. C. |J. McPherson, |121 F. R. 148 + | Replevin not the proper form of copyright suit, | + | 273 | + ----+----------------------+--------------+--------------+------------------ + 1903|Stone _v._ Long, |King's Bench |Master Chitty,|Copr. Cas. + | Publisher responsible for loss of ms. by | '01-'04, 66 + | employee's negligence, 442 | + ----+----------------------+--------------+--------------+------------------ + 1903|Thompson Co. _v._ |U. S. C. C. |J. Coxe, |122 F. R. 922 + | Amer. Law Book Co. | App. | | + | 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 | + ----+----------------------+--------------+--------------+------------------ + 1903|Victor Talking |U. S. C. C. |J. Baker, |123 F. R. 424 + | Mach. Co. _v._ The Fair|App. | + | Patent as a monopoly, 50 | + ----+----------------------+--------------+--------------+------------------ + 1903|Wagner _v._ Conried |U. S. C. C. |J. Lacombe, |125 F. R. 798 + | Previous printing abroad forfeits American | + | playright in music, 181 | + ----+----------------------+--------------+--------------+------------------ + 1903|Wright _v._ Eisle |N. Y. App. |J. Woodward, |86 App. Div. 356 + | | Div. | | + | Filing of architectural plans in public office | + | constitutes publication, 242 | + ----+----------------------+--------------+--------------+------------------ + 1904|U. S. act. Protection of works, Louisiana Purchase Exposition + ----+----------------------+--------------+--------------+------------------ + 1904|Bisel _v._ Welsh |U. S. C. C. |J. Holland, |131 F. R. 564 + | Repetition of errors evidence of author's | + | infringement of his own earlier work, 257 | + ----+----------------------+--------------+--------------+------------------ + 1904|Encyclopaedia |U. S. C. C. |J. Lacombe, |_Pub. Week._ + | Brittanica Co. _v._ | | | 55:1458 + | Tribune Assoc. | | | + | Condensations of copyright articles from | + | cyclopaedia enjoined, 261 | + ----+----------------------+--------------+--------------+------------------ + 1904|Gannet _v._ Rupert |U. S. C. C. |J. Coxe, |_Pub. Week._ + | | App. | | 55:69 + | "Comfort" as title of periodical protected as | + | common law trade-mark, 84; court should arrest | + | pirate before he makes off with plunder, 274 | + ----+----------------------+--------------+--------------+------------------ + 1904|Straus _v._ Amer. |N. Y. Ct. App.|C. J. Parker, |177 N. Y. 473 + | Pub. Assoc. | | | + | Agreements to restrict prices legal on copyright | + | books; contrary to statute on non-copyright | + | books, 57 | + ----+----------------------+--------------+--------------+------------------ + 1905|U. S. act. _Ad interim_ protection + ----+----------------------+--------------+--------------+------------------ + 1905|U. S. trade-mark act + ----+----------------------+--------------+--------------+------------------ + 1905|Fraser _v._ Edwardes |King's Bench |J. Darling, |_Times_ Mr. 23-30, + | Use of scenario from rejected ms. for | '05 + | unauthorized work punished, 176 | + ----+----------------------+--------------+--------------+------------------ + 1905|Harper _v._ Donohue |U. S. C. C. |J. Sanborn, |144 F. R. 491 + | Analysis of author's rights, 47; omission of | + | notice on foreign-made edition does not vitiate | + | Amer. copyright, 133 | + ----+----------------------+--------------+--------------+------------------ + 1905|Hills _v._ Hoover |U. S. C. C. |J. Holland, |136 F. R. 701 + | Additional words in copyright notice harmless | + | superfluity, 128 | + ----+----------------------+--------------+--------------+------------------ + 1905|Lucas _v._ Moncrieff |Chancery |J. Warrington,|21 T. L. R. 683 + | Publishing agreement released by bankruptcy of | + | publisher, 443 | + ----+----------------------+--------------+--------------+------------------ + 1905|Sampson & Murdock |U. S. C. C. |J. Putnam, |140 F. R. 539 + | Co. _v._ Seaver | App. | | + | Radford | | | + | Verification from rival directory beyond fair | + | use, 255 | + ----+----------------------+--------------+--------------+------------------ + 1905|Slingsby _v._ Bradford|Chancery |J. Warrington,|[1905] W. N. 122 + | Co. | | | + | Copying of fraudulent material not punishable in | + | equity, 258 | + ----+----------------------+--------------+--------------+------------------ + 1906|Musical copyright act |6 Edw. VII; c. 36 + ----+----------------------+--------------+--------------+------------------ + 1906|U. S. trade-mark act + ----+----------------------+--------------+--------------+------------------ + 1906|Burk _v._ Johnson |U. S. C. C. |J. Adams, |146 F. R. 209 + | | App. | | + | Copyright cannot protect schemes or method of | + | doing business, 61 | + ----+----------------------+--------------+--------------+------------------ + 1906|Davis _v._ Benjamin |Chancery |J. Eady, L. R.|[1906] 2 Ch. + | Sheet of advertising illustrations held a book, 73| 491 + ----+----------------------+--------------+--------------+------------------ + 1906|Donohue _v._ Harper |U. S. C. C. |_Per curiam_, |146 F. R. 1023 + | | App. | | + | Affirming decision in Harper _v._ Donohue | + ----+----------------------+--------------+--------------+------------------ + 1906|Hartford Printing |U. S. C. C. |J. Platt, |146 F. R. 332; + | Co. _v._ Hartford | | | 148 F. R. 470 + | Directory Co. | | | + | Gross receipts less cost awarded as damages, for | + | wholesale copying, 275 | + ----+----------------------+--------------+--------------+------------------ + 1906|Macmillan _v._ Dent |Ct. App. |J. Vaughan, |[1907] 1 Ch. 107 + | Charles Lamb letters--copyright separate from | + | material object, 92 | + ----+----------------------+--------------+--------------+------------------ + 1906|Rex _v._ Willets | |Com. Serj., |_Times_ Ja. 20, '06 + | Criminal sentences in conspiracy of cheap music | + | pirates, 277 | + ----+----------------------+--------------+--------------+------------------ + 1906|Ward, Lock & Co. _v._ |Chancery |J. Kekewich, |L. R. [1906] 2 + | Long | | | Ch. 550 + | Agreement to write a book assignable after | + | completion of book, 441 | + ----+----------------------+--------------+--------------+------------------ + 1906|White-Smith _v._ |U. S. C. C. |_Per curiam_, |147 F. R. 226 + | Apollo | App. | | + | Perforated roll not copy in fact of staff | + | notation, 204 | + ----+----------------------+--------------+--------------+------------------ + 1906|Wooster _v._ Crane |U. S. C. C. |J. Van |147 F. R. 515 + | | App. | Devanter, | + | Author restrained from selling modification of | + | copyright work previously assigned, 442 | + ----+----------------------+--------------+--------------+------------------ + 1907|Patents and designs act |7 Edw. VII. c. 29 + ----+----------------------+--------------+--------------+------------------ + 1907|American Tobacco Co. |U. S. Sup. Ct.|J. Day, |207 U. S. 284 + | _v._ Werckmeister | | | + | Exhibition with restriction as to copying, not | + | publication, 232, 235 | + ----+----------------------+--------------+--------------+------------------ + 1907|Bracken _v._ Rosenthal|U. S. C. C. |J. Kohlsaat, |151 F. R. 136 + | Photograph infringes copyright in statuary, 243 | + ----+----------------------+--------------+--------------+------------------ + 1907|Dutton _v._ Cupples |N. Y. App. |J. Scott, |_Pub. Week._ + | & Leon | Div. | | 71:630 + | Imitation of style of series unfair competition, | + | 263 | + ----+----------------------+--------------+--------------+------------------ + 1907|Jude's "Liedertafel" |Ct. App. |C. J. |L. R. [1907] + | case | | Alverstone, | 1 Ch. 651 + | Assignment expunged from record, 447 | + ----+----------------------+--------------+--------------+------------------ + 1907|Philip _v._ Pennell |Chancery |J. Kekewich, |L. R. [1907] 2 + | | | | Ch. 577 + | Publication permitted of biographical information| + | from receivers of letters, 92 | + ----+----------------------+--------------+--------------+------------------ + 1907|Merriam _v._ Ogilvie |U. S. C. C. |J. Colt, |149 F. R. 858 + | Use of name "Webster" not restrainable except | + | where public is misled, 261 | + ----+----------------------+--------------+--------------+------------------ + 1908|Merriam _v._ Ogilvie |U. S. C. C. |J. Aldrich, |159 F. R. 638 + | | App. | | + | Affirming Merriam _v._ Ogilvie | + ----+----------------------+--------------+--------------+------------------ + 1908|White-Smith _v._ |U. S. Sup. Ct.|J. Day, |209 U. S. 1 + | Apollo | | | + | Records not copies or publications of copyright | + | music, 54, 204. Affirming White-Smith _v._ Apollo| + ----+----------------------+--------------+--------------+------------------ + 1908|Bamforth _v._ Douglas |U. S. C. C. |J. McPherson, |158 F. R. 355 + | Post Card Co. | | | + | Unfair competition not restrainable if | + | copyrightable work is not copyrighted, 264 | + ----+----------------------+--------------+--------------+------------------ + 1908|Bobbs-Merrill Co. |U. S. Sup. Ct.|J. Day, |210 U. S. 339 + | _v._ Straus | | | + | Restriction of price not enforceable in | + | connection with copyright notice, 55, 57 | + ----+----------------------+--------------+--------------+------------------ + 1908|Clinical Obstetrics, |Chancery |J. Warrington,|Copr. Cas. + | _in re_ | | | '05-'10, 176 + | "Exclusive right of publication" a license, not | + | assignment, 447; assignment record expunged, 447.| + ----+----------------------+--------------+--------------+------------------ + 1908|Globe Newspaper |U. S. Sup. Ct.|J. Day, |210 U. S. 356 + | Co. _v._ Walker | | | + | No damages outside statutory protection where no | + | copies were found in possession, 272 | + ----+----------------------+--------------+--------------+------------------ + 1908|Jones _v._ Amer. Law |N. Y. App. |J. Houghton, |125 App. Div. 519 + | Bk. Co. | Div. | | + | Denying right of author to have name appended to | + | cyclopaedic contribution, 100 | + ----+----------------------+--------------+--------------+------------------ + 1908|Karno _v._ Pathe |King's Bench |J. Jelf, |99 L. T. 114 + | Freres | | | + | Moving pictures not infringement, 177 | + ----+----------------------+--------------+--------------+------------------ + 1908|Landa _v._ Greenberg |Chancery |J. Eve, |24 T. L. R. 441 + | _Nom de plume_ of settled use protected outside | + | copyright or trade-mark, 99 | + ----+----------------------+--------------+--------------+------------------ + 1908|Mansell _v._ Valley |Ct. App. |Cozens-Hardy, |L. R. [1908] 2 + | Printing Co. | | M. R., | Ch. 441 + | Common law concurrent with statutory protection | + | of unpublished works, 61 | + ----+----------------------+--------------+--------------+------------------ + 1908|Royal Sales Co. _v._ |U. S. C. C. |J. Ward, |164 F. R. 207 + | Gaynor | | | + | Monogram not copyrightable, 70 | + ----+----------------------+--------------+--------------+------------------ + 1908|Sarpy _v._ Holland |Ct. App. |Cozens-Hardy, |L. R. [1908] 2 + | | | M. R., | Ch. 198 + | Copyright reservation in foreign language | + | sufficing, 313; no formalities requisite under | + | international copyright, 313 | + ----+----------------------+--------------+--------------+------------------ + 1908|Scribner _v._ Straus |U. S. Sup. Ct.|J. Day, |210 U. S. 352 + | Agreement to restrict prices not proven by notice| + | on bills, etc., 55 | + ----+----------------------+--------------+--------------+------------------ + 1908|Share Certificate |Div. Ct. |J. Bigham, |Copr. Cas. + | Book, _in re_ | | | '05-'10, 173 + | False entry expunged from registry, 150 | + ----+----------------------+--------------+--------------+------------------ + 1908|Straus _v._ American |N. Y. App. |J. Gray, |127 App. D. 936 + | Publishers' | Div. | | + | Association | | | + | Agreements to restrict price legal on copyright | + | books, 57; dissenting opinion, 57 | + ----+----------------------+--------------+--------------+------------------ + 1908|Tate _v._ Fullbrook |Ct. App. |L. J. Vaughan |L. R. [1908] 1 + | | | Williams, | K. B. 821 + | Writer of dialogue sole author of musical sketch | + | in England, 176 | + ----+----------------------+--------------+--------------+------------------ + 1908|United Dictionary |U. S. Sup. Ct.|J. Holmes, |208 U. S. 260 + | Co. _v._ Merriam | | | + | Omission of notice on foreign-made edition sold | + | only for use there does not vitiate Amer. | + | copyright, 134 | + ----+----------------------+--------------+--------------+------------------ + 1908|Dam _v._ Kirke La |U. S. C. C. |J. Hazel, |166 F. R. 589 + | Shelle Co. | | | + | Reassignment to author of copyright in periodical| + | contribution, 101; right of dramatization | + | included in copyright of story, 171; full profits| + | awarded as damages, 171 | + ----+----------------------+--------------+--------------+------------------ + 1908|Harper _v._ Kalem |U. S. C. C. |J. Lacombe, | + | Copyright notice in book protects illustrations | + | against moving picture reproduction, 77 | + ----+----------------------+--------------+--------------+------------------ + 1909|U. S. Copyright code + ----+----------------------+--------------+--------------+------------------ + 1909|Banks Law Pub. Co. |U. S. C. C. |_Per curiam_, |169 F. R. 386 + | _v._ Lawyers | App. | | + | Co-operative Pub. Co. | | + | Affirming that arrangement of cases in sequence, | + | pagination, etc., are not protectable details, | + | 259 | + ----+----------------------+--------------+--------------+------------------ + 1909|Bong _v._ Campbell |U. S. Sup. Ct.|J. McKenna, |214 U. S. 236 + | Art Co. | | | + | Citizen of an unproclaimed country cannot | + | indirectly obtain American copyright, 110 | + ----+----------------------+--------------+--------------+------------------ + 1909|Bosselman _v._ |U. S. C. C. |J. Ward, |174 F. R. 622 + | Richardson | App. | | + | Copyright claimant other than author must prove | + | his claims, 107 | + ----+----------------------+--------------+--------------+------------------ + 1909|Caliga _v._ |U. S. Sup. Ct.|J. Day, |215 U. S. 182 + | Inter-Ocean Newsp. Co. | | + | Re-copyright on finishing picture invalid, 231 | + ----+----------------------+--------------+--------------+------------------ + 1909|Chicago Tribune _v._ |U. S. C. C. |J. Grosscup, |_Pub. Week._ + | Ill. Printing & Pub. Co. | | 76: 643, 957 + | Peary letters--copyright in newspaper letter as | + | book upheld, 103 | + ----+----------------------+--------------+--------------+------------------ + 1909|N. Y. Times _v._ |U. S. C. C. |J. Hand, |_Pub. Week._ + | Press Pub. Co. _et al._ | | 76: 643, 957 + | Peary letters--agreement for newspaper letters | + | did not authorize copyright as book, 103 | + ----+----------------------+--------------+--------------+------------------ + 1909|Consolidated Gas Co. |U. S. Sup. Ct.|J. Peckham, |212 U. S. 19 + | State has sovereign power to limit prices--in | + | case of public franchise corporation, 207 | + ----+----------------------+--------------+--------------+------------------ + 1909|Freeman _v._ Trade |U. S. C. C. |J. Donworth, |173 F. R. 419 + | Register | | | + | Copyright notice on editorial page invalid, 131 | + ----+----------------------+--------------+--------------+------------------ + 1909|Frohman _v._ Ferris |Ill. Sup. Ct. |J. Farmer, |238 Ill. Rep. 430 + | Performance of play not publication, 181 | + ----+----------------------+--------------+--------------+------------------ + 1909|Glaser _v._ St. Elmo |U. S. C. C. |J. Holt, |175 F. R. 276 + | Co. | | | + | Title of novel, out of copyright, not protectable| + | in drama, 192 | + ----+----------------------+--------------+--------------+------------------ + 1909|Green _v._ Luby |U. S. C. C. |J. Noyes, |177 F. R. 287 + | Error in classification does not invalidate | + | copyright, 136 | + ----+----------------------+--------------+--------------+------------------ + 1909|Harper _v._ Kalem |U. S. C. C. |J. Ward, |169 F. R. 61 + | | App. | | + | 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 | + ----+----------------------+--------------+--------------+------------------ + 1909|Heinemann _v._ Smart |Chancery |J. Parker, |_Times_, Jl. 15, + | Set Pub. Co. | | | '09 + | Innocent publisher responsible for acts beyond | + | authority given to literary agent, 437 | + ----+----------------------+--------------+--------------+------------------ + 1909|Hervieu _v._ Ogilvie |U. S. C. C. |J. Martin, |169 F. R. 978 + | Printed drama not subject to manufacturing | + | provisions as "book," 155, 168 | + ----+----------------------+--------------+--------------+------------------ + 1909|Hunter _v._ Clifford |West. Co. Ct. |J. Lush, |_Times_ N. 12. '09 + | Right to copyright lapsed on work of art sold | + | without registration, 247 | + ----+----------------------+--------------+--------------+------------------ + 1909|Karno _v._ Pathe |Ct. App. |L. J. Vaughan |100 L. T. 260 + | Freres | | Williams, | + | Exhibitor, not manufacturer of film, responsible | + | party, 177 | + ----+----------------------+--------------+--------------+------------------ + 1909|Saake _v._ Lederer |U. S. C. C. |J. Buffington,|174 F. R. 135 + | | App. | | + | License to perform does not imply authority to | + | copyright, 107 | + ----+----------------------+--------------+--------------+------------------ + 1909|Scholz _v._ Amasis |Ct. App. |L. C. J. |_Times_ My. 19, '09 + | | | Farwell, | + | Only substantial copying of written dialogue | + | infringes drama in England, 176 | + ----+----------------------+--------------+--------------+------------------ + 1910|Dam _v._ Kirke La |U. S. C. C. |J. Noyes, |175 F. R. 902 + | Shelle Co. | App. | | + | Following decision in lower court | + ----+----------------------+--------------+--------------+------------------ + 1910|De Jonge _v._ Breuker |U. S. C. C. |J. McPherson, |182 F. R. 150 + | & Kessler | | | + | 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 | + ----+----------------------+--------------+--------------+------------------ + 1910|Eliot & Collier _v._ |N. Y. Sup. Ct.|J. Newburger, |120 N. Y. + | Jones, _et al._ | | | Supp. 989 + | Use of "Dr. Eliot's five-foot shelf" prohibited | + | as involving deception, 85 | + ----+----------------------+--------------+--------------+------------------ + 1910|Ellis _v._ Hurst |N. Y. Sup. Ct.|J. Greenbaum, |128 N. Y. + | Use of an author's real name on pseudonymous | Supp. 144 + | non-copyright works not restrainable, 98 | + ----+----------------------+--------------+--------------+------------------ + 1910|Gilbert _v._ Workman |Chancery |J. Neville, |_Times_ Ja. 19, '10 + | Interpolation of song without consent of author | + | of opera enjoined, 100 | + ----+----------------------+--------------+--------------+------------------ + 1910|Hein _v._ Harris |U. S. C. C. |J. Hand, |175 F. R. 875 + | Musical copyright infringed by transposition, 170| + | Affirmed in same year by U. S. C. C. App. | + ----+----------------------+--------------+--------------+------------------ + 1910|Larby _v._ Love |King's Bench |J. Bucknill, |Copr. Cas. + | Upholds prohibition against underselling in bill | '05-'10, 291 + | of sale, 57 | + ----+----------------------+--------------+--------------+------------------ + 1910|Monckton _v._ |Chancery |J. Joyce, |_Times_ D. 6, '10 + | Gramophone Co. | | | + | Common law cannot protect after publication, 62 | + ----+----------------------+--------------+--------------+------------------ + 1910|Park & Pollard _v._ |U. S. C. C. |J. Philips, |181 F. R. 431 + | Kellerstrass | | | + | Whole work enjoined where infringing parts were | + | inseparable, 258 | + ----+----------------------+--------------+--------------+------------------ + 1910|Press Assoc. _v._ |Chancery |J. Warrington,|_Times_ D. 8, '10 + | Reporting Agency | | | + | Election returns protected against "unfair | + | competition," 89 | + ----+----------------------+--------------+--------------+------------------ + 1910|Record & Guide Co. |U. S. C. C. |J. McPherson, |175 F. R. 156 + | _v._ Bromley | | | + | 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 | + ----+----------------------+--------------+--------------+------------------ + 1910|Rex _v._ Bokenham |Cent. Crim. |Com. Serj., |_Times_ Jl. 22, + | | Ct. | | '10 + | Piracy from surreptitiously obtained copies of | + | poems punished by imprisonment, 277 | + ----+----------------------+--------------+--------------+------------------ + 1910|Stern _v._ Remick |U. S. C. C. |J. Hand, |175 F. R. 282 + | Sale of single copy held to constitute | + | publication, 127; use of Roman for Arabic | + | numerals in copyright notice immaterial, 130 | + ----+----------------------+--------------+--------------+------------------ + 1910|West Pub. Co. _v._ |U. S. C. C. |J. Ward, |176 F. R. 833 + | Thompson Co. | App. | | + | 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 | + ----+----------------------+--------------+--------------+------------------ + 1910|White-Smith _v._ Goff |U. S. C. C. |J. Brown, |180 F. R. 256 + | Renewal personal to author or heirs only, except | + | possibly in case of work assigned before | + | publication, 116 | + ----+----------------------+--------------+--------------+------------------ + 1911|Copyright act |1 & 2 Geo. V c. 46 + ----+----------------------+--------------+--------------+------------------ + 1911|Shepard _v._ Taylor |U. S. C. C. |J. Hazel, |185 F. R. 941 + | Common errors _prima facie_ proof of | + | infringement, 258 | + ----+----------------------+--------------+--------------+------------------ + 1911|White _v._ Bender |U. S. C. C. |J. Ray, |185 F. R. 921 + | Citations may be utilized for verification, but | + | bodily transfer is infringement, 257 | + ----+----------------------+--------------+--------------+------------------ + + + + +Leading references are |in black face| figures. References to statutes +are designated by Sec. (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. + + + INDEX + + + Abandonment, 121. + Abernethy _v._ Hutchinson (1825), 90. + Abridgment, 64, |80|, 82, 145, 199, |255|, 392; + Sec. 6, 468; + R. Sec. 18, 500; + Au. Sec. 13, 584; Sec. 28, 587; Sec. 29, 588; + I. 614. + Account books, noncopr., 71; + R. Sec. 5, 496. + Accounts. _See_ Damages. + Acrobatic tricks noncopr., 163; + R. Sec. 8, 497. + Actions. _See_ Suits. + Acts of Parliament, Crown copr., 123. + Ad interim copr. _See_ Interim copr. + Adamnan, 9. + Adams, G. E., 362. + Adaptation, 12, 30, 42, 45, 64, 113, 163, 170, 197, 199, 210, |243|, + 319, 326, 328, 392, 403, 405; + Sec. 1 (b), 465; Sec. 6, 468; + R. Sec. 10, 498; + Au. Sec. 13, 584; + I. 604, 614, 615; + P. 634, 651. + Additions, |75|, 77, 174; + P. 651; + by publisher, 100. + _See also_ Editions, new. + Addresses. _See_ Oral work. + Administrator, 95, 102, |104|; + Sec. 8, 469; + R. Sec. 2, 495; + C. Sec. 2, 555. + _See also_ Heir. + Advertisements, 69, 71, |73|, 236, |237|; + R. Sec. 5, 496; + C. Sec. 14, 564. + Advertising labels, 223; + novelties, 72, 223, 224; + R. Sec. 12, 498; Sec. 16, |499|. + AEolian Co., 204. + Affidavit of manufacture, 88, 136, 138, 139, 154, |158|, 167, 229, 303, + 397, |511|; + Sec. 16, 472; Sec. 17, 472; Sec. 55, 484; + R. Sec. 32, 504; Sec. 33, 505; Sec. 34, 506; Sec. 35, 506; + false, 121, 126, |144|, 158; + Sec. 17, 472. + Agent, 286; + literary, 435. + _See also_ Publisher. + Agreements. _See_ Contract. + Alaska, 39, 108, 270; + Sec. 34, 481. + Albert, Prince. _See_ Prince. + Aldus, 13, 14. + Algiers, 400, 418. + Alien. _See_ Foreign author. + Almanacs, 21, 38. + Alterations, 75, |100|, 101, 174, 199, |243|, 252, 254, 414, 433, 438; + E. Sec. 19 (2), 530, (7) 532; + P. 651. + _See also_ Editions, new. + America. _See_ United States, Canada, Latin America, Pan American, names + of countries, etc. + Amer. (Authors) Copr. League, 118, 156, 214, 356, 358, 359, 361, 367, + 370, 430, 454. + Amer. Bar Assoc., 46, 371. + Amer. Book Co. _v._ Doan (1901), 263. + Amer. Book Co., importation case, 285. + Amer. Dramatists Club, 194. + Amer. Press Assoc. _v._ Daily Story Pub. Co. (1902), 253. + Amer. Publishers' Assoc., 55. + Amer. Publishers' Copr. League, 360, 455. + Amer. Tobacco Co. _See_ Werckmeister. + Amsterdam Literary Congress (1883), 314. + Animal shows, noncopr., 163; + R. Sec. 8, 497. + Anne, Statute of (1710), 6, 23, |24|, 28, 34, 35, 108, 125, 265, 373. + Annotations, 69. + Annulment of copr. entry, 121. + Anonymous and pseudonymous works, 87, 98, |101|, 113, 115, 120, 122, + 124, 129, 137, 319, 328, 333, 511; + Sec. 23, 474; + R. Sec. 24, 501; Sec. 30, 503; + C. Sec. 24, 568; + in other countries, 151, 319, 328, 329, 403-29; + I. 610, 617; + P. 634, 650. + Antwerp literary congress (1885), 314. + Appeal in copr. cases, 36, 269, 272, 404, 434; + Sec. 38, 481; + E. Sec. 12, 525, 552; + C. Sec. 6 (2), 560. + Appleton, Nathan, 355. + Appleton proposal (1872), 350. + Appleton, W. H., 360. + Application, 16, 63, 95, 96, 120, |136-39|, 389; + Sec. 5, 467; + R. Sec. 29, 502; Sec. 30, 503; Sec. 31, 503; Sec. 38, 507; Sec. 39, 507; + C. Sec. 7 (5) 561; Sec. 25, 568; + forms, |139|, 168, 227, 229, |511|; + R. Sec. 31, 503; + for renewal and extension, 115, 116; + Sec. 23, 474; Sec. 24, 475; + R. Sec. 46, 509; + P. 638. + Appraisal of copyrights, 452. + Appraisers, Bd. of Gen., 292. + Apsley, Ld. Chancellor, 80. + Archbold _v._ Sweet (1832), 443. + Architectural drawings, 224, 243, 248-50, 318, 326, 332, 336; + R. Sec. 14, 498; + I. 603, 604; + P. 634, 637, 649. + Architecture, works of, 33, |242|, 248-50, 277, 321, 326, 327, 375, 376, + 404, 415, 416; + E. Sec. 1, Sec. 2, 518; Sec. 9, 524; Sec. 35, 542; + C. Sec. 2, 555; Sec. 4, 558; Sec. 10, 562; + I. 603, 604, 608. + _See also_ Sculpture. + Areopagitica, Milton's, 22. + Argentina, 62, 317, 323, 331, 332, |425|, 636, 643, 652. + Ariosto, 14. + _Armarium_, 8. + Arnell, S. M., 348. + Arnold, Matthew, 457. + Aronson _v._ Fleckenstein (1886), 192. + Arrangement, 42, 43, 45, 64, 73, 81, 163, |169|, 188, |197|, 202, 209, + 319, 326, 392; + Sec. 1 (b), 465; Sec. 1 (e), 466; Sec. 6, 468; + R. Sec. 10, 498; + C. Sec. 2, 555; + Au. Sec. 13, 584; + I. 604, 614, 615; + P. 634, 651. + Arrangement of material, copr. in, 69, 73, 256. + Arthur, President, 358. + Articles. _See_ Periodical contribution. + Artist. _See_ Artistic work, Author. + Artistic copr., |222-50|. + _See also_ Artistic work. + Artistic copr. society, 32. + Artistic craftsmanship, 376; + E. Sec. 2 (1), 519; Sec. 35 (1), 542; + C. 2, 555; Sec. 4, 558. + Artistic work, 37, |222-50|, 375, 387, 388; + Au. Sec.Sec. 34-44, 589-91; + I. 603; + P. 633, 637, 642, 649; + classification and definition, 61, 63, 172, 198, 223, 318, 326, 332, + 336, 393; + Sec. 5 (g), 468; + R. Sec. 12, 498; + E. Sec. 1, 517; Sec. 35, 542; + C. Sec. 2, 555; + Au. Sec. 4, 580; Sec. 34, 589; + I. 603, 616; + P. 633, 637, 649; + duties, 288; + exhibition, 224, 231, |234|, 250, 322, 327; + E. Sec. 1 (3), 518; + C. Sec. 2, 556; + I. 608; + formalities, 127, 140, 150, 225-30, 235, 388; + Sec. 18, 472; + R. Sec. 25, 501; + C. Sec. 3, 557, Sec. 26, 568; + infringement, 238; + Sec. 25 (b), 476; + I. 614; + P. 634, 639, 651; + manufacturing provisions, 156, 160, 228, 246, 391, 392, 393; + Sec. 15, 471; + C. Sec. 3, 557; + Au. Sec. 35, 590; + material property, 222, 228, 234, 398; + in other countries, 151, 247-50, 398-429; + photographs of, I. 606; + publication, 234; + special rights, 42, 46, 223, 264, 376; + Sec. 1 (b), 465; + E. Sec. 1 (2), Sec. 2, 518; + C. Sec. 2, 556; Sec. 4, 558; + I. 613; + P. 639, 651; + term, 230, 245-49, 374-429; + unpublished works, 86, 119, 144, |225|, 226, |230|; + Sec. 11, 470; + R. Sec.Sec. 17-21, 499-500. + _See also_ Alterations, Architecture, Engravings, Photographs, + Reproductions, Sculpture, etc. + Assets, copyrights as, 451. + Assignment of contract, 432, 441, 443, 444, 447; + of copyright, 47, 60, 61, 98, 101, |104|, 110, 113, 123, 135, |189|, + 228, 234, 261, 295, 306, 377, 393, 434; + Sec.Sec. 41-44, 482; Sec. 46, 483; Sec. 61, 487; + R. Sec.Sec. 41-43, 508; + E. Sec. 5, 521; Sec. 19, 532; Sec. 24, 535; + C. Sec. 7, 560; Sec. 30, 569; Sec. 33, 571; + Au. Sec.Sec. 24-26, 587; Sec.Sec. 42-43, 591; + of renewal rights, |104|, |106|, 116; + R. Sec. 48, 509; + record of, 36, 49, 105, 189, 306, 387, 428; + Sec.Sec. 43-45, 482; Sec. 61, 487; + R. Sec.Sec. 41-42, 508; + E. Sec. 5, 521; + C. Sec. 7 (3), 560; + Au. Sec. 66, 599; + reversion of, 123, 378, 410, 425, 429; + E. Sec. 4, 522; + C. Sec. 33, 571. + Assigns, 24, 35, 50, 92, 95, 106, 113, 114, |116|, 123, 318, 321, 410, + 414, 415, 425, 429; + Sec. 8, 469; + R. Sec. 2, 495; Sec. 48, 509; + E. Sec. 5 (3), 522; + C. Sec. 2, 555; Sec. 7 (6), 561; Sec. 33, 571; + Au. Sec. 4, 580; + I. 606; + P. 637, 649. + Assistant Register of Copyrights, 297, 300, 302; + Sec. 48, 483. + Assoc. for reform and codification of law of nations, 355. + _Assoc. litteraire et artistique internationale_, 32, 209, 314, 356. + Astrological charts noncopr., 223; + R. Sec. 11, 498. + Attorney-General, opinions, 104, 116, 143, 159, 212, 229, 284, 285, 287, + 291, 309, 337, 456, 514. + Aulic council, 11. + Australia, 113, 152, 160, 168, 188, 189, 197, 246, 295, 310, 321, 375, + 382, |391-94|; + E. Sec. 35 (1), 543; + code of 1905, 391-94; + text of, 580-602, _i. e._ preliminary, Au. Sec.Sec. 1-8, 580-82; + administration, Au. Sec.Sec. 9-12, 582-84; + literary, musical and dramatic copr, Au. Sec.Sec. 13-33, 584-89; + artistic copr., Au. Sec.Sec. 34-44, 589-91; + infringement, Au. Sec.Sec. 45-61, 591-98; + international and state copr., Au. Sec.Sec. 62-63, 598; + registration, Au. + Sec.Sec. 64-76, 598-601; + miscellaneous, Au. Sec.Sec. 77-79, 601-02. + Austria, 112, 123, 197, 316, 340, |405|, 489. + _See also_ Hungary. + Author, 7, 8, 35, |95-113|, 149, 162, 214, 218, 318, 321, 326, 327, 333; + E. Sec.Sec. 1-5, 517-522; Sec. 6, (3) 523; Sec. 24, 536; + I. 606, 608, 609; + P. 633, 637, 649; + definition, 66; + Sec. 62, 488; + R. Sec. 30, 503; + Au. Sec. 4, 580; + first owner, 95, 113, 247, 393; + E. Sec. 5, 521; + Au. Sec. 18, 586; + Sec. 37, 591; + name, 11, 98, 100, 129, 151, 277, 319, 329, 333, 337, 427; + R. Sec. 30, 503; + E. Sec. 6 (3), 522; + C. Sec. 25, 568; + I. 617; + P. 634, 639, 650; + relations with publisher, 402, 409, |430-52|; + reputation of, 243, 245, 264, 275. + _See also_ Anonymous and pseudonymous, Consent, Contract, Corporate + works, Employer, Foreign author, Joint authors, Owner, Proprietor, + Residence, Rights, etc. + Authors Club, 372. + Authorized copies prohibited importation, 279, 280, 513; + Sec. 31, 478. + + + Badges noncopr., 224; + R. Sec. 16, 499. + Bahamas, 391. + Baker _v._ Taylor (1848), 129. + Baldwin, J. D., bill and rpt. (1868), 348. + Balkan states, 414. + Ballet. _See_ Choregraphic works. + Bamforth _v._ Douglas Post Card Co. (1908), 264. + Bands, musical, 206; + Sec. 25 (e), 477. + Bank deposit books, noncopr. 71; + R. Sec. 5, 496. + Bankruptcy, 47, 409, 433, 443, |451|. + Banks _v._ McDivitt (1875), 251. + Banks Law Book Co. _v._ Lawyers Co-op. Pub. Co. (1909), 259. + Banishment, 422. + Banning, H. B., bill (1874), 353. + Barbaro, 13. + Barchfeld, A. J., bill (1908), 370. + Barfield _v._ Nicholson (1824), |441|. + Barnes _v._ Miner (1903), 175. + Barrie, J. M., 110. + Basel, 11, 12. + Beaconsfield, memoir of, 90. + Beck, J. B., bill (1872), 352. + Beckford _v._ Hood (1798), 27. + Beere _v._ Ellis (1889), 173. + Belgium, 111, 124, 198, 316, 317, 318, 320, 322, 323, 330, 331, 340, + |400|, 489, 636; + mechanical music, 213, 340, 398, 490. + _Belgravia_ case, 75, 84, 85. + _Bell's Life_, 83. + Bell _v._ Locke (1840), 83. + Ben Hur cases, 77, 176, 237, 242. + Benaliis, 14. + Bennett _v._ Boston Traveler Co. (1900), 272. + Bennett _v._ Carr (1899), 236. + Benziger Brothers, importation, 159, 283. + Bequest, copr. subject to, 104; + Sec. 42, 482. + _See also_ Assignment. + Bergne, Sir H., 325. + Berlin conference, 323-25; + convention, 62, 94, 118, 152, 199, 209, 250, 296, 323, |326-30|, + 372, 415, 456; + text of, 603-32. + _See_ also International conventions. + Berlin Photographic Co. _See_ Werckmeister. + Berne conferences, 314, 316, 317, 358, 360; + convention, 31, 185, 209, 248, 296, 312, 313, |318|, 320, 329, 375, + 381, 456; + prophecy of, 345; + text of, 603-32. + _See also_ International conventions, Paris acts. + Besant, Walter, 31, 457. + Bible, 21, 96, 123. + _Bibliographie Universelle_, 83. + Bibliography of copr., 453-62. + Bills in Congress, 344-71. + _See also_ Names of Congressmen. + Binding, affidavit of Amer., 153, 155, |511|; + Sec. 15, 471; Sec. 16, 472; + R. Sec. 27, 502; Sec. 32, 504. + Bindings, importation, 121, 159, 283, |287|, 291. + Birrell, Augustine, 51, 458. + Bisel _v._ Welsh (1904), 257. + Bizet's "Carmen," case, 120, 188. + Black _v._ Allen (1893), 261. + Black _v._ Ehrich (1891), 261. + Black _v._ Murray (1870), 75. + Blackstone, 2, 6, 81. + Blackwood _v._ Brewster (1860), 445. + Blaine, Secretary, 356. + Blank book, 69, 70, 71, 72; + R. Sec. 5, |496|. + Blank forms, 69, 70, 72. + Blasphemous works. _See_ Immoral. + Blatchford, J., 175. + Bleistein _v._ Donaldson (1903), 102, 237. + Blind, works for, 154, 279, 280; + Sec. 15, 471; Sec. 31, 478. + Bloom _v._ Nixon (1903), 190. + Blue-book (1878), 30, 459 (1909), 32, 459. + Board of Trade, regulations, E. Sec. 3, 520; + Sec. 15 (5), 527; Sec. 19 (3), 531. + Bodleian Library. _See_ University deposit. + Bobbs-Merrill _v._ Straus (1908), 55, 56. + Bogue _v._ Houlston (1852), 76. + Bolivia, 331, 332, 336, |427|, 636, 643. + Bolton _v._ Aldin (1895), 241. + Bolton _v._ London Exhibitions (1898), 240, 244, 253. + Bond of Register of Copyrights, 299, 303; + Sec. 50, 484. + Bong _v._ Campbell Art Co. (1909), 110. + Book, 63, 76, 326, 332, 392; + Sec. 5(a), 467; + Au. Sec. 13, 585; + I. 603; + P. 633, 639, 651; + application form, 139, 512; + catalog of copr. entries, 300; + definition, |68-72|; + R. Sec. 4, 496; + E. Sec. 15(7), 527; + Au. Sec. 4, 580; + duties on, 288, 291; + early English restriction, 19, 20; + importation, 279-96; + Sec. 31 (d), 479; + interim protection, 146; + Sec. 9, 469; Sec. 21, 474; + R. Sec. 28, 502; R. Sec. 35, 506; + notice, 127, 130, 131; + Sec. 9, 469; Sec. 18, 472; Sec. 19, 473; + C. Sec. 3 (2), 557; + registration, 132, 306; + Sec. 61, 487; + E. Sec. 15, 527; + C. Sec. 22, 567; Sec. 26, 568. + _See also_ Importation, Literary work, Manufacture, etc. + Book of Common Prayer, 21, 123. + Bookseller. _See_ Publisher. + Book-fairs, German, 11, 13, 15. + Boosey _v._ Jefferys. _See_ Jefferys _v._ Boosey. + Boosey _v._ Whight (1899), 208. + Bosselman _v._ Richardson (1909), 107. + _Boersenblatt_, 403. + Boucicault _v._ Chatterton (1876), 184. + Boucicault _v._ Delafield (1863), 184. + Boucicault _v._ Fox (1862), 97. + Boucicault _v._ Hart (1875), 149. + Bowker, R. R., 214, 370, 455. + Bowker-Solberg volume, 359, 453. + Bracken _v._ Rosenthal, (1907), 243. + Braddon, Miss, 83, 173. + Brady, 191. + Brady _v._ Daly (1899), 191, 272. + Brazil, 124, 152, 198, 201, 248, 331, 335, 336, |425|, 636, 642, 652. + Breckinridge, W. C. P., bill (1888, '89), 361. + Briggs, W., 459. + Bristed, C. Astor, bill (1872), 351. + Britain _v._ Hanks (1902), 247. + British copr., early protection, 6, 19-23, 24; + laws, 24-34, 456; + scope, 61; + subject-matter, 68, 78, 90, 94; + translations, 78; + lectures, 91; + ownership, 106, 108; + assignment, 106, 190; + residence, 108; + term, 25, 121, 124, 188, 374; + formalities, 125, 150, 189, 310, 373-74; + publication, 49, 109, 373, 376, 377; + patent proviso, 161; + dramatic and musical, 171, 174, 178, 181-85, 189, 190, |195|, 550-54; + performance as publication, 181, 184; + mechanical reproduction, 208; + artistic, 246, 548-49; + exhibition as publication, 232; + remedies, 277; + importation, 18, 292; + registration, 189, 310; + international, 31, 32, 108, 111, 184, 311, 316, 317, 318, 320, 323, + 330, 374, 375, 381; + authors' address, 341; + Palmerston invitation, 346; + Clarendon treaty, 349, 354; + Granville negotiations, 355; + literature, 456-60; + new code, 32, 61, 93, 90, 91, 94, 109, 113, 122, 151, 172, 178, 184, + 189, 190, 193, 197, 208, 242, 247, 246, 277, 293, |374-80|; + text of, 517-47; + _i. e._ rights, E. Sec. 1-5, 517-22; + civil remedies, E. Sec. 6-10, 522-24; + summary remedies, E. Sec. 11-13, 524-25; + importation, E. Sec. 14, 525; + delivery to libraries, E. Sec. 15, 527; + special provisions, E. Sec. 16-24, 528-36; + application to British possessions, E. Sec. 25-28, 536-38; + international copr. E. Sec. 29-30, 539-41; + supplemental provisions, E. Sec. 31-37, 541-44; + schedules, E. 545-47; + unrepealed acts, 548-54. + _See also_ Australia, Canada, Newfoundland, New Zealand, South Africa, + India, etc.; British Museum, Crown, Stationers Hall, University; + Designs, Patents; _also _ specific subjects. + British Empire, 24-34, |373-97|. + _See also_ British copr. + British Guiana, 391. + British Honduras, 391. + British Museum, deposit, 122, 150, 310, |312|, 374, 378, 386, 391; + E. Sec. 15, 527; + C. Sec. 27, 568. + British possessions (colonies, dominions), + |380-97|; + term, 119, 188, 246; + formalities, 151; + manufacturing provisions, 160, 168; + dramatic and musical works, 168, 189, 190; + importation, 294; + copyright offices, 310; + international 31, 381. + _See also_ British copr., _also_ individual names. + British Soc. of Authors, 31, 457. + British West Indies, 391. + Broder _v._ Zeno Mauvais (1898), 86. + Brooke _v._ Chitty (1831), 442. + Brooklyn Photogravure Co., 244. + Brown, H. F., 16. + Brussels literary congress (1884), 314. + Bryant, W. C., 347, 348. + Bryce, Lloyd S., bill (1888), 361. + Buckles noncopr., 224; + R. Sec. 16, 499. + Buckley, S., 29. + Buda-Pesth, telephone newspaper, 217. + Buenos Aires conference, 332, 336; + convention, 113, 152, 201, 250, 296, 332, |336|, 337, 419; + text of, 649-652. + _See also_ International conventions, Pan Amer. Union and + names of countries. + Buildings. _See_ Architecture. + Bulgaria, 414. + Bullen _v._ Aflalo (1903), 99. + Bulwer-Lytton's act (1833), 182. + Bureau of Int. Copr. Union, 319, 329, 330; + I. 622; + Pan Amer., 335, 336; + P. 642-647. + Burk _v._ Johnson (1906), 61. + Burke, P: 457. + Burlesque, 190; + Au. Sec. 4, 582. + Burlesqued title, 264. + Burrow-Giles Lith. Co. _v._ Sarony (1884), 67, 129, 240. + Business relations, 430-52. + Buttons noncopr., 224; + R. Sec. 16, |499|. + Butterworth, Benjamin, bill (1890), 362. + + + Cable _v._ Marks (1882), 242. + Calculations, mathematical, 70. + Calendars, 38, 69, 71; + R. Sec. 5, 496. + California copr. legislation, 39, 194. + Caliga _v._ Inter-Ocean Newspaper Co. (1909), 231. + Callaghan _v._ Myers (1888), 130. + Cambridge. _See_ University deposit. + Canada, 119, 151, 160, 168, 188-90, 246, 294, 310, 321, 375, 381, 382, + |383-90|, 460; + E. Sec. 35 (1), 543; + laws, 295, 383-86, 456; + code of 1911, 386-88, text of, 555-79, + _i. e._, interpretation, C. Sec. 2, 555; + conditions of copr., C. Sec. 3, 557; + infringement, C. Sec. 4, 558; + term, C. Sec. 5, 559; + license to republish, C. Sec. 6, 559; + ownership and assignment, C. Sec. 7, 560; + civil remedies, C. Sec.Sec. 8-10, 561-62; + offences and penalties, C. Sec.Sec. 11-12, 562; + summary remedies, C. Sec.Sec. 13-15, 562-65; + importation, C. Sec.Sec. 16-21, 565-67; + registration, C. Sec.Sec. 22-27, 567-69; + special provisions, C. Sec.Sec. 28-32, 569-70; + existing works, C. Sec.Sec. 33-157; + imperial reciprocity, C. Sec. 34, 573; + international, C. Sec.Sec. 35-36, 573-74; + evidence, C. Sec.Sec. 37-38, 574; + fees, C. Sec. 39, 574; + clerical errors, C. Sec. 40, 575; + rules and regulations, C. Sec.Sec. 41-46, 575-76; + schedules, 577-79. + Canada copr. [imperial] act (1875), 30, 382, 384. + _Canada Gazette_, 388, C. Sec. 43, 576. + Canal Zone, 39, 423. _See also_ Panama. + Canned music. _See_ Mechanical reproduction. + Cantatas, 60, 164, 166; + Sec. 28, 478. + Cape Colony, 381, 396. + _See also_ South African Union. + Card copr., 70; + R. Sec. 4, 496. + Carey, H. C., 3, 344, 347, 454. + Carlisle, Senator, 363. + Carlyle, T., 351, 457. + Carmen case (1905), 120, 188. + Carnegie, Andrew, 331. + Cartographical works. _See_ Maps. + Cary _v._ Longman (1801), 76. + Castellazzo, 14. + Casts. _See_ Reproduction, Sculpture. + Catalogue of British Museum, 310; + of U. S. copr. entries, 299-301, 304-06; + Sec. 56, 485; Sec. 57, 485; Sec. 60, 486; + cards, 301. + Catalogues, 69, 71, 73, 234, 237; + R. Sec. 4, Sec. 5, 496. + Cate _v._ Devon (1889), 254. + Celtes, 11. + Censorship, 10, 15, 199. + Central Amer., 421-23. + Certificates, 10, 16, 72, 119, 126, 136, |140|, 168, 230, 303, 307, 309, + 319, 335; + Sec. 10, 469; Sec. 55, 484; Sec. 61, 487; + R. Sec. 3, 495; + C. Sec. 7 (5), 561; + Au. Sec. 69, Sec. 70, 599; + I. 617; + P. 644. + Ceylon, 395. + Chace, Senator, bills (1886-88), 358, 360, 361. + Champney _v._ Haag (1903), 243, 274. + Channel Islands, 381; + E. Sec. 37, 544. + Chappell _v._ Boosey (1882), 183, 184. + Characters in plays, 170, 175, 192. + Charitable purpose. _See_ Performance. + Charles II, 22. + Charles V, 10. + Charles IX., 18. + Charts. _See_ Maps. + Chatterbox cases, |84|, 261. + Chatterton _v._ Cave (1876), 174. + Check books, noncopr., 71; + R. Sec. 5, 496. + Chicago Dollar Directory case (1895), 257. + Chicago Tribune _v._ Ill Pr. & Pub. Co. (1909), 103. + Child _v._ N. Y. Times Co. (1901), 272. + Children. _See_ Heirs. + Chile, 112, 323, 331, 332, 345, |427|, 489, 636, 643, 652. + China, 112, 201, 323, 340, |417|. + Chippewa Indians, 41. + Choregraphic works, 162, 177, 198, 320, 326, 336; + R. Sec. 8, 497; + E. Sec. 35, 542; + C. Sec. 2, 555; + I. 603, 604; + P. 634, 649. + Chrestomathies, 334, 337; + I. 613; + P. 639, 651. + _See also_ Collections. + Christie, W. D., 457. + Chromos. _See_ Lithographs. + Chronology, copyrightable, 69. + Church control, 17; + texts, 12. + Cicero, 8. + Cinematograph. _See_ Moving pictures. + Circulars, 71; + R. Sec. 4, 496; + C. Sec. 14, 564. + Circulars, Copyright Office, 456. + Circus posters, 237, 244. + Circus tricks noncopr., 163; + R. Sec. 8, 497. + Citations. _See_ Law reports. + Citizens, intending, 109. + _See also_ Foreign, Residence. + Citizenship defined, R. Sec. 30, 503. + City Club conferences, 367. + Civil remedies. _See_ Remedies. + Claim of copr. _See_ Application, Notice. + Claimant of copr., 95, |96|, 136, 137, 304; + Sec. 55, 484; + R. Sec. 29, Sec. 30, 503. + Clarendon treaty, 349, 354. + Clark _v._ Bishop (1872), 176. + Clarke _v._ Price (1819), 441. + Classic times, 8. + Classification of copr., 63, 64, |136|, 168; + Sec. 5, 467. + Clay, H., 341; + bills and rpt. (1837-42), 344, 346. + Clayton _v._ Stone (1828), 69. + Cleland _v._ Thayer (1903), 241. + Clemens, S. L., 98, 99, 359, 447. + Clemens _v._ Belford (1883), 98. + Cleveland, President, 358, 360. + Clifford, J., 254. + Clinical Obstetrics, _in re_ (1908), 447. + Cobbett _v._ Woodward (1872), 73. + Code of 1909, 39, 372; + text of, |465-88|. + Codeca, 14. + Codes, telegraphic, 70. + Cohen, B. A., 458. + Coin-operated machines, 204; + Sec. 1 (e), |466|. + Collaboration. _See_ Joint author. + Collections, 69, |81|, 377, 406, 409, 431, 434; + E. Sec. 2, 519. + _See also_ Chrestomathies. + Collective work. _See_ Composite works. + Colles & Hardy, 171, 459. + Collins, P. A., bill (1883), 356. + Colombia, 124, 152, 198, 323, 332, |429|, |643|, 652. + Colonial copr. act, 29, 293, 379, 380, 381, 382. + Combinations, copr. in, 69, 73, 82, 224; + R. Sec. 16, 499; + C. Sec. 2, 555. + Commission, Royal Copr., 30, 122, 183, 459. + Committee of experts, 404. + _See also_ Congressional. + Common law, 2, 4, 5, 6, 7, 9, 23, 24, 26, |34|, 40, 42, 43, |44|, 46, + 59, 61, 62, 86, 90, 91, 92, 95, 119, 178, 182, 186, 187, 192, 225, 261, + 277, 379, 387, 392, 425; + Sec. 2, 467; + E. Sec. 31, 541; + C. Sec. 42, 576, 577; + Au. Sec. 7, 583. + Competition. _See_ Unfair competition. + Compilations, 63, 64, 69, 71, 81, 255, 256, 257, 326, 428; + Sec. 5(a), 467; Sec. 6, 468; + R. Sec. 4, 496; + I. 604. + Component parts, 64, 74, 76; + Sec. 3, 467. + Composer. _See_ Author, Music. + Composite works, 63, 64, 76, 81, |100|, 104, 106, 113-116, 120, 132, + 403; + Sec. 3, 467; Sec. 5(a), 467; Sec. 23, 474; Sec. 24, 475; + R. Sec. 47, 509; + E. Sec. 5, 522; Sec. 24, 534; Sec. 35, 542; + C. Sec. 30, 569; + Au. Sec. 20, 587; + importation, 286. + _See also_ Cyclopaedic works. + Compulsory license. _See_ License. + Condensations, 261, 275. _See also_ Abridgment. + Conferences, copr., 32, 316, 367, 430, 460. + _See also_ Congressional Committees, Inter. copr. + Congo Free State, |419|. + Congress, Constitutional authorization, 7, 35. + Congressional Committees, 117, 119, 242; + foreign relations, 347; + judiciary, 357, 361, 362; + library, 348, 350, 352; + patents, 202, 204, 295, 356, 360, 361, 362, 367, 369, 371; + whole, 347, 350, 371. + Congressional hearings, 202, 204, 214, 296, 352, 359, 369, 448. + Connecticut copr. legislation, 35, 40, 194. + Consent of author or proprietor, 5, 15, 22, 45, 52, 59, 65, 88, 91, 93, + 100, 120, 127, 198, 279, 386, 432; + Sec. 2, 467; Sec. 6, 468; Sec. 11 (2), 525; Sec. 62, 488; + E. Sec. 35 (2), 543, 551; + C. Sec. 2 (2), 557; Sec. 13, 563; + Au. Sec. 29, 588. + Consolidated Gas Co. case (1909), 207. + Constitutional provision, 7, 34, 35, 51, 66, 67, 114, 180, 218. + Constitutionality, music royalty, 52, 207. + Construction. _See_ Architecture, works of. + Contract, 10, 48, 49, 53, 54, 57, 60, 78, 87, 90, 97, 98, 101, 103, 106, + 117, 118, 186, 187, 188, 232, 234, 409, |430-52|; + E. Sec. 5, 521; + standard, 438. + Contracts, forms of, noncopr., 71; + R. Sec. 5, 496. + Contributions. _See_ Periodical contribution. + Control of sale, 54, 60. + Conventions. _See_ Treaties, International, Pan Amer. Union, Berne, + Paris, Berlin, Montevideo, Mexico City, Rio de Janeiro, Buenos Aires. + Cooper, J. F., 347. + Copies. _See_ Authorized copies. + Copinger, W. A., 6, 80, 454, 458. + "Copy," 1. + Copy, right to, 1, 10, 42, 45, |53|, 163, 392; + Sec. 1 (a), 465; + Au. Sec. 13, 584. + Copy of a copy, 243. + Copyright, definition of, 1, 2, |42-62|, 333, 376, 387, 392, 419; + E. Sec. 1 (2), 518, 545; + C. Sec. 2, 556, 577; + Au. Sec. 13, 584; + P. 633, 637, 649. + Copyright deposits, 54, 55, 136, 298, 299, 305, 306, 309; + Sec. 59, 60, 486; + R. Sec. 49, 509; + C. Sec. 27, 568. + _See also_ Deposit. + Copyright Office, 130, 297-310; + Sec. 47-61, 483-87; + in British Empire, 310, 373-97; + C. Sec. 2, 555; Sec. 22, 567; Sec. 27, 568; + Au. Sec. 9-11, 562-83; + in other countries, 310, 398-429; + publications, 40, 72, 195, 300, 304, 366, 367, 372, |455|. + _See also_ Regulations, Seal. + Copyright records, 95, 298, 302, 305, 309; + Sec. 47, 483; Sec. 54, 484; Sec. 58, 486; + R. Sec. 49, 509; + C. Sec. 22, 567; + Au. Sec. 64-76, 599-601. + _See also_ Registers. + Corporate work, 102, 104, 106, 115, 122, 398-429; + Sec. 23, 474; + E. Sec. 19, 529; Sec. 21, 533; + C. Sec. 31, 570. + Corporation, 102, 129, 157, 273; + Sec. 23, 474; + R. Sec. 24, 501; Sec. 33, 505; + E. Sec. 19, 529; Sec. 21, 533; + C. Sec. 31, 570. + Corson, Levi, H. 38. + Cost tables, 70; + R. Sec. 4, 496. + Costa Rica, 112, 152, 316, 317, 332, 334, 336, 340, 420, |421|, 423, + 489, 643, 652. + Costs, legal, 276; + Sec. 40, 482; + E. Sec. 6 (2), 523; + C. Sec. 8, 561; + Au. Sec. 78, 602. + Couhin, Claude, 460. + Country of origin, 152, 313, 318, 319, 327, 328, 329, 333; + I. 606, 607, 609, 610, 612, 618, 619; + P. 638, 643, 644, 650. + _See also_ First publication. + Coupons, noncopr., 70, 71; + R. Sec. 5, 496. + Courier Lith. Co. case, 102. + Court jurisdiction, 36, 260, 269, 270, 271, 319; + Sec. 26, 477; Sec. 34, Sec. 35, 481; + E. Sec. 12, 525, 549, 552, 553; + C. Sec. 14, 563; Sec. 15, 564; + Au. Sec. 59-60, 597; Sec. 79, 602; + I. 609, 618; + P. 635, 640, 652; + consular, 62, 201, 417, 418. + Courtesy of the trade, 8, 10, 364. + Cox _v._ Cox (1853), 443. + Cox, S. S. bill (1871), 350. + Crampton, John F., 347. + Crasso, 14. + Credit-rating books, 53, 70. + Criticism, 259, 264, 334, 376; + E. Sec. 2 (1), 518; + C. Sec. 4, 558; + Au. Sec. 28, 588; + P. 640, 651. + Crookes _v._ Petter (1860), 445. + Crown, copr., 21, 49, 123, 377; + E. Sec. 18, 529. + Cuba, 112, 124, 334, 335, 340, 410, |423|, 642, 652. + Currier, Frank D., bills (1908-9), 367, 369, 370, 371. + Curtis, G. Ticknor, 80, 455. + Curtis, G. W., 348, 454. + Custom of the trade, 236, 259, 364. + Customs, American, 291; + duties, 288; + regulations, 279, 282, |513|; + British, 29, 292; + Consolidation Act (1876), 30, 33, 293; + E. Sec. 14 (6), 526; + duties, 384, 390; + C. Sec. 16, 565; + notification, 293-295, 310, 378, 392, 395, 396; + E. Sec. 14, 525; + C. Sec. 20, 566; + Au. Sec. 61, 598. + _See also_ Importation. + Cuts. _See_ Engravings. + Cyclopaedic works, 63, 71, 81, |99|, 115, 122, 188, 287, 460; + Sec. 5 (a), 467; Sec. 23, 474; + R. Sec. 4, 496; + E. Sec. 15, 527; Sec. 35, 542; + C. Sec. 22, 567; Sec. 30, 569; + Au. Sec. 20, 586. + _See also_ Composite works, Encyclopaedia. + Cylinders. _See_ Mechanical instruments. + Cyprus, 375, |397|; + E. Sec. 28, 538. + + + Daldy, F. R., 356. + Daly _v._ Brady (1899), 191. + Daly _v._ Palmer (1868), 175. + Daly _v._ Walrath (1899), 181. + Daly _v._ Webster (1892), 191, 192. + Dam _v._ Kirke La Shelle Co. (1908, 1910), 101, 171. + Damages, 26, 57, 195, 200, 206, 245, |265|, |272|, 274, 378, 389, 404; + Sec. 25 (b), 476; Sec. 25 (e), 477; + E. Sec. 6, 522; Sec. 8, 523; + C. Sec. 8, 561; + Au. 146, 591. + _See also_ Penalties. + Dances. _See_ Choregraphic works. + Danish West Indies. _See_ Denmark. + Date. _See_ Notice, Publication. + Daude, 461. + Davis, J. Howlett, 220. + Davis _v._ Benjamin (1906), 73. + Day, Justice, 56. + De Jonge _v._ Breuker & Kessler (1910), 237, 242. + Death. _See_ Heirs, Joint authorship, Term. + Deception. _See_ Fraud, Intent. + Decorative borders, 224; + R. Sec. 16, |499|. + Dedication, multiplying copies not, 4. + _See_ also Public domain, Publication. + Definitions in laws, Sec. 62, 488; + E. Sec. 35, 542; + C. Sec. 2, 555; + Au. Sec. 4, 580. + _See also_ specific subjects. + Deliver, right to, 42, 45, |59|, 61, 91, 376, 393; + Sec. 1 (c), 465; + E. Sec. 1, 518; + C. Sec. 2, 556; + Au. Sec. 15, 584. + _See also_ Oral work. + Delivery. _See_ Deposit, Forfeiture, Oral work, Publication. + Denmark, 111, 124, 197, 200, 248, 321, 323, 330, 340, 402, |407|. + Deposit copies, |142|, 166, |226|, 305, 306; + Sec. 11, Sec. 12, 470; Sec. 59, Sec. 60, 486; + R. Sec. 3, 495; Sec. 18, 499; Sec. 22, 500; + failure to, 36, 121, 142, 144, 150, 152, 199, 396, 407, 429; + Sec. 13, 470; + history, 15-18, 22, 24, 27, 28, 36, 37; + in British Empire, 150, 189, 373, 378, 383-97; + E. Sec. 15, 527; Sec. 29, 539; + C. Sec. 26, Sec. 27, 568; + Au. Sec. 75, 601; + in mails, 36, 145; + R. Sec. 39, 507; + in other countries, 151, 399-429; + insufficient, 145; + R. Sec. 18, 500; + interim, 146, 366; + Sec. 21, 474; + R. Sec. 38, 507; + Pan Amer. 333, P. 638, 643; + periodical contribution, 138, 143; + Sec. 12, 470; + precedent to suit, 24, 399, 416; + Au. Sec. 74, 600; + receipts for, 136, 145, 303; + Sec. 14, 471; Sec. 55, 484; + R. Sec. 39, 507; + unpublished works, 86, 143, 144, 166, 225, 226; + Sec. 11, Sec. 12, 470; + R. Sec. 18, 499; Sec. 19, 500. + _See also_ Copyright deposits, Library. + Descriptions as deposit, 70, 114, 162, 236, 238, 388, 390, 391; + R. Sec. 4, 496; Sec. 8, |497|; + C. Sec. 26, 568. + Designs, 27, 29, 33, 36, 42, 46, 63, 70, 76, |93|, 127, 223-26, 229, + 242, 248, 376, 386; + Sec. 1 (b), 465; Sec. 5 (g), 468; Sec. 18, 472; + R. Sec. 14, 498; Sec. 20, 500; + E. Sec. 22, 534; + C. Sec. 32, 570; + I. 603; + P. 637; + acts, 27, 29, 189. + Destruction of infringing copies, 11, 266, 268, 277, 279, 282, 283; + Sec. 25 (d), 476; Sec. 32, 480; + E. Sec. 9, 524; Sec. 11, 525, 550; + C. Sec. 10, 562; Sec. 13, 563; Sec. 14 (3), 564; Sec. 21, 566; + Au. Sec. 52, 593; Sec. 56, 596; + accidental, 432, 438, 444, 449. + Diagrams, 69, 223; + R. Sec. 11, 498; + Au. Sec. 4, 581. + Dialects, translation into other, 42, 58, 407, 409; + Sec. 1 (b), 465. + Dialogue in drama, 171, 173, 175, 176, 191. + Diaries, blank, noncopr., 71; + R. Sec. 5, 496. + Dickens, C., 346, 348. + Dicks _v._ Yates (1881), 83. + Dictionaries, 69; + E. Sec. 35, 542; + C. Sec. 30, 569. + Dielman _v._ White (1900), 234. + Digests. _See_ Law digests. + Directions, noncopr., 71, 208; + R. Sec. 5, 496. + Directories, 63, 69, 71, |81|, 255, 257, 274, 275; + Sec. 5 (a), 467; + R. Sec. 4, 496. + Disks. _See_ Mechanical instruments. + Distribution. _See_ Publication. + Doan _v._ Amer. Book Co. (1901), 263. + Documents, legal, copr., 72; + public, noncopr. 72; + Sec. 7, 468. + _See also_ Government publications. + Dodd _v._ Smith (1891), 263. + Dodge _v._ Allied Arts Co. (1903), 245. + Dolls, noncopr., 72, 223; + R. Sec. 12, 498. + Domicile. _See_ Residence. + Dominican Republic, 62, 124, 332, 334, |424|, 643, 652. + Donaldson _v._ Becket (1774), 7, 25, 41. + Dorsheimer, Wm., bill (1884), 356, 357. + Dramatic work, |162-201|, 375, 387; + E. Sec. 1, 517; + C. Sec. 3, 557; + classification and definition, 63, 162, 175, 318, 326, 332, 393; + Sec. 5 (d), 468; + R. Sec. 8, 497; + E. Sec. 35, 542; + C. Sec. 2, 555; + Au. Sec. 4, 580; + I. 603; + P. 633, 637, 649; + acts, 27, 30, 37, 39, 182, 398; + excepted from manufacturing clause, 70, 155, |167|; + R. Sec. 4, 496; + formalities, 86, 119, 127, 139, 144, 150, 166, 168, 189, 393, 396, + 406; + Sec. 11, 470; Sec. 18, 472; + R. Sec. 18, 499; + C. Sec. 26, 568; + Au. Sec. 13, Sec. 14, 584, Sec. 32, 588; + infringement, 195, 266, 267, 394; + Sec. 25 (b), 476; + E. Sec. 2 (3) 520; + Au. Sec. 46, 591; Sec. 51, 593; + manufacture, 168; + performance, 59, 165, 183, 185, 319, 322, 327, 394; + R. Sec. 23, 500; + E. Sec. 1 (3), 518, Sec. 2 (3), 520; + I. 608; + prior publication, 183, 185; + special rights, 42, 43, 45, 61, 63, 162, 163, 169, 197, 322, 376; + Sec. 1 (b), 465; + E. Sec. 1, 517, 518; + C. Sec. 2, 556; + Au. Sec. 13, 14, 584; + I. 613, 614; + unpublished, 119, 186. + _See also_ License, Mechanical reproduction, Performance. + Dramatico-musical works, 70, 155, 139, |162-201|, 319, 322, 326, 327; + Sec. 5 (d), 468; + R. Sec. 8, Sec. 9, 497; + I. 603, 604, 608, 613; + P. 633, 649; + infringement, 195, 266, 267, 476; + Sec. 25 (b), 476; Sec. 28, 478. + _See also_ Dramatic, Mechanical reproduction, Musical. + Dramatize, right to, 42, 45, 47, 58, 61, 63, 163, |169|, 170-72, 322, + 376, 392, 398-429; + Sec. 1 (b), 465; + E. Sec. 1, 518; + C. Sec. 2, 556; + Au. Sec. 13, 584; + I. 614. + Dramatization, 64, 170, 172, 174, 176, 328, 398-429, 431; + Sec. 1 (b), 465; Sec. 6, 468; + C. Sec. 2, 556; + I. 614. + Drawings, 8, 29, 37, 64, 223, |224|, 229, 242, 246, 247, 248, 250, 326, + 332, 376, 388; + Sec. 5 (i), 468; Sec. 18, 472; + R. Sec. 11, Sec. 12, Sec. 14, 498; + E. Sec. 2, 518, Sec. 35, 542; + C. Sec. 2, 555; Sec. 4, 558; + Au. Sec. 4, 580; + I. 603; + P. 634, 637, 649. + _See also_ Artistic work. + _Droit d'Auteur_, 330, 462. + Drone, Eaton S., 41, 69, 76, 77, 80, 95, 455. + Drummond _v._ Altemus (1894), 264. + Drury _v._ Ewing (1862), 69. + Dublin University. _See_ University deposit. + Duck _v._ Bates (1884), 186. + Duck _v._ Mayen (1892), 190. + Dumb show, E. Sec. 35 (1), 542. + Duration of copr., |114-124|. + _See_ Term. + Duerer, Albert, 11, 12. + Dutch colonies, 401. _See also_ Holland. + Duties. _See_ Customs. + Dutton _v._ Cupples & Leon (1907), 263. + Dwight _v._ Appleton (1840), 133. + + + Easton, J. M., 458. + _Ecrivains_, 10. + Ecuador, 94, 323, 332, |428|, 643, 652. + Eddy, Mrs. Mary Baker G., 452. + Edinburgh University. _See_ University deposit. + Edison, 216, 221. + Edison _v._ Lubin (1903), 242. + _Edition partagee_, 46. + Editions, new, 65, |75|, 83, |134|, 139, 170, 312, 445; + Sec. 6, 468; + E. Sec. 15 (7), 527; + Au. Sec. 27, 587; + publishing, 431, 445, 446. + Editor. _See_ Author, Proprietor. + Edmunds & Bentwich, 459. + Education, works for, 12, 60, 164, 264, 275, 279, 281, 290, 334, 337, + 377; + Sec. 28, Sec. 31, 478; + E. Sec. 2, 518; + I. |613|; + P. |639|, 651. + Eggleston, E., 356. + Egypt, 62, 124, 201, |418|. + Elderkin, J., 352. + Eldon, Ld. Chancellor, 256. + Election reports, 89. + Electrotype, 235. + Eliot _v._ Jones (1910), 85. + Ellis _v._ Hurst (1910), 98. + Ellis _v._ Marshall (1895), 239. + Ellis _v._ Ogden (1894), 239. + Embroideries noncopr., 72, 223; + R. Sec. 12, |498|. + Employer, 78, 80, 95, |97|, 99, 104, 111, 115, 137, |188|, 193, |238|, + 271, 378, 393, 404, 443; + Sec. 23, 474; Sec. 62, 488; + R. Sec. 30, 503; + E. Sec. 5, 521; + C. Sec. 4 (2), 559; Sec. 7, 560; Sec. 13, 562; + Au. Sec. 21, 587; Sec.Sec. 38-40, 591. + _See also_ Author, Proprietor. + Encyclopaedia Britannica, 454. + _See also_ Cyclopaedic works. + Encyclopaedia Britannica Co. _v._ Tribune Assoc. (1904), 261; + other cases, 261. + Engineering work, designs for, 224; + R. Sec. 14, 498. + England. _See_ British. + English, W. E., bill (1885), 358. + Engraver as author, 239; + Au. Sec. 40, 590. + _See_ also Author. + Engravings, 11, 14, 36, 67, 73, 76, 113, 150, 223, 234, 240, 244, 247, + 248, 250, 288, 315, 326, 332, 376; + R. Sec. 13, 498; + E. Sec. 1 (3), Sec. 2, 518; Sec. 5, 521; + C. Sec. 2, 555, Sec. 3 (2), 557; Sec. 4, 558; Sec. 7, 560; Sec. 26, 568; + Au. Sec. 4, 580; + I. 603; + P. 634, 637, 649; + copr. acts, 27, 28, 36, 238, 240, 246. + _See also_ Prints; Photo-engravings. + Enoch _v._ _Societe des phonographes et gramophones_ (1903), 212. + Entertainment. _See_ Dramatic work. + Entry. _See_ Application, Registration. + Epitome. _See_ Abridgment. + Equity, principles of, 44, 86, 100, 178, 253, 258; + Sec. 2, 467. + _See also_ Common law. + Errors in affidavit, 157; + R. Sec. 33, 505; + in copr. notice, 128; + common proof by, _See_ Infringement. + Esperson, Pietro, 461. + Estes _v._ Williams (1884), 83. + Estes _v._ Worthington (1887), 84, 261. + Etchings. _See_ Engravings. + Evarts, W. M., 50, 353. + Everett, E: 347. + Everson _v._ Young (1889), 72, 96. + Evidence, certified, C. Sec. 36, Sec. 37, 574; + _prima facie_, 83, 100, 137, 150, 300, 304, 305, 378; + Sec. 55, 484; Sec. 56, 485; + E. Sec. 6, 523; Sec. 17, 529; + Au. Sec. 69, 599. + _See also_ Certificate, Name. + Exchange of copr. deposits, 298, 305; + Sec. 59, 486. + Exchange Telegraph _v._ Gregory (1895), 89. + Execution, copr. not subject to, 47. + _See also_ Bankruptcy. + Executor of author, 23, 95, 102, 104, 115, 116; + Sec. 8, 469; Sec. 23, 474; Sec. 24, 475; + R. Sec. 2, 495; Sec. 46, 509; + C. Sec. 2, 555. + _See also_ Heirs. + Exhibition, 42, 45, 222, |224|, |231|, 235, 238, 239, 250, 322, 327, + 376, 404; + E. Sec. 1 (3), 518; Sec. 11, 524; + C. Sec. 2, 556; Sec. 4, 559; Sec. 11, 524; + I. 608, 618; + P. 640, 652. + _See also_ Artistic work. + Existing copr., 116, 319, 320, 329, 377; + Sec. 24, 475; + E. Sec. 3, 520; Sec. 19 (7), 532, (8), 533; Sec. 29, 539, 545; + C. Sec. 33, 571, 577; + I. 619, 620. + _See also_ Extension, Rights, Schedules. + Expositions, exhibits at, 29, 38. + Extension of copr., |116|, |117|, 140, 141; + Sec. 23, 475; Sec. 24, 475; Sec. 61, 487; + R. Sec. 46-48, 509. + _See also_ Renewal, Term. + Extracts, use of, 198, 211, 264, 319, 328, 334, 337, 377, 404, 438; + E. Sec. 2, 519; + I. 613; + P. 639, 651. + _See also_ Quotation. + Extraterritorial notice, 133. + Eyre _v._ Walker (1735), 24. + + + Fabrics, woven, noncopr., 72, 223; + R. Sec. 12, 498. + Failure to deposit, translate, etc. _See_ Deposit, Translate, etc. + "Fair use," 91, 173, 174, 190, 251-64; + Au. Sec. 28, 587; + P. 640, 651. + _See also_ Infringement, Quotation. + Falk _v._ Brett (1891), 241. + Falk _v._ Curtis Pub. Co. (1900), 273. + Falk _v._ Donaldson Lith. Co. (1893), 244. + Falk _v._ Gast (1891, '93), 235, 236, 241. + Falk _v._ Heffron (1893), 271. + False affidavit, entry, notice. _See_ Affidavit, etc. + Farce. _See_ Dramatic work. + Farrer license plan, 51, |449|. + Fees, |141|, 147, 207, 241, 299, 302, 306, 309, 389, 391, 403; + Sec. 49, 483; Sec. 61, 487; + R. Sec. 3, 496; Sec. 38, Sec. 40, 507; Sec. 42, Sec. 43, 508; Sec. 48, 509; Sec. 49, 510; + C. Sec. 7, 561; Sec. 22, 567; Sec. 39, 574; + Au. Sec. 63, 598; Sec. 70, 599; Sec. 71, 600; + P. 645. + Felice, Fra, of Prato, 17. + Fell, Bishop, 19. + Fiji Islands, 395. + Fillmore, President, 347. + Film. _See_ Moving pictures. + Fine arts copr. act, 29, 33, 240, 246, 378, |548|. + Fines. _See_ Penalties. + Finland, 200, |409|. + Finnian _v._ Columba (567), 9. + First publication, 16, 108, |109|, 120, 127, 150, 151, 182, 184, 185, + 199, 200, 321, 327, |373|, 375, 388, 393, 416, 418; + R. Sec. 2, 495; + E. Sec. 1, 517; Sec. 3, 520; Sec. 17, 529; Sec. 23, 534; Sec. 26 (3), 537; + Sec. 27, 538; Sec. 29, 539; Sec. 35 (3), 543; + C. Sec. 5, 559; + Au. Sec. 5, 581; Sec.Sec. 13-15, 584; + I. 609, 610; + P. 638, 650. + _See also_ Simultaneous publication. + Fishburn _v._ Hollingshead (1891), 313. + Fishel _v._ Lueckel (1892), 244. + Fisher Act (1900), 295, |385|. + Florence, 17. + "Fly by night" dramatic companies, 194, 269. + Folders, 71; + R. Sec. 4, 492. + Folsom _v._ Marsh (1841), 92, 252. + Foreign assignment, 105; + Sec. 43, 482; + R. Sec. 41, 508. + Foreign author, 19, 37, 79, |107-12|, 138, 139, 373, 375, 387, 388, 389, + 390, 404; + Sec. 8, 469; + R. Sec. 2, 495; Sec. 29, 502; Sec. 30, 503; Sec. 35, 506; + E. Sec. 29, 539; + C. Sec. 35, 573; + Au. Sec. 62, Sec. 63, 598; + I. 609, 620; + P. 638, 650. + _See also_ Residence. + Foreign countries copr., |398-429|; + scope, 62; + subject-matter, 94; + ownership, 113; + term, 124; + formalities, 151, 313; + manufacturing provisions, 160; + dramatic and musical works, 178, 197, 199; + mechanical reproduction, 210-14; + artistic work, 248; + importation, 295; + copr. office, 310; + international conventions, 111, |311-40|, 489. + _See also_ International, Pan Amer., names of countries and + conspectus preceding contents. + Foreign laws, list of, 366, 456; + reprints act, 27, 29, 294; + subjects (artistic), 154, |156|, 228; + Sec. 15, 471; + R. Sec. 27, 502. + Foreign texts, exc. from manuf. clause, |156|, 284; + Sec. 15, 471. + Foreign works (in U. S.), 29, 30, |79|, 133, 138, 139, |146-50|, 153, + 154, |156|, 202, 228, 278-96; + Sec. 1 (e), 465; Sec. 15, 471; Sec. 31 (c), 479, 513-16; + R. Sec. 28, 502; Sec. 38, 507. + _See also_ Interim, Residence. + Forfeiture of copr., 15, 121, 131, 132, 144, 150, 152, 158, 196, 235, 245; + Sec. 13, 470; Sec. 17, 472; Sec. 32, 480. + _See also_ Seizure. + Formalities, 35, 39, |125-52|, 166-68, 178, 189, 236, 313, 511, 512; + Sec.Sec. 9-22, 469-474; + R. Sec.Sec. 17-48, 499-509; + British, 29, |150|, 373-397; + E. Sec. 15, 527; Sec. 29 (1), 539; + C. Sec. 3, 557; Sec.Sec. 22-27, 567-569; Sec. 35, 573; + Au. Sec.Sec. 64-76, 599-601; + in other countries, 16, 18, 21, 146, |150-52|, |199|, |398-429|; + I. 606, 611, 613, 617; + P. 649. + _See specifically_ Affidavit, Application, Assignment, Certificate, + Deposit, Fees, Notice, Publication, Registration, etc.; _also_ + Artistic work, Book, Dramatic work, Musical works, etc. + Forms, C. Sec. 41, 575. + _See also_ Application. + Forms copr., 69, 70; + R. Sec. 4, 496; + noncopr. 71, 72; + R. Sec. 5, 496. + Formulae, noncopr., 71; + R. Sec. 5, 496. + Fragments not depositable, 143. + _See also_ Extracts, Parts, Quotation. + France, 62, 111, 118, 124, 151, 248, 295, 310, 316-23, 330, 331, 340, + |398|, 460, 489; + history, 10, 17, 114, 311, 312, 398; + mechanical reproduction, 212. + Francis I, 18. + Frankfort, 11, 12, 13. + Franking labels, 145; + R. Sec. 39, 507. + _Franklin Square Library_, 262. + Fraser _v._ Edwardes (1905), 176. + Fraser _v._ Yack (1902), 110. + Fraud, 11, 84, 85, 87, 100, 135, |260|, 422. + _See also_ Affidavit, Imitation, Intent, Notice, etc. + Fraudulent works. _See_ Seizure. + Frederick III, 11. + Free transmission. _See_ Mails. + Freeman _v._ Trade Register (1909), 131. + Frelinghuysen, F. T., 357. + French colonies. _See_ France. + French _v._ Day, Gregory, _et al._ (1893), 193. + French _v._ Kreling (1894), 181. + Frohman _v._ Ferris (1909), 181. + Frohman _v._ Weber (1903), 192. + Froude, Jas. A., 351. + Frye, Senator, 363. + Fuller _v._ Bemis (1892), 177. + Fuller _v._ Blackpool Winter Gardens Co. (1895), 176. + Fust, 10. + + + Gabriel _v._ McCabe (1896), 82, 256. + Gaius, decision of, 8. + Gale _v._ Leckie (1817), 441. + Gambia, 397. + Games, noncopr., 71, 72, 223, 224; + R. Sec. 5, 496; Sec. 12, 498; Sec. 16, |499|. + Gannet _v._ Rupert (1904), 84, 274. + Garfield, President, 255, 356. + Garments, noncopr., 72, 223; + R. Sec. 12, 498. + Garofalo y Morales, D. F. G., 462. + Gazetteers, 63, 69, 71, 81; + Sec. 5 (a), 467; + R. Sec. 4, 496. + Geographical work. _See_ Maps. + Georgia copr. legislation, 35. + Georgian period, 27. + Germany, 112, 124, 151, 161, 198, 199, 295, 296, 316-20, 322, 323, 330, + 340, 368, |402|, 460, 489; + history, 10, 311, 312, 402; + mechanical reproduction, 210, 340, 490; + publishing law, 430. + Gibraltar, 397. + Gibson _v._ Carruthers (1841), |452|. + Gilbert _v._ _Star_ (1894), 186. + Gilbert _v._ Workman (1910), 100. + Gilder, R. W., 356. + Gilmore _v._ Anderson (1889), 255. + Giustiniani, 14. + Glaser _v._ St. Elmo Co. (1909), 192. + Glassware noncorp., 72, 223; + R. Sec. 12, |498|. + Globe Newspaper Co. _v._ Walker (1908), 272. + Globes, 333; + P. 637, |649|. + Godson, R: 457. + Gold Coast, 397. + Gottsberger _v._ Estes (1888), 136. + Gounod's "Redemption" case, 187. + Government publications, 12, 37, |65|, 98, 123, 377, 398, 403, 407, 410, + 412, 420; + Sec. 7, 468; + E. Sec. 18, 529. + Governmental libraries, transfer to, 306; + Sec. 59, 486. + _See also_ Library. + Gramophone. _See_ Mechanical instruments. + Grant, 2, 10, 11, 13, 27, 38, 46, 48, 49, 189, 190, 204, 236, 377, 437; + Sec. 42, 482; + E. Sec. 5, 521; Sec. 24, 535; + C. Sec. 7, 560. + _See also_ Assignment, License. + Granville, Lord, 351, 355. + Gratuitous circulation 53, |404|. + _See also_ Performance. + Graves _v._ Gorrie (1903), 246. + Great Britain. _See_ British. + Greece, 124, 152, 323, |414|. + Green _v._ _Irish Independent_ (1899), 236, 253. + Green _v._ Luby (1909), 136. + Griffith _v._ Tower (1896), 451. + Guatemala, 112, 124, 323, 332, 334, 336, 340, |421|, 643, 652. + Guernsey. _See_ Channel Islands. + Guggenheim _v._ Leng (1896), 236. + Guide books copr., 69. + Guilds, 9, 15, 21. + Gyles _v._ Wilcox (1740). _See_ Hale case, 80. + + + Haiti, 124, 316, 317, 318, 320, 322, 330, 332, |424|, 643, 652. + Hale's "Pleas of the crown" case, 80. + Hale, E. Everett, 41, 118. + Half tones, 224; + R. Sec. 15, 498. + Hamlin, Arthur S., 455. + Hanfstaengl _v._ Amer. Tobacco Co. (1894), 313. + Hanfstaengl _v._ Baines (1894), 242. + Hanfstaengl _v._ Holloway (1893), 313. + Hansard's Parliamentary debates, 456. + Hardwicke, Ld., 80. + Harmony. _See_ Musical work. + Harper _v._ Donohue (1905), 47, 133. + Harper _v._ Franklin Sq. Lib. Co. (1887), 262. + Harper _v._ Ganthony (1895), 82, 171. + Harper _v._ Kalem Co. (1908, '09, '11), 77, 176, 237, 242. + Harper _v._ Ranous (1895), 170. + Harper _v._ Shoppell (1886), 235. + Harper proposals, 349, 352, 353, 355, 357. + Harrison, President, 361, 364. + Hartford Printing Co. _v._ Hartford Dir. Co. (1906), 275. + Havana. _See_ Bureaus, Pan Amer. + Hawaii, 38, 39, 108, 270; + Sec. 34, 481. + Hawkers, protection against, E. 550, 551. + Hawkesworth's "Voyages" case, 81. + Hawley, Senator, bill (1885), 358, 361. + Hazard, Egbert, 348. + Hearings. _See_ Congressional hearings. + Hegeman _v._ Springer (1901), 274. + Hein _v._ Harris (1910), 170. + Heinemann _v._ Smart Set Pub. Co. (1909), 437. + Heirs, 11, 14, 27, 36, 46, 49, 102, 104, 113, 114, 115, 116, 123, 124, + 378, 402, 410, 422, 429, 433, 452; + Sec. 23, 474; Sec. 24, 475; + R. Sec. 46, 509; + E. Sec. 5 (2), 521; + C. Sec. 2, 555; Sec. 25, 568; + Au. Sec. 4, 580. + _See also_ Administrator, Executor, Renewal, Term. + Helmuth, W. Tod, private copr. grant, 38. + Henderson _v._ Tompkins (1894), 177. + Henry II, III, 18. + Henry VIII, 19, 20, 21. + Herndon, private copr. grant, 38. + Herne _v._ Liebler (1902), 187. + Hervieu _v._ Ogilvie (1909), 155, 168. + Hills _v._ Hoover (1905), 128. + Hire, work for. _See_ Employer. + History of copr., 1-41, 311-429, 453-62; + America, 35-41, 341-72; + British, 19-34, 373-97; + early, 8-23; + in other countries, 398-429; + international, 321-429; + literature, 453-62. + Hoar, Senator, 361. + Hogarth, 27. + Hole _v._ Bradbury (1879), 445. + Holland, 17, 112, 124, 152, 160, 200, 316, 317, 323, |401|. + Holloway _v._ Bradley (1886), 100. + Holmes _v._ Hurst (1899), 67. + Homer, 8. + Honduras, 62, 112, 124, 317, 332, 334, 340, |421|, 643, 652. + Hong Kong, 395. + Horace, 8. + Hotten, J. Camden, 457. + Hotten _v._ Arthur (1863), 73. + Howard, Bronson, 194. + Howitt _v._ Hall (1862), |445|. + Hoyt _v._ Bates (1897), 268. + Hroswitha, 11. + Huard & Mack, 460. + Huard, Gustave, 460. + Hubbard, Gardiner G., 361. + Hungary, 124, 198, 200, |405|. + Hunter _v._ Clifford (1909), 247. + + + Ideas, copying of, 176, 187, 240, 257. + Ignorance. _See_ Infringement, Innocent. + Illustrations, 64, 73, |77|, 127, 131, |138|, 140, 153, 154, |156|, 223, + 224, 225, 228, 230, 235, 236, 237, 248, 250, 402, 403, 439; + Sec. 5 (k), 468; Sec. 15, 471; Sec. 18, 472; + R. Sec. 16, 499; Sec. 25, 501; Sec. 27, 502; + Au. Sec. 4, 580; + I. 603. + _See also_ Artistic, Engravings, etc. + Imitation, 11, 12, 30, 84, 190, 254, 260, 263, 264, 286, 376; + E. Sec. 2, 519; + Sec. 35 (1), 543. + _See also_ Adaptations, Infringement. + Immoral and seditious works, 86; + Au. Sec. 6, 582; + P. 635. + Imperial Copr. Conference, 32, 460; + jurisdiction, 12. + _See also_ British. + Impersonal works. _See_ Corporate work, Government publications, etc. + Importation, |278-96|; + foreign practice, 295; + foreign rebinding, 159, 287, 514; + forfeiture 279, 282, 283; + Sec. 32, 480; + Au. Sec. 61, 597; + I. 618; + in British Empire, 24, 27, 31, 292-95, 310, 378, 383-87, 389, 392, + 395; + E. Sec. 2 (2), 520; Sec. 14, 525; Sec. 25 (2), 536; Sec. 35, 543; + C. Sec. 2, 556; Sec. 4, 559; Sec. 13, 562; Sec. 16-21, 565-67; Sec. 35, 573; + Au. Sec. 50, 592; Sec. 61, 597; + innocent, 286; + library, 279, 281, 290, 293, 387; + Sec. 31 (d), 479; + C. Sec. 17, 565; + manufacturing provisions, 156, |159|, 283, 284; + on annulment of copr., 121; + periodicals, 88, 286; + permitted exceptions, 156, 186, 229, 279, 281, 289, 290, 291; + Sec. 31, 478; + post cards, 229; + prohibition of, 12, 13, 18, 19, 21, 31, 134, 135, |278-96|, 389, + |513|; + Sec. 30, 31, 478; Sec. 33, 480; + E. Sec. 14, 525; + C. Sec. 21, 566; + Au. Sec. 50, 592; Sec. 61, 597; + I. 616; + regulations, 279, 282, |513|; + Sec. 33, 480; + re-importation, 229; + retroactive effect, 283; + return of copies, 279, 282, 514, 515; + Sec. 32, 480; + tariff, 288, 291; + translations, 80, 288; + C. Sec. 35, 573. + Imprint date, 129; + "Venetia" protected, 16. + Imprisonment. _See_ Punishment. + Incidents, combination of, 170, 178, 186, 191; + E. Sec. 35 (1), 542. + _Incunabula_, 10. + Indecent matter. _See_ Immoral works. + _Index expurgatorius_, 17, 160. + Index of registrations, 300, 304; + Sec. 56, 485; + C. Sec. 22, 567. + India, 248, 321, 382, |395|. + Indians, American, 41. + Indo-China. _See_ France. + Industrial art, works, 93, 223, 326, 386; + R. Sec. 12, 498; + C. Sec. 32, 570; + I. 605. + _See also_ Designs, Trade-mark. + Infringement, 5, 16, 18, 21, 22, 23, |251-64|, 376, 380, 404; + E. Sec. 2, 518; Sec. 35, 543, 547, 551, 553; + C. Sec. 2, 556; Sec. 4, Sec. 5, 558; Sec. 30, 569; + Au. Sec. 4, 581; Sec. 28, 587; Sec. 45-61, 591-98; + I. 614; + P. 634, 635, 639, 651; + piratical work, newspaper or periodical, C. Sec. 14 (6), 564; + artistic, 245, 266, 267, 378; + Sec. 25, (b), 476; + E. Sec. 9, 523; + Au. Sec. 45, 591; + dramatic, 172-74, 190-92, 195, 241, 266, 267; + Sec. 25 (b), 476; + E. Sec. 2, 520; + C. Sec. 4, 559; + Au. Sec. 32, 588; Sec. 45, 591; Sec. 51, 593; + indirect, 243, 254; + innocent, 130, 378; + Sec. 20, 473; + E. Sec. 2 (2), (3), 520; Sec. 8, 523; + C. Sec. 4 (3), 559; Sec. 13, 562; + Au. Sec. 50, 592; Sec. 51, 593; + musical, 192, 195, 206, 266, 267, 268; + Sec. 25 (b), 476, (e), 477; + E. Sec. 19 (2), 530, 551-54; + Au. Sec. 45, 591; Sec. 51, 593; + oral work, 266, 267; + Sec. 25 (b), 476; + E. Sec. 20, 533; + Au. Sec. 45, 591; + party liable, 193, 240, 253, 394; + E. Sec. 2 (3), 520; Sec. 6 (3), 522; + C. Sec. 4, 559; + Au. Sec. 51, 593; + previous to formalities, 143, 275; + Sec. 12, 470; + R. Sec. 3, 495; + Au. Sec. 74, 600; + proof by common errors, 257; + remedies and procedure, 195, 206, 245, |265-77|, 404; + Sec.Sec. 25-28, 475-78; + E. Sec.Sec. 6-10, 522-24; Sec.Sec. 11-13, 524-25, 548; + C. Sec.Sec. 8-15, 561-65; + Au. Sec.Sec. 45-61, 591-98; + I. 618; + separation of inf. parts, 256. + _See also_ Destruction, Importation, Intent, Knowledge, Remedies, + Seizure, Suits; _also_ Chronological table of cases. + Inglis, Ld. President, 75. + Inherent right, 4, 5. _See also_ Common Law. + Injunction, 11, 46, 130, 194, 195, 196, 206, 245, |266-68|, 271; + Sec. 20, 473; Sec. 25, (a), (e), 475, 477; Sec. 27, 477; Sec. 36, Sec. 37, 481; + E. Sec. 6, 512; Sec. 9, 524; + C. Sec. 8, 561. + Inkus, 11. + Innocence. _See_ Infringement, Knowledge. + Inspection of records, 305; + Sec. 58, 486. + Instruments noncopr., 72, 223; + R. Sec. 12, 498. + _See also_ Mechanical instruments. + Insurance policy, copr., 72. + Intent, in infringement, 60, 85, 135, 195, |252|, 260, 275, 276; + Sec. 28, Sec. 29, 478. + _See also_ Fraud, Infringement, Knowledge. + Interest tables copr., 70; + R. Sec. 4, 496. + Interim copr., 38, 126, |135|, 138, 139, |146|, 154, 155, 366; + Sec. 9, 469; Sec. 15, 471; Sec. 21, 22, 474; + R. Sec. 26, 501; Sec. 28, 502; Sec. 35, 506; Sec. 38, 507. + _See also_ Temporary copr. + International conventions, |311-40|; + Berne (1886), 318; + Paris (1896), 321; + Berlin (1908), 326; + Montevideo, 331; + Mexico City, 332; + Rio de Janeiro, 334; + Buenos Aires, 336; + texts, 603-52; + scope, 62; + subject-matter, 94; + term, 118, 124, 188; + formalities, 152; + dramatic and musical works, 197, 198, 201; + mechanical reproduction, 209, 221; + artistic work, 248; + infringement, 255; + importation, 296; + reservations, 185, 323, 330, 375, 381, 399, 408, 415, 416. + _See also_ names of cities. + International copr., 17, 107, |341-72|; + Sec. 8, 469; + R. Sec. 2, 495; + E. Sec. 23, 534; Sec. 29, 539; Sec. 30, 540; + C. Sec. 35, 573; + Au. Sec. 62, Sec. 63, 598; + acts, 28, 29, 30, 31, 37, 109, 184, 246, 292, 311, 312, 313, + |341-64|, 373, 379, 381, 383, 386, 388; + literature, 330, 454, 456, 461; + proclamations, 111, 202, 213, 214, 212, 339, 489; + prophecy, 344; + trade-mark, 84; + translations, 79. + _See also_ Interim, International conventions, names of cities, + names of countries. + International Copr. Assoc, 348, 351. + _See also_ Amer. copr. leagues. + International Copr. Union. _See_ Internat. conventions. + International lit. assocs., 356. + International lit. and art. assoc _See_ Assoc. + International literary congresses. _See_ Assoc., also names of cities. + Interpretation. _See_ Definition. + Interstate Commerce Commission, 207. + Inventors. _See_ Author. + Ireland, E. Sec. 12, 525, 549, 552; + prints and engravings act, 28. + _See also_ British. + Irving, Washington, 83, 347. + Isaacs _v._ Daly (1874), 82, 84. + Isle of Man, 294, 378, 380; + E. Sec. 14 (6), 526. + Italy, 13, 111, 124, 152, 199, 213, 310, 316-18, 320, 322, 323, 330, + 331, 340, 377, |412|, 450, 461, 489, 636. + Ivison, H. 348. + + + Jamaica, |391|. + Japan, 112, 124, 321, 323, 330, 340, |415|, 417, 456. + Jay, J., 347, 355. + Jefferys _v._ Boosey (1854), 1, 4, 108, 373. + Jekyll, Sir Joseph, 24. + Jersey. _See_ Channel Islands. + Jewellers' Merc. Ag. _v._ Jewellers' W'kly Pub. Co. (1898), 53. + Johnson, R. U., 360. + Joint authors, |101|, 113, 120, 122, 188, 189, 377, 387, 403; + E. Sec. 16, 528 Sec. 17, 529; + C. Sec. 29, 569; + Au. Sec. 17, 585; Sec. 19, 586. + Jones, Judson, 38. + Jones _v._ Amer. Law Book Co. (1905, '08), 100. + Jude's "Liedertafel" case (1907), 447. + Judicial Committee, 123; + E. Sec. 4, 521. + Judiciary committee. _See_ Congressional Committees. + Jurisdiction. _See_ Court. + Justinian, Code of, 8. + + + Kant, Immanuel, 461. + Karno _v._ Pathe Freres (1908-9), 177. + Keeler _v._ Standard Folding Bed Co. (1895), 54. + Kelley, W. D., 350, 352. + Kelly _v._ Byles (1879), 83. + Kennedy, J. Louis, 361. + Kent, Chancellor, 5. + Kessler, 10. + "Key of Heaven" importation, 159. + Kindersley, Vice-Chancellor (1852), 75. + Kipling _v._ Putnam (1903), 263. + Kittredge, Senator, bills (1906-8), 367, 369, 370. + Knowledge, 60, 195, 196, 236, |252|, 275, 277, 286, 379, 389, 441; + Sec. 28, 478; + E. Sec. 2 (2), (3), 520; Sec. 8, 523; Sec. 11, 524. + _See also_ Intent. + Knox & Hind, 459. + Koberger, 10. + Kohler, Josef, 461. + Korea, 112, |416|. + + + Labels, 37, 64, 69, 223, 233, 237, 309. + Labor copr. rpt., 456. + Laces noncopr., 72, 223; + R. Sec. 12, 498. + Laches. _See also_ Forfeiture, Notice, omission. + Lacombe, J., 177. + Ladd _v._ Oxnard (1896), 53. + Lamb, C., letters, 92. + Lamb _v._ Evans (1892), 74. + Landa _v._ Greenberg (1908), 99. + Landscapes not map., 223; + R. Sec. 11, 498. + _See also_ Artistic work. + Languages. _See_ Translate, Translations. + Larby _v._ Love (1910), 57. + Larceny. _See_ Infringement. + Lathrop, G. P., 356. + Latin Amer., |419|. + _See also_ Pan Amer. Union and names of countries. + Law reports and digests, 40, 98, |257|, 441, 460. + _See also_ Chronological table of cases. + Lawfully obtained copies, 60; + Sec. 41, 482. + Lawrence _v._ Dana (1869), 81, 134, 254. + Lawrence & Bullen _v._ Aflalo (1903) 99. + Laws. _See_ Copr. Office publications, _also_ British, U. S. and names + of other countries. + Lea, H. C, 358. + Leaflets copr., 70; + R. Sec. 4, 496. + Lease, right to, 46, 48, 49, 53. + Leases, 71; + R. Sec. 5, 496. + Lecture. _See_ Oral work. + Lectures copr. act (1835), 28. + Lee _v._ Gibbings (1892), 274. + Leech, J., illustrations by, 8, 98. + Legal documents, 72. + Legal representatives. _See_ Administrators, Executor, Heirs, etc. + Leipzig book-fair, 11, 13; + tribunals, 211. + Lend, right to, 46, 48, 49. + Lennie _v._ Pillans (1843), 81. + Leo X, 17. + Letter-file indexes, noncopr., 70. + Letters, 4, |91|, 94, 421. + Letters of the King, 18. + Letters, ornamental, noncopr., 224; + R. Sec. 16, 499. + Letters patent, 10. + Liability. _See_ Infringement, Proprietor. + Libel, 100, 275, 437. + _See also_ Reputation. + Libelous. _See_ Immoral works. + Liberia, 62, 124, 318, 320, 323, 330, |419|. + _Libraires_, 10; + _jurees_, 10, 15, 17. + Librarian of Congress, 37, 72, 96, 296, 297, 299, 302, 303, 305, 306, + 367; + Sec. 48, Sec. 49, 483; Sec. 51, 484; Sec. 59, Sec. 60, 486. + _Librarium_, 8. + Library compensation, E. Sec. 34, 541; + deposits, 16, 18, 306; + Sec. 59, 486; + C. Sec. 27, 568; + importation, 279, 281, 288, |290|, 293, 386, 387; + Sec. 31 (d), 479; + C. Sec. 17, 565; + loans, 60, 164; + Sec. 28, 478. + _See also_ Importation, Universities. + Library of Congress, 36, 144, 289, 298, 305, 367, 369; + Sec. 13, 470; Sec. 59, 486; + of Parliament, C. Sec. 27, 568. + Library Committee. _See_ Congressional Committees. + Librettos, 71, 121, 180, 181, 188, 393; + R. Sec. 4, 496; + Au. Sec. 4, 581. + License, right to, 46, 48, 61, 113, 123, 190, 236; + E. Sec. 5, 521; + Au. Sec. 25, 587; Sec. 43, 591. + License, 51, 61, 211, 377, 387, 422, 425, 450, 451; + E. Sec. 4, 451; Sec. 16, 528, Sec. 29, 540; + C. Sec. 6, 559; Sec. 7, 561; Sec. 17, 565; Sec. 19, 566; + early printers', 11, 21; + limitation of, 82, 190, 236, 253, 256; + mechanical reproduction, 52, 202, 206, 207, 208, 268, 377, 450; + Sec. 1 (e), 465; Sec. 25 (e), 477; + R. Sec. 44, 45, 508; + E. Sec. 19, 529; + sub-license, 187; + registration, C. Sec. 7 (3), 560; + Au. Sec. 66, 599. + _See also_ Assignment, Royalty. + Licensing acts, 21, 22, 385. + Lieber, Dr. Francis, 346, 454. + "Liedertafel series" _in re_ (1907), 447. + Lien, printer's, 449. + _Life_, case, 84. + Limitation, 6, 14, 21, 44, 46, 48, 49, 53, 199, 235, 236, 393; + E. Sec. 3, 520; Sec. 4, 521; Sec. 19 (7), 532, (8) 533; + C. Sec. 33, 571; + I. 615; + actions, 122, 270, 272, 273, 378, 404; + Sec. 39. 481; + E. Sec. 10, 524; + C. Sec. 10, Sec. 12, 562; + Au. Sec. 48, 592; Sec. 59, 597; + assignment, 61, 82, 113, 377, 378; + E. Sec. 5, 521; Sec. 24, 534; + C. Sec. 7, 560; Sec. 33, 571; + sale, 47, |54|, 60. + _See also_ "Fair use," License, Price, Term. + Lindemann, Otto, 460. + Lisbon literary congress (1880), 314. + Lists copr., 69, 70. + Literary and general copr., 35-161; + property, early, 8, 15, 18. + Literary work, definitions, 70, 94, 198, 318, 326, 375, 387, 388; + R. Sec. 4, 496; + E. Sec. 35, 542; + C. Sec. 2, 555; + I. 603; + P. 633, 637, 642, 649. + _See also_ Book and specific references under Application,, + Affidavit Certificate, etc. + Literature of copr., |453-462|. + Lithographs, 138, 139, 144, 153, 156, |228|, 244, 247, 248, 250, 326; + Sec. 15, 471; Sec. 16, 472; + R. Sec. 27, 502; + E. Sec. 35, 542; + C. Sec. 2, 555; + Au. Sec. 4, 580; + I. 603; + P. 634. + Little _v._ Gould (1852), 98. + Littleton _v._ Ditson (1894), 167. + Living pictures. _See_ _Tableaux_; _also_ Moving pictures. + Logarithmic tables copr., 70; + R. Sec. 4, 496. + London _Gazette_; + E. Sec. 24, 535; Sec. 25, 536; Sec. 32, 541; + international exhibition, 29; + _Journal_, 83; + literary congress (1879, 1890), 209, 314. + Long Parliament, 21. + Lords, House of, decision, 25, 26. + Lorimer _v._ Boston Herald (1903), 264. + Louis XII, XIV, 18. + Louisiana copr. legislation, 39, 194; + Purchase Exposition, 38. + Low _v._ Routledge (1864), 128. + Lowe, Joseph, 454. + Lowell, J. R., 355, 359, 454. + Lowndes, J. James, 18, 19, 456. + Lucas _v._ Moncrieff (1905), 443. + Lucas _v._ Williams (1892), 243, 274. + Luckombe, 251. + Luther, 12. + Luxemburg, 112, 198, 200, 214, 248, 321-23, 330, 340, |400|, 490. + Lyrical work, 393; + Au. Sec. 4, 581. + _See also_ Dramatico-musical work. + + + Macaulay, 28, 456. + McCall, S. W., bill (1908), 156, 370. + McDonald _v._ Hearst (1899), 271. + Macdonald _v._ National Review (1893), |442|. + MacGillivray, E. L., 181, 252, 458. + Mackaye's "Hazel Kirke," 188. + McKay Shoe Mfg. Co. license, 451. + McKinley, W., 308, 362. + Macmillan _v._ Dent (1906), 92. + M'Vickar, Dr., 341. + Macy cases, 55. + Madison, President, 33, 35. + Magazine. _See_ Periodical. + Mails, importation, 279, 282, |515|; + Sec. 33, 480; + loss in, of deposit copies, 145; + transmission, 36, 37, 142, 145, 515; + Sec. 14, 471; + R. Sec. 39, 507. + Mallory _v._ Mackaye (1898), 188. + Maloney _v._ Foote (1900), 274. + Malta, 397. + Mansell _v._ Valley Printing Co. (1908), 61. + Manufacturing provisions, 39, 79, |88|, 144, 148, |153-61|, 228, 285, + 341-72; + Sec. 12, 470; Sec. 15, 471; Sec. 16, 472; + R. Sec. 27, 502; Sec. 32-35, 504-06; + affidavit, 137, 139, |156|, 304, 512; + Sec. 16, 472; Sec. 55, 484; + R. Sec. 32-35, 504-6; + "boomerang" effect, 286; + exceptions, 146, 153, 154, |155|, 167, 228, 284, 513; + Sec. 15, 471; Sec. 31, 478; + R. Sec. 27, Sec. 28, 502; Sec. 32, 504; Sec. 35, 506; + importation, 80, 147, |159|, 279, 280, 283, 287, 513; + Sec. 31, 478; + in British Empire, 152, 160, 161, 168, 385, 387-93; + E. Sec. 25 (2), 537; + C. Sec. 3 (2), 557; + Au. Sec. 13, 584; Sec. 35, 590; + in other countries, 14, 16, 17, 20, 62, 152, 160, 397, 401, 417. + _See also_ Annulment. + Manufacture, right to, 46, 48, 49. + Manuscript, 4, 9, 42, 45, 90, |91|, 94, 95, 102, 106, |116|, 163, 179, + 181, |186|, 199, |218|, 299, 306, 332, 412, 432, 434, 451; + Sec. 1 (d), 465; Sec. 60, 486; + R. Sec. 18, 499; + E. Sec. 17, 529; + P. 637. + _See also_ Unpublished work. + Manx. _See_ Isle of Man. + Maple _v._ Junior Army & Navy Stores (1882), 73. + Maps, 57, 63, 69, 70, |223|, 239, 247, 248, 250, 255, 288, 326, 333; + Sec. 5 f. 468; Sec. 18, 472; + R. Sec. 4, 496; Sec. 11, 498; Sec. 25, 501; + E. Sec. 15 (7), 527; + C. Sec. 2, 555; Sec. 3, 557; Sec. 26, 568; + Au. Sec. 4, 581; + I. 603; + P. 634, 637, 649; + application card, 140, 229; + R. Sec. 31, 504. + Mark Twain. _See_ Clemens, S. L. + Marshall _v._ Bull (1901), 238. + Martial, 8. + Mary _v._ Hubert (1906), 382. + Maryland copr. legislation, 35. + Massachusetts copr. legislation, 35, 39, 194; + "written ballot," 66. + Massenet and Puccini _v._ _Compagnie generale des phonographes, et al._ + (1904), 213. + Masses, performance of, 60, 164; + Sec. 28, 478. + Material object, separate right in, 8, |60|, 92, 98, 222, |228|, 231, + 234, 247, 393, 396, 398; + Sec. 41, 482; + Au. Sec. 41, 590. + Mathematical tables copr., 69, 70; + R. Sec. 4, 496. + Matrices, 266, 268, 270; + Sec. 25 (d), 476; Sec. 27, 477; + E. Sec. 35, 543; + C. Sec. 2, 556. + Matthews, Brander, 454. + Maugham, Robert, 458. + Mauritius, 395. + Mawman _v._ Tegg (1826), 256. + Maximilian I, 11. + Maxwell _v._ Goodwin (1899), 187. + Maxwell _v._ Hogg (1867), 75, 84, 85. + Mead _v._ West Pub. Co. (1896), 257. + Mechanical instruments, 42, 45, 53, 54, 163, 191, |202-221|, 268, 376, + 377, 387; + Sec. 1 (d), 465; Sec. 25 (e), 477; + E. Sec. 1 (2), 518; Sec. 19, 529; Sec. 35, 543; + C. Sec. 2, 556; Sec. 31, 570; Sec. 33, 571; + I. 616. + Mechanical reproduction, 43, 62, 164, 169, |202-21|, 320, 328; + Sec. 1 (e), 465; Sec. 25 (e), 477; + R. Sec. 44, Sec. 45, 508; + I. 615, 616; + application form, 140, 207; + arguments for control, 214; + dramatic and dramatico-musical works, 166; + hearings on, 202, 204, 214, 369, 370; + in British Empire, 33, 61, 178, 208, 376, 377, 387; + E. Sec. 1, 518; Sec. 19, 529; Sec. 35, 543; + C. Sec. 2, 555; Sec. 33, 571; + Au. Sec. 4, 580; + in other countries, 112, 209, 212, 213, 214, 340, 400, 408, 490; + notice of user, 203, 206, 207, 208, 307; + Sec. 1 (e), 465; Sec. 25 (c), 477; Sec. 61, 487; + R. Sec. 44, Sec. 45, 508; + E. Sec. 19, 530; + reciprocity, 112, 202, 212, 340, 490; + Sec. 1 (e), 465; + royalties, 202, 204, 206, |207|, 211; + Sec. 1 (e), 465; Sec. 25 (e), 477; + E. Sec. 19, 530. + _See also_ License. + Mechanical stage devices, 162; + R. Sec. 8, 497. + Melody, 43, 164, 169, 170, 198, 202, 393; + Sec. 1 (e), 465; + Au. Sec. 4, 581. + _See also_ Musical work. + Memorandum books, noncopr., 71; + R. Sec. 5, 496. + Memorial. _See_ Petitions. + Merit, literary or artistic, 14, |68|, 69, 73, 175, |177|, |229|, 237, + 240, 432. + _See also_ Originality. + Merriam cases, 134, 261. + Messages. _See_ Pigeons, Telegraph. + Messages, Presidential, 361, 368. + Methods noncopr., 54, 70, 247, 376; + E. Sec. 35, 542; + C. Sec. 2, 555. + Mexico, 112, 124, 198, 323, 332, |420|, 643, 652. + Mexico City conference, 331; + convention, 112, 332, 419, 422; + text of, 637-41. + _See also_ International, Pan-Amer. Union and names of countries. + Michigan copr. legislation, 40, 194. + Mifflin _v._ Dutton (1902), 102. + Milan literary congress (1892), 209. + Miles _v._ American News Co. (1898), 236. + Mill, J. Stuart, 351. + Millar _v._ Taylor (1769), 25. + Milton, 22. + Minnesota copr. legislation, 39, 194. + Misleading use. _See_ Fraud, Intent. + Mitchell & Miller _v._ White & Allen (1888), 84. + Model of artistic work, 43, 63, 93, 127, 223-26, 242; + Sec. 1 (b), 465; Sec. 5 (g), 468; + R. Sec. 14, 498; Sec. 20, 500; Sec. 25, 501; + E. Sec. 2, 518; Sec. 35, 542; + C. Sec. 2, 555; Sec. 4, 558. + _See also_ Artistic work, Sculpture. + Modification. _See_ Alteration. + Molds, 266, 268, 270, 376; + Sec. 25 (d), 476; Sec. 27, 477; + E. Sec. 2, 518; Sec. 35, 543; + C. Sec. 4, 558. + Monaco, 214, 321, 322, 323, 330, |413|. + Monaghan _v._ Taylor (1886), 193. + Monarch Book Co. _v._ Neil (1900), 244. + Monastic copyists, 8. + Monckton _v._ Gramophone Co. (1910), 62. + Monkswell bill, 31. + Monograms, 70; + Sec. 18, 472. + Monologues, 171. + Monopoly copr., 13, |50|, 54, 255. + Monroe-Smith Amendment, 117. + Montalembert, 9, 453. + Montenegro, 62, 124, 321, 322, |414|. + Montevideo congress, 331; + convention, 331, 419; + text of, 633-36. + _See also_ International, Pan Amer. Union and names of countries. + Moore, T., 341. + Moore _v._ Edwardes (1903), 176. + Morocco, 418. + Morrill rpt. (1873), 353. + Morris _v._ Coleman (1812), 441. + Morris, E. J., bills (1858-60), 348. + Morrison _v._ Pettibone (1897), 272. + Mortgage, right to, 46, 48; + Sec. 42, 482. + Morton, J. P., 352. + Mosaics, 234. + Mott _v._ Clow (1896), 237. + Moving pictures, 71, 77, 163, 175, 176, 178, 211, 224, 241, 242, 328, + 376; + R. Sec. 4, 496; Sec. 8, 497; Sec. 15, 498; + E. Sec. 1, 518; Sec. 35, 542; + C. Sec. 2, 555; Sec. 3 (2), 557; + I. 618. + Munro _v._ Beadle (1888), 262. + Munro _v._ Smith (1890), 262. + Murphy _v._ Christian Press Assoc. (1899), 50. + Musical work, 14, |162-201|, |202-21|, 296, 375, 387; + E. Sec. 1, 517; + C. Sec. 3, 557; + classification and definition, 63, 162, 318, 326, 332, 393; + Sec. 5 (e), 468; + R. Sec. 9, 497; Sec. 10, 498; + E. 550-52; + C. Sec. 2, 555; + Au. Sec. 4, 580; + I. 603; + P. 633, 634, 637, 649; + acts, 31, 32, 36, 37, 182, 193, 195, 208, 379, |550|, |552|; + E. Sec. 11 (4), 525, 547; + duties, 288; + excepted from manufacturing clause, |167|; + formalities, 86, 119, 127, 139, 144, 151, 166, 168, 189, 206, 393, + 406, 407, 409; + Sec. 11, 470; Sec. 18, 472; Sec. 19, 473; Sec. 25 (e), 477; + R. Sec. 18, 499; Sec. 44, 45, 508; + C. Sec. 3, 557; Sec. 26, 568; + Au. Sec. 13, Sec. 14, 584; Sec. 32, 588; + I. 614; + infringement, 195, 266, 268, 394; + Sec. 25 (b), 476; + E. Sec. 11 (4), 525, 549, 551; + Au. Sec. 46, 591; Sec. 51, 593; + manufacture, 168; + performance, 59, 165, 183, 185, 322, 327, 394, 404; + R. Sec. 23, 500; + E. Sec. 1 (3), 518; + Au. Sec. 14, 584; + I. 606; + prior publication, 183, 185; + special rights, 42, 43, 45, 162, 163, 164, 169, 198, 202, 392; + Sec. 1 (e), 465; + E. Sec. 1, 517, 518; + C. Sec. 2, 556, 577; + Au. Sec. 13, 14, 584; + I. 613. + _See also_ Adaptation, Arrangement, Dramatico-musical, License, + Mechanical, Notation, Term, Transcription, etc. + Musical copr. Committees, 32, 196, 459. + Music sheet, _See_ Sheet. + + + Name, author's right in, 98, 100, 333; + P. 639; + as proof, 152, 200, 241, 319, 329, 333, 336, 378; + E. Sec. 6, 523; + I. 617; + P. 634, 639, 650; + in application, 420, 421, 437; + R. Sec. 29, 502; + Sec. 30, 503; + in copr. notice, |105|, 128, |129|, 135. + _See also_ Application, Author, Evidence, Notice. + Natal, 396. + _See also_ South African Union. + National Assembly, French, 18, 114, 398. + Nat. Tel. News Co. _v._ West Union Tel. Co. (1902), 89. + Nationality. _See_ Foreign author, Residence. + Negatives, 36, 123, 239, 240, 245, 247, 248, 393; + E. Sec. 35, 543; + C. Sec. 2, 556; Sec. 31, 570; + Au. Sec. 13, 584. + _See also_ Photograph. + Netherlands. _See_ Holland. + Nethersole _v._ Bell (1903), 174. + Neufchatel, literary congress (1891), 209. + Neufeld _v._ Chapman (1901), 448. + New Brunswick, 383. + New editions. _See_ Editions, new. + New Hampshire copr. legislation, 35, 39, 194. + New Jersey copr. legislation, 35, 39, 194. + New South Wales, excepted in Brit. treaty, 381. + _See also_ Australia. + N. Y. Press Pub. Co. _v._ Falk (1894), 238. + N. Y. State legislation, 35, 39, 40, 194, 239; + copr. vested in, 98. + New Zealand, 375, 382, |394|; + E. Sec. 35, 543. + Newbery's case (1774). _See_ Hawkesworth case, 81. + Newfoundland, 119, 151, 152, 160, 168, 188-90, 246, 321, 375, 382, + |390|; + E. Sec. 35, 543; + laws, 456. + News, |89|, 103, 259, 264, 319, 328, 337, 406; + I. 613; + P. 651. + _See also_ Telegraph. + Newspaper, 63, |87|, 90, 131, 245, 266, 267, 279, 280, 328, 337; + Sec. 5 (b), 467; Sec. 19, 473; Sec. 31 (b), 479; + R. Sec. 6, 497; + E. Sec. 15, 527; Sec. 35, 543; + C. Sec. 14 (6), 564; Sec. 22, 567, Sec. 30, 569; + Au. Sec. 4, 581; + I. 611; + P. 651; + reports, 68, 70, |91|, 103, 183, 264, 376, 377; + E. Sec. 2, 519; Sec. 20, 533; + C. Sec. 4, 558; + P. 634, 639, 651. + _See_ News, Periodical, Photographs. + Next of kin. _See_ Heirs. + Nicaragua, 112, 124, 198, 323, 332, 334, |336|, 340, |422|, 423, 643, + 652. + Nicholls _v._ Parker (1901), 236. + Nicklin, Philip H., 344, 454. + Nicols _v._ Pitman (1884), 254. + Nigro, Joanes, 13. + Nigrus, Peter, 10. + Non-copyright matter, 65, |76|, 81, 241, 255, 257, 261, 288, 433; + E. Sec. 2, 519. + North Carolina copr. legislation, 35. + Norway, 112, 124, 197, 200, 248, 316, 317, 321, 323, 330, 340, |407|. + Notation, musical, 43, 45, 164, 169, 170, 202, 217, 392; + Sec. 1 (e), 465; + Au. Sec. 13, 584. + Notes by hearer, 90. + Notice copr., 36, 74, 121, 125, 126, |127-36|, 150; + Sec. 9, 469; + R. Sec. 22, Sec. 23, 500; Sec. 26, 501; + C. Sec. 3 (2), 557; + artistic work, |225|, 227, 230, 232, 235, 242; + collections, 81; + date, |129|, 133, 230; + dramatic and musical works, |166|; + early, 19; + false, 77, |134|, 135, 142, 148, 276, 279, 280, 513; + Sec. 29, Sec. 30, 478; + Au. Sec. 55, 595; + foreign works, |133|, 146, 155, 366; + form, |127|, 131, 166, 225; + Sec. 18, 472; + R. Sec. 24, Sec. 25, 501; + before 1909, 36, 37, |128|; + in British Empire, 150, 151, 373-97; + in other countries, 400-29; + _interim_ works, 126, |135|, 147, 148; + Sec. 9, 469; Sec. 22, 474; + R. Sec. 26, 501; + C. Sec. 23, 568; + name, 127, |129|, 166; + Sec. 18, 472; + R. Sec. 24, Sec. 25, 501; + substitution of name, 105, 135; + Sec. 46, 483; + R. Sec. 43, 508; + omission of, 118, 121, |130|, 134, 146, 230, 234, 235, 236, 253, + Sec. 20, 473; + penalty for removal, 134, 276; + Sec. 29, 478; + periodicals, 88, 130, |131|, 319, 328, 400, 403; + Sec. 19, 473; + I. 612; + position, 37, 130, |131|, 132, 166; + Sec. 19, 473; + C. Sec. 3 (2), 577; + pseudonymous work, R. Sec. 24, 501; + renewals, 118; + separate volumes, 132; + successive editions, 134; + translations, 78, 397. + Notice of authorization; + Au. Sec. 29, 588; + of reproduction, 123; + E. Sec. 3, 520; + of reservation, 201, 313, 412; + oral work, 29, 200, 264, 377, 397, 398-429; + E. Sec. 2 (1), 519; + C. Sec. 4, 558; + Au. Sec. 33, 589; + performance, 150, 182, 183, 195, 199, 200, 319, 394, 397; + Au. Sec. 32, 588; + I. 614; + to prohibit importation; + E. Sec. 14 (1) 525 (5) 526. + _See also_ Customs. + Notice of user. _See_ Mechanical reproduction. + Nova Scotia, 383. + Novelization, 42, 61, 169, 172, 322, 328, 376, 431; + Sec. 1 (b), 465; + E. Sec. 1 (2), 518; + C. Sec. 2, 556; + Au. Sec. 13, 584; + I. 614. + Novelties noncopr., 72, 223, 224; + R. Sec. 12, 498; + Sec. 16, 499. + + + Official publications. _See_ Government publications. + Ohio copr. legislation, 39, 194. + Ojibwa Indians copr., 41. + "Old sleuth" cases, 262. + Omission of notice. _See_ Notice. + Omissions from musical works, E. Sec. 19 (2), 530 (7), 532. + _See also_ Alterations. + Opera, 162, 163, 166, 168, 182, 196, 404; + R. Sec. 8, Sec. 9, 497. + Operettas, 162, 163; + R. Sec. 8, Sec. 9, 497. + Oral work (addresses, lectures, sermons, etc.), 42, |59|, 61, 63, 67, + 70, |90|, 333, 337, 377, 393, 403; + Sec. 1 (c), 465; Sec. 5 (c), 468; + R. Sec. 7, 497; + E. Sec. 1 (2), 518; Sec. 17, 529; Sec. 20, 533; Sec. 35, 543; + C. Sec. 2, 556, 557; + Au. Sec. 4, 581; Sec. 15, 584; Sec. 25, 587; Sec. 33, 589; + I. 612; + P. 634, 639, 651; + assignable, Au. Sec. 24, Sec. 26, 587; + deposit, 86, 144; + Sec. 11, 470; + R. Sec. 18, 499; + infringement, 264, 266, 267; + Sec. 25 (b), 476; + Au. Sec. 45, Sec. 46, 591; + mechanical reproduction, E. Sec. 35, 543; + C. Sec. 2, 556; + notice, 91, 151, 264, 377; + E. Sec. 2, 519; + C. Sec. 4, 558; + Au. Sec. 33, 589; + publication, 91; + E. Sec. 1 (3), 518; + Au. Sec. 15, Sec. 16, Sec. 17; + registration, 91, 139; + Au. Sec. 66, 599; + Sec. 74, 600; + terms, 119, 401. + _See also_ Newspaper reports. + Orange Free State, 160. + _See also_ South African Union. + Oratorios, 59, 164, 166, 168; + Sec. 28, 478. + _See also_ Dramatico-musical work, Musical work. + Orchestral work, 169, 187. + _See also_ Musical work. + Order, works on. _See_ Employer. + Orders in Council, 31, 379; + E. Sec. 23, 534; Sec. 26, 537; Sec. 28, 538; Sec. 29, 539; Sec. 30, 540; + Sec. 32, 541; Sec. 35 (3), 543; + C. Sec. 43, 576. + _Ordinances de Moulins_, 18. + Ordnance surveys, 123. + Oregon copr. legislation, 39, 194. + Origin, country of. _See_ Country of origin. + Originality, 68, 81. + _See also_ Merit. + Ornamental letters or scrolls noncopr., 224; + R. Sec. 16, 499. + Osgood _v._ Allen (1872), 82, 85. + Osgood _v._ Aloe (1897), 128. + Oessler, Dr. Jacob, 11. + Osterrieth, Albert, 461. + _Our Young Folks_ case, 82. + Outright sale, |106|, 116, 117, 118, 364, 434, 442. + Owner, rights of, 45, 46; + E. Sec. 7, 523; Sec. 9, 524; Sec. 21, 533; + C. Sec. 9, 561. + _See also_ Author, Corporation, Proprietor. + Ownership of copr., 3, 5, 50, |95-113|, 238, 269, 318, 327, 333, 336, + 377, 378, 393, 437, 577; + Sec. 8, 469; Sec. 62, 488; + R. Sec. 2, 495; + E. Sec. 5, 521; Sec. 6 (3), 522; Sec. 16, 529; Sec. 17 (2), 529; Sec. 29, 539; + C. Sec. 7, 560; Sec. 30, 569; Sec. 36, 574; + Au. Sec. 18, 585; Sec. 19, 586; Sec. 25, 587; Sec. 43, 591; + I. 606-09; + P. 633, 637, 638, 650. + Oxford Univ. Press, 121. + Oxford University. _See_ University deposit. + + + Page. _See_ Sheet. + Paintings, 29, 37, 223, 228, 229, 232, 234, 238, 246, 247, 248, 250, + 274, 326, 332; + R. Sec. 12, 498; + E. Sec. 35, 542; + C. Sec. 2, 555; + Au. Sec. 4, 580; + I. 603; + P. 634, 637, 649; + formalities, 150, 388; + Sec. 26, 568; + in public place, 264, 376; + E. Sec. 2 (1), 519; + C. Sec. 4, 558; + infringement, Sec. 25 (b), 245, 266, 267; + Sec. 25 (b), 476; + reproduction by _tableaux_, 242. + _See also_ Artistic work, Material object. + Palmer _v._ DeWitt (1872), 180. + Palmerston, Ld., 346. + Palsgrave, J., 21. + Pamphlets, 70, 290, 326, 332; + R. Sec. 4, 496; + E. Sec. 15, 527; + C. Sec. 23, 568; + Au. Sec. 4, 580; + I. 603; + P. 633, 637, 649. + Pan Amer. Union, conferences, 331, 334, 336; + conventions, 112, 152, 250, 332-37; + texts of, 633-652. + _See also_ International conventions and names of cities. + Panama, 124, 152, |423|. + _See also_ Canal Zone. + Pandects, 17. + Pantomimes, 175, 198, 326; + I. 603. + Papal grants, 17. + Pappa Alesio, 16. + Paraguay, 124, 317, 331, 332, |426|. + Paris acts, 185, 197, 209, 249, 296, |321|, 322; + I. 628; + text, 603-631; + conference (1896), 209, 321; + literary congress (1878), 314. + _See also_ International conv., University. + Park & Pollard _v._ Kellerstrass (1910), 258. + Parke, Baron, 2, 4. + Parkinson _v._ Laselle (1875), 149. + Parliament, acts of, |24-34|, + early petitions to, 23. + _See also_ British Empire. + Parliamentary papers, 459. + Parody, 190. + Partnerships, 273, 286, 403, 435; + R. Sec. 33, 505. + _See also_ Joint Authors. + Parton, James, 348. + Parts of work, 64, |76|, 87, 90, 92, 131, |132|, 143, 145, 173, 243, + 257, 287, 318, 403; + Sec. 3, 467; + E. Sec. 35, 543; + C. Sec. 22, 567; + Au. Sec. 4, 580; Sec. 20, 586; + I. 611; + P. 650. + _See also_ Composite, Extracts, Quotation. + Passages permitted in collections, E. Sec. 2 (1), 519. + _See also_ Extracts, Fair use, Quotations. + Passing off. _See_ Fraud, Intent. + Patents, 12, 14, 18, 21, 54, 93, 161; + acts, 33, 161, 379; + E. Sec. 22, 534; + commissioner of, 96, 308, 309; + registration as, 37, 223, 310. + _See also_ Congressional Committees, Congressional hearings. + Patterns, 93; + chart, noncopr., 70. + Patterson _v._ Ogilvie (1902), 192, 273. + Payne tariff, 288. + Pearsall-Smith licensing plan, 51, 204, 449. + Peary cases, 89, |102|. + Peckham, Justice, 273. + Penal provisions, 275. + _See also_ Punishment. + Penalties, 15, 19, 22, 24, 36, 272, 273; + E. 549; + Au. Sec. 57, 596; + failure to deposit, 36, 143, 150-52, 374, 378; + Sec. 13, 470; + E. Sec. 15 (6), 527; + false affidavit, 158; + Sec. 17, 472; + false entry, notice, etc., 37, 134, 276; + Sec. 29, 478; + C. Sec. 11, 562; + Au. Sec. 55, 595; + infringement, 6, 12, 13, 16, 37, 195, 196, 272, 276, 379, 389; + E. Sec. 28, 478; Sec. 9 (2), 524; Sec. 11, 524, 547, 551; + C. Sec. 13, 562; + Au. Sec. 50-54, 592-595. + _See also_ Damages, Punishment, Remedies. + Pennsylvania copr. legislation, 35, 39, 194. + Pentateuch, 14. + Perforated music-rolls. _See_ Mechanical Instruments. + Perform, right to. _See_ Playright. + Performance, 67, 177, 379; + E. Sec. 2 (3), 520; Sec. 11 (2), 524; Sec. 35 (2), 543, 545; + C. Sec. 4 (3), 559; Sec. 13 (2), 563; + Au. Sec. 16, 585; + and publication, 180-85, 197, 376; + E. Sec. 1 (3), 518; + C. Sec. 2, 556; + I. 608; + assignment, 189; + E. Sec. 24 (1), 534; + gratuitous or for profit, 43, 45, 59, 164, 165, 186, 190, 199, 202, + 275, 404; + Sec. 1 (e), 465; Sec. 28, 478; + permissive, 60, 164, 404; + Sec. 28, 478; + registration, 184. + _See also_ Dramatic, Dramatico-musical work, Notice, Playright, + Publication, Representation. + Periodicals, 63, 64, 76, 87, 90, 148; + Sec. 3, Sec. 5 (b), 467; + R. Sec. 6, 497; + E. Sec. 35, 542; + C. Sec. 30, 569; + Au. Sec. 4, 580; + copr. catalogue of, 300; + copyrightable by numbers, 88; + R. Sec. 36, 506; + P. 650; + formalities, 131, 138, 139, 143, 387, 410; + Sec. 12, 470; Sec. 19, 473; + R. Sec. 36, 506; + E. Sec. 15 (7), 527; + C. Sec. 22, 567; + importation, 286; + Sec. 31 (b), 479; + manufacturing provision, 88, 143, 153, 154, 286; + Sec. 12, 470; Sec. 15, 471; + R. Sec. 36, 506; + pirated material in, C. Sec. 14 (6), 564; + renewal, 115; + Sec. 23, 474. + _See also_ Composite work, Newspaper, Notice, Title. + Periodical contribution, 64, 71, 76, 87, 99, 148, 319, 328, 398, 435; + Sec. 3, 467; + R. Sec. 4, 406; + E. 545; + C. Sec. 30, 569; + Au. Sec. 4, 580; Sec. 22, Sec. 23, 586; + I. 611, 612; + P. 634, 639, 651; + formalities, 28, 100, 122, 131, 138, 139, 142, 143; + Sec. 12, 470; + R. Sec. 37, 506; + in other countries, 398-429; + renewal, 104, 115; + Sec. 23, 474; + republication, 393, 433, Au. Sec. 22, 586. + _See also_ Composite work, Parts, Serial publication, Term. + Perpetuity, copr. in, 13, 18, 25, 26, |123|, 124, 183, 377, 398, 401, + 407, 420-22, 429. + Persia, 323, |418|. + Personal use. _See_ Private use. + Peru, 110, 294, 323, 331, 332, |427|, 636, 643, 652. + Petitions, 23, 341, 346, 347, 348, 351, 355, 359, 455. + _See also_ License. + Philip _v._ Pennell (1907), 92. + Philippine Islands, 39, 108, 270, 418; + Sec. 34, 481. + Phonograph. _See_ Mechanical reproduction. + Photo-engravings, 138, 139, 144, 153, 155, 156, 226, 228, 229; + Sec. 15, 471; Sec. 16, 472; + R. Sec. 19, 500; Sec. 27, 502. + Photo-lithograph, E. Sec. 35, 542; + C. Sec. 2, 555. + Photographs, 30, 36, 37, 64, 113, 219, 223, 224, 226, 228, 229, |240|, + 243, 245, 250, 274, 320, 326, 328, 332, 336, 377, 393; + Sec. 5 (j), 468; + R. Sec. 15, 498; Sec. 19, 500; + E. Sec. 35, 542; + C. Sec. 2, 555; + Au. Sec. 4, 580; + I. 605; + P. 634, 637, 649; + alterations, 244; + as publication; + E. Sec. 1 (3), 518; + duties, 288; + formalities, 127, 140, 141, 144, 150, 152, 225, 226, 227, 241, 307, + 391, 406, 407, 409; + Sec. 11, 470; Sec. 18, 472; Sec. 61, 487; + R. Sec. 19; Sec. 20, 500; Sec. 25, 501; Sec. 40, 507; + C. Sec. 3 (2), 557; Sec. 26, 568; + in other countries, 248, 398-429; + in public place, 264, 376; + E. Sec. 2 (1), 518; + C. Sec. 4, 558; + infringement, 37, 243, 245, 266, 267; + Sec. 25 (b), 476; + on order, |238|; + E. Sec. 5 (1), 521; + C. Sec. 7, 560; + Au. Sec. 39, 590; + special term, 122, 247, 248, 328, 377, 394, 403, 406, 407, 409, 416, + 417; + E. Sec. 21, 533; + C. Sec. 31, 570; + I. 606, 610. + _See also_ Artistic work, Negatives. + Pictorial illustrations. _See_ Illustrations. + Pierce & Bushnell Co. _v._ Werckmeister (1896), 233. + Pierce, President, 347. + Pigeons, messages, 396. + Pins noncopr., 224; + R. Sec. 16, 499. + Piola-Caselli, Eduardo, 461. + Piracy, Pirated copies. _See_ Infringement. + Pitt Pitts _v._ George (1896), 292, 296. + Place of notice. _See_ Notice. + Place, public. _See_ Public place. + Plans, 70, 247, 248, 326; + E. Sec. 2, 518; Sec. 15 (7), 527; + C. Sec. 2, 555; Sec. 3 (2), 557; Sec. 4, 558; + Au. Sec. 4, 580; + I. 604; + P. 634. + _See also_ Architectural drawings. + Plastic work. _See_ Sculpture. + Plates, 153, 266, 268, 270, 393; + Sec. 15, 471; Sec. 25 (d), 476; Sec. 27, 477; + R. Sec. 27, 502; + E. Sec. 5 (1), 521; Sec. 7, 523; Sec. 11 (2), 524; Sec. 35, 543, 552; + C. Sec. 2, 556; Sec. 9, 561; Sec. 13 (2), 563; Sec. 31, 570; + Au. Sec. 13, 584. + _See also_ Mechanical instruments. + Plats, 223; + R. Sec. 11, 498. + Platt, O. H., 50, 278; + bill (1889), 361. + Playing cards, 242. + Playright, 8, 36, 42, 45, 61, |162-202|, 319, 328, 376, 393, 459; + Sec. 1 (d), (e), 465; + E. Sec. 1 (2), 518, 545; + C. Sec. 2, 556, 577; + Au. Sec. 14, 584; Sec. 16, 585; Sec. 25, 587; + I. 614; + assignable, Au. Sec. 24; + Sec. 26, 587; + formalities, 195, 391, 394, 397; + Au. Sec. 32, 588; Sec. 65, 599; + I. 614; + infringement, 190-94; + Au. Sec. 45, Sec. 46, 591; + in other countries, 197, 398-429; + state protection, 39, 194. + _See also_ Dramatic, Dramatico-musical, Infringement, License, + Mechanical reproduction, Performance. + Poems, 58, 70, 81, 404; + R. Sec. 4, 496; + I. 614. + Police powers, 319, 334, 337; + I. 618; + P. 640, 652. + _See also_ Court. + Political speeches. _See_ Oral work. + Pope _v._ Curl (1741), 92. + Porto Rico, 39, 108, 270, 425; + Sec. 34, 481. + Portraits, 113, |238|, 244, 248, 393, 404; + E. Sec. 5, 521; + C. Sec. 7, 560; + Au. Sec. 4, 581; + Sec. 38, 590. + Portugal, 111, 124, 323, 340, |411|, 490. + Possession, copies found in, 273. + _See also_ Damages, Seizure. + Post card, 224, 229, 289; + R. Sec. 16, 499. + "Post Office Directory." _See_ Kelly _v._ Byles. + Post Office regulations, 279, 282, 515; + Sec. 33, 480. + Posters. _See_ Circus posters. + Posthumous works, 92, |102|, 104, 113, 115, 122, 152, 321, 328, 377; + Sec. 23, 474; + E. Sec. 17, 529; + C. Sec. 28, 569; + Au. Sec. 17, 585; + I. 610; + in other countries, 398-429. + Postmaster-General. _See_ Mails, Post Office. + Pouillet, Eugene, 460. + Practice, rules of U. S. Supreme Court, 266, 268, |491|; + Sec. 25, 477. + Prefaces, 71; + R. Sec. 5, 496. + President. _See_ Proclamations and names of Presidents. + Press Assoc. _v._ Reporting Agency (1910), 89. + Press Pub. Co. _v._ Falk (1894), 238. + Press Pub. Co. _v._ Monroe (1806), 45, 48. + Preston, Senator, 344, 346. + Price-list copr., 88. + Price limitation, 14, 15, 17, 24, 27, 46, 49, 55, 57, 207; + C. Sec. 6, 559. + Prima facie evidence. _See_ Evidence. + Prime, S. Irenaeus, 348. + Prince Albert _v._ Strange (1849), 187, 238. + Print, right to, 42, 45,163; + Sec. 1 (a), 465. + Printer's lien, 449; + privileges, 10-17, 19, 20, 21. + Printing, early, 10-23. + _See also_ Manufacturing provisions. + Prints, 64, 127, 223, 224, 226, 309; + Sec. 5 (k), 468; Sec. 18, 472; + R. Sec. 16, 409; Sec. 25, 501; + E. Sec. 35, 542; + C. Sec. 2, 555; Sec. 26, 568; + Au. Sec. 4, 580; Sec. 40, 590; + [goods] acts (1787, 1789, 1794), 27, 246; + (Ireland) act, 28, 246. + Private copr. acts, 27, 38. + Private performance. _See_ Performance. + Private use, 259; + importation for, 281, 290,293, 294; + Sec. 31 (d); + E. Sec. 11, 524; + C. Sec. 13, 562; + reproduction for 264, 376, 404; + E. Sec. 2, 518; + C. Sec. 4, 558. + Privately printed works, 53. + Privileges. _See_ Printers. + Procedure, |265-277|; + Sec. 25, 475; Sec. 26, Sec. 27, 477; Sec. 34-39, 481; Sec. 40, 482; + E. Sec. 7, 523; + U. S. Supreme Court rules, 491. + _See also_ Court jurisdiction, Remedies. + Proceedings of societies. _See_ Publications of. + Processes. _See_ Methods. + Proclamations, Presidential, 108, 111, 202, 339, |489|; + Sec. 8, 469; + R. Sec. 2, 495. + Produce, right to, 42, 45, 61, 163, 376; + Sec. 1 (d), 465; + E. Sec. 1, 518; + C. Sec. 2, 556. + Profits, 171, 265, 267, 448; + Sec. 25 (b), 476. + Projected work noncopr., 86. + Proof. _See_ Evidence. + Proofs, printer's, 432, 442. + Property rights, 45, 47, 314; + differentiated, 46; + contractual, 97, 430, 436-43; + natural, 3, 4, 9, 43, 62; + Sec. 2, 467. + _See also_ Common law, Material object, Ownership, Proprietor, + Rights, etc. + Proprietor, 95-113; + Sec. 8, 469; + definition, 23, 96, 101, 110; + liability, 126, 193, 304; + E. Sec. 2, 520; + C. Sec. 4, 559; + Au. Sec. 51, 593; + non-qualified, 110; + R. Sec. 2, 495; + periodical contribution, 110, 104, 115; + Sec. 23, 474; + C. Sec. 30, 569; + Au. Sec. 22, 486; + renewals, 104, 106, 115, 117; + Sec. 23, 474; Sec. 24, 475; + R. Sec. 47, 509. + _See also_ Assigns, Author, Composite work, Employer, Owner, + Property, Publisher, Rights. + Prussia, 311, 402. + _See also_ Germany. + Pseudonymous work. _See_ Anonymous. + Public documents. _See_ Government publications. + Public documents bill (1895), 37. + Public domain, works in, 65, 118, 127, 170, 243, 244, 256, 319, 320, + 329; + Sec. 7, 468; + I. 605, 619, 620; + P. 639, 650. + _See also_ Non-copyright matter. + Public place, works in, 264, 376, 404; + E. Sec. 2, 518; + C. Sec. 4, 558. + Publication, 47; + definition, |53|, 59, 91, |126|, 179, 181, 197, 214, 224, 231, 233, + |234|, 243, 250, 322, 327, 376, 389; + E. Sec. 1, 518; + C. Sec. 2, 557; + Au. Sec. 4, 581; + I. 608, 609; + date, 52, 109, |119|, 126, 129, 138, 139, 148, 179, 248, 318, 333, + 511; + Sec. 62, 488; + R. Sec. 29, 502; Sec. 32, 504; Sec. 33, 505; + I. 611; + P. 638, 650; + enforced, 29, 49, 123, 377; + E. Sec. 4, 521; + C. Sec. 6, 560; + Au. Sec. 77, 601; + initial step, 5, 52, 126, |133|, 136; + Sec. 9, 469; + R. Sec. 1, Sec. 3, 495; Sec. 22, 500; + E. 545; + Au. Sec. 16, 585; + of registered unpublished work, 145; + R. Sec. 21, 500; + rights before, 44, 47. + _See also_ First, Simultaneous, Exhibition, Performance, Government, + Republish, Serial, Term. + Publications of societies, 53, 88, 412; + R. Sec. 6, 497; + I. 611; + P. 638, 650. + Publish, right to, 42, 45, 61, 163, 333, 376; + Sec. 1 (a), 465; + C. Sec. 1, 518; + Au. Sec. 4, 581; + P. 633, 637, 649. + Published work, definition, 197, 250, 322, 327; + R. Sec. 23, 500; + I. 608; + P. 650. + Publisher, author's representative, 96, 129, 329; + C. Sec. 24, 568; + I. 617; + assumed proprietor, 95, 403; + E. Sec. 6 (3), 523; + early relations, 8-23; + equity in renewal, 117; + relations with author, 409, 430-52. + _See also_ Assigns, Author, Contract, Proprietor, Renewal. + Publishers Association of Great Britain and Ireland, 458. + Publishers' petitions. _See_ Petitions. + _Publishers' Weekly_, 355, 357, 358. + Pulte _v._ Derby (1852), 446. + Punishment, 194, 196, 275, 276, 379, 404; + Sec. 28, 478; + C. Sec. 13, 562; Sec. 14, 564; + spiritual, 17. + Putnam, G. Haven, 9, 16, 31, 51, 360, 362, 453, 454, 455. + Putnam, G. Palmer, 28, 346, 347, 348, 355. + Putnam, Herbert, 308, 366. + _See also_ Librarian of Congress. + Putnam _v._ Pollard (1880), 40. + Puetter, Johann Stephan, 12, 461. + Puzzles noncopr., 71, 224; + R. Sec. 5, 496; + Sec. 16, 499. + Pynson, Richard, 19. + + + Quality. _See_ Merit. + Quantity not essential, 73, 254. + Queensland. _See_ Australia. + Quotation, |173|, 190, 253, 256, |259|. + _See also_ Extracts. + + Racing charts copr., 70. + Railroad time-tables copr., 70. + Randolph, A. D. F., 350. + Ratification, Attorney General's opinion, 337; + of conventions, 112, 320, 322, 329-332, 334, 336, 337, 340; + I. 628, 630; + P. 635, 640, 647, 652. + Ratisbon, Bishop of, 10. + Ravenna, Peter of, 13. + Reade, C., 457. + Reade _v._ Bentley (1858), 434, 444. + Reade _v._ Conquest (1862), 172. + Reading, public. _See_ Recitation. + Rebinding, 159, 263, 287, 514. + Rebuses noncopr., 71, 224; + R. Sec. 5, 496; + Sec. 16, 499. + Receipt for copies, 137, 145, 304; + Sec. 14, 471; Sec. 55, 484; + Recipes copr., 70, 75. + Reciprocity provisions, 37, 107, 202; + Sec. 1 (e), 465; Sec. 8 (b), 469; + E. Sec. 29, 539; + C. Sec. 34 573; + Au. Sec. 62, 598. + _See also_ Proclamations. + Recitation, 90, 178, 200, 264, 377, 408; + E. Sec. 2, 518; Sec. 35, 542; + C. Sec. 2, 555. + Re-copyright objectionable, 230. + Record & Guide Co. _v._ Bromley (1910), 128, 136. + Record books, blank, noncopr., 71; + R. Sec. 5, 498. + Register of Copyrights, 37, 96, 105, 136, 144, 297, 299, 300, 302, 303, + 308; + Sec. 10, 469; Sec. 13, 470; Sec. 45, 482; Sec.Sec. 47-49, 483; Sec.Sec. 50-51, 53-57, + 484-85. + _See also_ Assistant. + Registers (records) of coprs., 22, 150, 300, 303, 310; + Sec. 54, 484; + C. Sec. 22, 567; + Au. Sec. 64, 599; Sec. 71-73, 600. + _See also_ Copyright records. + Registrar of Copyrights, 310, 389; + Au. Sec. 4, 581; + Sec. 9, 582. + Registration, |96|, 126, 133, 136, 143, 150, 189; + Sec. 10, 469; Sec. 12, 470; + R. Sec. 1; Sec. 3, 495; Sec.Sec. 17-23, 499-501; + application, 63, 136, |137|, 168, 207, 511; + Sec. 5, 467; + R. Sec. 29, 502; Sec.Sec. 30-31, 503; + C. Sec. 7 (5), 561; + assignment, C. Sec. 7 (3), 560; + certificates, 136, 140, 168, 304, 333; + Sec. 55, 484; + Au. Sec. 69, Sec. 70, 599; + I. 638; + early provisions, 6, 16, 22, 24, 28; + errors, C. Sec. 40, 575; + Au. Sec. 72, Sec. 73, 601; + false, C. Sec. 11, 562; + Au. Sec. 76, 601; + fees, |141|, 306; + Sec. 61, 487; + R. Sec. 40, 507; + C. Sec. 39, 574; + foreign works, 146; + in British Empire, 24, 150, 184, 189, 246, 310, 312, 373-97; + C. Sec.Sec. 22-27, 567-69; + Au. Sec.Sec. 64-76, 599-601; + in other countries, 151, 310, 399-429; + P. 638, 642-48; + interim, 147; + joint authorship, 101; + new editions, 134; + oral work, 59, 119; + Pan American, 335; + P. 642-46; + periodicals, 88, 138, 387; + periodical contributions, 100; + R. Sec. 37, 506; + renewal, 115, 116; + Sec. 23, 474; Sec. 24, 475; + separate volumes, 132, 306; + Sec. 61, 487; + unpublished works, 119, 144, 179; + R. Sec. 1, 495; + on publication, 145. + _See also_ Application, Certificate, Formalities. + Regulations, Copr. Office, 136, 299, 303, 455, 495-510; + Sec. 53, 484; + for importation, 279, 282, 290, 513; + Sec. 33, 480; + E. Sec. 14, 525; + international bureaus, 319, 329, 335; + I. 623; + P. 645; + Supreme Court, 268, 269, 372, 491-94; + Sec. 25, 477. + Reichardt _v._ Sapte (1893), 187. + _Reichsanzeiger_, 403. + Re-importation, 159, 283. + _See also_ Importation. + Remedies, 44, 195, 206, |265-77|, 378, 379: Sec. 25, 475; + Sec. 28, 478; + E. Sec.Sec. 6-13, 522-25; + C. Sec. 8-15, 561-65; + Au. Sec.Sec. 45-57, 591-97. + _See also_ Damages, Infringement, Penalties, Punishment. + Remittances to Copr. Office, 141; + R. Sec. 40, 508. + Renault, Prof. L., 325. + Renewal, 14, 24, 35, 36, 38, 58, |114-124|, 148, 246; + Sec. 23, 474; + R. Sec.Sec. 46-48, 509; + contributions, 104, 115; + Sec. 23, 474; + R. Sec. 47, 509; + estoppel of, 118; + extension of subsisting, |117|, 140; + Sec. 24, 475; + R. Sec. 46, 509; + formalities, 115, 118, 140, 141, 306, 309; + Sec. 23, 475; Sec. 61, 487; + R. Sec. 46, Sec. 47, 509; + ownership, |104|, |106|, 116, 117, 435, 447; + Sec. 23, 474; Sec. 24, 475; + R. Sec. 46, 509; + subsisting copyright, |116|, 117, 140, 141; + Sec. 24, 475; Sec. 61, 487; + R. Sec.Sec. 46-48, 509; + unpublished works, 119, 179. + _See also_ Extension, Registration, Term. + Repeal, 283, 379; + Sec. 63, 488; + E. Sec. 26, 537; Sec. 36, 544, 546-47; + C. Sec. 44, Sec. 45, 576, 578-79. + Replevin suits, 46, 273, 274. + _See also_ Suits. + Report, right to, Au. Sec. 15, 584; + Sec. 33, 589. + _See also_ Oral work. + Report, Register of Copyrights, 299, 302, 303, 324, 366; + Sec. 49, 483; Sec. 51, 484; + Director of International Bureau, 320, 329; + I. 624. + Reports on copr., 32, 344, 346, 348, 353, 362, 369, 371. + _See also_ Names of Congressmen, Election, Law, Newspaper reports, + Oral work. + Representation, right of, 37, 42, 45, 163, 197; + Sec. 1 (d), 465; + R. Sec. 23, 501; + E. Sec. 35, 543; + C. Sec. 2, 556; Sec. 4, 559; + Au. Sec. 4, 580; + I. 608, 613, 618; + P. 640, 652. + _See also_ Performance, Playright. + Representatives, House of. _See_ Congressional; _also_ names of + Representatives. + Representatives, legal. _See_ Assigns, Heirs. + Reprint, right to, 42, 45, 163; + Sec. 1 (a), 465. + Reprints of copr. works, 134, 293, 294, 385. + Reproduce, right to, 42, 45, 61, 163, 333, 376; + Sec. 1 (d), 465; + E. 1, Sec., 518; + C. Sec. 2, 556; + Au. Sec. 34, 589; + Sec. 41, 591; + P. 633, 637, 650. + Reproductions of artistic works, 64, 223, 228, 234, 235, 404; + Sec. 5 (h), 468; + R. Sec. 13, 598; + E. Sec. 2, 518; Sec. 24, 534; Sec. 35, 542; + C. Sec. 2, 555; Sec. 4, 558; + I. 613; + P. 634, 639, 651. + _See also_ Infringement, Mechanical reproduction. + Republish, license to, 29, 123, 377, 412, 415; + E. Sec. 4, 521; + C. Sec. 6, 559; + Au. Sec. 77, 601; + _See also_ License. + Reputation of author, 46, 85, 100, 244, 274, 404, 435, 443. + Research, use for, 264, 376; + E. Sec. 2 (1), 518; + C. Sec. 4, 558. + Reservation of copr. _See_ Interim copyright, Notice of reservation. + Residence, 107, |108|, 138, 139, 151, 200, 246, 373, 375, 376, 387, 388, + 405, 420; + Sec. 8, 469; + R. Sec. 2, 495; Sec. 29, 502; Sec. 30, 503; + E. Sec.Sec. 25-27, 536-38; Sec. 29, 539; Sec. 34, 544; + C. Sec. 2 (4), Sec. 3, 557; Sec. 34, 573. + _See also_ Country, Foreign author. + Restraint of trade, 57. + _See also_ Limitation. + Retroactive effect, 328; + E. Sec. 24 (1), 534; + I. 615. + Revenue act (1889), 31, 33, 293, 379. + Reversion in periodical contributions, 29, 122, 440. + _See also_ Assignment, Heirs. + Reviews, 87, 264, 376; + R. Sec. 6, 497; + E. Sec. 2, 518; Sec. 15 (7), 527; Sec. 35, 542, 545; + C. Sec. 4, 558; Sec. 22, 567; Sec. 30, 569; + Au. Sec. 4, 581. + Revised Statutes. _See_ U. S. laws, Canada. + Rex _v._ Bokenham (1910), 277. + Rex _v>._ Willets (1906), 277. + Rhenish Celtic Sodalitas, 11. + Rhode Island copr. legislation, 35. + Richard III, 19, 20. + Rifformatori, 15, 16. + Rights, 42-52, 218; + Sec.Sec. 1-3, 465-67; Sec. 8, 469; + E. Sec.Sec. 1-5, 517-22; + C. Sec. 2, 556; + Au. Sec. 13, 584; + P. 633, 634, 637, 638, 649, 650; + existing and substituted, + E. Sec. 24, 534, 545; + C. Sec. 33, 571, 577. + _See also_ Common law, Consent, Property, Proprietor, Material + object, Dramatize, Mechanical reproduction, Translate, etc. + Rinehart _v._ Smith (1903), 273. + Rio de Janeiro conference, 331, 334; + convention, |334|, 336, 419; + text of, 642-48. + _See also_ International, Pan Amer. Union, and names of countries. + Ritchie, P. E., 389. + Road books copr., 69. + Robertson, J., 346. + Robinson, W. E., bill (1882), 356. + Rolls, perforated. _See_ Mechanical instruments. + Roman literature, 8. + Rome literary congress (1882), 314. + Roosevelt, President, 368, 371. + Rosebery's, Ld., speeches reported _verbatim_, 68. + Rosmini, Enrico, 461. + Roethlisberger, Ernest, 330, 462. + Roumania, 323, |414|. + Routledge _v._ Low (1868), 109, 374. + Rowlett, J., private copr. grant, 38. + Royal Copr. Commission. _See_ Commission. + Royal Sales Co. _v._ Gaynor (1908), 70. + Royalties, 123, 124, 199, 201, 202, 206, |207|, 209, 211, 268, 377, 385, + 412, 435, 437, 439, 440, |447-51|; + Sec. 1 (e), 466; Sec. 25 (e), 477; + E. Sec. 3, 520; Sec. 19, 530-33; Sec. 24, 534; + C. Sec. 6, 559; Sec. 33, 571; Sec. 41, 575. + _See also_ Licenses. + Rules. _See_ Regulations. + Russell _v._ Smith (1848), 176, 189, 191. + Russia, 124, 197, 214, 295, 323, |409|. + + + Saake _v._ Lederer (1909), 107. + Sabellico, 10, 13. + St. Columba, 9. + St. Leonards, Ld., 1. + St. Mark's library, 16. + Sale, 10, 42, 45-49, |54-57|, 127, 163, 265, 333, 378; + Sec. 1, 465; + C. Sec. 4, 559; Sec. 13, 562; + P. 633, 637, 649; + as publication, 53, 127; + Sec. 62, 488; + Au. Sec. 4, 581; + control of, 5, |54|, 60; + withdrawal from, 49. + _See also_ Assignment, Material object, Outright. + Salvador, 112, 316, 332, 334, 336, 340, |422|, 423, 643, 652. + Sampson & Murdock Co. _v._ Seaver Radford (1905), 255. + San Domingo. _See_ Dominican Republic. + San Marino, |413|. + Sanborn, Judge, 47. + Sandwich Islands. _See_ Hawaii. + Sarpy _v._ Holland (1908), 313. + Scandinavian countries, 248, |407|. + _See also_ Denmark, Norway, Sweden. + Scenario, 145, 176; + R. Sec. 18, 500. + Scenes, infringing, 174, 191. + Scenic composition, 175, 178; + E. Sec. 35 (1), 542; + C. Sec. 2, 555; + Au. Sec. 4, 581. + _See also_ Dramatic work. + Schedules, British, 377, 379; + E. Sec. 2, 519; Sec. 36, 544, 546; + C. Sec. 33, 571, 576. + Schemes noncopr., 61. + _See also_ Arrangement, Methods. + Schlesinger _v._ Bedford (1890), 173. + Schlesinger _v._ Turner (1890), 173. + Schoeffer, 10. + Scholz _v._ Amasis (1909), 176. + School books. _See_ Education. + Schoolcraft, private copr. grant, 38. + Schott, Johann, 11. + Schumacher _v._ Wogram (1888), 130, 237. + Scientific work, 64, 127, 140, 154, 156, 223, 224, 225, 228, 229, 326, + 333, 388; + Sec. 5 (i), 468; Sec. 15, 471; + R. Sec. 14, 498; + I. 603; + P. 634, 637, 649. + Scope of copr., 42-62, 318, 319, 326, 327, 332, 375, 387, 392, 393; + Sec. 1-3, 465-67; + E. Sec. 1-5, 517-22; + C. Sec. 2, 556; + Au. Sec. 13-15, 584; + I. 606; + P. 633, 634, 637, 649. + Score-card noncopr., 70. + Scotland, E. Sec. 12, 525, 549, 552. + _See also_ British. + Scribner _v._ Straus (1908), 55, 56; + other cases, 260. + _Scriptorium_, 8. + Scrolls, ornamental, noncopr., 224; + R. Sec. 16, 499. + Scrutton, T. E., 181, 458. + Sculpture, 27, 64, 66, 127, 145, 151, 223, 224, 225, 226, 229, 243, 245, + 246, |247|, 248, 250, 264, 266, 267, 326, 332, 370, 388; + Sec. 5 (i), 468; Sec. 11, 470; Sec. 18, 472; Sec. 25 (b), 476; + R. Sec. 12, Sec. 14, Sec. 15, 498; Sec. 20, 500; Sec. 25, 501; + E. Sec. 1 (3), 518; Sec. 2, 518; Sec. 35, 542; + C. Sec. 2, 555; Sec. 3 (3); Sec. 4, 558; Sec. 26, 568; + Au. Sec. 4, 480; + I. 603; + P. 634, 637, 649; + acts, 27, 246. + _See also_ Architecture, Artistic work. + Seal of copr. office, 141, 300, 303; + Sec. 52, 484. + Sealed deposit of author's name, 420, 421, 427. + Search warrants, E. 552; + C. Sec. 15, 564; + Au. Sec. 52, 593. + Searches, 306, 309; + Sec. 61, 487; + R. Sec. 49, 509; + Au. Sec. 71, 600. + Secretary of the Treasury, 121, 279, 282, 289, 290, 513; + Sec. 32, Sec. 33, 480. + _See also_ Treasury. + Seditions. _See_ Immoral works. + Seizure, 22, 196, 268, 272, 273, 274, 279, 282, 283, 296, 319, 322, 328, + 329, 334, 337, 389, 409, 424, 514, 525; + Sec. 32, 480; + E. Sec. 7, Sec. 9, 523; Sec. 11, 524; Sec. 14, 525, 549, 550, 553; + C. Sec. 9, 561; Sec. 13, 562; Sec. 14, 563; Sec. 15, 564; Sec. 21, 566; + Au. Sec. 49, Sec. 50, 592; Sec. 52, 593; Sec. 53, 594; Sec. 56, 596; Sec. 61, 597; + I. 616, 618; + P. 640, 652. + _See also_ Forfeiture. + Selections. _See_ Extracts, Quotations. + Sell, right to. _See_ Sale. + Senate. _See_ Congressional, Ratification, _also_ names of Senators. + Serial publication, 47, 87, |120|, 318, 322, 328, 439; + R. Sec. 6, 497; + E. Sec. 15 (7), 527; + I. 611; + P. 638, 560. + Sermons. _See_ Oral work. + Servia, |414|. + Seymour, E., 351. + Shadow-trick noncopr., 242. + Shanghai, 417. + Share Certificate Book, _in re_ (1908), 150. + "Shaughraun" case, 149. + Sheet, 69, 70, 254, 288; + R. Sec. 4, 496; + E. Sec. 15 (7), 527; + Au. Sec. 4, 580. + Sheldon, Isaac E., 350. + Shepard _v._ Taylor (1911), 258. + Shepley, J., 82, 85. + Sherman, J., bill (1872), 352, 363. + Shiras, Justice, 54. + Shorthand reproduction, 68, 70, 254. + Siam, 42, 62, 124, 152, 160, 323, |417|. + Signature of artist 7, 390. + _See also_ Name. + Sierra Leone, 397. + Similarity, 173, 255, 260, 263, 326. + Simonds, W. E. (1890), 362. + Simultaneous publication, 109, 148, 150, 160, 327, 333, 337, 376, 387, + 393; + E. Sec. 35 (3), 543; + C. Sec. 2 (3), 557; + Au. Sec. 5, 581; Sec. 13, Sec. 14, Sec. 15, 584; + I. 607; + P. 638, 650. + _See also_ First publication. + Singapore, 395. + Situations, 171, 173, 174, 176, 191. + _See also_ Dramatic work. + Sketch, 136, 152, 176, 248, 250, 264, 326, 333, 376; + E. Sec. 2, 518; + C. Sec. 4, 558; + I. 604; + P. 634, 637, 649. + _See also_ Artistic, Dramatic, Musical work. + Slater, J. H., 233, 458. + Sleight-of-hand, not dramatic work, 163; + R. Sec. 8, 497. + "Sleuth" cases, 261. + Slingsby _v._ Bradford Co. (1905), 258. + Smithsonian Institution, 36, 301. + Smoot, Senator, bill (1907-08, '09), 370, 371. + Snow _v._ Laird (1900), 245. + Snow _v._ Mast (1895), 130. + Social Register Association _v._ Howard (1894), 262. + _Societe des gens de lettres_, 314. + _Societe des gens de lettres_ v. _Egyptian Gazette_ (1889), 419. + Societa Italiana d. Autori _v._ Gramophone Co. of London (1906), 213. + Societies, importation by, 281, 290; + Sec. 31 (d), 479; + C. Sec. 17, 565. + _See also_ Publications of. + Solberg, Thorvald, 308, 324, 366, 367, 453, 455. + _See also_ Register of copyrights. + Songs, 71, 82, 86, 163, 167, 168, 175, 176, 191, 206, 208; + R. Sec. 4, 496; + Sec. 9, 497; Sec. 10, 498. + _See also_ Dramatic, Dramatico-musical, Lyrical work. + Sosius brothers, 8. + Source, acknowledgement of, 322, 328, 333, 337; + I. 612; + P. 634, 639, 651. + Sousa, 220. + South African Union, 321, 375, 381, 382, 396; + E. Sec. 35, 543. + _See also_ British Empire. + South America. _See_ Latin America. + South Australia. _See_ Australia. + South Carolina copr. legislation, 35. + Southey _v._ Sherwood (1817), 86. + Spain, 62, 94, 112, 124, 152, 198, 317, 318, 320, 323, 330, 331, |410|, + 461, 489, 636. + Speech. _See_ Oral work. + Spencer, Herbert, 50, 351, 457. + Speyer, J. of, 13. + Spofford, A. R., 297. + Sporting tips, noncopr., 70. + Springer Lith. Co. _v._ Falk (1894), 244. + Stab, Johann, 11. + Stage effects, 162, 173, 198, 326; + R. Sec. 8, 497; + I. 603. + _See also_ Dramatic, Scenic. + Stall, Dr. Sylvanus, 288. + Stannard _v._ Harrison (1871), 239. + Star Chamber decree, 21. + Star maps copr., 223; + R. Sec. 11, 498. + State legislation, 33, 35, 39, 194, 366, 391, 392; + Au. Sec. 4, 581; Sec. 8, 582; Sec. 12, 583. + State courts. _See_ Court. + Stationers' Company, 15, 21; + Hall, 22, 24, 150, 184, 189, 190, 246, 310, 312, 374. + Statistics copr., 69. + Statue, 66, 245, 266, 267; + Sec. 25 (b), 476; + Au. Sec. 41, 590. + _See also_ Artistic work, Sculpture. + Statute law, 2, 6, 7, 22, 24-41. + _See also_ specific references, Anne, Common law, etc. + Statute law revision act, 27. + Statutory forms, copr., 69. + Stedman, E. C., 348, 359. + Stephen, Sir James, 30, 183, 455, 456, 459. + Stereotype, E. Sec. 35 (1), 543; + C. Sec. 2, 556. + _See also_ Plates. + Stern _v._ Remick (1910), 127, 130. + Stern _v._ Rosey (1901), 205. + Steuart, Arthur, 46, 371. + Stevens _v._ Benning (1854), 444. + Stevenson, Archer, 350. + Stone, E. Sec. 35 (1), 543; + C. Sec. 2, 556. + _See also_ Lithographs, Plates. + Stone _v._ Long (1903), 442. + Storm, J. B., 350. + Story, J., 92, 252. + Story _v._ Holcombe (1847), 81. + Stowe _v._ Thomas (1853), 77. + Straits Settlements, 395. + Strasburg, 11. + Straus _v._ American Pub. Assoc. (1904, '08), 57. + Structure noncopr., E. Sec. 35, 542; + C. Sec. 2, 555; + Sec. 10, 562. + _See also_ Architecture, works of. + Subject-matter of copr., 12, |63-94|, 223, 224, 318, 321, 326, 379, 387, + 392; + Sec.Sec. 4-7, 467, 468; + R. Sec.Sec. 4-16, 496-99; + E. Sec. 35, 542; + C. Sec. 2, 555; + Au. Sec. 4, 580; + I. 603-06, 610; + P. 633, 637, 649. + Subject. _See_ Citizenship, Foreign, Residence. + Subsisting copr. _See_ Existing copr., Extension, Renewal, Term. + Substantial importance, 73. + Substituted rights. _See_ Rights, Schedules. + Substitution of name. _See_ Name, Notice. + Sugden, Sir E., 445. + Suits, 24, 26, 36, 46, 122, 143, 150, 266, |269-77|, 283, 319, 373, 374, + 386, 396, 399, 416, 438, |491-94|; + Sec. 12, 470; Sec. 27, 477; Sec.Sec. 34-40, 481-82; Sec. 63, 488; + R. Sec. 3, 495; + E. Sec. 7, 523, 549, 552; + Au. Sec. 48, 592; Sec. 74, 600; + I. 607, 617. + _See also_ Costs, Damages, Infringement, Limitation, Penalties, + Punishment, Remedies, etc. + Sulzer, W., bill (1908, '09), 370. + Summary proceedings, E. Sec.Sec. 11-13, 524-25, 549; + C. Sec. 13, 562; + Au. Sec.Sec. 45-61, 591-98. + _See also_ Penalties, Remedies, Seizure. + Sumner, C., 347. + Sumner, T. H., 38, 121. + Superintendent of pub. docs., 300, 305; + Sec. 57, 485. + Suppression of books, Au. Sec. 77, 601. + _See also_ License, Republish. + Supreme Court, U. S. _See_ Court jurisdiction, Regulations. + Sweden, 112, 124, 200, 248, 316, 317, 321, 323, 330, 340, 368, |407|, + 490. + Sweet _v._ Cater (1841), 444. + Swift, 23, 92. + Switzerland, 111, 124, 199, 214, 316, 317, 318, 320, 323, 330, |406|, + 489; + I. 622. + Synopsis, insufficient, R. Sec. 18, 500. + _See also_ Abridgment. + System. _See_ Arrangement, Schemes. + + + _Tableaux vivants_, 162, |241|; + R. Sec. 8, 497. + Tabulations, 69, 70; + R. Sec. 4, 496; + E. Sec. 15 (7), 527; + C. Sec. 2, 555; + Sec. 3 (2), 558. + Talfourd, Serjeant, 28, 456. + Tariff. _See_ Customs. + Tasmania, 381. + _See also_ Australia. + Tate _v._ Fullbrook (1908), 176. + Tauchnitz series, 293. + Taylor _v._ Pillow (1869), 446. + Taxation, 47, 452. + Telegraph codes, 70; + messages, 88, 93, 94, 124, 394, 396, 406, 410. + Temporary copr., 387-90; + C. Sec. 23, 568. + _See also_ Interim. + Terence, 8. + Term, 7, 35, 51, |114-24|, 134, 180; + Sec. 9, 469; Sec. 23, 474; Sec. 24, 475; + anonymous and pseudonymous works, 101, 328; + I. 610; + artistic work, 230, 245-49, 374-429; + Au. Sec. 36, 590; + collective work; + C. Sec. 30, 569; + commencement, 119, 120, 318, 333, 377; + Sec. 9, 469; + E. Sec. 19, 529; + C. Sec. 31, 570; + Au. Sec. 16, 585; + I. 611; + P. 638, 650; + dramatic and musical, 183, 188, 200; + dramatization, 58, 169; + early provisions, 11-19, 24, 27, 28, 35; + government publications, 123, 377, 398, 410, 412, 420; + E. Sec. 18, 529; + in British Dominions, 33, 121-23, 373-97; + E. Sec. 3, 520; + C. Sec. 5, 559; + Au. Sec. 17, 585; Sec. 35, 591; + in other countries, 121, 122, 398-429; + interim protection, 146; + Sec. 21, Sec. 22; + R. Sec. 28; + international, 124, 188, 318, 327, 328, 329, 331, 333, 335, 337; + E. Sec. 29, 539; + C. Sec. 35, 573; + I. 607, 609, 631; + P. 633, 638, 644, 650; + joint authors, 120, 122, 137, 188, 377, 387; + E. Sec. 16, 528; + C. Sec. 29, 569; + Au. Sec. 17, 585; + limitation of assignments, 61, 113, 377, 378; + E. Sec. 5, 521; Sec. 24, 534; + C. Sec. 7, 560; Sec. 33, 571; + oral work, 119, 401; + periodical contributions, 28, 104, 115; + Sec. 23, 474; + photographs, 122, 247, 248, 328, 377, 394, 403, 406, 407, 409, 416, + 417; + E. Sec. 21, 533; + C. Sec. 31, 570; + I. 610; + posthumous work, 122, 328, 377; + Sec. 23, 474; + E. Sec. 17, 529; + C. Sec. 28, 569; + Au. Sec. 17, 585; + I. 610; + mechanical records, + E. Sec. 19, 529; + C. Sec. 31, 570; + subsisting works, 377; + E. Sec. 24, 534; + successive parts, 120, 318, 333; + I. 610; + P. 638, 650; + translation, 58, 78, 318; + Au. Sec. 30, 588; + I. 610; + unpublished work, 119, 179, 180, 230. + _See also_ Extension, Notice, Perpetuity, Renewal. + Theatre, unlawful use, 193, 394; + E. Sec. 2, 520; + C. Sec. 4, 559; + Au. Sec. 51, 593. + _See also_ Dramatic work, Infringement, party liable, License. + Thomas _v._ Lennon (1883), 187. + Thompson _v._ Amer. Law Bk. Co. (1903), 258. + Thompson _v._ Stanhope (1774), 92. + Thornton, Sir E., 349, 356. + Thring, G. H., 457. + Ticker tape news, 89. + Ticket, railway, noncopr., 70. + Tillinghast, J. L., 346. + Time-tables copr., 70. + _Times_ (London) case, 90. + _Times_ (N. Y.), Peary copr., 89, 102. + Tinsley _v._ Lacy (1863), 173. + Title, 12, |82|, 86, 88, 94, 138, 171, 173, |191|, 260, |261|, 416, 428; + conformity of, 137, 192, 261; + R. Sec. 29, 502; Sec. 30, 503; + registration, 37, 86, 136, 304, 390, 396; + Sec. 55, 484; + R. Sec. 30, 503. + _See also_ Ownership. + Title abstracts copr., 69. + Topographic charts. _See_ Maps. + Toole _v._ Young (1874), 172. + Tools noncopr., 72, 223; + R. Sec. 12, 498. + Toy noncopr., 172, 223; + R. Sec. 12, 498; + soldiers, protected, 247. + Trade-mark, 75, 99, 223, 237, 263, 386; + R. Sec. 16, 499; + acts, 40, 83; + C. Sec. 32, 570; + title as, 83, 88. + _See also_ Title. + Trade name, 102; + R. Sec. 24, 501. + Trading stamps noncopr., 70. + Transcriptions, 45, 169, 170, 198. + _See also_ Musical work. + Transfer of copr. _See_ Assignment, Ownership; _also_ Lithograph. + Translate, right to, 42, 45, 47, |58|, 61, 78, 124, 146, 170, 322, 328, + 333, 392, 417; + Sec. 1 (b), 465; + E. Sec. 1, 518; Sec. 29, 539; + C. Sec. 2, 556; + Au. Sec. 13, 584; Sec. 30, Sec. 31, 588; + I. 605, 610, 612, 620; + P. 633, 634, 637, 639, 649, 650; + British limitation, 78; + in other countries, 398-429. + Translations, 29, 64, |77-80|, 155, 159, 288, 318, 319, 321, 326, 333, + 337, 438; + Sec. 6, 468; + E. Sec. 1 (2), 518; + C. Sec. 35, 573; + Au. Sec. 28, 587; Sec. 29, 588; + I. 604, 613; + P. 634, 639, 650; + in other countries, 78, 397-429. + _See also_ Dramatization, Foreign works, Notice of reservation. + Transpositions, 170, 198, 392; + R. Sec. 10, 170; + Au. Sec. 13, 584. + _See also_ Musical work. + Transvaal, 160, |397|. + _See also_ South African Union. + Treasury decisions, 168, 283-88, 291. + _See also_ Regulations, Secretary of the Treasury. + Treaties, 111, 202, 295, 312, 313, 319, 329, 339, 347, 349; + Sec. 1 (e), 466; + I. 620. + _See also_ International conventions, Proclamations, names of + countries. + Tree _v._ Bowkett (1896), 174. + Trengrouse _v._ "Sol" Syndicate (1901), 254. + Trevers, Peter, 21. + Tribonian, 8. + "Trilby" cases, 82, 171, 174. + Trinidad, 391. + Trinity College. _See_ University deposit. + Trotting records copr., 70. + Tucker, J. R., bill (1886), 359. + Tunis, 198, 214, 316, 318, 320, 323, 330, 397, 398, |418|. + Turkey, 415. + Turner _v._ Robinson (1860), 232. + Twain, Mark, _See_ Clemens, S. L. + Type, forms of, noncopr., 224; + R. Sec. 16, 499. + Type-setting. _See_ Manufacturing provisions. + Typewritten deposit, 143; + R. Sec. 18, 499; + C. Sec. 26, 568. + Typographical unions, 156, 158, 358, 361, 363. + + + Unauthorized publication. _See_ Consent, Infringement, Seizure, etc. + Uncopyrightable matter. _See_ Non-copyright. + Underselling. _See_ Price, limitation of. + Unfair competition, 85, 192, 260, 262, 263. + _See also_ Fair use, Infringement, Title. + United Book Co. _See_ Fraser _v._ Yack. + United Dictionary Co. _v._ Merriam (1908), 134. + United States copr. history and laws, 35-41, 341-72; + scope, 42-61; + subject-matter, 63-93; + ownership, 95-112; + term, 114-210; + formalities, 125-50; + manufacturing provisions, 153-59; + dramatic and musical, 162-95; + mechanical reproduction, 202-21; + artistic, 222-46; + infringement, 251-64; + remedies, 265-77; + importation, 278-92; + copr. office, 297-310; + duties, 288-90; + international, 112, 212, 317, 318, 323, 324, 325, 332, 334, 337, 339, + 420; + internat. movement, 341-72; + literature, 453-56; + code of 1909, 465-88; + proclamations, 489-90; + Supreme Court rules, 491-94; + Copr. Office regulations, 495-510; + Application form, 511-12; + Treasury and P. O. regulations, 513-16. + _See also_ Constitution, Court jurisdiction, Regulations and specific + subjects. + University copr., 24, 26, 123, 377, 380; + E. Sec. 33, 541; + act (1775), 26, 27; + E. Sec. 33, 541; + deposit, 22, 150, 151, 374, 378; + E. Sec. 15 (2), (4), 527; + of Oxford, 19; + of Padua, 15, 16; + of Paris, 9, 17. + Unpublished work, 4, 25, 44-48, 61, 86, 113, 166, 180, 187, 225, 227, + 238; + Sec. 2, 467; Sec. 11, 470; + R. Sec. 17-21, 499-500; + I. 603; + deposit, 144, 226, 412; + Sec. 11, 470; + R. Sec. 18-20, 499-500; + dramatic and musical work, 119, 165, 179, 187; + I. 613; + in British Empire, 61, 151, |182|, 375, 379, 387, 392; + E. Sec. 1, 517; Sec. 16 (2), 528; Sec. 31, 541; Sec. 35 (4), 544; + C. Sec. 2, 556; Sec. 26, 568; + Au. Sec. 7, 582; + not asset in bankruptcy, 452; + registration, 144, 145, 179; + Sec. 11, 470; + R. Sec. 21, 500; + term, 110, 179, 230; + title, 85. + _See also_ Manuscript, Oral work. + Unrecognized authorship, 427, 428. + Uruguay, 62, 124, 323, 331, 332, |426|. + Use. _See_ Fair use, Limitation, Private use. + + + Van Dyke, H., 360, 454. + Van Nostrand, D., 350. + Variations, 170, 198. + _See also_ Musical work; _also_ Title. + Vend, right to. _See_ Sale. + Venetia imprint, 16. + Venezuela, 124, 323, |429|. + Venice, 13. + Verification, unfair use for, 255. + _Verlagsrecht, getheiltes_, 46. + Version, right to make, 42, 45, 58, 80, 170-73; + Sec. 1 (b), 465. + _See also_ Translations, etc. + Vevey literary congress (1901), 209. + Victor Talking Machine Co. _v._ The Fair (1903), 50. + Victoria, Queen, 238. + Victoria. _See_ Australia. + Vienna literary congress (1881), 314. + Virginia copr. legislation, 35. + Vocal work. _See_ Dramatico-musical, Musical work. + Voiding of copr. _See_ Forfeiture. + Volumes, Separate, |132|, 306, 318; + Sec. 61, 488; + I. 611; + P. 638, 650. + Vouchers, 72. + _See also_ Forms. + + + Wage tables copr., 70; + R. Sec. 4, 496. + Wagner _v._ Conried (1903), 181. + Wales, National lib. deposit; + E. Sec. 15, 527. + _See also_ British. + Walker _v._ Globe. _See_ Globe _v._ Walker. + Walpole's "Castle of Otranto," 87. + Walter _v._ Lane (1900), 68. + Walter _v._ Steinkopff (1892), 89, 259. + Ward _v._ Beeton (1875), 445. + Ward, Lock & Co. _v._ Long (1906), 441. + Warne _v._ Routledge (1874), 445. + Warne _v._ Seebohm (1888), 173. + Warrants. _See_ Search. + Washburn, C. G., bills (1908, '09), 44, 370, 371. + Webster, Noah, 35, 344. + Webster Dictionary cases, 261. + Weldon _v._ Dicks (1878), 83. + Welsh, James, 361. + Werckmeister _v._ American Lithograph Company, (1902), 235; + (1904), 235; + (1907), 225, 232; + _v._ Springer Lithograph Company, (1894), 234. + West Pub. Co. _v._ Lawyers' Pub. Co. (1894, '97), 258. + West Pub. Co. _v._ Thompson Co. (1897), 258; + (1910), 132, 259. + Western Australia. _See_ Australia. + Western Union Tel. Co. _v._ Call Pub. Co. (1901), 44. + Wheaton _v._ Peters (1834), 40, 41, 44, 149. + Wheeler _v._ Cobbey (1895), 272. + White, R. Grant, 454. + White _v._ Bender (1911), 257. + White-Smith _v._ Apollo Co. (1906, '08), 54, 204. + White-Smith _v._ Goff (1910), 116. + Widow, widower. _See_ Heirs. + Will. _See_ Heirs. + Willfully. _See_ Intent, Knowledge. + William IV, 27. + Wilson, James Grant, 355. + Winchester, Boyd, 317. + Winslow, Reginald, 459. + Wisconsin copr. legislation, 39, 194. + Withholding of work. _See_ Publication, enforced, Republish. + Witnessing, 106, 389. + Woman, married, E. Sec. 16 (4), 529. + Woodcuts, 8, 98, 223; + R. Sec. 13, 498; + E. Sec. 35, 542; + C. Sec. 2, 555; + Au. Sec. 4, 580. + _See also_ Engravings. + Wooster _v._ Crane (1906), 442. + Words, 75, 85, 130, 262; + for music, 70, 121, 188, 326; + R. Sec. 4, 406; + R. Sec. 10, 498; + E. Sec. 19(2), 530. + _See also_ Dramatic, Dramatico-musical, Musical works, Title. + Woven fabrics noncopr., 223; + R. Sec. 12, 470. + Wrappers, 71; + R. Sec. 5, 496. + Wright, Carroll D., 456. + Wright _v._ Eisle (1903), 242. + Writ of error, 269, 272; + Sec. 38, 481. + Writings, 35, 64, |66|, 94, 215, 326, 410; + Sec. 4, 467; + I. 603; + P. 633, 649. + Wynken de Worde, 21. + + + Year book, E. Sec. 35 (1), 542; + C. Sec. 30, 569. + Young, J. Russell, 96. + + + + + The Riverside Press + + CAMBRIDGE . MASSACHUSETTS + + U . S . A . + + + + + Transcriber's Notes: + +Use of hyphens and punctuation was standardized. Obsolete and archaic +spellings were retained, including words prefixed with 'un' and 'non.' +Italics are indicated with underscores. The pipe (|) surrounds page +numbers in bold in the index. The pointing hand icon is indicated as +-->. Intentional blank spaces in forms and incomplete dates are indicated +with underscores, e.g. 'January 1, 19__.' + +Footnotes were moved to the end of the section in which the anchor occurs. +Sidenotes were moved to the beginning of the paragraph to which they +relate and are surrounded by braces. Duplicate sequential sidenotes were +deleted when, in the original, they were repeated as the text continued +from one page to the following. + +In the original book the text of the Berne and Berlin Conventions +(Appendix III) 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, and sidenotes that +apply to both Conventions are presented in each. No attempt was made to +reorder the text of the Berne Convention. + +In the Table of Laws and Cases, the last entry for 1908, Harper v. Kalem, +is missing its citation in the original. + +Additional corrections: + + in the Foreword: + 'ackowledgments' to 'acknowledgments' + + in Table of Contents: + Section XIII, '48' to '248' ... Berne convention, 1886, 248 ... + + in Chapter XI: + 190: 'ipse facto' to 'ipso facto' + + in Chapter XIII: + 223: 'Coypright' to 'Copyright' + + in Chapter XIV: + 258: 'Slinsgby' to 'Slingsby' + + in Chapter XVI: + 287: 'Amercan' to 'American' + + in Chapter XX: + 397: 'similiar' to 'similar' + + in Chapter XXI: + 423: 'Panaman' to 'Panamanian' + + in Appendix I: + 475: 'separateately' to 'separately' + + in Appendix II: + 519: 'situate' to 'situated' and 'bona fide' to 'bona fide' + 589: 'build' to 'building' + + in Appendix IV: + 636: 'Boliva' to 'Bolivia' + + in the Chronological Table of Laws and Cases: + 658: 'Blatchf.' to 'Blatch.'--for consistency of abbreviation + 661: 'Encylcopaedia' to 'Encyclopaedia' + 668: 'Kingdon' to 'Kingdom' + + in the Index: + 'Canada ... C. Sec. 25, 55;' to 'Canada ... C. Sec. 2, 555;' + 'Canada ... existing works, C. Sec.Sec. 33-157;' + to 'Canada ... existing works, C. Sec. 33, 571-2;' + 'Dramatico-musical ... infringement, ... Sec. 28.' + to '... Sec. 28, 478.' + 'Limitation ... Sec. E. 10' to 'Limitation ... E. Sec. 10' + 'Mechanical reproduction ... R. Sec. 44; Sec. 45, 408;' + to '... Sec. 44, Sec. 45, 508;' + 'Paintings ... in pubic' to 'Paintings ... in public' + 'Residence ... C. Sec. 2 (4), Sec. 3, 447' + to 'Residence ... C. Sec. 2 (4), Sec. 3, 557' + duplicate entry 'Sarpy _v._ Holland (1908), 313.' deleted + + + + + +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.txt or 39502.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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