Garnell Law Schoal Library ules and regulations for the registrati /LIBRARY OF CONGRESS COPYRIGHT. OFFICE RULES AND REGULATIONS FOR THE REGISTRATION OF. CLAIMS TO COPYRIGHT COPYRIGHT OFFICE - Bulletin No. 15 “WASHINGTON” GOVERNMENT PRINTING OFFICE 1914 LIBRARY OF CONGRESS COPYRIGHT OFFICE RULES AND REGULATIONS FOR THE REGISTRATION OF CLAIMS TO COPYRIGHT COPYRIGHT OFFICE Bulletin No. 15 WASHINGTON GOVERNMENT PRINTING OFFICE 1914 (3 HBL. PREFATORY NOTE. The act to amend and consolidate the acts respecting copyright, approved March 4, 1909, provides ‘‘That, subject to the approval of the Librarian of Congress, the Register of Copyrights shall be author- ized to make rules and regulations for the registration of claims to copyright as provided by this act” (sec. 53). Under this authority of law, the following rules and regulations for the registration of claims to copyright have been prepared and put into force in the Copyright Office. Fhowratd. Sotlrng Register of Copyrights. Approved: Inbrarian of Congress. RULES AND REGULATIONS FOR THE REGISTRATION OF CLAIMS TO COPYRIGHT. 1. Copyright under the act of Congress entitled: “An ae ee tae = : ler act. act to amend and consolidate the acts respecting copy- right,” 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 be made after such publication, but the statute expressly provides, in certain cases, for registra- tion of manuscript works. WHO MAY SECURE COPYRIGHT. 2. The persons entitled by the act to copyright protec- Persons enti- tion for their works are: ee Tea eRe (1) The author of the work, if he is: (a) A citizen of the United States, or (6) An alien author domiciled in the United States at the time of the first publication of his work, or (ec) 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 copy- right on substantially the same basis as to its own citizens. The existence of reciprocal copyright conditions is determined by presidential procla- mation.? 1 Amendatory acts were approved August 24, 1912 (providing for the registration of motion pictures), March 2, 1913 (amending sec. 55, with regard to the certificate of registration), and March 28, 1914 (amending sec. 12, to provide for deposit of only one copy in case of works of foreign authors published abroad in foreign languages). 2 Presidential copyright proclamations have been issued securing copyright privileges in the United States to the citizens or subjects of the following countries: Austria, Belgium, Chile, China, Costa Rica, Cuba, Denmark, Dominican Republic, Ecuador, France, Germany, Great Britain and the British possessions, Guatemala, Honduras, Hun- gary, Italy, Japan, Luxemburg, Mexico, Netherlands (Holland) and possessions, Nicaragua, Norway, Panama, Portugal, Salvador, Spain, Sweden, Switzerland, and Tunis. isten tion A gape agen etc., not copy- righ’ RULES FOR THE REGISTRATION (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. REGISTRATION. 3. After the publication of any work entitled to copy- right, the claimant of copyright should register his claim in the Copyright Office. An action for infringe- ment 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. oes ibis 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 copy- right 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, fre- quently 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 motion pictures or spectacles; encyclopedias; catalogues; directories; gazeteers 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. 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, OF ‘CLAIMS TO COPYRIGHT. account books, memorandum books, diaries or journals, bank deposit and check books; forms of contracts or leases which do not contain original copyrightable mat- ter; 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. 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. 7. (ec) Lectures, sermons, addresses, or similar produc- tions, prepared for oral delivery. 8. (d) Dramatic and dramatico-musical compositions, such as dramas, comedies, operas, operettas, and similar works. The designation ‘dramatic composition’ does not in- clude the following: Dances, ballets, or other chore- graphic works; tableaux and motion-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 motion pictures or of settings for the production of motion pictures. (These, however, when printed and published, are registrable as ‘“‘ books.’’) 9. Dramatico-musical compositions include principally Periodicals. Lectures, etc. Dramatic com- positions, ete. Dramatico-mu- sical comp osi - operas, operettas, and musical comedies, or similar pro- "5: °- ductions which are to be acted as well as sung. Ordinary songs, even when intended to be sung from oe ene the stage in a dramatic manner, or separately published songs from operas and operettas, should be registered as musical compositions, not dramatico-musical compo- sitions. 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 regis- tered 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 pro- ished. Musical compo- itions. 8 RULES FOR THE REGISTRATION vided for in the copyright act; but if published with copyright notice and copies are ’ deposited with applica- .tion, registration will be made. 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 i imaginary regions which do not have a real existence. Works ofart. 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. toys: games, No copyright exists in toys, games, dolls, advertising a novelties, instruments or tools of any kind, glassware, embroideries, garments, laces, woven fabrics, or any similar articles. Reproductions 13. (h) Reproductions of works of art.—This term refers of works of art. to such reproductions (engravings, woodcuts, etchings, casts, etc.) as contain in themselves an artistic element distinet from that of the original work of art which has been reproduced. since wicks, 14. (@) Drawings or plastic works of a scientific or tech- nical character.—This term includes diagrams or models illustrating scientific or technical works, architects’ plans, designs for engineering work, etc. Photographs, = 15. (j) Photographs.—This term covers all positive prints from photographic negatives, but not half tones or other photo-engravings. see 1G (k) Prints and pictorial ilistrations—This term ‘dons. comprises all printed pictures not included in the various other classes enumerated above. 17. @) Motion-picture photoplays. 18. (m) Motion pictures other than photoplays. 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.”’ Trade-marks can not be copyrighted nor registered in the Copyright Office. OF CLAIMS TO COPYRIGHT. 9 HOW TO SECURE REGISTRATION. 19. Copyright registration may be secured for: eee eee (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) Lec- tures, sermons, addresses, or similar productions for oral delivery; (6) dramatic and musical compositions; (ec) photographic prints; (d) works of art (paintings, draw- ings and sculptures); (e) plastic works; (f) motion-picture photoplays; and (g) motion pictures other than photo- plays. In order to secure copyright in such unpublished works, , Beestotien 91 the following steps are necessary: ee 20. (1) In the case of lectures, sermons, addresses, and dramatic and musical compositions, deposit one type- written 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. 21. (2) In the case of photographs, deposit one copy pope of a positive print of the work. (Photo-engravings or photogravures are not photographs within the meaning of this provision.) 22. (3) In the case of works of art, models or designs Te a la for works of art, or drawings or plastic works of a scien- tific or technical character, deposit a photograph or other identifying reproduction. (4) In the case of motion-picture photoplays, deposit Motion pictures. a title and description, with one print taken from each scene or act. (5) In the case of motion pictures other than photo- plays, deposit a title and description, with not less than two prints taken from’ different sections of the complete motion picture. 66711—14—-2 10 RULES FOR THE REGISTRATION In each case the deposited article should be accom- panied by an application for registration and a money order for the amount of the statutory fee. ot Reproduction 23. Any work which has been registered under section sa 11, 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. Deposit of 24, After publication of the work with the copyright ee 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 none 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. .,Definition of 25. Published works are such as are printed or other- wae eo Wise produced and “placed on sale, sold, or publicly distributed.” Works intended for sale or general dis- tribution must first be printed with the statutory form of copyright notice inscribed on every copy intended to be circulated. NOTICE OF COPYRIGHT. ¥orm of notice. 26. The ordinary form of copyright notice for books, periodicals, dramatic and musical compositions is “‘Copy- right, 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 PeneHeny 8 name should be printed in such cases. ectort. form. of 27. In the case of maps, Murcanaihe, reproductions of works of art, prints or pictorial illustrations, works of art, models or designs for works of art, and plastic works OF CLAIMS TO COPYRIGHT. 1l of a scientific or technical character, the notice may consist of the letter C, inclosed within a circle, thus ©, accompanied with the initials, monogram, mark, or sym- bol 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 perma- nent base or pedestal of the work. 28. The prescribed notice must he affixed to each copy Notice: ogrom 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 copy- right act. AMERICAN MANUFACTURE OF COPYRIGHT BOOKS. 29. The following works must be manufactured in the 4.¥.97**,Pi2; United States in order to secure copyright: States. (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 typesetting 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. (6) All illustrations within a book produced by litho- graphic process or photo-engraving process and all sepa- rate 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 lo- cated in a foreign country and illustrate a scientific work or reproduce a work of art.”’ 30. Books by foreign authors in any language other ,,00Ks by for than English are not required to be printed in the United States. In the case of books printed abroad’ in the English , Books printed language an ad interim term of copyright of thirty days 12 RULES FOR THE REGISTRATION 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 intervm term, printed or produced within the limits of the United States as required in section 15 of the copyright act. APPLICATION FOR REGISTRATION. Application for r{ lon. registrati 31. The application for copyright registration required to be sent with each work must state the following facts, without which no registration can be made: (1) The name and address of the claimant of copyright. (2) The name of the country of which the author of the work is a citizen or subject. (3) The title of the work. (4) The name and address of person to whom certifi- cate is to be sent. (5) In the case of works reproduced in copies for sale or publicly distributed, the actual date (year, month, and day) when the work was published. 32. In addition, it is desirable that the application should state for record the name of the author. If, how- ever, 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 a citizen. An author, a citizen of a foreign country having no copyright rela- tions with the United States, may secure copyright in this country, if at the time of publication of his work he is domiciled in the United States. The fact of such domicile in the United States should be expressly stated in the application, including a statement of this place of domi- cile. 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 state- ments made in the work itself. Name of author. Nationality of author. OF CLAIMS TO COPYRIGHT. APPLICATION FORMS. 13 33. The Copyright Office has issued the following ap- ,,APPlication plication forms, which will be furnished on request, and should be used when applying for copyright registration: Al. New book printed and published for the first time in the United States; also United States edition of Eng- lish book. A2. Book reprinted in the United States with new copyright matter. A3. Book by foreign author in foreign language. A4. Ad iterim for 30 days. Book published abroad in the English language. A5. Contribution to a newspaper or periodical. Bl. Periodical. For registration of single issue. B2. Periodical. For use with trust fund. C. Lecture, sermon, or address. D1. Published dramatic composition. D2. Dramatic composition not reproduced for sale. D3. Published dramatico-musical composition. D4. Unpublished dramatico-musical composition. E. New musical composition published first time. E1. Musical composition republished with new copy- right matter. 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. Il. Published drawing or plastic work of a scientific or technical character. 12. Unpublished 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. L1. Motion-picture photoplay reproduced for sale. L2. Motion-picture photoplay not reproduced for sale. M1. Motion picture, not a photoplay, reproduced for sale. M2. Motion picture, not a photoplay, not reproduced for sale. R1. Renewal of a copyright for 28 years. R2. Extension of a renewal copyright for 14 years. 14 RULES FOR THE REGISTRATION AFFIDAVIT OF MANUFACTURE, pAfdevit tor 34, 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 litho- graphic 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 dorie. (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 book 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. cane of publi: Section 62 of the copyright act defines the date of pub- lication 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.” peda’ 35. 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. 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. Ex- attr by appli-nerience 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 ‘an be taken only by individuals. Failure to state in what capacity the affiant takes the oath, whether as claimant, agent of the claimant, or OF CLAIMS TO COPYRIGHT. 15 printer. Where a corporation or firm is the claimant, the affiant should swear as agent. Failure to state the exact date of publication or com- pletion 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 swear- ing 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 publication has taken place. 36. The affidavit may be made by: (1) The person 4.3%, whom claiming the copyright; or (2) his duly authorized agent ™*4 or representative residing in the United States; or (3) the printer who has printed the book. The person making the affidavit should state in which of the above-mentioned capacities he does so. 37. In the case of a foreign author applying for a book Pook freien 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 in- terim copyright is sought to be extended to the full term. The affidavit is only required for BOOKS. PERIODICALS (FORM B). 38. Application should be made in the same manner Periodicals. 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 pub- lication. 16 RULES FOR THE REGISTRATION CONTRIBUTIONS TO PERIODICALS (FORM 45). opegnigibations 39. If special registration is requested for any contri- bution 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 clip- ping or page containing the contribution does not com- ply with the statute. The date of publication of a periodical is not necessa- rily 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 ear- lier or later than the date printed on the title-page. AD INTERIM APPLICATIONS (FORM A4). Ad interim 40. Where a book in the English language has been or 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 nation- ality of the author; (2) Name, nationality, and address 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 have thereafter been promptly deposited, the copyright claim therein may be registered the same as any other book (Form A1). MAILING APPLICATIONS AND COPIES. me idressofmail 41. 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. OF CLAIMS TO COPYRIGHT. 17 No franking label is issued by the Copyright Office for this purpose. FEES. 42. The fee required to be paid for copyright registra- Copyright fees. tion is $1, except that in case of photographs it is only 50 cents when no certificate of registration is desired. All remittances to the.Copyright Office should be sent Remittances. by money order or bank draft. Postage stamps should not be sent for fees or postage. Checks can not be ac- cepted unless certified. Coin or currency inclosed in let- ter 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. 43. When a copyright has been assigned the instru- , Assignments of ment 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. The assignment will be returned by registered mail, if the post-office registration fee (10 cents) is sent for that purpose. : 44, The fee for recording and certifying an assignment ,, Fe jor mecore- 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. 45. After the assignment has been duly recorded, the Na? oft’ assignee may substitute his name for that of the assignor. in the copyright notice on the work assigned. Such sub- stitution 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, 46. Whenever the owner of the copyright in a musical , Noticeofuser of composition uses such music in phonographs himself or permits anyone else to do so, he must send a notice of 18 RULES FOR THE REGISTRATION such use by him or by any other person to the Copyright Office to be recorded.! conotice in ab 47, Whenever any person in the absence of a license intends to use a copyrighted musical composition upen 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. exnewals and 48, Application for the renewal or extension of a sub- sisting 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, wid- ower, 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. conenewal for 49. If the work be a composite work upon which copy- right was originally secured by the proprietor thereof, then such proprietor is entitled to the privilege of re- newal and extension. Renewal fee. 50. 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. Searches. 51. 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 "Presidential proclamations have heen issued under section 1 (e), securing “‘copyright controlling the parts of instrumeats serving to reproduce mechanically the musical work” in behalf of Belgium, Cuba, Germany, Hungary, Luxemburg, and Norway. OF CLAIMS TO COPYRIGHT. entry; in the case of an assignment, the name of the as- signor or asignee or both, and the name of the copyright claimant and the title of the music referred to in case of notice of user.? ~The statutory fee for searches is 50 cents for each full hour of time consumed in making such search. 1 Note.—The law provides as follows: ‘‘That the record books of the copyright office, together with the indexes to such record books, and all works deposited and retaiaed 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.’’ (Sec. 58, act of Mar. 4, 1909.) Search fee. 19 INDEX TO RULES AND REGULATIONS FOR THE REGISTRATION OF CLAIMS TO COPYRIGHT. Account books, term ‘‘book’’ can not be applied to, p. 6. Acrobatic tricks not included in ‘‘dra- matic composition,’’ p. 7. Actions. See Suits for infringement. Acts respecting copyright, p. 5. Ad interim copyright. See Interim copy- right. Adaptations of musical compositions, may be registered as new works, p. 7. Addresses: May be copyrighted, p. 7. Unpublished, one copy must be de- posited, p. 9. Administrators of author or proprietor may obtain copyright, p. 6. Advertising novelties not subject to copy- right, p. 8. Affidavit of American manufacture: Required for books in English lan- guage, pp. 13-15. Exceptions to requirement, p. 15. Errors to be avoided in making, p. 14. May be made before authorized United States officer, p. 14. —— by copyright claimant, p. 15. ——- by authorized agent or represent- ative of copyright claimant, p. 15. ~—— by printer of book, p. 15. Must not be made before publica- tion, p. 15. Shall state date of publication, p. 14. Shall state place and establishment where book was bound, p. 14. — where book was printed, p. 13; p. 14. —— where lithographic or photo-en- graving process was performed, p. 13. —— where type was set, p. 13. Alien author, p. 5. American manufacture, requirement of: Affidavit of manufacture required, pp. 13-15. Exceptions to, p. 11; p. 15. American manufacture, requirement of — Continued. Required for books in typesetting, printing, and binding, p. 11. Required for lithographs or photo- engravings, p. 11. Animal shows, not included in ‘‘dramatic composition,’’ p. 7. Anonymous works, name of author may be omitted in application for registra- tion, p. 12. Application for copyright registration: Facts required to be stated, p. 12. For ad interim registration, p. 16. For renewal of copyright, p. 18. Forms to be used when applying for copyright registration, p. 12. Should accompany articles deposited, p. 9; p. 10. Should be addressed to the Register _ of Copyrights, p. 16. Architects’ plans may be copyrighted, p. 8. Arrangements of musical compositions may be registered as new works, p. 7. Artistic works. See Works of art. Assignee, renewal or extension in name of, can not be recorded, p. 18. Assignment of copyright: Assignee may substitute name for as- signor, in notice of copyright, p. 17. By any instrument of writing, p. 17. Domestic, must be recorded within three months, p. 17. Fee for recording, p. 17. Foreign, must be recorded within six months, p. 17. Assigns of author or proprietor may obtain copyright, p. 6. Astrological charts not included in term “maps,” p. 7. Austria, proclamation securing copyright privileges to subjects of, p. 5 (note). Author: Alien, domiciled in United States, p. 5. 21 22 Author—Continued. Citizen of foreign country may secure copyright, p. 5. If stated in application for registra- tion, name must agree with work, p. 12. May obtain copyright, p. 5. ——— renewal of existing copyright, p. 18. . Nationality must be stated in appli- cation for registration, p. 12. —— defined, p. 12. Of anonymous or pseudonymous works, may omit real name from application, p. 12. Term may include employer in case of work made for hire, p. 12. Ballets not included in ‘‘dramatic com- position,’’ p. 7. Bank deposit. books, term ‘‘book”’ can not be applied to, p. 6. Bank draft or money order, all remit- tances should be sent by, p. 16. Belgium, proclamation securing copyright privileges to subjects of, p. 5 (note); p. 17 (note). Binding of book: Affidavit required, p. 14. Must be performed within United States, p. 11. Blank books used in business, term “book” can not be applied to, p. 6. Books: Application forms, pp. 12-13. Definition of term, p. 6. Must be manufactured in the United States, p. 11. Printed abroad in the English lan- guage may secure interim protec- tion, p. 11.. Seeking ad interim protection do not require affidavit, p. 15. By foreign author, in English Jan- guage, requires affidavit of Ameri- can manufacture, p. 15. —— in foreign languages need not be type-set in United States, p. 11. By foreign author, in foreign lan- guages, do not require affidavit of American manufacture, p. 15, Bulletins of societies may be copyrighted, p. 7. -Claim of copyright. INDEX. Business blank books, not included in term ‘‘books,’’ p. 6. Card as a printed literary work, may be copyrighted, p. 6. Cartographical works included in term “maps,” p. 7. Casts included in “‘reproductions of works of art,”’ p. 8. : Catalogues: : Subject-matter of copyright, p. 6. Certificate of registration: Claimant of copyright entitled to, p. 6. Duplicate may be obtained on pay- ment of 50 cts., p. 6. Charts may be copyrighted, p. 6.. Check books, term ‘‘ book” can not be ap- plied to, p. 6. Checks can not be accepted for fees unless certified, p. 16. Children of author may secure renewal of copyright, p. 18. Chile, proclamation securing copyright privileges to citizens of, p. 5 (note). | China, proclamation securing copyright privileges to citizens of, p. 5 (note). Choregraphic works not included in “dramatic composition,” p. 7. Circulars included in term ‘‘books,”’ p. 6. Circus tricks not included in ‘‘dramatic composition,” p. 7. Citizen: , Of the United States may obtain copyright, p. 5. Or subject of foreign country who may obtain copyright, p. 5. Citizenship defined, p. 12. See Notice of copy- right. | Claimant of copyright: Name and address must be stated in application for registration, p. 12. —— Should agree with name in work, p. 12. Comedies: May be copyrighted, p. 7. Musical, may be copyrighted, p. 7. Compilations, literary, may -be copy- righted, p. 6. Composite work, proprietor of, may se- cure renewal and extension of copy- right, p. 18. INDEX. Contracts, forms of, term “book” can not be applied to, p. 6. Contributions to periodicals. odical contributions. Copies, deposit of. See Deposit of copies. Copyright secured by printing and pub- lishing with notice of claim, p. 5. Copyright deposits. See Deposit. Copyright notice. See’Notice of copy- right. Copyright records, fee for search of, 50 cts. an hour, p. 18. Corporation, name of, may be used in copyright notice, p. 10. Cost tables may be copyrighted, p. 6. Costa Rica, proclamation securing copy- right privileges to citizens of, p. 5 (note). Countries, foreign, granting reciprocal protection’ to United States authors, p. 5 (note); p. 17 (note). Coupons, term “‘book” can not be ap- plied to, p. 6. Cuba, proclamation securing copyright privileges to citizens of, p. 5 (note); p. 17 (note). Dances not included in ‘‘dramatic com- positions,’’ p. 7. : Date of publication: Definition of, p. 14. Must be stated in application for registration, p. 12. Must not antedate making of affi- davit, p. 15. Definition: Of ‘‘date of publication,’’ p. 14. Of ‘nationality of author,’’ p. 12. Of “promptly” depositing copies, p. 10. Of ‘‘published” works, p. 10. Denmark, proclamation securing copy- right privileges to citizens or subjects of, p. 5 (note). ‘ “Deposit of copies: Free transmission through the mails, p. 16. One copy of foreign work in foreign language, p. 5 (note). One copy within 30 days from pub- lication for ad interim protection, p. 16. See Peri- Outline or epitome not sufficient, p 9. | 23 Deposit of copies—Continued. Receipt from postmaster, p. 16. Required before action for infringe- ment can be maintained, p. 6. Shall be made promptly, p. 10. Two copies of best edition required, p. 10. Unpublished works, one copy must be deposited, p. 9. Deposit of money may be made against which fees will be charged, p. 16. Deposits, copyright: Fee for search, 50 cts. for each full hour, p. 18. Descriptions of moving pictures, p. 6; p. 7. Designs: For engineering work, subject to copyright, p. 8. For works of art, unpublished,-deposit of reproduction required, p. 9. Diagrams not included in term “maps,’’ p. 8. Dialogue, synopsis of, not sufficient for deposit of copies, p. 9. Diaries, blank, term ‘‘book” can not be applied to, p. 6. Directories may be copyrighted, p. 6. Dolls not subject to copyright, p. 8. Domicile, place of, must be stated, p. 12. Dominican Republic, p. 5 (note). Draft (bank) or money order, all remit- tances should be sent by, p. 16. Dramatic compositions: Application forms, p. 13. Subject-matter of copyright, p. 7. Not included in term ‘‘books,’’ p. 6.: Unpublished, one copy must be de- posited, p. 9. Dramatico-musical compositions: Subject matter of copyright, p. 7. Drawings: Included in term ‘‘ works of art,’’ p. 8. Unpublished, deposit of reproduction required, p. 9. Scientific or technical, subject mat- ter of copyright, p. 8. Of imaginary regions not included in term ‘‘maps,’’ p. 8. Ecuador, p. 5 (note). Embroideries not subject to copyright, p. 8. Employer considered as author in case of works made for hire, p. 12. 24 Encyclopzdias may be copyrighted, p. 6. Engineering work, designs for, may be copyrighted, p. 8. England. See Great Britain. Engravings, included in “reproductions of works of art,”’ p. 8. Epitome must not be deposited instead of complete work, p. 9. Errors to be avoided in making of affi- davit, p. 14. Etchings, included in “reproductions of works of art,” p. 8. Exceptions: To affidavit of American manufac- ture, p. 15. To manufacturing clause, p. 11. Executors of authors: May obtain copyright, p. 6. May secure renewal of copyright, p. 18. Extension of existing copyright: Application for, within one year prior to expiration of term, p. 18. Fee for recording, 50 c., p. 18. Who may secure, p. 18. Proprietor of composite work entitled to, p. 18. Only in name of person mentioned in sec. 24, p. 18. Fabrics, woven, not subject to copyright, p. 8. Fees: For ad interim registration, $1, p. 16. For duplicate certificate of registra- tion, 50 cts., p. 6. For recording assignment, $1, p. 17. For recording photographs, 50 cts., p. 16. For recording renewal or extension of copyright, 50 cts., p. 18. For recording transfer of proprietor- ship, 10 cts., p. 17. For registration, with certificate, $1, p. 16. For searches, 50 cts. an hour, p. 18. May be charged against a sum of money deposited in advance, p. 16. Should be remitted by money order or bank draft, p. 16. Fine arts, works of the. art. Folders included in term ‘“‘books,”’ p. 6. See Works of INDEX. Foreign assignment must be recorded within six months, p. 17. Foreign author: Citizen or subject of country granting reciprocal protection may obtain copyright, p. 5. Domiciled and first publishing in United States may obtain copy- right, p. 5; p. 12. When affidavit of American manufac- ture is required, p. 15. Foreign books: In English language, may secure ad interim copyright, p. 16. In foreign language, need not be manufactured in United States, p. 11. Foreign countries granting reciprocal copyright protection, p. 5 (note); p. 17 (note). Forms, term “book” can not be applied to, p. 6. Forms of information, tabulated, may be copyrighted, p. 6. France, proclamation securing copyright privileges to citizens of, p. 5 (note). Franking labels, none issued by Copy- right Office, p. 16. Free transmission of copyright material, p. 16. Games: Not subject to copyright, p. 8. Garments not subject to copyright, p. 8. Gazetteers may be copyrighted, p. 6. Germany,. proclamation securing copy- right privileges to subjects of, p. 5° (note); p. 17 (note). Glassware not subject to copyright, p. 8. Great Britain, proclamation securing copyright privileges to subjects of, p. 5 (note). Guatemala, proclamation securing copy- right privileges to citizens of, p. 5 (note). Half-tones not included in “photo- graphs,’’ p. 8. Holland. See Netherlands. Honduras, proclamation securing copy- right privileges to citizens of, p. 5 (note). Hungary, proclamation securing copyright privileges to subjects of, p. 5 (note); p. 17 (note). INDEX. Illustrations: In books must be manufactured in United States, p. 11. Prints and pictorial, p. 8. Indexes, fee for search of, 50 cts. per hour, p. 18. ‘ Industrial arts, productions of the, not subject to copyright registration, p. 8. Infringement, action for, can not be main- tained until copies have been deposited and registration made, p. 6. Instrumental compositions included in “musical compositions,”’ p. 7. Instruments: For mechanical music, p. 17. Not subject to copyright, p. 8. Interest tables may be copyrighted, p. 6. Interim copyright: Books seeking, do not require affi- davit, p. 15. —need not be manufactured in United States, p. 11. Deposit of one copy within 30 days from publication, p. 16. Extension of term for United States edition, p. 11; p. 16. Notice of copyright not required in books for, p. 11. Term of, p. 11. {taly, proclamation securing copyright privileges to subjects of, p. 5 (note). Japan, proclamation securing copyright privileges to subjects of, p. 5 (note). Journals, blank books, term ‘‘book” can not be applied to, p. 6. Laces not subject to copyright, p. 8. Landscapes not included in term ‘‘maps,”’ p. 8. Leaflets may be copyrighted, p. 6. Leases, forms of, term ‘‘book” can not be applied to, p. 6. Lectures: Application form C, p. 13. May be copyrighted, p. 7. Unpublished, one copy must be de- posited, p. 9. Librettos may be copyrighted, p. 6. License for mechanical reproduction of music, p. 17. Literary contributions to periodicals, in- cluded in term ‘‘book,’’ p. 6. reproduction of 25 Literary works included in term “‘books,”’ p. 6. Lithographic process, must be performed within United States, p. 11. Lithographs: Must be manufactured in United States, p. 11. Representing foreign subjects ex- cepted in manufacturing clause, p. ll. Logarithmic tables may be copyrighted, p. 6. Luxemburg, proclamations, p. 5 (note); p. 17 (note). Magazines included in term ‘‘periodi- cals,’’ p. 7. _Mails, free transmission through the, p. 16. Manufacturing clause: Affidavit required, pp. 13-15. Bookz, p. 11. Illustrations in books, p. 11. Lithographs or photo-engravings, p. 11. Exceptions to, p. 11. Manuscript copies of unpublished works, one copy must be deposited, p. 9. Manuscript works, registration of, p. 5. Maps: Subject matter of copyright, p. 7. Notice of copyright, p. 10. Marine charts included in term ‘tmaps,”’ p. 7. Mathematical compututions, tables of, may be copyrighted, p. 6. Mechanical devices for stage effects not included in ‘‘dramatic composition,’’ p. 7. Mechanical reproduction of music: Notice of intention to use, p. 17. Proclamations relating to, p. 17 (note). 5 Memorandum books, term ‘‘book” can not be applied to, p. 6. ; Mexico, proclamation securing copyright privileges to citizens of, p. 5 (note). Models: : For scientific or technical works, copyrightable, p. 8. For works of art, notice of copyright on, p. 11. —— unpublished, deposit of repro- duction required, p. 9. 26 Money order or bank draft, all remit- tances should be sent by, p. 16. Motion-picture photoplays, p. 8. Application forms, p. 13. Motion pictures: Application forms, p. 13. Subject matter of copyright, p. 8. Descriptions of, included in term “book,” p. 6; p. 7. Not included in term composition,”’ p. 7. Musical comedies included in ‘‘dra- matico-musical compositions,” p. 7. Musical compositions: Application forms, p. 13. Notice of intention to reproduce me- chanically, p. 17. ‘dramatic Text printed alone should be regis- tered as ‘‘book,’’ p. 7. Unpublished, one copy must be de- posited, p. 9. What the term includes, p. 7. Name: Of author stated in application for registration must agree with name in work, p. 12. Of claimant of copyright must be stated in application for registra- tion with address, p. 12. Nationality of author: Definition of, p. 12. Must be stated in application for registration, p. 12. Netherlands, proclamation securing copy- right privileges to subjects of, p. 5 (note). Newspapers, contributions to, included in term “‘books,”’ p. 6. Newspapers included in term ‘‘periodi- cals,’ p. 7. Next of kin, in absence of a will, may secure renewal of copyright, p. 18. Nicaragua, copyright privileges for citi- zens of, p. 5 (note). Norway, proclamation securing copyright privileges to subjects of, p. 5 (note); p. 17 (note). , Notice of copyright: Assignee may substitute his name for assignor, p. 17. Forms prescribed, p. 10. INDEX, Notice of copyright—Continued. Must be inserted in each copy, p. 10. Name of the claimant, p. 10. Not required for ad interim protec- tion, p. 11. Pseudonym can not be inserted in, p. 10. Publication with notice initiates copyright, p. 5. Notice of users of musical work for me- chanical reproduction: To be filed in copyright office, p. 17. To be served upon proprietor, p. 17. Novelties, advertising, not subject to copyright, p. 8. Operas, included in ‘‘dramatico-musical compositions,” p. 7. Operettas, included in “dramatico-musi- cal compositions,”’ p. 7. Outline must not be deposited instead of complete work, p. 9. Paintings may be copyrighted, p. 8. Pamphlets may be copyrighted, p. 6. Panama, p. 5 (note). Periodical contributions: Application forms, p. 13. Date of publication of issue must be stated in application, p. 15. Deposit of only one copy of issue re- quired, p. 15. Included in term ‘‘books,”’ p. 6. Periodicals: Application forms, p. 18. Definition of term, p. 7. No affidavit of American manufacture required, p. 15. Separate registration for each num- ber, p. 15. ; Title can not be registered in advance of publication, p. 15. Phonographic reproduction of music; notice of use, p. 17. Photo-engraving process must be per- formed within United States, p. 11. Photo-engravings: Must be manufactured in United States, p. 11. Not included in ‘‘photographe,’’ p. 9. Representing foreign subjects ex- cepted in manufacturing clause, p. ll. INDEX. Photographs: Fee for registration with certificate, $1; without certificate, 50 cts., p. 16. Notice of copyright, p. 11. Subject-matter of copyright, p. 8. Unpublished, one copy must be de- posited, p. 9. Photogravures, not included in ‘‘photo- graphs,” p. 9. Photoplays: Subject matter of copyright, p. 8. Deposit required, p. 9. Application forms, p. 18. Pictorial illustrations, subject-matter of copyright, p. 8. Plans, architectural, may be copyrighted, p. 8. Plastic works: Subject-matter of copyright, p. 8. Notice of copyright, p. 10. Unpublished, deposit of reproduction required, p. 9. Plates, must be made from type set in United States, p. 11. Plats, included in term ‘‘maps,’’ p. 7. Poems may be copyrighted, p. 6. Portugal, proclamation securing copy- right privileges to citizens’ of, p. 5 _(note). Postage stamps should not be sent for fees or postage, p. 16. Postal cards, as such, not subject to copy- right, p. 8. Postmaster shall give receipt for articles deposited in mails, p. 16. Printing of book: Affidavit required, p. 13. And publishing with notice secures copyright, p. 5. Must be performed within United States, p. 11. , Prints and pictorial illustrations: Notice of copyright, p. 10. Subject-matter of copyright, p. 8. Proceedings of societies, p. 7. Proclamation, presidential, for interna- tional copyright, p. 5 (note); p. 17 (note). Proprietor: Can not claim copyright in work of author not himself entitled thereto, p. 5. 27 Proprietor—Continued. Must be notified by user of musical compositions, p. 17. Of a work derives title to copyright from author, p. 5. Of composite work, may secure re- newal and extension of copyright, p. 18, Pseudonym can not be used in notice of copyright, p. 10. Pseudonymous works, real name of author may be omitted in application for regis- tration, p. 12. Publication: Date of, definition, p. 14. —— Must be stated in application for registration, p. 12. —— Must not antedate making of affidavit, p. 15. First, in United States, required of resident alien author, p. 5. Of periodicals, p. 15. Of work registered as unpublished, another entry must be made, p. 10. Should precede registration, p. 5, p. 6. With notice initiates copyright, p. 5. Published works: Definition of, p. 10. Deposit of copies of, p. 10. How to secure registration, p. 10. Receipt, postmaster will give, for deposit, p. 16. Record books, blank, used in business, term ‘‘book’’ can not be applied to, p. 6. Records, fee for search, 50 cts. for each full hour, p. 18. Registration of copyright claim: Application for, p. 12. Can be made after publication, p. 5, p. 6. Fee for, $1; for photograph without certificate, 50 cts., p. 16. How to secure, p. 8. Of manuscript works, p. 5. — See also Unpublished works. Of periodical contributions, p. 15. Remittances should be made by money order or express order, p. 16. Renewal of copyright: Author, widow, widower, child, chil- dren, executors, or next of kin, may secure, p. 18. 28 Renewal of copyright—Continued. Fee for recording, 50 cts., p. 18. In name of assignee can not be re- | corded, p. 18. Only in name of person mentioned in sec. 24, p. 18. Proprietor of composite work may secure, p. 18. Registration must be made within one year prior to expiration of original term, p. 17. Reproductions of works of art: Notice of copyright, p. 10. Subject-matter of copyright, p. 8. Resident, alien, in United States who may obtain copyright, p. 5. Reviews included in term ‘‘periodicals, ”’ p. 7. Salvador, proclamation, securing copy- right privileges to citizens of, p. 5 (note). Scientific drawings or plastic works, sub- ject-matter of copyright, p. 8. Scientific work, illustrations in, p. 11. Sculpture may be copyrighted, p. 8. Searches: Clear statement should be sent, p. 18. Fee for, 50 cts. an hour, p. 18. Serial publications included in term ‘‘pe- riodicals,’”’ p. 7. Sermons: May be copyrighted, p. 7. Unpublished, one copy must bede- posited, p. 9. Sleight-of-hand performances, not in- cluded in ‘‘dramatic composition, ’’ p.7. Societies, bulletins or proceedings of, p. 7. Song: Copyrightable as ‘‘musical composi- tions,’’ p. 7. Words of, may be copyrighted as‘a “book,” p. 6, p. 7. Spain, proclamation securing copyright privileges to subjects of, p. 5 (note). Stage business, not included in ‘‘dramatic composition,’’ p. 7. Stage settings, not included in ‘‘dramatic composition, ’’ p. 7. Stamps (postage) should not be sent as copyright fees or for return postage, p. 16. INDEX. Star maps included in term ‘maps,’ p. 7. Subject matter of copyright, pp. 6-8. Suits for infringement can not be main- tained until copies have been deposited and registration made, p. 6. Sweden, proclamation, p. 5 (note). Switzerland, proclamation securing copy- right privileges to citizens of, p: 5 (note). Synopsis, not sufficient for deposit of copyright work, p. 9. Tableaux not included in composition,’’ p. 7. Tables of mathematical computations may be copyrighted, p. 6. ‘‘dramatic | Tabulated forms of information may be copyrighted, p. 6 Technical drawings or plastic works sub- ject matter of copyright, p. 8. Term of copyright: Ad interim term, 30 days, p. 11. See also Renewal of copyright. Terrestrial maps may be copyrighted, p. 7. Title: Of work must be stated in applica- tion for registration, p. 12. —— should agree with work itself, p. 12. Title to copyright in a work derived by proprietor from author, p. 5. Tools not subject to copyright, p. 8. Toys, no copyright in, p. 8. Trade-marks not registrable in Copyright Office, p. 8. Trade name may be used in copyright notice, p. 10. ; Transfer of proprietorship, fee for record- ing, 10 cts., p. 17. Transmission of copyright matter, p. 16. Transpositions of musical compositions, p.- 7. Tunis, proclamation, p. 5 (note). Type set within the United States: Affidavit required, p. 13. Books must be printed from, p. 11. Plates to be made from, p. 11. Typewritten copies of unpublished works, one copy may be deposited, p. 9. INDEX. Unpublished works: Definition, p. 8. Classes of articles included, pp. 8-9. Registration when published "in copies for sale, p. 9 Vocal compositions included in musical compositions, p. 7. Wage tables may be copyrighted, p. 6. Who may secure copyright, p. 5. Who may secure renewal of copyright, p. 18. Widow or widower of author may secure renewal of copyright, p. 18. 29 Woodcuts included in ‘‘ reproductions of works of art,’”’ p. 8. Words of a song may be copyrighted as a “book,’’ p. 6. Works, subject matter of copyright, pp, 6-8. Works of art: Notice of copyright, p. 10. Subject matter of copyright, p. 8. Unpublished, deposit of reproduc- tion required, p. 9. Woven fabrics not subject to copyright, p. 8. O LIBRARY OF CONGRE} COPYRIGHT OFFICH ACT 1 AND 2 GEO, 5. CH. 46 yt AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO COPYRIGHT, PASSED DECEMBER 16, 1911 INDEXED PRINT COPYRIGHT OFFICE BULLETIN No. 16 WASHINGTON GOVERNMENT PRINTING OFFICE 1914 PUBLICATIONS OF THE COPYRIGHT OFFICE. The following 5 bulletins and circulars have been issued by the Copyright Office and may be had free on request to the Register or Copyricats, LIBRARY oF Con- Gress, WasHINeTON, D. C.: Buipetin No. 14. : . . The Copyright Law of the United States of America, being the Act of March 4, 1909 (in force July 1, 1909), as amended by the Acts of August 24, 1912, March 2, 1913, and March 28, 1914, together with Rules for Practice and Pr6- cedure under Section 25, by the Supreme Court of the United States. 52 pp. 8°. 1914. Boutetin No. 15. ; . gavel and Regulations for the registration of claims to copyright. 26 pp. . 1913. Buuetin No. 16. sé Copyright in England. Act land 2 Geo. 5. ch. 46. An Act to amend and Soneoliate the law relating to copyright, passed December 16, 1911. 54 pp. . 1914. : INFORMATION OrrcuLaR No. 4. . International Copyright Convention. Berne, 1886, and Amendments agreed to at Paris, 1896. l5pp. 4°. INFORMATION CrrcuLaR, No. 4 A. . ) International Copyright Convention. Revised text, Berlin, 1908. 12pp. 4°. The following publications were issued in limited editions, but may be had (so far as any are still available) from the SUPERINTENDENT OF DocuMENTS, WASHING- ton, D. C., upon payment of the nominal price given, which includes postage. Postal money orders or drafts should be made payable and addressed to the SupER- INTENDENT OF DocumENTs. Stamps and uncertified checks are not accepted. Buiietin No. 3. Paper, l5c.; cloth, 35c. Copyright Enactments of the United States, 1783-1906. 2d ed., rev... 174 pp. 8°. 1906. Buuzetin No. 6. Paper, 10c. Copyright in Canada and Newfoundland. 1+126pp. 8°. 1903. Buiuetin No. 7. Paper, 5c. Foreign Copyright Laws. A list of foreign copyright laws now in force, with citations of printed texts and translations, etc. 86 pp. 8°. 1904. Butuxetin No. 8. Cloth, 65c. Copyright in Congress, 1789-1904. A bibliography, and chronological record of all proceedings in Congress in relation to copyright. 468 pp. 8°. 1905. Buttetin No. 9. Paper, 5c. The Provisions of the United States Copyright Laws with a summary of some parallel provisions of the copyright laws of foreign countries. 51 pp. 4°. 1905. Buiuetin No. 11. Paper, 10c. Copyright in Japan. Law of March 3, 1899, and copyright convention between the United States and Japan, May 10, 1906, together with the text of earlier enact- .« ments. v+50pp. 8°. 1906. # : Butretin No. 12. Paper, 15c. The Copyright bill (S. 6330; H. R. 19853) compared with copyright statutes now in force and earlier copyright enactments. 86 pp. 4°. 1906. Butietin No. 13. Paper, 10c. International Copyright Union. Berne convention, 1886; Paris convention, 1896; Berlin convention, 1908. Report of [Thorvald Solberg] the delegate of the United States to the International conference for the revision of the Berne Copy- right Convention, held at Berlin, Germany, October 14 to November 14, 1908. 69 pp. 4°. 1908. Report on Copyright Legislation, by the Register of Copyrights, with list of United States copyright laws, Revised Statutes relating to copyrights, with subsequent enactments, and list of foreign copyright laws. 159 pp. 8°. 1904. Cloth, 300.258 Nore.—Bulletins Nos. 1, 2, 4, and 5 have been superseded; Bulletin No. 10 ig _ exhausted. oe LIBRARY OF CONGRESS COPYRIGHT OFFICE COPYRIGHT IN ENGLAND ACT 1 AND 2 GEO. 5. CH. 46 AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO COPYRIGHT, PASSED DECEMBER 16, 1911 INDEXED PRINT COPYRIGHT OFFICE BULLETIN No. 16 WASHINGTON GOVERNMENT PRINTING OFFIOE 1914 PUBLICATIONS OF THE COPYRIGHT OFFICE. The following 5 bulletins and circulars have been issued by the Copyright Office and may be had free on request to the ReaisteR or CopyricuTs, LIBRARY oF Con- G@Rress, WASHINGTON, D. C.: Butietin No. 14. The Copyright Law of the United States of America, being the Act of March 4, 1909 (in force July 1, 1909), as amended by the Acts of August 24, 1912, March 2, 1913, and March 28, 1914, together with Rules for: Practice and Pro- cous ander Section 25, by the Supreme Court of the United States. 52 pp. Bouuietin No. 15. ee Regulations for the registration of claims to copyright. 26 pp. Buttetin No. 16. Copyright in England. Act land 2 Geo. 5. ch. 46. An Act to amend and eyrchdate the law relating to copyright, passed December 16, 1911. 54 pp. INFORMATION CrrcuLaR No. 4. International Copyright Convention. Berne, 1886, and Amendments agreed to at Paris, 1896. ldpp. 4°. InFoRMATION CrrcuuaR, No. 4 A. . : : International Copyright Convention. Revised text, Berlin, 1908. 12pp. 4°. The following publications were issued in limited editions, but may be had (s0 far as any are still available) from the SUPERINTENDENT OF DocumENTs, WASHING- ton, D. C., upon payment of the nominal price given, which includes postage. Postal money orders or drafts should be made payable and addressed to the SuPER- INTENDENT OF DocumMENTS. Stamps and uncertified checks are not accepted. Buuzetin. No. 3. Paper, 15c.; cloth, 35c. Copyright Enactments of the United States, 1783-1906. 2ded., rev. 174 pp. 8°. 1906. Buiuetin No. 6. Paper, 10c. Copyright in Canada and Newfoundland. 1-+-126pp. 8° 1903. Buitetin No. 7. Paper, 5c. Foreign Copyright Laws. A list of foreign copyright laws now in force, with citations of printed texts and translations, etc. 86 pp. 8°. 1904. Butuetin No. 8. Cloth, 65c. , Copyright in Congress, 1789-1904. A bibliography, and chronological record of all proceedings in Congress in relation to copyright. 468 pp. 8° 1905. Buutetry No. 9. Paper, 5c. . The Provisions of the United States Copyright Laws with a summary of some parallel provisions of the copyright laws of foreign countries. 51 pp. 4°. 1905. Buutietin No. 11. Paper, 10c. Copyright in Japan. Law of March 3, 1899, and copyright convention between the United States and Japan, May 10, 1906, together with the text of earlier enact- ments. v-+50 pp. 8°. 1906. Buwwetin No. 12. re 15c. The Copyright bill (S. 6330; H. R. 19853) compared with copyright statutes now in force and earlier copyright enactments. 86 pp. 4°. 1906. Butetin No. 13. Paper, 10c. : International Copyright Union. Berne convention, 1886; Paris convention, 1896; Berlin convention, 1908. Report of [Thorvald Solberg] the delegate of the United States to the International conference for the revision of the Berne Copy- right Convention, held at Berlin, Germany, October 14 to November 14, 1908. 69 pp. 4°. 1908. Report on Copyright Legislation, by the Register of Copyrights, with list of United States copyright laws, Revised Statutes relating to copyrights, with subsequent enactments, and list of foreign copyright laws. 159pp. 8°. 1904. Oloth, 30c. Notz.—Bulletins Nos. 1, 2, 4, and 5 have been superseded; Bulletin No. 10 is exhausted. CONTENTS. . Page. Copyright act, 1911: 1 and 2 Geo. 5, chap. 46.......... 2222-22022 ceeeeeeeeee 7 ADDENDA—PREvious CoprrigHt Acts Not REPEALED. Fine Arts Copyright Act, 1862: 25 and 26 Vict., chap. 68, secs. 7 and 8........ 37 Customs Consolidation Act, 1876: 39 and 40 Vict., chap. 36, sec. 42........... 39 Musical (Summary Proceedings) Copyright Act, 1902: 2 Edw. 7, chap. 15..... 40 Musical eae Act, 1906: 6 Edw. 7, chap. 36......-.....--.-2--2-----005 41 AMG ReScinciyt Sidhe SAO AAR AS eee aieucbta hae os citer reiten ete voers cis et hehe 45 COPYRIGHT ACT, I9II. [1 and 2 Geo. 5. Ch. 46.] ARRANGEMENT OF SECTIONS. PART I. IMPERIAL COPYRIGHT. RIGHTS. Section. 1. . Infringement of copyright. . Term of copyright. . Compulsory licences. . Ownership of copyright, &c. op ow to Oo on 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Copyright. CIVIL REMEDIES. . Civil remedies for infringement of copyright. . Rights of owner against persons possessing or dealing with infringing copies, &c. . Exemption of innocent infringer from liability to pay damages, &c. . Restriction on remedies in the case of architecture. . Limitation of actions. SUMMARY REMEDIES. Penalties for dealing with infringing copies, &c. Appeals to quarter sessions. Extent of provisions as to summary remedies. IMPORTATION OF COPIES. Importation of copies. DELIVERY OF BOOKS TO LIBRARIES. Delivery of copies to British Museum and other libraries. SPECIAL PROVISIONS AS TO CERTAIN WORKS. Works of joint authors. Posthumous works. Provisions as to Government publications. Provisions as to mechanical instruments. Provision as to political speeches. Provisions as to photographs. Provisions as to designs registrable under 7 Edw. 7. c. 29. Works of foreign authors first published in parts of His Majesty’s dominions to which Act extends. . Existing works. COPYRIGHT IN ENGLAND. APPLICATION TO BRITISH POSSESSIONS. Section. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 387. Application of Act to British Dominions. Legislative powers of self-governing Dominions. Power of Legislatures of British possessions to pass supplemental legislation. Application to protectorates. PART II. INTERNATIONAL COPYRIGHT. Power to extend act to foreign works. Application of Part II. to British possessions. PART III. SUPPLEMENTAL PROVISIONS. Abrogation of common law rights. Provisions as to Orders in Council. Saving of university copyright. Saving of compensation to certain libraries, Interpretation. Repeal. Short title and commencement. ScHEDULES. . 1&2 Gero. 5. Cu. 46. COPYRIGHT ACT, 1911. ‘ CHAPTER 46. AN ACT to amend and consolidate the Law relating to Copyright. [16th December 1911.] 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: 10 Part I. IMPERIAL COPYRIGHT. RIGHTS. 1. (1) Subject to the provisions of this Act, copyright shall subsist throughout the parts of His Majesty’s 15 dominions to which this Act extends for the term herein- after 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 20 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; 25 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 30 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 66925°—14——-2 9 Copyright secured. Copyright defined. 10 COPYRIGHT IN ENGLAND. 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 intoa 5 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 dra- matic work, by way of performance in public or _ otherwise; 10 (d) in the case of a literary, dramatic, or musical work, to make any record, perforated roll, cine- matograph film, or other contrivance by means of which the work may be mechanically per- formed or delivered, 15 and to authorise any such acts as aforesaid. dai "°" (8) For the purposes of this Act, publication, in rela- tion 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 20 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 pho- tographs and engravings of works of sculpture and archi- tectural works of art shall not be deemed to be publication 25 of such works. Infringement §=6. 2, (1) Copyright in a work shall be deemed to be a 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 copy- 30 right: Provided that the following acts shall not consti- tute an infringement of copyright: Acts which : . : . do not fhitins © Any fair dealing with any work for the purposes of copyright. private study, research, criticism, review, or newspaper summary: 35 (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, modal, or study made by him for the purpose of the work, provided that he does not thereby repeat 40 or imitate the main design of that work: (iii) The making or publishing of paintings, drawings, engravings, or photographs of a work of sculp- ture or artistic craftsmanship, if permanently situate in a public place or building, or the 45 COPYRIGHT ACT, 1911: SEC, 2. 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: 5 (iv) The publication in a collection, mainly composed of non-copyright matter, bon& 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 lit- 10 erary works not themselves published for the use of schools in which copyright subsists: Pro- vided that not more than two of such passages from works by the same author are published by the same publisher within five years, and 15 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 20 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; 25 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 30 "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 35 (6) 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 Ma- 40 jesty’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, 45 exhibition, or importation took place. 11 Acts which infringe eopy- right. 12 Term of copy- right. Compulsory licences. COPYRIGHT IN ENGLAND. (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, 5 and had no reasonable ground for suspecting, that the performance would be an infringement of copyright. 8. 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 10 death: Provided that at any time after the expiration of twenty-five years, or in the case of a work in which copy- right subsists at the passing of this Act thirty years, from the death of the author of a published work, copyright 15 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 20 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 25 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. 30 4. If at any time after the death of the author of a literary, dramatic, or musical work which has been pub- ‘lished 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 35 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 40 work in public, as the case may be, on such terms and subject to such conditions as the Judicial Committee may think fit. COPYRIGHT ACT, 1911: SEC. 5. 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 5 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 10 was ordered shall be the first owner of the copy- right; and (0) 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 15 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 20 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, maga- 25 zine, or similar periodical. (2) The owner of the copyright in any ou -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 30 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 35 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 40 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 45 expectant on the termination of that period shall, on the 13 Ownership of copyright, etc. Engraving, photograph, or portrait. Person who employs au- thor, ete. Assignment of copyright. Copyright not assignable beyond 25 years after author’s death, 14 Divided own- ership. Civil reme- dies for infringe- ment of copy- right. Primé facie ownership, etc. Author as stated on work. Publisher, when author’s name is not printed. COPYRIGHT IN ENGLAND. 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 copy- right 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. 6. (1) Where copyright in any work has been in- fringed, the owner of the copyright shall, except as other- wise 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 in- fringement of a right. (2) The costs of all parties in any proceedings in re- spect 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, 10 15 20 25 30 35 40 45 COPYRIGHT ACT, 1911: SEC. 7. 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. 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 in- fringing copies, shall be deemed to be the property of the 10 owner of the copyright, who accordingly may take pro- ceedings for the recovery of the possession thereof or in respect of the conversion thereof. 8. Where proceedings are taken in respect of the in- fringement of the copyright in any work and the defend- 15 ant 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 20 aware and had no reasonable ground for suspecting that copyright subsisted in the work. 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 25 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 30 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. 10. An action in respect of infringement of copyright 35 shall not be commenced after the expiration of three years next after the infringement. SUMMARY REMEDIES. 11. (1) If any person knowingly— (a) makes for sale or hire any infringing copy of a 40 work in which copyright subsists; or (b) sell or lets for hire, or by way of trade exposes or offers for sale or hire any infringing copy of any such work; or * 15 Rights of owner against persons possess- ing or dealing with infringe- ing copies, etc. Exemption of innocent in- fringer from liability to pay damages, etc. Restrictionon remedies in the case of architec- ture. Limitation of actions. Penalties for dealing with in- fringing copies, etc. 16 2 Edw. 7.c¢. 15. 6 Edw. 7. ¢. 36. Appeals to quarter sessions. Extent of pro- visions as to summary rem- edies. COPYRIGHT IN ENGLAND. (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 5 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 10 forty shillings for every copy dealt with in contraven- tion 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 15 exceeding two months. (2) If any person knowingly makes or has in his posses- sion 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 20 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 imprison- 25 ment 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 30 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. 35 (4) Nothing in this section shall, as respects musical works, affect the provisions of the Musical (Summary Proceedings) Copyright Act, 1902, or the Musical Copy- right Act, 1906. 12. Any person aggrieved by a summary conviction of 40 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. 13. The provisions of this Act with respect to summary 45 remedies shall extend only to the United Kingdom. COPYRIGHT ACT, 1911: SEC. 14. IMPORTATION OF COPIES. 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 5 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 10 section, be deemed to be included in the table of prohi- bitions 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 15 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 20 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 25 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 requi- 30 site 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 35 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 deten- - tion made on his information, and of any proceedings 40 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 66925°—14——3 17 Importation of copies. 39 & 40 Vict. ¢. 36. Regulations by Commis- sloners of Cus- toms. 18 Delivery of copiesto British Museum and other libraries, British Mu- seum copies. National Li- brary of Wales. COPYRIGHT IN ENGLAND. 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 5 which this Act extends of copies of works made out of that possession. DELIVERY OF BOOKS TO LIBRARIES. 15. (1) The publisher of every book published in the United Kingdom shall, within one month after the publi- 10 cation, 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 15 within one month after receipt of that written demand or, if the demand was made before publication, within one month after publication, to some depdt 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 20 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 25 Wales. In the case of an encyclopedia, newspaper, review, magazine, or work published in a series of num- bers or parts, the written demand may include all numbers or parts of the work which may be subsequently published. 30 (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, 35 and on the best paper on which the book is printed. (4) The copy delivered for the other authorities men- tioned 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 40 for sale. (5) The books of which copies are to be delivered to the National Library of Wales shall not include books of COPYRIGHT ACT, 1911: SEC. 15. 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 5 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, pam- 10 phlet, sheet of letter-press, 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 15 belonging thereto. SPECIAL PROVISIONS AS TO CERTAIN WORKS. 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 20 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 25 number of years from the death of the author who dies first or after the death of the author who dies last, which- ever 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 30 dies last shall be substituted for the melerente 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, 35 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 40 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 19 Book de- fined, Works of joint authors. Term of copyright. Work of joint author- ship defined. 20 COPYRIGHT IN ENGLAND. author is not distinct from the contribution of the other author or authors. Reece fa ; (4) Where a married woman and her husband are author. joint authors of a work the interest of such married woman therein shall be her separate property. 5 ae 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 10 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 15 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 per- formance or delivery in public as aforesaid. (2) The ownership of an author’s manuscript after his 20 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 25 of the manuscript. te ys = «18. Without prejudice to any rights or privileges of ment publica. the Crown, where any work has, whether before or after ek the commencement of this Act, been prepared or pub- lished by or under the direction or control of His Majesty 30 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 publi- cation of the work. 35 fe sions 19. (1) Copyright shall subsist in records, perforated instruments. Tolls, 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 40 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 COPYRIGHT ACT, 1911: SEC. 19. 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 5 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 contriv- 10 ances 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 15 (b) that he has given the prescribed notice of his inten- tion 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, 20 calculated at the rate herein-after mentioned: Provided that— (i) nothing in this provision shall authorize any altera- tions in, or omissions from, the work reproduced, unless contrivances reproducing the work subject 25 to similar alterations and omissions have been previously made by, or with the consent or acquiesence of, the owner of the copyright, or unless such alterations or omissions are reasonably necessary for the adaptation of the work to the 30 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 con- 35 trivance 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 40 after the commencement of this Act by the person making the same, be two and one-half per cent.; and (6) in the case ‘of contrivances sold as aforesaid after the expiration of that period, five per cent. 21 When not an infringement. Alterations in or omissions from work. Rate of roy- alties. 22 Change in rateof royalties. Board of Trade regula- tions. COPYRIGHT IN ENGLAND. 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 half-penny for each separate musical work in which copyright subsists reproduced thereon, 5 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 10 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 cir- cumstances may seem just, but any order so made shall 15 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. 20 (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 25 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 30 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. 35 (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 40 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. 5 10 15 20 25 30 35 40 45 COPYRIGHT ACT, 1911: SEC. 19. (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: (6) 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 re- spect of the making, or authorising the mak- ing, of contrivances by means of which the work may be mechanically performed shall be- long to the author or his legal personal repre- sentatives and not to the assignee, and the roy- alties 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 authorising any person who has made contrivances by means of which the work may be mechanically per- formed to sell any such contrivances, whether made before or after the passing of this Act, except on the terms and subject to the condi- tions laid down in this section: (ec) 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 23 Modifications incase of works published be- fore Act. Right of me- chanical repro- duction of as- signed work be- longs to author. 24 Copyright in eoutrivances previously made. Provision as to political speeches. Provisions as tophotographs. Provisions as to designs regis- trable under 7 Edw. 7. c. 29. COPYRIGHT IN ENGLAND. the Order, include any rights with respect to the making of records, perforated rolls, or other contrivances by means of which the work ma, be mechanically performed. (8) Notwithstanding anything in this Act, where a 5 record, perforated roll, or other contrivance by means of which sounds may be mechanically reproduced has been made before the commencement of this Act, copy- right shall, as from the commencement of this Act, subsist therein in like manner and for the like term as if 10 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 15 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 copy- 20 right in some other contrivance, if this provision had been in force at the time of the making of the first-mentioned contrivance. 20. Notwithstanding anything in this Act, it shall not be an infringement of copyright in an address of a 25 political nature delivered at a public meeting to publish a report thereof in a newspaper. 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 30 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 35 the parts of His Majesty’s dominions to which this Act extends if it has established a place of business within such parts. 22. (1) This Act shall not apply to designs capable of being registered under the Patents and Designs Act, 1907, 40 except designs which, though capable of being so regis- tered, 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 determin- 45 COPYRIGHT ACT, 1911: SEC. 23. ing the conditions under which a design shall be deemed to be used for such purposes as aforesaid. 23. If it appears to His Majesty that a foreign country does not give, or has not undertaken to give, adequate 5 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 10 works published aftex 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. 15 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 substi- 20 tuted 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 25 was made and the work had been one entitled to copy- right 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 30 Schedule to this Act subsists at the commence- ment 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 35 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 com- mencement of this Act and then subsisting shall 40 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 45 mentioned, to an assignment of the right or 66925°—14——4 26 Works of for-. eign authors first published in parts of His Majesty’s do- minions to which Act ex- tends. Existing works. See page 34. Existing ae signments. 26 COPYRIGHT IN ENGLAND. 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, 5 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 10 the author as, failing agreement, may be de- termined by arbitration, or, where the work is incorporated in a collective work and the owner of the right or interest is the propri- etor of that collective work, without any 15 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 20 to the author, or, if he cannot with reasonable diligence be found, advertised in the London Gazette and in two London newspapers: ©) where any person has, before the twenty-sixth day of July nineteen hundred and ten, taken any 25 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 30 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 35 which are subsisting and valuable at the said date, unless the person who by virtue of this section becomes entitled to restrain such repro- duction or performance agrees to pay such com- pensation as, failing agreement, may be deter- 40 mined by arbitration. (2) For the purposes of this section, the expression “author” a deceased author. includes the legal personal representatives of COPYRIGHT ACT, 1911: SEC. 25. (3) Subject to the provisions of section nineteen sub- sections (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, 5 and in accordance with, the provisions of this section. APPLICATION TO BRITISH POSSESSIONS. 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 10 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 addi- tions, or with such modifications and additions relating exclusively to procedure and remedies, or necessary to 15 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 pub- lished in the London Gazette that any self-governing dominion has passed legislation under which works, the 20 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 25 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 30 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. 35 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 40 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. 27 No copyright in work made before Act. Application of Act to British dominions. Notice in Lon- don Gazette. £ Legislative powers of self. governing do minions. 28 Self - govern- ing dominions. Power of Legislatures of British posses- sions to pass supplemental legislation. COPYRIGHT IN ENGLAND. (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 5 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 unpub- lished) of authors who at the time of the making of the work were British subjects resident elsewhere than in 10 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 15 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 20 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 25 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 30 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 35 dominion which is for the purposes of this Act to be treated as if it were a dominion to which this Act extends. 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, 40 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. 45 COPYRIGHT ACT, 1911: SEC. 23. 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 5 the territories to which it applies or Cyprus were part of His Majesty’s dominions to which this Act extends. Parr II. INTERNATIONAL COPYRIGHT. 29. (1) His Majesty may, by Order in Council, direct 10 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 15 Majesty’s dominions to which this Act extends; (6) 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 20 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 resi- dence were residence in the parts of His Majesty’s 25 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 accord- ingly: Provided that— : 30 =i) before making an Order in Council under this sec- tion 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 coun- 35 try 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; 40 (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 con- ferred by the law of the country to which the Order relates; 29 Application to protector- ates, Power to ex- tend act to for- eign works, Reciprocal protection. 30 COPYRIGHT IN ENGLAND. oe tes Gii) the provisions of ihis Act as to the delivery of not required. copies of books shall not apply to works first published in such country, except so far as is provided by the Order; anmaittons (iv) the Order in Council may provide that the enjoy- 5 ; ment of the rights conferred by this Act shall be subject to the accomplishment of such con- ditions and formalities (if any) as may be pre- scribed by the Order; (v) in applying the provision of this Act as to owner- 10 ship of eopyright, the Order in Council may make such modifications as appear necessary having regard to the law of the foreign country ; (vi) in applying the provisions of this Act as to existing works, the Order in Council may make such 15 modifications as appear necessary, and may pro- vide that nothing in those provisions as so ap- plied shall be construed as reviving any right of preventing the production or importation of any Ro ee translation “in any case where the right has 20 ceased by virtue of section five of the Interna- tional Copyright Act, 1886. (2) An Order in Council under this section may extend to all the several countries named or described therein. ee 80. (1) An Order in Council under this Part of this Act 25 British possess Shall apply to all His Majesty’s dominions to which this ian 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. 30 (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-govern- 35 ing 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 40 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 shall 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. 45 COPYRIGHT ACT, 1911: SEC. 31. Part III. SUPPLEMENTAL PROVISIONS. 31. No person shall be entitled to copyright or any similar right in any literary, dramatic, musical, or artistic 5 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 ab- rogating any right or jurisdiction to restrain a breach of 10 trust or confidence. 382. (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 15 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 20 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. 33. Nothing in this act shall deprive any of the univer- 25 sities and colleges mentioned in the Copyright Act, 1775, of any copyright they already possess under that Act, but the remedies and penalties for infrmgement of any such copyright shall be under this Act and not under that Act. 30 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 35 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 40 in the library. 35. (1) In this Act, unless the context otherwise requires— : ‘‘Literary work” includes maps, charts, plans, tables, and compilations; 31 Abrogation of common law rights. Provisions as to Orders in Council. Saving of uni- versity copy- right. 15 Geo. 3. ¢. 53. Saving of compensation to certain libra- Ties. Interpreta- tion. COPYRIGHT IN ENGLAND. “Dramatic work” includes any piece for recitation, choreographic 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 archi- tectural works of art and engravings and 10 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 15 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 ;- 20 ‘‘Engravings” include etchings, lithographs, wood- cuts, prints, and other similar works, not being photographs; ‘‘Photograph” includes photo-lithograph and any work produced by any process analogous to 95 photography ; ‘“‘Cinematograph” includes any work produced by any process analogous to cinematography; “Collective work” means— (a) an encyclopedia, dictionary, year book, or 309 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 35 different authors are incorporated ; “‘Infringing,’”’? when applied to a copy of a work in which copyright subsists, means any copy, includ- ing any colourable imitation, made, or imported in contravention of the provisions of this Act; 40 ‘“‘Performance” means any acoustic representation of a work and any visual representation of any dramatic action in a work, including such a repre- sentation made by means of any mechanical instrument; 45 COPYRIGHT ACT, 1911: SEC. 35. “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 5 used or intended to be used for printing or re- producing copies of any work, and any matrix or other appliance by which records, perforated rolls or other contrivances for the acoustic repre- sentation of the work are or are intended to be 10 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 15 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, 20 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 25 Majesty’s dominions to which this Act extends, notwith- standing 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 30 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 35 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 40 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 45 resident in the parts of His Majesty’s dominions to which this Act extends if he is domiciled within any such part. 33 Simultaneous publication. Unpublished work; resi- dence in H. M’s dominions. 34 COPYRIGHT IN ENGLAND. Kepesl, 36. Subject to the provisions of this Act, the enact- ments 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 5 part of His Majesty’s dominions until this Act comes into operation in that part. Gite ate Cl) This Act may be cited as the Copyright Act, ment. 1911. (2) This Act shall come into operation— 10 (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 15 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 20 possession by the Governor. SCHEDULES. FIRST SCHEDULE. EXISTING RIGHTS. Seotion 24. Existing Right. Substituted Right. 25 (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. Bot copyright and perform- | Copyright as defined by this Act.) ng gh t. ight, but not performing | Copyright as defined by this Act, except the sole right 30 ae ; fe form the work or any sutetantial part thereo! in ublic. Performing right but not copy- The sole right to satan the work in public, but none Tight. of the other rights comprised in copyright as defined by this Act. 85 For the purposes of this Schedule the following ex- pressions, where used in the first column thereof, have the following meanings: Copyright ‘‘Copyright,”’ in the case of a work which according to Pore the law in force immediately before the commence- 40 1In the case of anessay, article, or portion forming part of and first published in a review, pa or other periodical or work of a like nature, the right shall be subject to any right of publishing fhe essay, article, or portion in a separate form to which the author is entitled at the commencament of this Act, or would, if this Act nad not been passed, have become entitled under section eighteen of the Copyright Act, 1842. 10 COPYRIGHT ACT, 1911: SCHEDULES. ment 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 commence- ment of this Act, includes the right at common law (if any) to restrain the performance thereof in public. SECOND SCHEDULE. ENACTMENTS REPEALED. arco era Short Title Extent of Repeal 8 Geo. 2. ¢. 13....... ‘he Engraving Copyright Act, 1734...) The whole Act. 7 Geo. 3. c. 38......- he Engraving Copyright Act, 1767...| The whole Act. 15 Geo. 3. ce. 53...... The Copyright Act, 1775..........---- The whole Act. 17 Geo. 3. ¢. 57...... The Prints opyrieht Act, 1777.......| The whole Act. 54 Geo. 3. ¢. 56.....- The Sculpture Copyright Act, 1814....| The whole Act. 3 & 4 Will. 4. c. 15...] The Dramatic Copyright Act, 1833....) The whole Act. 5 & 6 Will. 4.c. 65....| The Lectures Copyright Act, 1835..... The whole Act. 6&7 Will. 4. ¢. 59....| The Printsand Engravings Copyright The whole Act. (Ireland) Act, 1836. 6&7 Will. 4.¢.110..] The Copyright Act, 1836..............- The whole Act. 5 & 6 Vict. c. 45..... The poprnent Act, 1842............-- The whole Act. 7 & 8 Vict. c. 12..... The International Cop: ight Act, 1844.| The whole Act. 10 & 11 Vict. c. 95...| The Colonial Copyright Act, 1847...... The whole Act. 15 & 16 Vict. c. 12...| The International Co ht Act, 1852.| The whole Act. 25 & 26 Vict. c. 68...) The Fine Arts Copyne t Act, 1862....} Sections one to six. In section eight the words “and pursuant to any Act for the protection of sees Sno ings,” and “and in an’ such Act as aforesaid’. Sections nine to twelve. 38 é& 39 Vict. c. 12...| The International Copyright Act, 1875.| The whole Act. 39 & 40 Vict. c. 36...) The Customs Consolidation Act, 1876..| Section forty-two, from a eee wl such copyright w! expire”. Sentions forty- four, forty-five and one hundred and fifty-two. 45 & 46 Vict. c. 40...| The Copyright (Musical Compositions) | The whole Act. Act f 49 é& 50 Vict. c. 33...| The International Copyright Act, 1886.| The whole Act. 51 & 62 Vict. c. 17...| The Copyright (Musical Compositions) | The whole Act. ct 7 42...| The Revenue Act, 1889......-..-.-.--. Section one, from “ Books 52 & 53 Vict. c. first published” to ‘‘as TO" Ided in that sec- on. 6 Edw. 7. ¢. 36...... The Musical Copyright Act, 1906...... In section three the words “and which has been registered in ac- cordance with the pro- visions of the Copy- right Act, 1842, or of the International copy right Act, 1844, whic: stration may be effected notwithstand- ing anything in the Internationa! Copy- right Act, 1886.”” we the official edition of the Act praies by Eyre and Spottiswoode for Rowland ailey, the King’s Printer, London. ii, 29pp. sm. 4°.) 35 Performing right defined. Section 36. See pages 37- 39. See pages 39- 40. See pages 40- 41 See pages 42- 44, ADDENDA. PREVIOUS COPYRIGHT ACTS NOT REPEALED. [Repealed matter indicated by italics and brackets.] Tue Fine Arts Copyrieut Act, 1862. 5 25 AND 26 Victoria, CHAPTER 68. AN ACT for amending the Law relating to Copyright in Works of the Fine Arts, and for repressing the Commission of Fraud in the Pro- duction and Sale of such Works. [29th July 1862.] Whereas by Law, as now established, the Authors of 10 Paintings, Drawings, and Photographs have no Copy- right in such their Works, and it is expedient that the ‘Law should in that respect be amended; Be it therefore. enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and 15 Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: [Sections 1-6 are repealed by the Copyright Act, 1911.] 7. No Person shall do or cause to be done any or either of the following Acts; that is to say, 20 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 Mono- gram: 25 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 30 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 35shall 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: 37 Act 25 and 26 Vict., c. 68, 1862. Penalties on fraudulent pro- ductions sales. and 88 COPYRIGHT IN ENGLAND. 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 10 thereof, as or for the unaltered Work of such Author or Maker: Penaltizs. Every Offender under this Section shall, upon Con- viction, forfeit to the Person aggrieved a Sum not exceed- ing Ten Pounds, or not exceeding double the full Price, if 15 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 20 Monogram shall beso fraudulently signed or affixed thereto,. or to whom such spurious or altered Work shall be so fraud- ulently 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 Mono- 25 gram 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. 30 Recovery of 8. All pecuniary Penalties which shall be incurred, fe Feo and all such unlawful Copies, Imitations, and all other Effects and Things as shall have been forfeited by Words in Offenders, pursuant to this Act, [and pursuant to any Act on eae for the Protection of Copyright Engravings,] may be recov- 35 by Copyright ered by the Person herein-before [and in any such Act as el aforesaid] empowered to recover the same respectively, and herein-after called the Complainant or the Com- plainer, as follows: In England and Ireland, either by Action against the 40 Party offending, or by summary Proceeding before any two Justices having Jurisdiction where the Party offend- ing resides: In Scotland by Action before the Court of Session in ordinary Form, or by summary Action before the Sheriff 45 ACT OF 39 AND 40 VICTORIA, CHAP. 36, 1876. 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 Appli- cation shall be final and conclusive, and not subject 5to Review by [Advocation,] Suspension, Reduction, or otherwise. [Secs. 9-12 repealed by the Copyright Act, 1911.] (From ‘‘The Statutes of the United Kingdom of Great Britain and Ireland.” Vol. 10 25, Aen Bee ‘a Kettilby Rickards. London, G: E: Eyre and W: Spottiswoode, 1862, pp. . THE Customs ConsoLipaTion Act, 1876. 39 anp 40 Victorra, CHAPTER 36. AN ACT to consolidate the Customs Laws. [24th July 1876.] * * * * * AS TO THE IMPORTATION, PROHIBITION, ENTRY, EXAMINA- 15 TION, LANDING, AND WAREHOUSING OF GOODS. * * * * * 42. The goods enumerated and described in the follow- ing table of prohibitions and restrictions inwards are hereby prohibited to be imported or brought into the United Kingdom, save as thereby excepted, and if any 20 goods so enumerated and described shall be imported or brought into the United Kingdom contrary to the prohi- bitions or restrictions contained therein, such goods shall be forfeited, and may be destroyed or otherwise disposed of as the Commissioners of Customs may direct. 235A TABLE OF PROHIBITIONS AND RESTRICTIONS INWARDS. Goods prohibited to be imported. [Books wherein the copyright shall be first subsisting, first composed, or written or printed, in the United King- dom, and printed or reprinted in any other country, as 30to which the proprietor of such copyright or his agent shall have given to the Commissioners of Customs a notice in writing, duly declared, that such copyright subsists, such notice also stating when such copyright will expire.] * * * * * Indecent or obscene prints, paintings, photographs, 35 books, cards, lithographic or other engravings, or any other indecent or obscene articles. [Sees. 44 and 46 are repealed by the Copyright Act, 1911.) * * , * * * 39 Act 39 and 40 Vict., c. 36, 1876. Prohibitions and restric- tions. Repealed by copyright act, 1911; butseesec. 14of actof 1911, p. 17. 40 Customs acts to extend to British posses- sions abroad, except where otherwise pro- vided for. Act 2 Edw. 7, . 15, 1902. See page 16, 1. 35. Seizure, &c., of pirated cop- ies. Power toseize copies on hawk- ers. COPYRIGHT IN ENGLAND. 151. The Customs Acts shall extend to and be of full force and effect in the several British possessions abroad, except where otherwise expressly provided for by the said Acts, or limited by express reference to the United Kingdom or the Channel Islands, and except also as to 5 any such possession as shall by local Act or ordinance have provided, or may hereafter, with the sanction and approbation of Her Majesty and her successors, make entire provision for the management and regulation of the Customs of any such possession, or make in like man- 10 ner express provisions in lieu or variation of any of the clauses of the said Act for the purposes of such posses- sion. [Sec. 152 repealed by the Copyright Act, 1911.] [From ‘‘The Law Reports. The Public General Statutes, 1876.” Vol. 11, 8°. Lon-15 don, William Clowes and Sons, 1876, pp. 171, 181-182, 210.) Tue Musica (SuMMaRY PRocEEDINGS) CopYRicHT Act, 1902. 2 Epwarp VIL., CHAPTER 15. AN ACT to amend the Law relating to Musical Copyright. [22nd 20 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 as- sembled, and by the authority of the same, as follows: 25 1. A court of summary jurisdiction, upon the applica- tion 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 30 or offered for sale, may, by order, authorise 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 destroyed, or to be delivered up to the owner of the copyright if he makes 35 application for that delivery. 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 war- rant, on the request in writing of the apparent owner of the 40 copyright in such work, or of his agent thereto author- ised in writing, and at the risk of such owner. i ACT OF 6 EDWARD 7, CHAP. 36, 1906. 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 5 the court may think fit. 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 10 of a musical work:— (1) To make copies by writing or otherwise of such musical work. (2) To abridge such musical work. (83) To make any new adaptation, arrangement or 15 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. 20 ‘Pirated musical work’’ means any musical work writ- ten, printed or otherwise reproduced, without the consent lawfully given by the owner of the copyright in such musical work. 4. This Act may be cited as The Musical (Summary 25 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. [From “The Law Reports. The Public General Statutes, 1902.’’ Vol. 40,8°. Lone 30 don, William Clowes & Sons, Ltd., 1903, p. 18.] Tue MusicaL Coprricut Act, 1906. 6 Epwarp VII., CoarterR 36. AN ACT to amend the law relating to Musical Copyright. [4th August 1906.] 35 Beit 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 as- sembled, and by the authority of the same, as follows: 1. (1) Every person who prints, reproduces, or sells, or 40 exposes, offers, or has in his possession for sale, any pirated copies of any musical work, or has in his possession 41 Definitions. Short title and commence- ment. Act6 Edw.7, ce. 36, 1906. See page 16, 1.35 Penalty for being in pos- session of pi- rated music. 42 Constable may take into eustody with- out warrant. 38 and 39 Vict., c. 62. Right of entry by police for execution of act. COPYRIGHT IN ENGLAND. 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 punish- able on summary conviction, and shall be liable to a fine not exceeding five pounds, and on a second or subsequent 5 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 10 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 knowl- 15 edge pirated copies. (2) Any constable may take into custody without war- rant 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 20 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 25 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 a30 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 35 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. 2.—(1) If a court of summary jurisdiction is satisfied 40 by information on oath that there is reasonable ground for suspecting that an offence against this Act is being com- mitted on any premises, the court may grant a search warrant authorising the constable named therein to enter ACT OF 6 EDWARD 7, CHAP. 36, 1906. 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 5 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 10 summary jurisdiction, and if proved to be pirated copies or plates intended to be used for the printing or repro- duction of pirated copies shall be forfeited and destroyed or otherwise dealt with as the court think fit. 8. In this Act— 15 The expression “pirated copies” means any copies of any musical work written, printed, or otherwise repro- duced without the consent lawfully given by the owner of the copyright in such musical work: The expression ‘‘musical work” means a musical work 20in which there is a subsisting copyright, [and which has been registered in accordance with the provisions of the Copyright Act, 1842, or of the International Copyright Act, 1844, which registration may be effected notwithstand- ang anything in the International Copyright Act, 1886]: 25 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 expres- sions ‘‘pirated copies” and ‘“‘plates” shall not, for the 30 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: 35 The expression “chief officer of police” — (a) with respect to the City of London, means the Commissioner of City Police; (6) elsewhere in England has the same meaning as in the Police Act, 1890; 40 (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; 43 Definitions: “Pirated copies.” “Musical work.” Words in brackets and italics repealed by copyright act, 1911. “Plates.” “Chief officer of police.” 53 and 54 Vict., ¢. 45. 53 and 54 Vict., c. 67. 44 COPYRIGHT IN ENGLAND. (e) elsewhere in Ireland means the District Inspector of the Royal Irish Constabulary: coat | = ‘The expression “‘court of summary jurisdiction” in ary juris- : : diction.” Scotland means the sheriff or any magistrate of any royal, parliamentary, or police burgh officiating under the pro- 5 visions of any local or general police Act. Short title. 4. This Act may be cited as the Musical Copyright Act, 1906. [From ‘“‘The Law Reports. The Public General Statutes, 1906.” Vol. 44, 8°. London, Rowland Bailey, 1906, pp. 98-100.] 10 INDEX. The references in the following index are to page and line. Acoustic representation of a work is ‘‘per- formance,” p. 32:40; p. 33:5. Action, limitation of, p. 15:35. Adaptation: Of copyright works to mechanical instruments, p. 21:25. Of music, right to make, p. 41:15. Additions contained in second edition, p. 19:10. Address: Included in “lecture,” p. 33:10. Newspaper report of, p. 11:20; p. 24:25. Administrators of author, p. 33:20. Advertisements by publisher, of literary works for schools, p. 11:5. Advocates Library, Edinburgh, deposit of copy for, p. 18:20. Alterations: In musical work published prior to act of 1911, p. 23:5. In second edition, p. 19:10. In work reproduced mechanically p. 21:20. Appeal in copyright suits, p. 16:40. Appeal under musical copyright act, p. 42:35. Arbitration: In case of existing assignments, p. 26:5; p. 26:40. In case of royalties, p. 22:25. Architectural work of art: Construction of does not constitute publication, p. 10:20. Included in “ artistic work, ” p.32:10. Interpretation of term, p. 32:15. Issue of photographs and engravings does not constitute publication, p. 10:25, Making or publishing of paintings, drawings, etc., of, p. 11:1. See also Building. — Arrangement of music, right to make, p. 41:15. Article contributed to periodical. See Periodical contributions. Artistic craftsmanship, work of: Infringement of copyright, p. 10:45. Included in “artistic work,” p. 32:10. Artistic work: Copyright in, p. 9:15. ‘Copyright in, a statutory right, p. 31:5. Exhibition in public does not consti- tute publication, p. 10:20. Fine Arts Copyright Act, 1862, p.37:5. International copyright, p. 29:10. Interpretation, p. 32:10. Mould, cast, sketches or studies for, p. 10:35. Right to convert into dramatic work, p. 10:5. Assignee of author: Of musical work, p. 23:25. Publication without consent of, p. 33:20. Assignment of copyright: Existing at commencement of act of 1911, p. 25:30." In collective work, p. 14:5. In musical work, p. 23:20. Must be in writing, p. 13:30. Not operative beyond 25 years after author’s death, p. 13:40. Owner may assign, p. 13:25. Partial assignment, p. 14:10. Australia, p. 33:15. Author: Assignment before act of 1911, p. 25:30. Assignment of copyright not opera- tive beyond 25 years after his death, p. 13:40. British subject or resident, p. 9:20; p. 27:20. Copyright subsists during life of, and 50 years after death, p. 12:10. Employed by another person, p. 13:15. First owner of copyright, p. 13:1. Foreign, p. 29:15. ' 45 46 Author—Continued. Foreign, first publishing in British dominions, p. 25:5. In case of mechanical instruments, defined, p. 20:40. Includes legal personal representa- tives of deceased author, p. 26:40. Legal personal representatives of, p. 14:1; p. 23:25; p. 26:40; p. 33:20. Name indicated on work, p. 14:35. Name not indicated on work, p. 14:40. |' Of artistic work, when not copyright owner, p. 10:35. Of collective work, p. 32:30. Of essay, article, etc., published in periodical, p. 34, footnote. Of literary work protected against unfair use, p. 11:10. Of musical work assigned before act of 1911, p. 23:25. Of periodical contribution, p. 13:20. Of photograph, p. 24:30. Of unpublished work, p. 9:20. Publication or performance without consent of, p. 33:20. Republication of work after death of, p. 12:15. License for, p. 12:30. Resident in British possession. See Residence. Work of joint authorship, p. 19:20. Board of Trade: ‘ Regulations for deposit of copies, p. 19:1. Reguiations for mechanical instru- ments, p. 22:35. Regulations for payment of royalties, p. 12:25; p. 22:10; p. 22:35. Bodleian Library, Oxford, delivery of copy to, p. 18:20. Body corporate: Owner of mechanical instruments, p. 21:1. Owner of photograph, p. 24:30. ; Book: Definition of, p. 19:10. Deposit in British Museum must be complete, p. 18:30. Deposit of foreign, p. 30:1. Gratuitous copies for libraries, p. 31: 30. Published in parts, deposit of copies, p. 18:25. Publisher must deliver one copy to British Museum, p. 18:10. INDEX. Book—Continued. See also Literary work. British Museum. Book must be delivered to, within one month, p. 18:10. British possessions: Application of act of 1911 to, p. 27:5. Meaning of ‘‘self-governing domin- ion,’’ p. 33:15. First publication in, p. 28:45. Importation into, p. 18:5. May repeal any copyright enactment, p. 27:35. See also Dominion. Building: Included in ‘architectural work of art,” p. 32:15. Infringement of copyright in, by con- struction, p. 15:25. Paintings, drawings, etc., situate in. See Paintings. Cambridge University Library. Deposit of copy for, p. 18:20. Canada, p. 33:10. Cast: Author’s right to use, p. 10:35. Included in “work of sculpture,” p. 32:10. Certificate of legislation in British domin- ion, p. 27:30. Channel Islands, p. 34:15. Chart: Included in ‘‘book, ” p. 19:10. Included in ‘‘literary work, ” p.31:40. Choreographic work included in ‘‘dra- matic work,” p. 32:5. Cinematograph: Definition of, p. 32:25. Production included in ‘‘dramatic work,” p. 32:5. Right to make film, p. 10:10. Civil remedies for infringement, p. 14:15. Collective work: Assignment of, p. 14:5. Definition of, p. 32:30. Publication in, of passages from pub- lished literary works, p, 11:5. Colonies. See British possessions. Common law rights: Abrogation of, p. 31:1. Included in ‘‘copyright,”’ p. 35:5. Compilation included in ‘‘literary work,’’ p. 31:40. Complaint, owner refuses to republish, p. 12:30. INDEX. Construction of architectural work of art, p. 10:20; p. 15:25. Contribution: To periodical, p. 18:15; p. 34: foot- note. To work of joint authorship, p. 19:40. Contrivances for mechanical instruments. See Mechanical instruments. Convention for international copyright protection, p. 29:30. Copies, deposit of. See Deposit. Copies, infringing: Court may order destruction, p. 16:30. Definition of, p. 32:40. Property of owner of copyright, p. 15:5. Copyright: Common law rights, p. 31:1; p. 35:5. Definition of, p. 9:30; p. 34:40. In works made before act of 1911, p. 27:1. A statutory right, p. 31:5. Corporation. See Body corporate. Costs shall be in discretion of the court, p. 14:25. Court: Costs are in discretion of the, p. 14:25. May grant search warrant, p. 42:15; p. 42:40. Court of summary jurisdiction: Definition of, p. 44:5. May authorize seizure of infringing copies of musical work, p. 40:25. Craftsmanship, artistic. See Artistic craftsmanship. Criticism, fair use of work for, does not constitute infringement, p. 10:30. Customs. See Importation. Cyprus, copyright protection in, p. 29:1. Damages: For detention of copies imported, p. 17:40. : For infringement, owner entitled to, p. 14:20. Date of effect of act of 1911, p. 34:10. Definition: Of “architectural work of art,’’ p. 32:15. Of ‘‘artistic work,’’ p. 32:10. Of ‘‘book,’’ p. 19:10. Of ‘‘chief officer of police,’’ p. 43:35. Of ‘‘cinematograph,’’ p. 32:25. Of ‘collective work,’”’ p. 32:30. 47 Definition—Continued. Of ‘‘copyright,’’ p. 9:30; p. 34:40. Of ‘court of summary jurisdiction,” p. 44:5. Of “delivery,” p. 33:1. Of ‘‘dominion to which this act ex- tends,” p. 28:35. Of ‘‘dramatic work,”’ p. 32:5. Of “‘engravings,’’ p. 32:20. Of “‘infringing,”’ p. 32:35. Of ‘‘lecture,’’ p. 33:10. Of ‘literary work,”’ p. 31:40. Of ‘‘musical copyright,’’ p. 41:5. Of “musical work,’’ p. 43:20. Of “‘performance,’’ p, 32:40. Of “performing right,’’ p. 35:5. Of “photograph,’’ p. 32:25. Of “pirated copies’’ of music, p. 43:15. Of ‘ ‘pirated musical work,’’ p. 41:20. Of ‘‘plate,’”’ p. 33:5. Of “plates’’ for musical work, p. 43:25. Of ‘‘publication,’’ p. 10:15. Of ‘‘self-governing dominion,’ p. 33:10. Of ‘‘work of joint authorship,”’ p. 19:40. Of ‘‘work of sculpture,’’ p. 32:10. Delivery, mechanical. See Mechanical instruments. Delivery of copies. See copies. Delivery of lecture. See Lecture. Deposit of copies: One copy, within one month, to British Museum, p. 18:10. Compensation to libraries for loss of right to, p. 31:30. For university libraries may be de- manded, p. 18:15. Of foreign books, p. 30:1. Penalties for failure to deposit, p. 19:5. Design of artistic work, p. 10:40. Designs, registration of, p. 24:40. Destruction: Of infringing copies or plates, p. 16:30. Of unlawful copies of musical work, p. 40:30; p. 41:5; p. 43:10. Dictionary included in ‘‘collective work,’’ p. 32:30, Deposit of 48 Distribution: For purposes of ‘rade; infringement of copyright, p. 11:35. Of infringing copies, penalties for, p. 16:1. Domicile. See Residence. : Dominion to which this act extends: What is included, p. 28:35. Self-governing— Copyright in, p. 9:25. Definition of, p. 33:10. Date of effect of act of 1911, p. 34:15. See also British possessions. Dramatic work: Copyright in, p. 9:15. Copyright in, a statutory right, p. 31:5. Definition of, p. 32:1. Definition of ‘‘performance,’’ p. 32:40. International copyright, p. 29:15. License to republish, p. 12:30. Mechanical performance of, right to make contrivances for, p. 10:10. Performance in public does not con- stitute publication, p. 10:20. Posthumous, p. 20:5. Right to convert into novel or other nondramatic work, or vice versa, _p. 10:5. Drawing: Fine arts copyright act, 1862, p. 37:5. Included in ‘‘artistic work,” p. 32:10. Of work. of sculpture or artistic crafts- manship or architectural work of art, p. 10:40. Dublin, Trinity College. Deposit of copies, p. 18:20. Duration of copyright. See Term of copyright. Edinburgh, Advocates Library. of copies for, p. 18:20, Edition, second or subsequent, p. 19:10. Educational purposes, publication of pas- sages from literary works for, p. 11:5. Employer, owner of copyright, p. 13:15. Encyclopedia. Deposit of copies, written demand for, p. 18:25. Included in ‘‘collective work,’’ p 82:30. See also Book. Deposit INDEX. Engravings: Contained in book, p. 19:15. Definition of, p. 32:20. Included in “artistic work,” p. 32:10. Of work of sculpture or artistic crafts- manship or architectural work of art, p. 10:25; p. 10:40. Ordered made for valuable considera- tion, ownership of, p. 13:5. Posthumous, p. 20:5. Entertainment in dumb show, p. 32:5. Entertainment, place of. See Theater. Essay, p. 34, footnote. Etchings, included in “engravings,” p. 32:20. Evidence, prim4 facie, p. 20:20. Executors of author, p. 33:20. Exhibition in public: Infringement of copyright, p. 11:35; p. 16:5. Of artistic work, does not constitute publication, p. 10:20. Existing works: Copyright in, p. 25:15; p. 34:25. International copyright, p. 30:15. Exposure for sale or hire. See Exhibi- tion. Extract from published work, reading or recitation in public, p. 11:5; p. 11:30. Fine arts. See Artistic work. First publication. See Publication. Foreign authors first publishing in British dominions, p. 25:5. Foreign country: Application of act of 1911 to, p. 9:25. Copyright in musical work, p. 23:45. Importation of works manufactured in, p. 27:30. Protection of British works in, p 25:5. Works first published in, p. 29:10. Forfeiture: Of imported copies, p. 17:15. Of unlawful copies of music, p. 41:5; p. 43:10. Formalities: Order in council may provide, p 30:5. See also Deposit of copies; Registra- tion. Government publieations, copyright in, p. 20:30. Grant. See Assignment. Hire, importation for, p. 11:40. INDEX. Hire, let for: Infringement of copyright, p. 11:30. Penalties for infringing copies, p. 15:40. Illustrations, book deposited in British Museum must contain all, p. 18:30. Imitation, colorable, p. 32:40. Imperial copyright, p. 9:10. Importation: Customs consolidation act, 1876, p. 17:10; p. 39. Infringement of copyright, p. 11:40; p. 32:40. Into United Kingdom of infringing copies, p. 17:5. Of translation, p. 80:20. Penalties for unlawiul, p. 16:5. Regulations by Commissioners of Cus- toms, p. 17:15... Under law of British dominions, p. 27:30. Imprisonment: For infringement of copyright, p. 16:15; p. 16:25. For printing or selling pirated music, p. 42:5. Industrial designs, p. 24:40. Infringement of copyright: By importation, p. 11:40; p. 16:5. By mechanical instruments, p. 24:20. Civil remedies for, p. 14:15. Construction of building, etc., p. 15:25. : Definition of “infringing,” p. 32:35. Infringing copies become property of owner of copyright, p. 15:5. Innocent infringer, p. 15:15. Limitation of action, p. 15:35. Newspaper report of political address not an, p. 24:25. Not implied if notice of reproduction after certain period is given, p. 12:15. Of musical works, act of 1902, p. 40. Act of 1906, p. 41. By mechanical instruments, p. 21:5. Of works of art, p. 37:5. Penalties for, p. 15:40. Sell, distribute, exhibit, etc., p. 11:30. University copyright, p. 31:25. What constitutes, p. 10:25. What does not constitute, p. 10:30. 49 Injunction: In case of infringement, p. 14:20. In case of innocent infringer, p. 15:15. Not obtainable for infringing con- struction of building, p. 15:25. Interdict. See Injunction. International copyright, p. 29:10. See also Foreign country. * Interpretation, p. 31:40. See also Definition. Ireland, appeal in copyright suit, p. 16:40; p. 42:35. Isle of Man, p. 18:1. Joint authorship: Defined, p. 19:40. Married woman, p. 20:5. Posthumous works, p. 20:10. Term of copyright, p. 19:20. Works for mechanical reproduction, p. 22:25. Judicial Committee of Privy Council may order grant of license to republish, p. 12:35. Jurisdiction of courts, “Court of sum- mary jurisdiction’’ in case of musical infringement, p. 40:25; p. 42:40. Lecture: Definition of “delivery” of, p. 33:1. Delivery in public, p. 10:20; p. 33:20. Includes address, speech, and ser- mon, p. 33:10. Newspaper report, p. 11:15; p. 24:25. Posthumous work, p. 20:10. Right to deliver, p. 9:30. Let for hire. See Hire. Libraries: Gratuitous copies of books for, p. 31:30. See also Deposit of copies. License: Compulsory, for republication or per. formance, p. 12:40. Compulsory, for works of joint au- thorship, p. 19:25. | Owner of copyright may grant right by, p. 13:30. Limitation of action, p. 15:35. Literary work: Copyright in, secured, p. 9:15. Copyright in, a statutory right, p. 31:5. International copyright, p. 29°15. Interpretation of term, p. 31:40. 50 Literary work—Continued. License to republish, p. 12:30. Mechanical performance of, right to make contrivances for, p. 10:10. Posthumous work, p. 20:5. Publication of passages from, p. 11:10. See also Book. Lithographs included in ‘‘engravings,”’ p. 32:20. London Gazette: Notice of assigned copyrights, p. 26:20. Notice of legislation by self-govern- ing dominion, p. 27:20. Order in council to be published in p. 31:20. Magazine: Contribution to, p. 13:20; p. 34, foot- note. : Deposit of copies, p. 18:25. Included in ‘‘collective work,’’ p. 32:30. Man, Isle of, p. 18:1. Manufacture, restrictions in legislation of British dominions, p. 27:30. Manuscript of posthumous work, p. 20:20. Map: Included in expression ‘‘book,’’ p. 19:10. Included in “literary work,” p. 31:40. ° Maps, book deposited in British Museum must contain all, p. 18:30. Married woman as joint author, p. 20:5. Material form, right to produce in any, p. 9:30. Matrix, included in term ‘‘plate,”’ p. 33:5. Mechanical instruments: Copyright in, p. 20:35. Delivery of lecture by, p. 33:1. Made before act of 1911, p. 24:5. Musical works assigned before act of 1911, p. 23:20. Not included in expressions ‘‘pi- rated copies” and ‘‘plates,”’ act of 1906, p. 43:30. Notice of user of musical work for, p. 21:15. Representation by, included in term ‘‘performance,”’ p. 32:45. Right to make, p. 10:15. Royalties, p. 21:15; p. 21:40. Term of copyright in, p.:20:40. INDEX. Model for artistic work: Author’s right to use, p. 10:35. Included in ‘‘work of sculpture,’’ p. 32:10. Model for building or structure, p. 32:15. Mould for artistic work, right of author to use, p. 10:35. Moving pictures. See Cinematograph. Music, sheet of, included in ‘‘book,’’ p. 19:10. “Musical copyright,’’ definition of, p. 41:5. Musical copyright act, 1906, p. 41:35. Musical (summary proceedings) copy- right act, 1902, p. 40:20. Musical work: Assignment of, p. 23:20. Copyright in, secured, p. 9:15. Copyright in, a statutory right, p. 31:5. Definition of, p. 41:15; p. 43:20. Foreign country, p. 23:45. Infringement— Acts of 1902 and 1906 remain in force, p. 16:35. Act of 1902, text, p. 40:20. Act of 1906, text, p. 41:35. By mechanical instruments, p. 21:5, International copyright, p. 29:15. License to republish, p. 12:30. Mechanical instruments for reproduc- tion of, p. 20:35. Mechanical performance of, right to make contrivances for, p. 10:10. Notice of intention to reproduce mechanically, p. 21:15. Performance in public does not con- stitute publication, p. 10:20. Posthumous, p. 20:5. : Procedure in case of infringement, p. 40:20; p. 42:40. Published before act of 1911, p. 23:1. Right to make new adaptation, etc., p. 41:15. Royalties for mechanical instru- ments, p. 21:40. Seizure of pirated copies, p. 40:25; p. 43:5. Words included, for mechanical re- production, p. 21:30. See also Mechanical instruments; Per- forated roll. Name of author, p. 14:35. INDEX. National Library of Wales: Deposit of copies, p. 18:25. Not entitled to all books published, p. 18:40. Negative. See Photograph. New Zealand, p. 33:10. Newfoundland, p. 33:15. Newspaper: Address of political nature may be reported in, p. 24:25. Contribution to, p. 13:20. Deposit of copies, p. 18:25. Included in ‘‘collective work,” p. 32:30. Lecture may be reported in, unless expressly prohibited, p. 11:15. Notice to be published in London, p. 26:20. Summary in, does not constitute in- fringement, p. 10:35. Notice: In London newspapers, p. 26:20. Of continued publication or perform- ance of assigned works, p. 25:45; p. 26:20. Of detention of imported articles, p. 17:40. Of intention to reproduce a published work, p. 12:15. Of legislation by self-governing do- minion, p. 27:20. To prohibit newspaper report of lecture, p. 11:20. Notice of user: / Board of Trade may make regulations, p. 22:40. Of musical work for mechanical re- production, p. 21:15. Novel, right to convert into dramatic work or vice versa, p. 10:5. Omissions from musical work, p. 23:5. Order in Council: For copyright in self-governing do- minions, p. 28:5. Necessary for application of act of 1911 to self-governing dominions, p. 9:25. Relating to foreign country, mechan- ical reproduction of musical work, p. 23:45. To extend act of 1911 to foreign country, p. 29:10. To extend act of 1911 to British protectorates, p. 29:1. 51 Owner of copyright: Author shall be first, p. 13:1. Employer, p. 13:15. Entitled to all infringing copies, p. 15:10. In case of mechanical instruments, p. 20:40. In existing works assigned, p. 25:40. In music, entitled to infringing copies, p. 40:30. May assign copyright, p. 13:25. Refusal to republish or allow per- formance, p. 12:35. Owner of manuscript of posthumous work, p. 20:20. Ownership: Law of foreign country, p. 30:10. Prima facie, p. 14:30. Oxford University, Bodleian Library, de livery of copy to, p. 18:20. Painting: Fine arts copyright act, 1862, p. 37:5. Included in “‘artistic work,’’ p. 32:10. Of work of sculpture or artistic crafts- manship or architectural work of art publicly exposed, p. 10:40. Pamphlet, included in ‘‘book,’”’ p. 19:10. Passages from published literary works. See Extracts. Patents and designs act, 1907, p. 24:40. Penalties: Destruction of infringing copies, p. 16:30. Fine or imprisonment, p. 16:15; p. 16:25. ; For being in possession of pirated music, p. 41:40. For dealing with infringing copies, etc., p. 15:40. For failure to deposit copies, p. 19:5. For fraudulent works of art, p. 37:20. See also Infringement. Perforated rolls for mechanical instru- ments: Copyright in, p. 20:35. Foreign country, p. 24:1. Included in term ‘“‘plate,’’ p. 33:5. Not included in _ expressions “plates,” or “‘pirated copies,’’ p. 43:30. Right to make, p. 10:10. Made prior to act of 1911, p. 24:5. 52 Performance: Definition of, p. 32:40; p. 33:20. In public, does not constitute publi- cation, p. 10:20. Mechanical. See Mechanical instru- ments. Of work assigned before act of 1911, p. 26:5. Right to convert work into dramatic work by way of, p. 10:10. Right to perform, p. 9:30. Performing right defined, p. 35:5. Periodical, included in “collective work,’’ p. 32:30. Periodical contributions, p. 13:20; p. 34, footnote. Photograph: Author of, p. 24:30. Definition of, p. 32:20. Fine arts copyright act, 1862, p. 37:5. Included in ‘‘artistic work,’’ p. 32:10. Not included in “‘engravings,’’ p. 32:20. Of sculpture or architectural works, issue of does not constitute publi- cation, p. 10:25. Of work of sculpture or artistic crafts- manship or architectural work of art publicly exposed, p. 10:40. Ordered made for valuable consider- ation, ownership of, p. 13:5. Term of copyright in, p. 24:30. Photo-lithograph, included in ‘‘photo- graph,” p. 32:25. Piracy. See Infringement. Plan: For artistic work, author’s right to use, p. 10:35. Included in expression “book,” p. 19:10. Included in “literary work,’’ p.31:40. Plates: Definition of, p. 33:1; p. 43:25. For infringing copies, p. 15:5; p. 16:30. For mechanical instruments, p. 20:40. For printing or reproducing pirated music, penalty for owning, p. 42:1. Of engraving, photograph or por- trait, ownership of, p. 18:5. Political address, newspaper report of, p. 24:25. Portrait ordered made for valuable con- sideration, ownership of, p. 18:5. Posthumous works, p. 20:5. INDEX. Prim4 facie ownership, p. 14:30; p. 20:20. Prints: Contained in book, p. 19:15. ; Included in “engravings,’’ p. 32:20. Privy council, judicial committee of the, may grant license, p. 12:35. Proclamation in British possession, p. 34:20. Produce, right to, p. 9:30. Proof. See Evidence. Proprietor of copyright. See Owner. Proprietor of work when author’s name is not stated, p. 14:40. .Protectorates, British, extension of act of 1911 to, p. 29:1. Public reading or recitation of extract from published work allowed, p. 11:30. Publication: Definition of, p. 10:15; p. 33:20. First, in British dominions copyright secured, p. 9:20. Of works of foreign authors, p. 25:5. Supplemental 28:45. First, in foreign country, p. 29:10. Of passages from published literary work, p. 11:5. Of report of lecture publicly deliv- ered, p. 11:15. Simultaneous, or first, p. 33:25. Published work: Copyright secured, p. 9:20. May be reproduced after 25 or 30 years under certain conditions, p. 12:10. Publisher: Liable for failure to deposit, p. 19:5. Must deliver copy to British Museum, p. 18:10. Of collective work for schools, p. 11:5. Owner, when author’s name is not indicated, p. 14:40. Reading in public, extract from pub- lished work, p. 11:30. Receipt for copy delivered to British Museum, p. 18:10. Reciprocal protection in British posses- sions and foreign countries, p. 28:10; p. 29:30. Recitation: Of extract from published work, p. 11:30. Piece for, included in dramatic work, p. $2:5. legislation, p. INDEX. Records for mechanical instruments: Copyright in, p. 20:35. Foreign country, p. 24:1. Included in term “ plate,’’ p. 33:5. Not included in the expressions “pirated copies’? and “plates,’’ p. 43:30. Made before act of 1911, p. 24:5. Right to make, p. 10:10. Registration of designs, p. 24:40. Regulations: By Board of Trade— For deposit of copies, p. 19:1. For mechanical instruments, p. 22:35. G For royalties, p. 12:20; p. 22:10. By Commissioner of Customs for im- portation, p. 17:15. For reproduction and royalties, p. 12:25. Remedies: Civil, for infringement, p. 14:15. For enforcing rights in British do- minions, p. 27:30. Repeal by legislature of self-governing dominion, p. 27:35. Repealed acts, p. 34:1; p. 35:10. Report of lecture. See Lecture. Representation: By means of mechanical instrument, included in term “performance,” p. 32:45. See also Performance. Representatives of author: In case of assignment, p. 23:25. Included in term “‘author,.” p. 26:40. Reversionary interest to, p. 14:1. Reproduce, right to, p. 9:30. Research, fair use of work for, does not constitute infringement, p. 10:30. Residence or resident: Definition of, p. 33:45. In British dominions, p. 9:20; p. 25:10; p. 27:20; p. 28:10; p. 28:40. In foreign country, p. 29:20. In case of unpublished work, p. 33:40. Of body corporate, p. 24:35. Review: Deposit of copies, p. 18:25. Essay or article published in, p. 34, footnote. Fair use of work for purposes of, p. 10:30. Included in “collective work,” p. 32:30. 58 Roll, perforated. See Perforated roll. Royalties: For mechanical reproduction, p. 21:15; p. 21:40. For music published prior to act of 1911, p. 23:10. For republishing copyright work, p. 12:20. For works assigned before act of 1911, p. 26:10. Sale: Importation for, p. 11:40. Infringement of copyright by illegal, p. 11:30. Penalties for unlawful, p. 15:40. Schools, publication of extracts for use of, p. 11:5. Scotland, appeal in copyright suit, p. 16:40. Sculpture, work of: Included in “artistic work,” p. 32:10. Includes casts and models, p. 32:10. Issue of photographs and engravings does not constitute publication, p. 10:25. Making or publishing of paintings, etc., of, when publicly exposed, p. 10:45. Seizure: . Of pirated copies of music, p. 40:25. Of unlawful copies of musical work, and plates, p. 43:5. See also Infringement. Self-governing dominion, meaning of, p. 33:15. Sermon included in “lecture,” p. 33:10. Sheet of letter-press included in expres- sion “book,” p. 19:10. Sheet of music included in expression “book,” p. 19:10. Simultaneous publication, p. 33:25. See also Publication, first. Sketch for artistic work, author’s right to use, p. 10:35. Speech included in “lecture,” p. 33:10. Statutory right, p. 31:5. See also Common law right. Stereotype plate, p. 33:1. Structure. See Building. Study for artistic work, author’s right to use, p. 10:40. Subject-matter of copyright: Literary, dramatic, musical and artistic work, p. 9:15. 54 INDEX. Substituted right: - Translation: Sec. 24, act of 1911, p. 25:20. Production or importation of, p. First schedule, p. 34:25. 30:20. Summary, newspaper, p. 10:35. Summary remedies, p. 15:40. Table: Included in expression ‘‘book,”’ p. 19:10. : Included in ‘‘literary work,” p. 31:40. Term of copyright: General, life of author and 50 years after his death, p. 12:10. In existing works, p. 25:20. In existing works assigned, p. 26:5. In mechanical contrivances, p. 20:40. In photographs, p. 24:30. In posthumous works, p. 20:5. In work acquired by assignment, p. 13:40. In work of joint authorship, p. 19:20. International copyright, p. 29:40. Mechanical contrivances, royalties for, p. 22:10. Published work, 25 or 30 years after author’s death may be reproduced on payment of royalties, p. 12:15. Publisher of collective work cannot take more than two extracts from same author within five years, p. 11:10. Theatre, performance in, without consent of copyright owner, p. 12:5. Title describing works for use in schools, p. 11:5. Trade, to distribute for purposes of, p. 11:35. Right to produce, reproduce, per- form, or publish, p. 10:5. Trinity College, Dublin, deposit of copies, p. 18:20. Union of South Africa, p. 33:15. University copyright, p. 31:25. Unpublished work: By British subject or resident, p. 9:20; p. 33:40. Copyright in, a statutory right, p. 31:5. Right to publish, p. 10:1. Wales, National Library of, deposit of copies, p. 18:25; p. 18:40. Warrant: Not required for seizure of infringing copies of music, p. 40:30. Not required for arrest of infringer of music, p. 42:15. Search, may be granted by court, p. 42:40. Will, assignment made by, p. 13:40. Woman, married, as joint author, p. 20:5. Wood-cuts included in ‘‘engravings,’’ p. 32:20. Words of musical work, p. 21:30. Work of joint authorship. See Joint authorship. Work of sculpture. See Sculpture. Year book included in ‘‘collective work,” p. 32:30. O 2 en Buran Now33. “Paper i0c: : “International Copyrig me nion bene “convention, © “1896: Berlin convention, -1908." Report of [Thorvald Solberg ys United States.to the In haaatfoihe -conicrencé for. the revi a right Conventions nee. ‘at ‘Berlin, Geman 6opp.. 4°: 1908. a aaa ‘on Copyri he I e inmlatit er the Regist: ‘of Co ghts, “States copyright. aan Revised. Statutce relati g nie “enactments, ae dist * a copyrig [tay LIBRARY OF CONGRESS THE COPYRIGHT LAW OF THE UNITED STATES OF AMERICA BEING THE ACT OF MARCH 4, 1909 (IN FORCE JULY 1, 1909) AS AMENDED BY THE ACTS OF AUGUST 24, 1912, MARCH 2, 1918, AND MARCH 28, 1914 TOGETHER WITH RULES FOR PRACTICE AND PROCEDURE UNDER SECTION 25 BY THE SUPREME COURT OF THE UNITED STATES Copyright Office Bulletin No. 14 [5000, October, 1914] WASHINGTON GOVERNMENT PRINTING OFFICE 1914 PREFATORY NOTE. The Act here printed passed both Houses of Congress on March 3 and was signed by the President on March 4, 1909. (Statutes at Large, vol. 35, part 1, pp. 1075-1088.) The Act went into effect on July 1, 1909. As stated in its title, it is “An Act to Amend and Consolidate the Acts respecting Copyright,” and it takes the place of the copyright enactments formerly in force, the repealing clause reading as follows: “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.” (Section 63.) Section 25 provides that “Rules and regulations for practice and procedure under this section shall be prescribed by the Supreme Court of the United States.’’ In compliance with this requirement “Rules for Practice and Procedure” were adopted and promulgated by the Supreme Court on June 1, 1909, and they are, for convenience, reprinted in this edition of the law, pages 31-35. The first Act amendatory of the new copyright law was approved on August 24, 1912. This Act, known as the ‘Townsend Bill,” amends section 5 by adding two new classes of copyright works, namely, “ (1) Motion-picture photoplays,” and “‘ (m) Motion-pictures other than photoplays.”” It amends section 11 by including express directions for the deposit of the title and description and of a certain number of prints from the scenes, acts, or sections of each motion pic- ture; and also by adding “dramatico-musical compositions” to the list of unpublished works enumerated in section 11 as subject matter of copyright. The Act further amends section 25 by providing special limited damages in the case of infringement by means of motion pic- tures, where the infringer shows that he was not aware that he was infringing and that such infringement could not reasonably have been foreseen. The Act approved March 2, 1913, amends section 55 to require certain changes in the certificate of copyright registration. The Act approved March 28, 1914, amends section 12 so as to re- quire the deposit of on copy only, in lieu of two copies, in the case of all works by an author who is a citizen or subject of a foreign state or nation and has been published in a foreign country. In this issue of the law the provisions of the new amendatory Acts have been substituted and the change in text is shown by using italic type in sections 5, 11, 12, 25, and 55 to show the new language. This print also contains notice (pages 29-30) of thePresidential procla- mations issued under provisions of law in relation to copyright in the United States for works of foreign authors, and the special procla- 3 4 PREFATORY NOTE mations under section 1 (e) of the act of March 4, 1909, securing copyright controlling the parts of instruments serving to reproduce mechanically a musical work, namely for Belgium, Cuba, Germany, Luxemburg, and Norway. The copyright convention with Hungary, in force October 16, 1912, also includes protection of music under section 1 (e). The full text of the convention will be found on pages 38-39. THORVALD SOLBERG, Register of Copyrights. Marca 30, 1914. Nors.—According to the opinion of the Attorney General, of December 22, 1909, section 3 of the act of 1874 is still in force; see page 40. CONTENTS. Constitutional provision respecting copyright (art. 1, sec. 8)..........2...00005 ACT OF MARCH 4, 1909. Nature and extent of copyright (secs. 1-3). ......2...2..0eccce cece eeeeeeenes Subject matter of copyright (secs. 4-7).....-..-. 0... cece cece ence eee ee eeeeee Classification of copyright works (sec. 5)............2 eee cece cee eeeeeeee Who may obtain copyright (sec. 8).....-2.2.2...02 cece cece ence cence cee eeeees How to secure copyright: Publication of work with notice (sec. 9)....2.......220. cee cece eee eee eeee Registration of copyright work (secs. 10-11)..........-..2.202ceee cece eens Deposit of copies of copyright work (secs. 12-14). .....-..-.----2-2-020e- Manufacturing provisions (secs. 15-17).........2...0.220 20 eee eee ee ee eee Affidavit of American manufacture (sec. 16)...........--.----+-0-00++ Notice of copyright (secs. 18-20)......... 2.2.2.2 cece cece cece ence eee eee Ad interim copyright for books published abroad in the English language (BOC8. 21-22) ce ces eset crenewessaee ves oes eee eweeeadelest sees esate Duration of copyright (sec. 23)........22. 22-22 cece eee cence eee cere ee eeene Extension of subsisting copyrights (sec. 24). ............202-2 eee eee eee Protection of copyright: Infringement; damages, etc. (secs. 25-28).............-.-eeee ee eee eee eee ee False notice of copyright (secs. 29-30). .....-2....... 220 e cence eee eee eeee Importation (secs: (31-33) 2 sisccsssacmucasiwas oeciieamanen ound noe ne ede Jurisdiction and copyright suits (secs. 34-40).........2222-2.2 eee eee ee eee Assignment of copyright (secs. 41-46)........0... 0020 e eee ee eee eee ee eee ee Copyright Office administration (secs. 47-60).........2..-2-2020202 eee eee ee ee Copyright fees (sec) 61) 2.222% ssscwescsce sey e sss ccsndewswenedawes veveset cae Miscellaneous provisions: Definitions; ‘‘date of publication,”’ ‘‘author” (sec. 62)........-...------- Repealing clatise: (sec: 63) osccswnackctswawcte.tcchinnesamsaseeceeee bees Date of enforcement (sec. 64)........22....0. 022 e eee eee eee eee eee eee List of Presidential proclamations. ................ 2-22-0220 e2cece eee eee eee APPENDIX: Rules for practice and procedure under section 25, adopted and promul- gated by the Supreme Court of the United States, June 1, 1909......... Presidential proclamation, April 9, 1910. ........-..--...--2+202--- 2208 Copyright convention between the United States and Hungary, in force October 16; 19122 c22400e5 624 se endeevesle speach Sea oer UN Suarez ANE Page. oon 11 ll ll 12 13 14 15 15 16 16 19 20 21 22 23 27 28 28 28 29 31 36 38 40 41 CONSTITUTION, 1787. ArT. 1, Src. 8. The Congress shall have power: -.-.-- 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. 6 AN ACT TO AMEND AND CONSOLIDATE THE ACTS RESPECTING COPYRIGHT. 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: 5 (a) To print, reprint, publish, copy, and vend the to pint, publ, copyrighted work; vend: (b) To translate the copyrighted work into other lan- ,,!fclusive Ment guages or dialects, or make any other version thereof, if it (amar ar be a literary work; to dramatize it if it be a nondramatic* 10 work; to convert it into a novel or other nondramatic 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; (c) To deliver or authorize the delivery of the copy- ,.°*iusive tight 15 righted work in public for profit if it be a lecture, sermon, pi° | "mons address, or similar production; (d) To perform or represent the copyrighted work gravatic mons publicly if it be a drama or, if it be a dramatic work and ¢ Mie or oor not reproduced in copies for sale, to vend any manuscript *™ ° 20 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, repre- 25 sent, produce, or reproduce it in any manner or by any method whatsoever; (e) To perform the copyrighted work publicly for ,,7operform mu profit if it be a musical composition and for the purpose jAysement, | set- of public performance for profit; and for the purposes 30 set forth in subsection (a) hereof, to make any arrange- ment 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 not retroac- 35 Act, so far as they secure copyright controlling the parts’ 7 8 COPYRIGHT LAW OF THE UNITED STATES of instruments serving to reproduce mechanically the musical work, shall include only compositions published cimaun? “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 (See page30.] States similar rights: And provided further, and as a condition of extending the copyright control to such me- ereontrol of me chanical reproductions, That whenever the owner of a reproduction. 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 copy- of RoMalty for useright proprietor of a royalty of two cents on each such ords, ete. part manufactured, to be paid by the manufacturer there- of; 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 succecding 20 month. The payment of the royalty provided for by this 25 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: mrctice of useof And provided further, That it shall be the duty of the copyright owner, if he uses the musical composition him- self for the manufacture of parts of instruments serving muigense to useto reproduce mechanically the musical work, or licenses others to do so, to file notice thereof, accompanicd 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 copy- right. roving ° P8Y 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. 30 35 40 45 COPYRIGHT LAW OF THE UNITED STATES 9 i iti i iti Reproduction The reproduction or rendition of a musical composition ,,Reprodue tion by or upon coin-operated machines shall not be deemed a operated ma public performance for profit unless a fee is charged for admission to the place where such reproduction or rendi- 5 tion occurs. Sec. 2. That nothing in this Act shall be construed to , Right at com- annul or limit the right of the author or proprietor of an ety. unpublished work, at common law or in equity, to pre- vent the copying, publication, or use of such unpublished 10 work without his consent, and to obtain damages therefor. Sec. 3. That the copyright provided by this Act shall , ome tgiy protect all the copyrightable component parts of the Mshtable work, work copyrighted, and all matter therein in which copy- right is already subsisting, but without extending the 15 duration or scope of such copyright. The copyright , composite upon composite works or periodicals shall give to the pro- i's. prietor thereof all the rights in respect thereto which he would have if each part were individually copyrighted under this Act. 20 Sec. 4. That the works for which copyright may be, Wgrks pro secured under this Act shall include all the writings of ‘ an author. Sec. 5. That the application for registration shall spec- ore ify to which of the following classes the work in whic 25 copyright is claimed belongs: (a) Books, including composite and cyclopedic works, ee ome directories, gazetteers, and other compilations; Legh as (b) Periodicals, including newspapers; ; , (c) Lectures, sermons, addresses (prepared for oral 30 delivery); (d) Dramatic or dramatico-musical compositions; (e) Musical compositions; (f) Maps; (g) Works of art; models or designs for works of art; 35 (h) Reproductions of a work of art; (i) Drawings or plastic works of a scientific or tech- , nical character; (j) Photographs; (k) Prints and pictorial illustrations; 40 (1) Motion-picture photoplays; (m) Moticn pictures other than photoplays:! Provided, nevertheless, That the above specifications , Classification shall not be held to limit the subject-matter of copyright copytight 1 The changes marked, and the addition of the words printed in italics are authorized by the amenda- tory Act of August 24, 1912. 66919°—14——2 10 COPYRIGHT LAW OF THE UNITED STATES as defined in section four of this Act, nor shall any error in classification invalidate or impair the copyright pro- tection secured under this Act. abridements ao eee compilations or abridgements, adapta- caasiatons ney HONS; gements, dramatizations, translations, or 5 editions. other versions of works in the public domain, or of copy- righted works when produced with the consent of the proprietor of the copyright in such works, or works repub- lished with new matter, shall be regarded as new works subject to copyright under the provisions of this Act; but 10 the publication of any such new works shall not affect ee the force or validity of any subsisting copyright upon fected. 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 15 works. Not subject- Sec. 7. That no copyright shall subsist in the original matter of copy- . Bass 2 : ‘ right; works intext of any work which is in the public domain, or in any Government pub- work which was published in this country or any foreign country prior to the going into effect of this Act and has 20 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 25 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. Se the cibiece ol ccpyeit by tes ots or be erecrnre fore fein pyright by ct, or 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 wroreignaurners by this Act shall extend to the work of an author or pro- 35 copvright protec nrietor who is a citizen or subject of a foreign state or nation, only: gcAlion authors (a) When an alien author or proprietor shall be domi- ‘“ciled within the United States at the time of the first publication of his work; or 40 eaathors, when (b) When the foreign state or nation of which such ities granting t° 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 pro- 45 COPYRIGHT LAW OF THE UNITED STATES 11 tection 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 asacet agreement which provides for reciprocity in the granting 5 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 ,.tiination. shall be determined by the President of the United States, by proclamation made from time to time, as the purposes ,,!9%, ,P#8°* 7° 10 of this Act may require. Src. 9. That any person entitled thereto by this Act ,7tlication may secure copyright for his work by publication thereof #5 “opyriht. - with the notice of copyright required by this Act; and such notice shall be affixed to each copy thereof published 15 or offered for sale in the United States by authority of the copyright proprietor, except in the case of books seek- ing ad interim protection under section twenty-one of this Act. Sec. 10. That such person may obtain registration of is tea * 20 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. open’ ce Src. 11. That copyright may also be had of the works een of umpane 25 of an author of which copies are not reproduced for sale, pee er ae 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, musical, or dramatico-musical composition; of a title and description, with one print taken from each 30 scene or act, if the work be a motion-picture photoplay; of a photographic print if the work be a photograph; of a title and description, with not less than two prints taken from different sections of a complete motion picture, if the work be a motion picture other than a photoplay;* or of a 35 photograph or other identifying reproduction thereof, if it be a work of art or a plastic work or drawing. But alee fublicsdae the privilege of registration of copyright secured here- under shall not exempt the copyright proprietor from the deposit of copies, under sections twelve and thirteen 40 of this Act, where the work is later reproduced in copies for sale. Src. 12. That after copyright has been secured by pub- ,, T¥° complete copies of best edi- lication of the work with the notice of copyright as pro- t=. 1 The words printed in italics indicate the amendments authorized by the amendatory Act of August 24, 1912. 12 COPYRIGHT LAW OF THE UNITED STATES soctbeland print, vided 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, or if the work is by an author who is a citi- 5 Work by for: zen or subject of a foreign state or nation and has been pub- igner, published — is : abroad, only lished in a foreign country, one complete copy of the best quirea. “""” ™ edition then published in such foreign country, which copies or copy,' if the work be a book or periodical, shall have been produced in accordance with the manufacturing pro- 10 visions specified in section fifteen of this Act; or if such trineucdical con-work be a contribution to a periodical, for which con- tribution special registration is requested, one copy of the sine see re 8Sue or issues containing such contribution; or if the produced in cop- Work is not reproduced in copies for sale, there shall be 15 rae deposited the copy, print, photograph, or other identify- ing reproduction provided by section eleven of this Act, such copies or copy, print, photograph, or other reproduc- tion to be accompanied in each case by a claim of copy- fee ferright. No action or proceeding shall be maintained for 20 ut cpt ofinfringement of copyright in any work until the provisions of this Act with respect to the deposit of copies and regis- tration of such work shall have been complied with. Failure to de SEC. 13. That should the copies called for by section Pesit copies: twelve of this Act not be promptly deposited as herein 25 con cei ster, of provided, the register of copyrights may at any time after demand copies. 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 pargilure, tod deposit of copies of the work within three months from 30 any part of the United States, except an outlying terri- torial possession of the United States, or within six months from any outlying territorial possession of the United States, or from any foreign country, the proprie- retail pice cr 2tor of the copyright shall be liable to a fine of one hun- 35 copies, best edi: dred dollars and to pay to the Library of Congress twice coprne’ “the amount of the retail price of the best edition of the work, and the copyright shall become void. aoe Src. 14. That the postmaster to whom are delivered the articles deposited as provided in sections eleven and 40 twelve of this act shall, if requested, give a receipt there- for and shall mail them to their destination without cost to the copyright claimant. Printed trom SEC. 15. That of the printed book or periodical speci- t with : ; : 5: theUnited States. fied in section five, subsections (a) and (b) of this act, 45 1 The words printed in italics in sec. 12 are inserted by the amendatory Act of Mar. 28, 1914, which also provides ‘‘That all Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed.” COPYRIGHT LAW OF THE UNITED STATES 13 except the original text of a book of foreign origin in fiidngdaee ce language or languages other than English, the text of all cepted. copies accorded protection under this act, except as below provided, shall be printed from type set within the limits 5 of the United States, either by hand or by the aid of any kind of typesetting 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- ,vithorraphicor engraving process, then by a process wholly performed Drocess: 10 within the limits of the United States, and the printing ,Primtime , and of the text and binding of the said book shall be per- book.» formed within the limits of the United States; which qustrations in requirements shall extend also to the illustrations within # °°: a book consisting of printed text and illustrations pro- 15 duced by lithographic process, or photo-engraving process, and also to separate lithographs or photo-engravings, ex-graphsanaphowe cept where in either case the subjects represented are %#”es located in a foreign country and illustrate a scientific work or reproduce a work of art; but they shall not apply 20 to works in raised characters for the use of the blind, or to ,,Bocks for blind books of foreign origin in a language or languages other ,,Books in, for: than English, or to books published abroad in the English ptea. language seeking ad interim protection under this act. Sec. 16. That in the case of the book the copies so de- afidavit of 25 posited shall be accompanied by an affidavit, under theta ™™™ 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 representa- tive residing in the UnitedStates, or by the printer who has 30 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 pro- duced by lithographic process, or photo-engraving process, 35 that such process was wholly performed within the limits of the United States, and that the printing of the text and printing ana binding of the said book have also been performed within ne Oe He the limits of the United States. Such affidavit shall state also the place where and the establishment or establish-_ Establishment 40 ments in which such type was set or plates were made or was donee = lithographic process, or photo-engraving process or printing and binding were performed and thedate of the completion pate orpuntica- of the printing of the book or the date of publication. on. Src. 17. That any person who, for the purpose of ob- False omaavit, 45 taining registration of a claim to copyright, shall know- fice giao aa ingly make a false affidavit as to his having complied Henn Py . 14 COPYRIGHT LAW OF THE UNITED STATES with the above conditions shail be deemed guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine of not more than one thousand dollars, and all of his rights and privileges under said copy- right shall thereafter be forfeited. 5 rien” PY Seo. 18. That the notice of copyright required by sec- tion 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 10 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), inclu- cone mePssive, of section five of this act, the notice may consist and priate» of the letter C inclosed within a circle, thus: (C), accom- 15 panied by the initials, monogram, mark, or symbol of the cemiuls portion” 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 20 Notice on exist-of works in which copyright is subsisting when this act aa Shalt go into effect, the notice of copyright may be either pages} ““in one of the forms prescribed herein or in one of those prescribed by the Act of June eighteenth, eighteen hun- dred and seventy-four. 25 rigien boone” =© 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 30 heading, or if a musical work either upon its title-page eae yactice 1 or the first page of music: Provided, That one notice of periodical. copyright in each volume or in each number of a news- paper or periodical published shall suffice. io ences, ~=Sec. 20. That where the copyright proprietor has 35 or mistake. 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 40 notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an fringement, '" 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 45 On periodical. COPYRIGHT LAW OF THE UNITED STATES 15 shall reimburse to the innocent infringer his reasonable outlay innocently incurred if the court, in its discretion, shall so direct. Src. 21. That in the case of a book published abroad in ,,Bock Published 5 the English language before publication in this country, P™stsh!neusee. 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 nation- 10 ality of the author and of the copyright proprietor and of the date of publication of the said book, shall secure to eee the author or proprietor an ad interim copyright, which copyright “tor 30 shall have all the force and effect given to copyright by “* this Act, and shall endure until the expiration of thirty 15 days after such deposit in the copyright office. Sc. 22. That whenever within the period of such ad,,fxtension to interim protection an authorized edition of such book shall be published within the United States, in accordance with the manufacturing provisions specified in section 20 fifteen of this Act, and whenever the provisions of this Act as to deposit of copies, registration, filing of affidavit, .pic? hing of and the printing of the copyright notice shall have been ®t. duly complied with, the copyright shall be extended to endure in such book for the full term elsewhere provided 25 in this Act. Sec. 23. That the copyright secured by this Act shall Duration of endure for twenty-eight years from the date of first pub- t™, 28 years. lication, whether the copyrighted work bears the author’s true name or is published anonymously or under an as- 30 sumed name: Provided, That in the case of any posthu- ,F0sthumous mous work or of any periodical, cyclopeedic, or other com- cls, eyelopati posite work upon which the copyright was originally ws. secured by the proprietor thereof, or of any work copy- righted by a corporate body (otherwise than as assignee 35 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 exten- sion of the copyright in such work for the further term 2g yeas” “"™ cf twenty-eight years when application for such renewal 4Q 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 copy- righted, “works, righted work, including a contribution by an individual years, “"" ™ 45 author to a periodical or to a cyclopedic or other compos- 16 COPYRIGHT LAW OF THE UNITED STATES ite work when such contribution has been separately reg- Renewal term, istered, the author of such work, if still living, or the 28 years; to au-"~~ : : 2 thor, widow, chil- widow, widower, or children of the author, if the author next ota.” be not living, or if such author, widow, widower, or chil- dren, be not living, then the author’s executors, or in the 5 absence of a will, his next of kin shall be entitled to a renewal and extension of the copyright in such work for nevotice that re-a further term of twenty-eight years when application sired. for such renewal and extension shall have been made to the copyright office and duly registered therein within 10 one year prior to the expiration of the original term of ingpyignt ends copyright: And provided further, That in default of the in 28 years unless 5 “ f . renewed, registration of such application for renewal and exten- . sion, the copyright in any work shall determine at the expiration of twenty-eight years from first publication. 15 subdting cope, _ SEC. 24. That the copyright subsisting in any work at rights. the time when this Act goes into effect may, at the expira- tion 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, 20 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 25 ges erietor en" period: Provided however, That if the work be a com- fork PoS1t@ Hosite 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 caval PP under this section: Provided, That application for such 30 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. copy! = Seo. 25. That if any person shall infringe the copyright in any work protected under the copyright laws of the 35 United States such person shall be liable: Tnjenciion. (a) To an injunction restraining such infringement; ‘Danigges. (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 40 shall have made from such infringement, and in proving Proving sales. profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every ele- ment of cost which he claims, or in lieu of actual damages and profits such damages as to the court shall appear to 45 COPYRIGHT LAW OF THE UNITED STATES 17 be just, and in assessing such damages the court may, in its discretion, allow the amounts as hereinafter stated, but in'case of a newspaper reproduction of a copy-produtres’ vt righted photograph such damages shall not exceed the fovert"s0:$200 5 sum of two hundred dollars nor be less than the sum of fifty dollars, and in the case of the infringement , mtingement y motion pic- }. , tures. of an undramatized or nondramatic work by means of "TS. nntized motion pictures, where the infringer shall show that he was %, pon-dramatic not aware that he was infringing, and that such infringe- 228°, 3100. 10 ment could not have been reasonably foreseen, such damages shall not exceed the sum of one hundred dollars; and in the case of an infringement of a copyrighted dramatic or dramatico-musical work by a maker of motion pictures and ,,Pramatie work, his. agencies for distribution thereof to exhibitors, where such 98%: *.00. 15 infringer shows that he was not aware that he was infringing a copyrighted work, and that such infringements could not reasonably have been foreseen, the entire sum of such damages recoverable by the copyright proprietor from such infringing maker and his agencies for the distribution to 20 exhibitors of such infringing motion picture shall not exceed the sum of five thousand dollars nor be less than two hundred and fifty dollars, and such damages shall in no other case exceed the sum of five thousand dollars nor be less than , Maximum re. the sum of two hundred and fifty dollars, and shall not sauna re- 25 be regarded as a penalty. But the foregoing exceptions shall not deprive the copyright proprietor of any other remedy given him under this law, nor shall the limitation as to the amount of recovery apply to infringements occurring after the actual notice to a defendant, either by service of 30 process in a suit or other written notice served upon him. First. In the case of a painting, statue, or sculp- ,f.3) 0017 Eo ture, ten dollars for every infringing copy made or jus St or every sold by or found in the possession of the infringer or his agents or employees; 35 Second. In the case of any work enumerated in _ Other works, $1 section five of this Act, except a painting, statue, or mone sculpture, one dollar for every infringing copy made or sold by or found in the pessession of the infringer or his agents or employees; 40 Third. In the case of a lecture, sermon, or ad-_ Lectures, $50 for every infringing dress, fifty dollars for every infringing delivery; delivery. 1 The word “the” before the words “‘case of a newspaper reproduction,” etc., was struck out by the amendatory Act of August 24, 1912. 2 The words printed in italics indicate the amendments authorized by the amendatory Act of August 24, 1912. 66919°—14——3 18 COPYRIGHT LAW OF THE UNITED STATES eee ee Fourth. In the case of a dramatic or dramatico- =» tor first and musical or a choral or orchestral composition, one ie ae hundred dollars for the first and fifty dollars for ee ats every subsequent infringing performance; in the ir evety safe: case of other musical compositions, ten dollars for 5 ing performance. . every infringing performance; Delivering up (c) To deliver up on oath, to be impounded during eee the pendency of the action, upon such terms and condi- tions as the court may prescribe, all articles alleged to infringe a copyright; 10 _ Destruction of (d) To deliver up on oath for destruction all the in- aaah fringing copies or devices, as well as all plates, molds, matrices, or other means for making such infringing copies as the court may order; Infringement (e) Whenever the owner of a musical copyright has 15 by mechanical a, a musical instru-used or permitted the use of the copyrighted work upon nee the parts of musical instruments serving to reproduce mechanically the musical work, then in case of infringe- ment of such copyright by the unauthorized manufac- ture, use, or sale of interchangeable parts, such as disks, 20 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 Injunction may action an injunction may be granted upon such terms be granted. as the court may impose, and the plaintiff shall be entitled 25 Recovery of to recover in lieu of profits and damages a royalty as pro- Ny. vided 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 composi- tion upon the parts of instruments serving to reproduce 30 mechanically the musical work, relying upon the com- Notice to pro- pulsory license provision of this Act, he shall serve notice ats ue. 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 35 duplicate of such notice; and in case of his failure so to do the court may, in its discretion, in addition to sums ti pamases, three hereinabove mentioned, award the complainant a further provided, sum, not to exceed three times the amount provided by ? section one, subsection (e), by way of damages, and not as 40 maa penalty, and also a temporary injunction until the full award, is paid. des gaa nema Rules and regulations for practice and procedure under coo ee this section shall be prescribed by the Supreme Court of pages 31-35. the United States. = 45 COPYRIGHT LAW OF THE UNITED STATES 19 Sro. 26. That any court given jurisdiction under sec- iat ee tion thirty-four of this Act may proceed in any action, suit, or proceeding instituted for violation of any pro- vision hereof to enter a judgment or nome enforcing the 5 remedies herein provided. Sro. 27. That the proceedings for an si anteviane dam- enna ages, and profits, and those for the seizure of infringing > uusted in one copies, plates, molds, matrices, and so forth, aforemen- tioned, may be united in one action. 10 Sec. 28. That any person who willfully and for profit ,Penalty for will shall infringe any copyright secured by this Act, or who shall knowingly and willfully aid or abet such infringe- ment, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment for 15 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 pre- ,,2r"¢/o (SUSe&| ef fer of or fees fees cord | eac . in re pro- | eacl copies, music| 45°" | prie- tor Ig12 Jttl yi cccccsssecs sie 43 |$21. 50 53 | $83.00 16 |$4. 00 22 |$2.20 | $1.00 | $8,472. 70 August...... 30 | 15-00 56 81. 00 24 | 6.00 32 | 3-20] 4-50] 8,679.70 September 64 | 32.00 50 64. 00 39 | 9 75 29 | 2.90 | 19.00] 9,507.65 October... ... 59 | 29.50 60] 111.00 31 | 7-75 30 | 3-00] 11.50 | 10,294.75 November... 61 | 30.50 5° 56. 00 27) 6.75 20 | 2.00 | 16.00 91125. 75 December... 73 36. 50 4I 53-00 27 6. 75 42 | 4.20] 13.50 9407-95 1913 Janwary..... 74| 37-00 88 | 111.00 34 | 850 6r | 6.10 | 10.00 | 11, 713.1 February....} 96 | 48.00 60 75. 00 16 | 4.00 2r | 2.10 | 13-00] 8,617.6 Mareh....... 132 | 66.00 83 91.00 15 | 3-75 12 | 1.20] 49.00 | 10,307.4 April........ 60 | 30.00 59 92.00 38 | 9.50 8} .80| 20.00} 10,064.8 May......... 36 | 18.00 70 91. 00 17] 4.25 13 | I-30] 7-00] 9,515.0 Jume......... 63 | 31-50 52 65. 00 52 |13-00 6| .60] 6.00] 9,274.1 Total..| 791 |395. 50 722 978.00 | 336 |84.00 | 296 |29. 60 |170. 50 |114, 980. 60 154 Report of the Librarian of Congress Exuisit D—Copyright business (monthly comparison). Annual report for the fiscal year from July 1, 1912, to June 30, 1913 COMPARATIVE MONTHLY STATEMENT OF GROSS CASH RECEIPTS, EXE- CUTED BUSINESS, NUMBER OF REGISTRATIONS, DAILY AVERAGES, ETC: * = Gross receipts Month \ Monthly Monthly | Monthly Daily receipts increase decrease average 1912 * Saal ys estes sone ex reer etna oe BREE $8,708.99 |...--0-2- eee $163. 68 $334- 96 WATE BIS ssi 2 ia haancicatinio ee cases 9) 231+ 341.92° September. o5. coscewiiei se ve nggacuwes I0, ITS. 42%. 49° Octobers. o.:cteaetcgiahateencnworien 9,075; 336. 13 November.. 9) 316-90 BATA: low cuigicedieacate 372. 68 December , II, 389- 69 PHOFATO: |\s5 aseeaveds + 455: 58+ 1913 JAMMU ALY ae sss escchecdiccsiians Fa newasaones vs 13)477-10 2,087.41 |... see ee eee 518.35 February... 9) 446. 40 Joes ee scenes 4; 030. 70 4I0. 7I. Marchis); wsiccarcuiins idee be weminsie reas 10, 163. 76 FIFO BO! | siiarovre ds 540 406. 55 Aprilcy esi dora ale didosaaGaiert ad 24m OVD 2 LS Iisiwieinsce Siestevinte 188. 61 383. 66 IMG Y?s: sreeeesicnnint aa 26 26 oem aek eae oh op 8, 762-26 |... sees eeoes I, 212. 89 337: OL Jie ities arencany ends aaa ae aie 9, 304-91 RAD OG! | vie dua Ne eecdes 372-19 TOtal sarc sssi ie tee sdicedtbicndye nd 03 We 3 LIB iOOS. 26 || disiigrey Seuciesaabstordus sy ee bare] maRMORRRA Business executed Month ; \ x Daily 1912-13 Increase Decrease average IgI2 $8, 472.70 |...ecee eens $920. 40 $325.87 8,679. 70 $207.60 eas ea cssccins 321. 47- 9) 507. 65 BaFOS Wlecaw ca averse: 396. 15 - 10, 294. 75 WSPEIO NN eins cisco “381. 28' Oy TAGFS) | cnisavieweses s I, 169. 00 365.03 - 9) 407-95 ZBQ SAO 55% diavararcceesssis 376. 32 II, 713-10 2,305.15 |....... ” = 45Q 507 8,617.60 |..... aixéa Had 3,995. 50 374 68, 10; 307. 45 1, 689. 85 Cea. 412.307 10,064. 80°]... 2. eee eens 242. 65 387. 11’. Gy ST§HOS) |ecosedwies earners 549: 75 _ 365. 96° 9) 274.10 biccsseecenns 240.95 370. 96 114, 980. 60 Register of Copyrights 155 Exursit D—Copyright business (monthly comparison). Annual report for the fiscal year from July I, 1912, to June 30, 1913—Contiaued ” Number of registrations Month - ‘ Totals Increase | Decrease ple . 1912 ; July IS Re a Sa 2el Guana adgatyd Bi860! || woscendaaas 624 341 August..... 8,933 332 _ September 9,878 Ait OCROD ER sors tess se ser oe tices acs s ie saeddiapioise, 10, 656 BB! | src ydeaece, 395 November. ‘ OpSAF Neva wecewrseens 1,113 381 9,771 228° |csinadncnmcrnas 391 12,191 25A20 | rsmarivncaesinca's 469 85838: |saxes seazean 37353 384 10, 587 EPA. |asrvsaiarcsaieccvernes 423 TORBOS |e sri avis dvacdraicness 124 402 91944 |icpenanr vaca 519 382 9, 825 119 393 EOE xcneseusenes ivvieseneel ARGVABS Nota 95 pa hacl| ta RaMaced wenwamen ae om 119, 495 .Exutpit E—Statement of gross cash receipts, business executed, number of registrations, etc., for 16 fiscal years, 1897-98, 1898-99, 1899-1900, Ig00-I90I, I90I-2, 1902-3, 1903-4, 1904-5, 1905-6, 1906-7, 1907-8, ‘ 1908-9, 1909-10, IQIO-II, IQII-I2, 1912-13 r GROSS RECEIPTS Month 1897-98 1898-99 1899-1900 | 1900-1901 Ig01-2 1902-3 \ ; Dl Ye cces css $4,257.70 | $5,102.74 | $5,156.87 | $5,571.51 | $5,382. 28 $5,429. 52 August..... 4) 525-27 4,675. 96 4,846. 97 5,864. 68 4; 880. 60 4; 504. 56 September.. 5; 218. 87 4) 714. 82 6,078.95 4,986. 62 5, 295- 87 5) 539. 67 October.... 5,556.21 | 5,149.07 5) 583-59 6,027. 36 5) 399-03. 5,651.16 November.. 4; 292. 88 4; 788. 30 55479 15 5,068. 11 §, O19. 10 5 646. 93 December .. 6,512.60 |. 6,435.56 6, 728. 06 7) 332-53 7, 201. 64 8,005. 75 January.... 6, 074. 03 6,050. 86 7,649. 80 7,155.68 7,604. 08 8, 053. 81 February... 4; 606. 92 5,141. 40 5) 523-47 4; 803. 50 4, 810. 59 5,360. 48 5,138. 78 6, 300. 02 6, 515. 43 6,049. 07 5, 899. 56 6, 119. 54 5) 053+ 21 5,198. 69 6, 086. 82 5,789. 03 5) 580. 14 6, 005. 89 5386. 93 5) 593-50 5, 660. 36 5, 580. 11 5) 762. 92 51395. 02 June........ 4,476. 16 5) 034- 73 5, 762. 86 5) 297-05 5) 569. 27 5, 821. 58 Total. &t;090..56 64,185.65 | 71,072.33 | 69,525.25 | 68,405.08 71, 533-97 156 Re port of the Librarian of Congress Exuizpitr E—Siatement of gross cash receipts, business executed, number of registrations, etc., for 16 fiscal years, etc.—Continued GROSS BUSINESS—Continued Month 1903-4 1904-5 1905-6 1906-7 1907-8 1908-9 POY, cossea $5,380.97 | $5,540.30 | $5,779-98 | $6,469.68 | $6,772. 43 $6, 498. 83 August..... 4,958. 30 5,770. 70 6,071. 25 5, 601. 93 7,179.19 6, 193. 68 September.. 5,658. 48 6, 849. 35 6, 405. 60 6, 137-15 6, 605. 38 6, 606. 26 October.... 6, 323-42 |« 6,704. 89 6, 789. 36 6, 786. 13 7, 343-10 7, 306. 88 November. . 51 303- 93 6,056. 79 6,310.94 6, 920. 64 6, 327. 06 6, 546. 78 December . . 8, 581. 60 7,699. 47 7,981. 03 7, 856. 74 7,386. 04 7) 873: 33 January.... 7,502.53 8, 946. 60 9) 321-94 10,992. 30 9; 260. 75 10, 192. 88 February...) 6,185.14 6, 029. 62 6, 259. 18 6,318.95 6, 558. 38 7) 303-02 6, 567. 73 7,311.90 6. 965. 43 7,662. 29 7,048. 94 7, 894. 60 5,996. 58 6, 806. 66 6,954. 68 7,524. 81 7, 460. 41 7, 360. 88 6, 540. 88 6, 531-99 6, 814. 08 8,173- 59 6, 334- 10 6, 522. 35 6, 303. 27 6, 192. 29 6,957- 45 6,940. 10 6, 766. 25 6, 786. 04 Total.| 75,302.83 | 80,440.56 | 82,610.92 | 87,384.31 85,042. 03 87, 085. 53 Month Ig09-10 IQlo-1I IQII-12 1912-13 Qualys we es aes Sede aecncaeae $8,244.05 | $7,660.44 | $8,831.36 $8, 708. 99 8, 451. 80 7) 425-97 8, 687. 42 9, 231. 85 9) 032. 45 8, 800. 67 9, 256: 83 IO, 115. 79 9, 635. 19 9, 288. 51 | 10,579.96 9,075. 46 9, 166. 19 8, 636. 00 9,328. 47 91316. 90 ITI, 504. OI 11,907. 32 II, 721. 86 II, 389. 69 12, 198. o2 13,564. 79 13, 655-73 13)477- 10 8, 450. 90 9, 096. 69 IO, 204. 08 9, 446. 40 9; 912. 31 9) 984. 89 9; 869. of 10, 163. 76 9,185. 51 9, 122. 67 I0, 007. 36 91975: 15 8, 410. 45 9, 036. 88 9,134. 76 8, 762. 26 9) 471-95 9, 136. 69 8, 872. 67 91 304. OF Totals sscinwpaseiw ve ng seca’ 113,662. 83 | 133,661. 52 | 120,149. 51 118, 968. 26 Register of Copyrights ; 157 Exuipit E—Statement of gross cash receipts, business executed, number of registrations, etc., for 16 fiscal years, etc.—Continued BUSINESS EXECUTED Month 1897-98 1898-99 1899-1900 | 1900-1901 Igo1-2 1902-3 i Jalyices eens | $3,769.00 | $4,724.50 | $4,789.50 | $5,115.00] $4,886. 50 $4, 781. 00 August..... | 4; 296. 00 4; 266. 50 41709. 50 5) 404. 50 4; 837. 50 4) 599.00 September. / 4) 559- 50 4) 537-50 | | 53357-50 4) 738. 00 4, 828. 00 51 388. 50 Oectober..... | 4,899.00] 4,744.00] 5,317.00] 5494-50 | 5,275. 50 51492. 50 November...’ 4,062.00 4, 269. 50 4, 810. 50 4, 500. 50 4; 360. 00 5) 242. 00 December. ..! 5) 262.00 5,088. 50 5) 183. 00 6; 339. 00 6, 176. 50 7,228. 50 January... | 6, 224. 50 6,192. 50 8, 000. 50 6,410. 50 73765. 00 8, 107.00 February...' 4, 204. 00 4; 505. 50 5) 032. 50 4, 546. 50 4; 629. 00 5) 159. 00 March...... 4; 865. 00 5,312. 50 5,871. 50 5,416. 50 5) 473-50 51993. 00 April. ...... | 4,835. 50 4, 899. 00 5,535: 50 5,653. 50 5) 271-50 6,025.00 May........ | 4) 610. 50 5,076. 00 5) 229. 50 5,045. 50 5, 809. 00 5,074. 50 june........! 4,339- 50 4, 651.00 5,369. 50 5,023. 50 5,475.00 5; 784. 50 Total... 55,926.50 | 58,267 00 | 65,206.00 | 63,687.50 | 64,687.00 68, 874. 50 Month 1903-4 1904-5 1905-6 1906~7 1907-8 1908-9 $5,001.00 | $5,553.50 | $5,520.50] $6,350.00 | $6,509.00 $6, 200. 50 5) 043- 50 5) 707- 50 5) 734-50 51584. 50 6, 820. 00 5,875. 00 September. . 5,406. 00 6, 431-50 6,171. 50 5) 559-00 6, 682. 00 6, 408. 50 October..... "5,945. 50 6, 873. 00 6,752.00 6, 865. 50 6, 819. 00 7,188. 50 November. . 5) 250. 50 5) 653-00 5, 802. 00 6, 420. 50 6, 181. 00 6, 227. 50 December... 7,441.00 6, 760. 00 77458. 00 7, 863. 50 6, 889. 00 7,657.75 January....; 8,120. 50 9) 432. 50 9)719.00 | 10,590. 00 9) 247- 50 10, 206. 00 February... 6, 001. 50 5) 544. 50 6,076. 50 6, 190. 00 6, 203. 50 6, 693. 50 6, 146. 50 7, 266. 00 6, 777-50 7;399- 50 6, 885. 00 7,772.50 57953: 50 6, 635. 00 6, 610. 00 7;145- 50 7, 189. 50 6, 852. 50 6, 160. 00 6,014. 50 7,020. 50 7, 883. 50 6, 186. 00 6, 525. 50 6, 159. 50 6, 187. 00 6, 556. 00 6, 833. 50 6, 776. 00 6, 209. 00 Total...| 72,629.00 | 78,058.00 | 80,198.00 | 84,685.00 | 82,387.50 83, 816. 75 Month 1909-10 IQIO-1I IQII-12 1912-13 PALL Ves satel dvecut ng sa@acinensiue aad ameetioe $4,975-90 | $7,069.70 | $7,301. 80 $8, 472. 70 73707: 90 6, 831. 65 8,377. 80 8,679. 70 8,523.10 | 9,050.40 | 10, 796. 65 91 507. 65 9,067. 50 9, 293. 85 10,959. 20 10, 294. 75 9, 584. 90 8, 852. 35 8,852. 50 91 125-75 10, 066. 40 9, 897. 35 91 698. 85 91 407-95 9, 044. 90 10, 441. 80 II, 214. 30 II, 713-10 8, 138. 80 10, 093. 60 9, 502. 25 8, 617. 60 10, 146. 85 9, 665. 65 II, 237-30 10, 307- 45 91 449- 70 9,476. 50 9) 756. 00 10, 064. 80 8, 267. 45 8, 778. 85 9595-30 | 9, 515-05 9,671. 55 10, 462. 25 9) 393-10 9) 274.10 Total oie oi adarcdmiees $i-hatan ese 0 104; 644-95 | 109,913.95 | 116,685.05 | 114,980. 60 158 Report of the Librarian of Congress Exurpir E—Siatement of gross cash receipts, business executed, numbe” of registrations, etc., for 16 fiscal years, etc.—Continued NUMBER OF REGISTRATIONS Month 1897-98 | 1898-99 |1899-1900|1900-1901| Ig0I~-2 | 1902-3 | 1903-4 | 1904-5 5015 | 5,653 | 6,835 | 7514 | 7010 | 6,748 | 7,107} 7,778 5,618 | 6,005 6,525 7,822 | 6,776 | 6,452] 7,147 8,059 6,106 | 6,188 7,571 6,685 | 6,684} 7,132 | 7,605 8, 487 6,368 | 6,316 7,627 7,90l | 7,305 | 7,772 | 8,289 9,326 5,288 | 5,682 6, 814 6,210 | 5,909} 7,397 | 71352 8, 109 7,408 | 7,288 7 284 9,693 | 9,190 | 10,792 | 10, 248 9,436 9,220 | 9,556 12, 808 9,87r | 12,24x | 12,808 | 12,546} 15,116 51514 | 6,552 7s 521 6,421 | 6,333] 7,144] 8,519] 7,939 6,350 | 7,417 8,311 7,755 | 73757 | 8,663 | 8,657} 10,879 6,494 | 6,834 8, 089 8,062 | 7,527 | 7,839 | 8,412 | 10,066 6,222 | 6,888 7,508 | 6,974 | 8,325 | 6,907] 8,546] 8,845 53942 | 6,589 | 7,905 7/443 | 7,921 | 8,327] 8,702 | 9,334 Total...... 75,545 | 80,968 | 94,798 | 92,351 | 92,978 | 97,979 |103,130 | 113,374 Month I905-6 | 1906-7 | 1907-8 1908-9 | 1909-10] I9IO-II | IQII—-I2 | 1912-13 Jitl¥suesesnciey os 8,241 | 9,023 9,594 8,985 | 5,106] 7,465 | 7,681 8, 869 August.......... 8,337 | 8,142 10, 004 8,190 | 8,124 | 7,262 | 8,957 8,933 September. 9,001 | 7,792 9, 281 9,040 | 8,941 | 9,514 | 11,155 9,875 October.......... 9,778 | 9,682 9,652 | 10,098 | 9,672 | 9,806] 11,493 | 10,656 November 8,317 9,374 8, 804 8,820 | 9,969 | 9,232 9, 086 9» 543 December. 10,936 | 11,557 10, 163 II,009 | 10,527 | 10,388 | 9,925 9,771 January......... 15,358 | 16, 841 14, 615 16,079 9,519 | 11,096 | 11,591 12, 19r February........ 8,639 | 8,901 8, 863 9,301 | 8,414 | 10,476 | 10,077 8, 838 March... 9,628 | 10,750 9,999 | 11,005 | 10,481 | 9,948 | 11,456 | 10,587 Aprile sccccacan 9,402 | 10, 422 Io, 316 9,612 | 9,808] 9,916 | 10,146 | 10,463 MA YVimen rte usuce 10,41 | 11,317 8,616 9,076 8, 532 9, 229 9, 871 9,944. 9,656 | 9,938 9,838 8,916 | 9,981 | 10,866 | 9,493 9, 825 Total...... 117; 704, 123,829 | 119,742 | 120,131 |109,074 |115,198 |120,931 | 119,495 Register of Copyrights 159 Exuipit E—Statement of gross cash receipts, business executed, number of registrations, etc., for 16 fiscal years, etc.—Continued COMPARATIVE STATEMENT OF GROSS RECEIPTS, YEARLY FEES, AND NUMBER OF REGISTRATIONS Year a Increase | Decrease $61,099. 56 |....-2. 2. eee : 64,185.65 | $3,086.09 71,072. 33 6, 886. 68 |....... Vaienavons 695525525) Isecscueeeay $1,547.08 68 40508. | i acsesiscasereusiase I, 120.17 71, 533-91 3, 128. 83 [oc cece es enee 75, 302. 83 37968002 | neccisaca aso 80, 440. 56 By DG P93) [aieleersineceeevess 82, 610. 92 2; 190136: |seraestasieve 87,384. 31 Ay GIS BG) | wisiosnaisnece reas 855.0422,03. feieree n ece-scee'e 2,342. 28 87, 085. 53 2)/GA51 50 |iwroe cee gee 113, 662. 83 26, 577-30 |....05 davaietsiass IQIo-11.. sid TAZHOOTH SD | ere ee cc cssiaveieiern 1.31 QL INT 2: css e kaa akan Meee Nieete BETES 120, 149- 51 6, 487-99 |.ccseceeeeee GE DEL ec lta carer kw avaiceacnai tons ease Reta ia RE 118, 968. 26 |....-..-.005 1, 181. 25 TP otal sesagd earaerwiennintanacieuemusionanuces £5370).130:08) |v o3,.eeen | vecigeaean ees Year Yearly fees | Increase | Decrease ES THOR hea ete cs eg tie sisicrcten teenies SEE ere SESH AOiSO5|ltavainss sporaacnacne| nearevonve wie tree 58,267.00 | $2,340.50 |........000e 65, 206. 00 6, 939-00 |....ceeeeeee 63,687. 50 |....-...-00e $1, 518. 50 64, 687. 00 909680" | nsisoresee cis drave 68, 874. 50 By TSGe GO? | asicicveareieie eave 72,629. 00 Bs FSaeG0! | vex xcaneaws 78,058. 00 By A290 OO! |e. 2.siswsscroreaae 80, 198. 00 2,140.00 |... eeeeeeee 84, 685. 00 Hy ABF600! | doviomasiece oiseie S238 750 Vesacsocwesas 2,297. 50 83, 816. 75 TyA2Qe2§ | oa cease wines T9OO-1O i: ws weg Re AOS eS eee cere 104; 644. 95 20, 828. 20 |...cs reece IQIO-II.. 109; 913-95 5; 269. 00 POUL ATS coer joe sve scasnacdians topos elbie WU MATAR POA 116, 685. 05 6,771. 10 POLI rece cp ax tamwededecr etaMigh wre tes geecing 114,980: 60 |oessceesccns 1, 704. 45 EP otal: acusceumnaaaeaye cakes oawrmiramaaier soak TyZOAHOMZUBO econ per ececaediliade vaconalswcoeen 160 Report of the Librarian of Congress Exuipit E—Statement of gross cash receipts, business executed, number of registrations, etc., for 16 fiscal years, etc.—Continued COMPARATIVE STATEMENT OF GROSS RECEIPTS, YEARLY FEES, AND NUMBER OF REGISTRATIONS—Continued Number of registrations Increase Decrease Year 751 545 80, 968 94, 798 92,351 92,978 97,979 103, 130 113,374 117; 704 123, 829 T19, 742 120, 131 109,074 115,198 120,931 EQUA AT 3h eisveeiodsgia Gi Sb wini gions tesated oc Ggsaichensatans wre dielsieene TI9Q, 495 Totalins a \sneie as aseunaed $e oonaeeay comets T609)239 |awawavenins solavanteesc Exuisit F—Table of registrations made during fiscal years 1901-2, 1902-3, 1903-4, 1904-5, 1905-6, 1906-7, 1907-8, 1908-9, I9g09-Io, IQIO-I1, 1911-12, and 1912-13, arranged by classes 1901-2 1902-3 1903-4 1904-5 Class A. Books: (a) Books (vols.) and pamphlets........ 8,399 10, 589 15,870 16,037 (b) Booklets, leaflets, circulars, cards... . 95174 7,827 3361 3) 366 (c). Newspaper and magazine articles... . 6, 699 8,050 8, 593 10, 457 DOtalie.d soctispicainaid waavveomews vets 24,292 26, 466 27,824 29, 860 Class B. Periodicals (numbers).............. 21,071 22,625 21, 496 22,591 Class C. Musical compositions............... 19, 706 21, 161 23,110 24) 595 Class D. Dramatic compositions. ba £448 1, 608 1, $71 1,645 Class E. Maps and charts................... 1, 708 1,792 1, 767 1, 83 Class, F. Engravings, cuts, and prints....... 5,999 51546 6, 510 II, 303 Class G. Chromos and lithographs........... 2,010 2,232 2,384 2; 581 Class H. Photographs..................00005 137923 13, 519 14) 534 15,139 Class I. Finearts: Paintings, drawings, and SCUIpture ys. + casewier i <4, haicaiwnea sa 2,841 3,030 31934 3,829 Grand total. ios ces ceacs to 14 ceneewins 92,978 97:979 | 103,130 1135374 Register of Copyrights 161 Exurpit F—Table of registrations made during fiscal years IgoI-2, 1902-3, 1903-4, 1904-5, 1905-6, 1906-7, 1907-8, 1905-9, I909-IO, IQIO-II, I9II-12, and 1912-13, arranged by classes—Continued 1905-6 1906-7 1907-8 1908-9 Class A. Books: (a) Books (vols.) and pamphlets........ 15) 504 TOj68T || secnnawines|| ymsayecownies (b) Booklets, leaflets, circulars, cards... . 4) 567 15 NHRD S| f svscsraseesneranees| reasasasesonsetnists (c) Newspaper and magazine articles. ... 9,190 i033) \ erstersearsiasaticelttaascecaniesnsces AL Ota bag ixencrnedetnivn moncemmahee naan 29, 261 30) 879 30, IQ 32) 533 Class B. Periodicals (numbers).............. 23, 163 23,078 22,409 21,195 Class C. Musical compositions. . 26, 435 31,401 28,427 26, 306 Class D. Dramatic compositions 1,879 2,1T4 2,382 2,937 Class E. Maps and charts.................0- 1,672 1,578 2,150 1,949 Class F. Engravings, cuts, and prints....... 10, 946 12,350 10, 863 11,474 Class G. Chromos and lithographs........... 3,471 2,733 2,734 2, 899 Class H. Photographs.................-..5-- 17,269 15, 836 16, 704 16, 764 Class I. Fine arts: Paintings, drawings, and StCulptureisiacacnassaseneananee 3) 608 3) 860 3,882 4,074 Gratd AOE ooo iiss tkdivtsnencsiana oe reat 117,704 | 123,829] 119,742 120,131 1909-10 | IgQIO-11 IQII-12 IgI2—-13 Class A. Books (including pamphlets, leaf- lets, and contributions to periodi- cals): (a) Printed in the United States......... 23,115 24,840 26, 540 26, 784 (6) Printed abroad in a foreign language. 1,35 I, 707 2,294 2,369 (c) English books registered for ad in- terim copyright.................... 274 423 452 419 Total ie snccecnmmnncsoniamasaue 24,740 26,970 29, 286 29,572 Class B. Periodicals (numbers).............. 21, 608 23,393 22,580 23,002 Class C. Lectures, sermons, addresses 117 102 106 185 Class D. Dramatic or dramatico-musical compositions. ................0005 3,911 3,415 3) 767 3,700 Class E. Musical compositions. . 3 24) 345 25) 525 26,777 26, 292 Glass: Maps): iascwacmannnniorseneeases sens 2,622 2,318 2,158 2, OIL Class G. Works of art; models or designs.... 4,383 39355 3) 224 2,871 Class H. Reproductions of works of art.,.... 751 222 47 13 Class I. Drawings or plastic works of a scien- tific or technical character........ 317 232 590 462 Class J. Photographs. a 13,348 14,469 13,498 12,778 Class K.-Prints and pictorial illustrations.... 11,925 14, 269 17,639 16,591 Class L. Motion-picture photoplays..........[.......00.[ecc cece ee afece seen eee 892 Class M. Motion pictures not photoplays....]......... 0)... . cece feces ence ee 61 REnEWalSy, f.cisccihis ob sseietweeeeas 1,007 928 1,349 1,065 Totals: sncessuse de semen ee 109,074 | 115,198 | 120,931 119) 495 162 Report of the Librarian of Congress 4 ye Exuipir G—Table of articles deposited during 12 fiscal years, 1897-98, 1898-99, 1899-I900, I900-I90I, IgOI-2, 1902-3, 1905-6, 1906-7, 1907-8, 1908-9* 1903-4, 1904-5, 1899- | I900~ 1897-98 | 1898-99 1900 1901 IQOI-2 1. Books: (a) Books proper .i..cccerevewesveryes 5,575 | 5,834! 6;550| 7,746 7,027 (b) Volumes, circulars, leaflets, etc....] 4,698 | 43196 | 5,073 | 5,770 6, 259 (c) Newspaper and magazine articles.) 3,262 | 5,185 | 8,851 | 9,010 5,577 z. Dramatic compositions 391 507 561 634 815 3. Periodicals (numbers)......... Teapeieiog ae 33,726 | 9,777 | 14,147 | 17,702 | 19,573 4. Musical compositions..............002.08+ 17,217 | 19,976 | 16,505 | 16,409°| ‘21,295 5. Maps and charts............. : 1,296 | 1,478 | 1,353 | 1,718 1, 566 6. Engravings, cuts, and prints............. 2,912 | 3,505| 3,503] 5,687 | 5,636 7. Chromos and lithographs................. 747| 1,050| 1,257] 1,817) 1,757 8. Photographs............... seeceeees{ 5,777 | 7,695 | 12,115 | 13,064 | 13,884 9a. Miscellaneous (unclassified articles)...... 375 Tee | eaoleccspepte | ekerane es 2 paige 55,976 | 59,217 | 69,915 | 79,857 | 83,389 Two copies of each article were received ..|r1r,952 |118, 434 |139,830 {150,714 | 166,778 y. Photographs with titles of works of art . for identification, one copy each........ 853 | 1,709 | 1,614 | 2,569 2,948 Grand Ota. sisiceascoe saidaetieressateie ye tee sists 112,805 |120,143 |141,444 |162, 283 | 169,726 1902-3 1903-4 1904-5 1905-6 a. Books: (a) Books proper........--....0000005 Q) 222 12,967 13,389 12, 893 (6) Volumes, circulars, leaflets, etc. ... 5,255 3,084 2,910 3,602 (c) Newspaper and magazine articles. . 7,097 7,883 9, 08x 7,833 z. Dramatic compositions.................05 986 1,098 I, 224 I, 380 3. Periodicals (numbers). x 21,498 20, 320 23) 457 22,116 4. Musical compositions..................055 19, 801 21,205} -22,984 24, 80r § Maps and charts x.ccaeca is or oeranavases vad 1, 801 1,547 I, 817 1,708 6. Engravings, cuts, and prints.............. 5) 830 51938 10, 460 10; 239 7. Chromos and lithographs................. 2, 006 2,167 25443 31039 8. Photographs.............. 000.0 ce seee sues 13,790 14,258 13,954 16, 210 87, 286 90, 465 IOI, 719 103,821 Two copies of each article were received...} 174,572 | 180, 930 | 203,438 207, 642 9. Photographs with titles of works of art for identification, one copy each............ 2,947 3,869 3,986 3496 Grand total........... so Saeco ecoseucee mitt 177,519 | 184,799 | 207,424 211,138 *For continuation, 1909-1913, see page 164. : Register of Copyrights 163 Exurpit G—Table of articles deposited during 12 fiscal years, 1897-08, 1898-99, I899-I900, I900-I90I, I90I-2, 1902-3, 1903-4, 1904-5 1905-6, 1906-7, 1907-8, and 1908-g—Continued 1906-7 1907-8 1908-9 Total 1. Books: (a) Books proper..........cse reece eee 12,992 (6) Volumes, circulars, leaflets, etc..... 5,340 25,363 27425 265,352 (c) Newspaper and magazine articles... 8, 403 2. Dramatic compositions. 1, 568 1,904 2,226 13) 294 3. Periodicals (numbers).................000. 235554 21,378 22, 288 229, 536 4. Musical compositions......... Reeoniniesen 27,308 27,673 23,969 259) 441 5. Maps and charts 1,572 2, 082 1, 848 19, 786 6. Engravings, cuts, and prints.............. II, 233 11,125 10,137 86, 205 7. Chromos and lithographs................4. 2,589 2,682 2, 802 24,356 Bi Photographsiavis sisiarcicsisicsiereaioe siniaainaraiaitne 16,672 16, 306 15,650 159,375 ga. Miscellaneous (unclassified articles)......)...000eeeslecneeeeeeeleeeeeeenes 389 III, 231 108, 513 106,345 | 1,957,734 ‘Two copies of each article were received..| 222,462 | 217,026 | 212,690 | 2,115,468 Foreign books received under act of Mar. 585 796 1, 146 2,527 9. Photographs with titles of works of art for identification, one copy each............ 4,000 3,900 | = 4,033 351924 Grand total............-.006. ieegtbigrestnand 227,047 | 221,722 | 217,869 | 2,153,919 164 Report of the Librarian'of Congress Exuipit G—Table of articles deposited during 1909-10, IQIO-II, I9QII-I2, and 1912-13, with total deposits in each class for 16 fiscal years, 1897-08, 1898-99, 1899-1900, I900-Ig0T, I9OI~2, 1902-3, 1903-4, 1904-5, 1905-6, 1906-7, 1907-8, 1908-9, I909-I0, IQIO-II, IgII-I2, and IQI2-E3 Igog-10 | 1910-11 | 1911-12 | 1912-13| Total 1. Books: (a) Printed in the United States: Volumes. ..... 0... cece eee 15,682 | 17,997 | 19,650 | 19,952 Pamphlets, leaflets, etc...... 21,565 | 23,344 | 22,184 Contributions to newspapers | }30, 150 and periodicals............ 5,709 | 5,705 | 5,826 45,832 | 45,271 | 48; 695 | 47,962 (b) Printed abroad in a foreign lan- PUAPC i ancsanai alta tee 2,920 | 3,181 | 4,606] 4,731 English works registered for ad interim copyright ............ 275 635 643 429 49,027 | 49,087 | 53,948 | 53,122 735) 888 2s POTiOd Cal Sis sjcccdse's gecesi gato isiag eo ¥ 4 sigh 49,156 | 46,780 | 45,172 | 46,070 646, 250 3. Lectures, sermons, etC.........-.0eeeee 117 102 107 183 509 4. Dramatic or dramatico-musical compo- sitions 4,165 | 4,800 | 4,616 453723 5. Musical compositions 50,225 | 52,167 | 50,415 726, 115 6, MapSsicsswewige ws oe seis ee 4,648 | 4,344] 3,980 87, 788 7. Works of art; models or designs....... 4,383 | 3,365 | 3,223 | 2,86r 49,756 8. Reproductions of works of art......... ‘x, 502 456 4° 26 2,024 8a, Chromos and lithographs............. Ta arvlaueaiane leardietece gaps we norte mare vienews 48, 712 9. Drawings or plastic works of a scientific 2 or technical character 237 609 862 2,025 10, Photographs... . 0. cccsesesw ori ccssevecs | 25,083 | 25,802 | 23,734 421, 165 11. Prints and pictorial illustrations....... | 21,502 | 25,079 | 29,309 | 27,824 276, 124 12, Motion-picture photoplays............ Ltn 1,742 £3. Motion pictures not photoplays........'........ 160 14. Miscellaneous (unclassified articles) 778 1s. Foreign books received under act of Mars 9, 1905.ccawiecwincuis sa cueneieace een eth 2,527 Totall2:44 sation dtdiiweas vo tekwteeasae 219,024 209,227 |219,521 |215,595 | 3,017,286 Addenda to the Report of the Register of Copyrights, 1912-13 CONTENTS I. Copyright legislation enacted during the fiscal year 1912-13, pages 167-170. II. Decisions of the United States courts involving copyright, pages 171-217. III. Digest of the Opinions of the Attorneys General and of the Treas- ury decisions concerning copyright, etc., pages 219-226. IV. Copyright convention between the United States and Hungary, in force Octoher 16, 1912, page 227. 165 Addendum I CopyRIGHT LEGISLATION ENACTED DURING THE Fiscal YEAR 1912-13 {Sixty-second Congress, second session, Public—No. 303, approved August 24, 1912 (H. R. 24224)] AN ACT To amend sections five, eleven, and twenty-five of an act Cobyright legis. entitled ‘An act to amend and consolidate the acts respecting copy- oe ne rights,’’ approved March fourth, nineteen hundred and nine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections five, eleven, and twenty-five of the act entitled ‘‘ An act to amend and consolidate the acts respecting copyrights,’’ approved March fourth, nineteen hundred and nine, be amended to read as follows: “Src. 5. That the application for registration shall specify to which of the following classes the work in which copyright is claimed belongs: “(a) Books, including composite and cyclopedic works, directories, gazetteers, and other compilations; “(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; “(1) Motion-picture photoplays; “(m) Motion pictures other than photoplays: “Provided, nevertheless, That the above specifications shall not be held to limit the subject matter of copyright as defined in section four of this act, nor shall any error in classification invalidate or impair the copyright protection secured under this act.”’ “Sec. 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, musical, or dramatico-musical com- position; of a title and description, with one print taken from each scene or act, if the work be a motion-picture photoplay; of a photo- graphic print if the work be a photograph; of a title and description, 19293133 167 168 Report of the Librarian of Congress with not less than two prints taken from different sections of a com- plete motion picture, if the work be a motion picture other than a photoplay; 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 sec- tions twelve and thirteen of this act, where the work is later reproduced in copies for sale.’’ “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: (a) To an injunction restraining such infringement; “(b) To pay to the copyright proprietor such damages as the copy- right proprietor may have suffered due to the infringement, as well as all the profits which the infringer shall have made from such infringe- ment, 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 herein- after stated, but in 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 in the case of the infringement of an undramatized or nondramatic work by means of motion pictures, where the infringer shall show that he was not aware that he was infringing, and that such infringement could not have been reasonably foreseen, such damages shall not exceed the sum of one hundred dollars; and in the case of an infringement of a copyrighted dramatic or dramatico-musical work by a maker of motion pictures and his agencies for distribution thereof to exhibitors, where such infringer shows that he was not aware that he was infringing a copyrighted work, and that such infringements could not reasonably have been foreseen, the entire sum of such damages recoverable by the copyright proprietor from such infringing maker and his agencies for the distribution to exhibitors of such infringing motion picture shall not exceed the sum of five thousand dollars nor be less than two hundred and fifty dellars, 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. But the foregoing exceptions shall not deprive the copyright proprietor of any other remedy given him under this law, nor shall the limitation as to the amount of recovery apply to infringements occurring after the actual notice to a defendant, either by service of process in a suit or other written notice served upon him. “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 infring- Register of Copyrights | 169 ing 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 a 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; “(c) To deliver up on oath, to be impounded during the pendency of the action, upon such terms and conditions as the court may pre- scribe, 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. ““(e) Whenever the owner of a musical copyright has used or per- mitted the use of the copyrighted work upon the parts of musical instru- ments serving to reproduce mechanically the musical work, then in case of infringement of such copyright by the unauthorized manufac- ture, 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, subsec- tion (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 mechan- ically 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 dupli- cate 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 pro- vided 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. “Rules and regulations for practice and procedure under this sec- tion shall be prescribed by the Supreme Court of the United States.’”’ Approved, August 24, 1912. (Sixty-second Congress, third session, Public—No. 40s, approved March 2, 1913. (H.R 23568.)] AN ACT To amend section fifty-five of ‘An act toamend and consoli- Act approved date the acts respecting copyright,’’ approved March fourth, nine-/@" 4 1913 teen hundred and nine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section fifty-five of the act entitled ‘‘An act to amend and consolidate the acts respecting 170 Report of the Librarian of Congress copyright,’’ approved March fourth, nineteen hundred and nine, be amended to read as follows: “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 registra- tion under seal of the copyright office, to contain the name and ad- dress of said claimant, the name of the country of which the author of the work is a citizen or subject, and when an alien author domiciled in the United States at the time of said registration, then a statement of that fact, including his place of domicile, the name of the author (when the records of the copyright office shall show the same), the title of the work which is registered for which copyright is claimed, the date of the deposit of the copies of such work, the date of publication if the work has been reproduced in copies for sale, or publicly distrib- uted, and such marks as to class designation and entry number as shall fully indentify the entry. In the case of a book, the certificate shall also state the receipt of the affidavit, as provided by section six- teen 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 in the case of all registrations made after this Act goes into effect, and in the case of all previous registrations so far as the copyright office record books shall show such facts, 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. 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 copy- rights shall furnish, upon request, without additional fee, a receipt for the copies of the work deposited to complete the registration.” Approved March 2, 1913. Addendum II DECISIONS OF THE UNITED States CourTS INVOLVING COPYRIGHT ! Aeolian Co. v. Royal Music Roll Co., June 18, 1912, page 171. Atlas Mfg. Co. et al. v. Street & Smith, March 26, 1913, page 173. Baker v. Libbie et al., January 3, 1912, page 18r. Beifeld v. Dodge Publishing Co., December 28, 1911, page 188. Crown Feature Film Co. v. Levy et al., October 21, 1912, page 189. Dam v. Kirke LaShelle Co., December 12, 1908, page 190. Dam v. Kirke LaShelle Co., February 16, 1910, page 194. Journal Publishing Co. v. Drake et al., October 14, 1912, page 203. Lydiard-Peterson Co. v. Woodman, March 3, 1913, page 207. New York Times Co. v. Sun Printing & Publishing Ass’n., April 14, 1913, page 211. Ricordi & Co. v. Mason et al., December 4, 1911, page 213. Ricordi & Co. v. Mason, October 31, 1912, page 216. AEOLIAN Co. v. Royat Music Ro. Co. (District Court, W. D. New York. June 18, rgr2.) CopyRIGHTS—MUSICAL COMPOSITIONS—RECORDS FOR MECHANICA, PRODUCTION— Prracy—‘‘ PARTY AGGRIEVED.” Copyright Act March 4, 1909, c. 320, sec. re, 35 Stat., 1075 (U. S.Comp. St. Supp., Aeolian Co. Va 1911, P. 1472), gives the owner of a copyright for a musical composition the exclusive Royal Music Rolt right to make or license another to make perforated music rolls or records for me- “% chanically producing such composition, subject to the condition that, if he shall make or authorize the making of such records, any other person may make similar use of the work on payment of a fixed royalty. The right so given to a subsequent maker, however, does not authorize him to copy the record of the first maker, but his work must be done from the original composition, and under section 36 of the act, which authorizes a suit in equity by any person aggrieved to enjoin the viola- tion of any right secured thereby, the original maker, whether the proprietor of the copyright or his licensee, is entitled to an injunction to restrain such copying or reproduction of his records. In equity. Suit by the Molian Company against the Royal Music Roll Company. On motion for preliminary injunction. Granted. George D. Beattys, of New. York City, for complainant. Thayer & Tuttle, of Buffalo, N. Y., for defendant. 1 This republication of headnotes and other matter from the Reporter System, with permission of the copyright owner, the West Publishing Co., in nowise affects the copy- right. See Section 7 of the Copyright Act of March 4, 1909. 171 172 Report of the Librarian of Congress Hazet, district judge. The question raised in this case involves the right of the complainant, the Holian Company, under the copyright act of March 4, 1909, to restrain the defendant, the Royal Music Roll Company, from copying and duplicating perforated music rolls or records manufactured by the former. While under the provisions of the copyright law such music rolls or records are not strictly matters of copyright, Congress in passing the enactment evidently intended to protect copyright proprietors in their right to their productions and to give them an exclusive right to print, publish, and vend the same. If the copyrighted work be a musical composition, the owner, under the provisions of the statute, after complying therewith, has the exclu- sive right to perform it publicly for profit, and may, if he chooses so to do, make “an arrangement or setting’’ of the musical composition, pub- lished or copyrighted after the passage of the act, for mechanical repro- duction. In this manner the copyright owner retains control of the right to manufacture music rolls, and the mechanical reproduction of such music or composition is optional with him. If he elects to mechan- ically reproduce it, or knowingly acquiesces in such use of reproduc- tion by another, ‘‘any other person,’’ the act says, “‘may make similar use of the copyrighted work’’ upon payment of a royalty. The bill avers that prior to making the music rolls or records in ques- tion complainant was given permission and license to mechanically reproduce the copyrighted composition and to make perforated rolls therefrom. By such permission or license the owners of the copyright transferred to the licensees their right to manufacture perforated rolls, or parts, or instruments to mechanically reproduce the copyrighted music. The provision of the statute (section re) that “any other person may make similar use of the copyrighted work’’ becomes auto- matically operative by the grant of the license; but the subsequent user does not thereby secure the right to copy the perforated rolls or records. He can not avail himself of the skill and labor of the original manufacturer of the perforated roll or record by copying or duplicating the same, but must resort to the copyrighted composition or sheet music and not pirate the work of a competitor who has made an original perforated roll. The defendant contends there is no provision in the copyright act for an action of this kind by the manufacturer of perforated rolls or records—a licensee of the copyright proprietor—and that the license herein granted conveyed nothing beyond the right to use the copy- righted music. This court, however, is of a different opinion, and thinks that Congress gave to the owner of the copyrighted work and to his licensee the right to maintain an action such as this. By section 36 of the copyright act it is provided that any party aggrieved may file a bill in equity and a circuit (now district) court of the United States may grant an injunction to prevent and restrain the violation of any rights secured by such act. To effect the purpose intended by Congress this provision must be given reasonable construction (Bobbs-Merrill Co. v. Straus et al., 210 U. S., 339; 28 Sup. Ct., 722; 52 L. Ed., 1086), and to give it such construction requires holding that the phrase “any party Register of Copyrights 173 aggrieved’’ includes a licensee who has obtained a right to manufacture and sell perforated rolls. The phrase is not limited merely to owners of the copyright, but is broad enough to include licensees or others having permission from the owner of the copyright to mechanically reproduce the musical composition. The allegation charging copying of the rolls by the defendant is not denied. The motion for temporary injunction is granted. [196 Federal Reporter, pp. 926-928.) ATLAS Mrc. Co. ET AL. v. STREET & SMITH. (Circuit Court of Appeals, Eighth Circuit. March 26, 1913.) No. 3826 ‘RADE-MARKS AND TRADE NAMES—REGISTRATION—EFFECT. Act Feb. 20, 1905, ¢. 592, 33 Stat., 724 (U. S. Comp. St. Supp. r9r1, p. 1459), author- izing registration of trade-marks, provides that the applicant shall specify the class of merchandise and the particular description of goods comprised in such class to which the trade-mark is appropriated, a description of the trade-mark itself, and a statement of the mode in which it is applied. Held, that where complainant regis- tered the words “Nick Carter” as a trade-mark and described the goods to which it was attached as ‘‘a weekly periodical devoted to fiction,’ the only property entitled to protection under such trade-mark was a periodical; and hence complainants were not entitled to restrain the use of the term “ Nick Carter’’ as the name of a personage shown in moving pictures. z. TRADE-MaRKs AND TRADE NAMES—LITERARY PROPERTY. Literary property in a book can not be protected by a trade-mark, nor otherwise than by copyright. 5. TRADE-MARKS AND TRADE NAMES—UNLAWFUL COMPETITION—SIMILARITY OF Goons. That complainants for many years have published detective stories embodying the character “Nick Carter’’ did not entitle them to an injunction restraining the use of such name to designate a character represented on moving-picture films depicting a detective story, on the theory of unlawful competition and trade, there being no similarity in the “class of goods’’ offered for sale. 4. COPYRIGHTS—LITERATURE—CHARACTER. That complainants’ ‘Nick Carter’’ detective stories were not of the highest clas; of literature did not bar complainants from relief in the courts against piracy, the stories being proper subjects of copyright. . LITERARY PROPERTY—KIGHTS OF AUTHOR. The author of a literary work, at common law, has the exclusive right to the firs - publication only, but has no exclusive right to multiply or control subsequent copie by others, this right being entirely a creature of statute, secured by the copyright laws of different Governments. . LITERARY PROPERTY—LITERARY WORKS. Neither the author nor proprietor of a literary work has any property in its name that being a term of description which serves only to identify the work, and may be adopted and applied to any other book or trade commodity, provided the person does not use it as a false token to induce the public to believe that the thing to which he has applied it is the identical thing which it originally designated. . COPYRIGHTS—BOOKS—TITLE. The copyright of a book does not prevent others from taking the same title for another book, though the copyright has not expired. uw a ~ Atlas Mjg.Co. et al.v. Street & Smuth. » 174 Report of the Librarian of Congress 8, CopyRIGHTS—EXPIRATION—RIGHTS OF PUBLIC. On the expiration of the copyright of a novel, any person may use the plot for a play, copy or publish it, or make any use of it he sees fit; so where one writes and copyrights a play based on a novel, and bearing the same title as the novel, he can not prevent another from giving the same name to an entirely different play which has been constructed from that novel. 9. CopyriGHTS—EXPIRATION—COPYRIGHTED NAME. The right to use a copyrighted name on the expiration of the copyright becomes public property, subject to the limitation that the right be so exercised as not to deceive the public and lead them to believe that they are buying the particular thing which was produced under the copyright. 10. COPYRIGHTS—TRANSLATION—DRAMATIZATION—STATUTES. Rev. Stat., § 4952, as amended by act Cong. March 3, 1891, c. 565, 26 Stat., 1107 (U.S. Comp. St. 1901, p. 3406), providing that authors or their assigns shall have the exclusive right to dramatize and translate any of their works for which copyright shall have been obtained, makes such exclusive right an integral part of the copy- right itself. 11. TRADE-MARKS AND TRADE NAMES—UNLAWFUL COMPETITION—PROTECTION, ‘The law of unfair trade is to protect the honest trader in the business which fairly belongs to him; to punish the dishonest trader, who is taking his competitor’s busi- ness by unfair means; and to protect the public from deception. 12, TRADE-MARKS AND TRADE NAMES—INFRINGEMENT—RIGHT TO RELIEF. To sustain a charge of infringement of a trade-mark, the owner must have used it on the same class of goods put out by the alleged infringer, but not necessarily on the same species of goods. 13. TRADE-MARKS AND TRADE NAMES—NATURE OF RIGHT—CHARACTER OF PROTEC- TION. Neither trade-mark nor trade name can afford protection to detective stories, as such, whether published or still unpublished, and much less where neither title nor composition is pirated and but a single common character is used by the alleged infringer. 14. LITERARY PROPERTY—FORMS OF PRODUCTION—MOVING PICTURES—DRAMATIZA- TION—Booxs. : Moving pictures and dramatization being cognate forms of production, when the latter is copyrighted, it necessarily includes the former; but in the absence of copy- right no such relation exists between cither moving pictures or dramatization and a written book relating the same story. Hook, circuit judge, dissenting. Appeal from the District Court of the United States for the Eastern District of Missouri; David P. Dyer, judge. Suit by Street & Smith, a copartnership, against the Atlas Manufac- turing Company and another. Decree for complainants, and defend- ants appeal. Reversed, and appeal dismissed. James Love Hopkins and Nelson Thomas, both of St. Louis, Mo., for appellants. Hugh K. Wagner, of St. Louis, Mo. (Leonard J. Langbein, of New York City, on the brief), for appellees. Before Hook and Situ, circuit judges, and VAN VALKENBURGH, district judge. VAN VALKENBURGH, district judge. Appellees, complainants below, are citizens of the State of New York, and are the members of a co- partnership known and styled as Street & Smith. This firm is engaged in the business of publishing detective stories characterized by the general name of “Nick Carter.’’ Its publications are issued weekly and consist, exclusive of cover, of 32 pages 11 by 8 inches in size. Of these pages, 26 are devoted to a detective story complete in itself; 5 Register of Copyrights 175 pages to space-filling items under the heading ‘‘News of All Nations’’; and 1 page to advertising other publications issued by the same firm. The cover is in colors and presents in order the serial number, date, ‘price, general title ‘‘Nick Carter,’’ the specific title of the detective story, as ‘“The Red Button,’’ contained in that issue, and an illustra- tion characteristic of the story, or depicting some incident init. Slight modifications of interior make-up have since been made, but this description applies to complainants’ exhibit, filed with their bill July 1, 1912. The function of the weekly issue is the publication of the single detective story contained therein. A different story under a distinct title is published each week. These stories are complete in themselves. The only connection between them is that the detective character, Nick Carter, is the central figure in each. April 19, 1910, complainants registered the name “‘ Nick Carter’’ as a trade-mark for “a weekly publication devoted to fiction,”’ alleging that it had been used in their business and that of their predecessors since March 30, 1885. The appellant Atlas Manufacturing Company is a Missouri corpora- tion domiciled in the city of St. Louis. Its business includes the manufacture and sale of moving-picture films. Appellant Crawford is its president. In January or February, 1912, said Atlas Manufacturing Company employed certain persons, named, respectively, Wolcott and Hamilton, to write a scenario or memorandum of the series of events in a detective story. This story was then acted with appropriate stage setting and the performance photographed in sequence. From these photographs a film was prepared, and it is the purpose of appellants to sell, rent, or lease this film to such persons as may desire to display it in moving-picture theaters. As advertised the story presents ‘Nick Carter, the Great American Detective, Solving the $100,000.00 Jewel Mystery.’’ It appropriates neither title, plot, nor situations of any story published by complainants. The name Nick Carter is used, and a detective story is-portrayed. The name of the appellant corporation, as manufacturer, is displayed upon the screen. Complainants, claim- ing the ‘exclusive right to make, sell, print, publish, and display to the public detective stories marked with the name and trade-mark ‘Nick Carter’ and called and known by the trade-name ‘Nick Carter,’”’ filed their bill of complaint July 1, 1912, to restrain defendants from using this name in any connection or form. A preliminary injunction was granted, and defendants appealed. Complainants have taken out no copyright upon any of their publications. Therefore no rights arising under the copyright law are presented for determination. The property rights asserted are based (1) upon registered trade-mark; (2) upon long-established trade-name. [z] The trade-mark registered is ‘Nick Carter.’’ The law authorizing such registration provides that the applicant shall specify ‘‘the class of merchandise and the particular description of goods comprised in such class to which the trade-mark is appropriated, * * * a description of the trade-mark itself,’’ and ‘‘a statement of the mode in which same is applied and affixed to goods. * * *’’ Act Feb. 20, 1905, 33 Stat. L., pt. 1, c. 592, p. 724 (U. S. Comp. St. Supp., 176 Report of the Librarian of Congress Igt1, p. 1459). In compliance with this requirement complainants particularly describe their so-called goods as ‘‘a weekly periodical devoted to fiction.’ To entitle this publication to protection under the trade-mark granted, it must conform to the description filed; it must be a periodical. In Smith et al. v. Hitchcock, 226 U.S., 53, 33 Sup. Ct., 6, decided November 18, 1912, the Supreme Court held that the “Tip Top Weekly,’’ issued by these same complainants, and practically identical in structure with the “Nick Carter’ publica- tion, is not a periodical, but a book. [2] Literary property in a book can not be protected by trade-mark, nor otherwise than by copyright. (Black v. Ehrich (C. C.), 44 Fed., 793; Brown on Trade-Marks, §§ 116, 117.) This is conceded by com- plainants’ counsel in briefand argument; butit is claimed that whether the publication be regarded as a periodical or a book, the trade-mark protects it in its character as goods or merchandise. It is therefore well to determine the exact nature of the “‘merchandise’’ to which the trade- mark applies. This must be the publication, as such, whether book or periodical. It is the form, not the contents. ‘‘Nick Carter’’ is not the name of the specific story, as, in this case, ‘The Red Button.” None of the individual stories, as such, are covered by the mark. To publish a little booklet entitled ““The Red Button,’’ distinct in size, form, and dress, not bearing the imprint “Nick Carter,’’ would not infringe this technical trade-mark. Conceding to this registered mark its broadest application, it can at most protect only against something in the nature of a periodical publication—of the same class. No exercise of imagination, however fertile, can transform defend- ants’ film or its intermittent exhibitions into anything resembling a periodical publication. [3] Complainants’ chief reliance would seem to be upon the claim asserted in their bill that they have possessed for many years, and still possess, the exclusive right to make, sell, print, publish, and display to the public detective stories called and known by the trade name “Nick Carter.” This is a direct appeal to the law affecting unfair competition in trade. Because they have long published detective stories associated with this name and character, they now assert the ex- clusive right to construct and make public in any manner whatsoever all detective stories involving the name and character of Nick Carter. It is the individual story as an article of merchandise, and not the form of publication, for which protection is thus invoked. In the language of the brief, “‘the sole question in this case for the court to decide is whether or not a moving-picture film is of the same class of goods as a printed book.’’ The claim advanced is ingenious and decidedly com- prehensive in its scope. [4, 5] We agree with counsel that ‘‘the fact that appellees’ [complain- ants’] stories are not the highest class of literature does not bar complain- ants from relief by the courts.’’ In other words, this fact does not take from the stories their essential character as literature in the eyes of the law. They are subjects of copyright. And this leads us to inquire what complainants’ standing would be under the law of copyrights? Register of Copyrights 177 The author of a literary work or composition has, by common law, the exclusive right to the first publication of it. He has no exclusive right to multiply or control the subsequent issues of copies by others; the right of an author or proprietor of a literary work to multiply copies of it to the exclusion of others is the creature of statute. This is the right secured by the copyright laws of the different Governments. (Palmer v. De Witt, 47 N. Y., 532; 7 Am. Rep., 480.) [6] “Neither the author nor proprietor of a literary work has any prop- erty in itsname. It is a term of description, which serves to identify the work; but any other person can, with impunity, adopt it and apply it to any other book, or to any trade commodity, provided he does not use it as a false token to induce the public to believe that the thing to which it is applied is the identical thing which it originally designated. If literary property could be protected under the theory that the name by which it is christened is equivalent to a trade-mark, there would be no necessity for copyright laws.’’ (Black v. Ehrich (C. C.), 44 Fed., 3+) [7-9] So the copyright of a book does not prevent others from taking the same title for another book, though the copyright has not expired; and on the expiration of the copyright of a novel any person may use the plot for a play, copy or publish it, or make any other use of it he sees fit. In such case, where one writes and copyrights a play based on a novel, and bearing the same title as the novel, he can not prevent another from giving the same name to an entirely different play which has been constructed from that novel. (Glaser v. St. Elmo Co. (C. C.), 175 Fed., 276.) The right to use a copyrighted name upon the expira- tion of the copyright becomes public property, subject to the limita- tion that the right be so exercised as not to deceive members of the public and lead them to believe that they are buying the particular thing which was produced under the copyright. (G. & C. Merriam Co. v. Ogilvie (C. C. A.), 159 Fed., 638; 88 C. C. A., 596; 16 L. R.A. (N. 5.), 549; 14 Ann. Cas., 796.) [x0] Original section 4952, R. S. U. S., provided that “authors may reserve the right to dramatize or to translate their own works.’’ Unless this reservation was made the public was free to make such use of then. By act of March 3, 1891, c. 565, 26 Stat., 1107 (U. S. Comp. St., 1901, P. 3406), it was provided that ‘‘authors or their assigns shall have exclu- sive right to dramatize and translate any of their works for which copy- right shall have been obtained under the laws of the United States.’” This made such exclusive right an integral part of the copyright itself. Under this section, so amended, the Supreme Court has held that an exhibition of a series of photographs of persons and things arranged on films as moving pictures and so depicting the principal scenes of an author’s work as to tell the story is a dramatization of such work, and the person producing the films and offering them for sale or for exhibi- tions, even if not himself exhibiting them, infringes the copyright of the author. (Kalem Co. v. Harper Bros., 222 U.S., 55, 32 Sup. Ct., 20, 56 L. Ed., 92, Ann. Cas., 1913A, 1285.) Nevertheless, it is held that the owner of the copyright of a novel is not entitled to protection against 178 Report of the Librarian of Congress the use of that name in connection with a dramatic composition which does not present any scenes, plot, or dialogue imitated or adapted from the novel; it being the name in connection with the novel, and not the name alone, which the copyright protects. (Harper et al. v. Ranous (C. C.), 67 Fed., 904.) If the copyright has expired, or none has been taken out, neither the rights and privileges conferred nor the limitations and obligations imposed by that law are present, because, apart from the statute, none exist. Complainants do not rely upon copyright. The name “‘ Nick Carter”’ is not the title of any story nor the name of author or publisher. But ‘complainants insist that we shall consider their books, not from the literary standpoint but as merchandise, and cite numerous cases recog- nizing that the principles of trade-mark law and the law forbidding unfair competition in business may, under certain conditions, apply to books, magazines, periodicals, and newspapers. That they may and do apply to magazines, periodicals, and newspapers, as such, we have already seen; to books the application is more limited. The cases cited reveal that protection is accorded in connection with specific kinds of books, such as Bibles, dictionaries, and works of a like nature, where the name has so long been used to designate the production as to have become identified with such particular publications as denoting their origin, and where the use of such name by another publisher, having no ‘connection with the place or name, can have no purpose except to ‘deceive purchasers. (Chancellor, etc., of Oxford University, v. Wil- more-Andrews Pub. Co. (C.C.), ror Fed., 443; Merriam Co. v. Straus etal. (C.C.), 136 Fed., 477; Ogilvie v. Merriam Co. (C.C.), 149 Fed., 858; Mer- riam v. Holloway Pub. Co: (C. C.), 43 Fed., 450; Merriam et al. v. Texas Siftings Pub. Co. (C. C.), 49 Fed., 944; Merriam v. Famous Shoe & ‘Clothing Co. (C. C.), 47 Fed., 411.) In instances where the same method of selection, illustration, and style of binding, as well as name on the cover, have been taken, the form of publication is the feature of critical importance. (Estes et al. v. Williams et al. (C. C.), 21 Fed., 189; Estes et al. v. Leslie et al. (C. C.), 27 Fed., 22; Estes et al. v. Worthington (C. C.), 31 Fed., 154.) In all cases the courts have been careful to limit the doctrine announced to the special circumstances, and have coupled it with a restatement of well-known principles. ‘Thus in Merriam v. Straus et al., supra, Judge Wallace said: “Tt is proper, however, to say that the bill is in part an attempt to protect the literary property in the dictionaries, which became publici juris upon the expiration of the copyrights. This attempt must prove futile.” In Ogilvie v. Merriam Co. (C.C.), 149 Fed., 858, it is pointed out that this public right can not be taken away or abridged on any theory of trade-mark or unfair competition, which is only another way of seeking to perpetuate the monopoly secured by the copyright. Similar views are expressed in Merriam v. Texas Siftings Pub. Co. (C. C.), 49 *Fed., 944, and Merriam v. Famous Shoe & Clothing Co. (C.C.), 47 Fed., 411. InG. & C. Merriam v. Ogilvie (C. C. A.), 159 Fed., 638, Register of Copyrights 179 88 C.C. A., 596, 16 L. R. A.(N.S.), 549, 14 Ann. Cas., 796, the Court of Appeals for the First Circuit used language still more explicit: “The name ‘Webster’ having been copyrighted by the Mer- riams, they were protected in its use under a statutory right during an expressed term of years. The protection, therefore, in that respect, came by virtue of the copyright, rather than by virtue of its use in publication and trade. The statutory monopoly having expired under statutory limitation, the word ‘Webster,’ used in connection with a dictionary, became public property, and any relief granted upon the idea of title or proprietorship in the trade name of ‘Webster’ would necessarily involve an unwarrantable continuance of the statutory monopoly secured by the copyright.’” The important principle involved is, perhaps, most pointedly stated by Mr. Justice Miller in Merriam et al v. Holloway Pub. Co., supra. He says: “T want to say, however, with reference to the main issue in the case, that it occurs to me that this proceeding is an attempt to establish the doctrine that a party who has had the copyright of a book until it has expired may continue that monopoly indefi- nitely, under the pretense that it is protected by a trade-mark, or something of that sort. I do not believe in any such doctrine, nor do my associates. When a man takes out a copyright for any of his writings or works, he impliedly agrees that at the expiration of that copyright such writings or works shall go to the public and become public property. I may be the first to announce that doctrine, but I announce it without any hesitation. If a man is entitled to an extention of his copyright, he may obtain it by the mode pointed out bylaw. The law provides a method of obtaining such extension. The copyright law gives an author or proprietor a monopoly of the sale of his writings for a definite period, but the grant of a monopoly implies that after the monopoly has expired the public shall be entitled ever afterwards to the unrestricted use of the book. * * * JI will say this, however: That the contention that complainants have any special property in ‘Web- ster’s Dictionary’ is all nonsense, since the copyright has expired. What do they mean by the expression ‘their book,’ when they speak of Webster’s Dictionary? It may be their book if they have bought it, as a copy of Webster’s Dictionary is my book if I have bought it. But in no other sense than that last indicated can the complainants say of Webster’s Dictionary that it is their book.’’ In the Chatterbox cases (Estes v. Williams, supra, Estes v. Leslie, supra, and Estes v. Worthington, supra) emphasis is laid chiefly upon similarity of form. In Estes et al. v. Williams, supra, it was said: “There is no question but that the defendants have the right to reprint the compositions and illustrations contained in these books, including the titles of the several pieces and pictures. That does not settle the question as to the right claimed here. There is work in these publications aside from the ideas and conceptions. Johnston was not the writer of the articles nor the designer of the pictures composing the books, but he brought them out in this form. The name indicates this work. The defendants, by putting this. name to their work in bringing out the same style of, book, indi- cate that their work is his. This renders his book less remunera- tive, and while continued is a continuing injury, which it is the peculiar province of a court of equity to prevent.” 180 Report of the Librarian of Congress In Kalem Co. v. Harper Bros., 222 U. S., 55, 32 Sup. Ct., 20, 56 L. Ed., 92, Ann. Cas. 1913A, 1285, it was suggested by counsel that to extend the copyright to a case of reproducing scenes from Ben Hur by means of moving pictures was to extend it to the ideas as distinguished from the words in which those ideas are clothed. Mr. Justice Holmes said: “But there is no attempt to make a monopoly of the ideas ex- pressed. The law confines itself to a particular, cognate, and well-known form of production.”’ [rz, 12] It may be conceded: That the law relating to unfair trade has a threefold object: First, to protect the honest trader in the busi- ness which fairly belongs to him; second, to punish the dishonest trader, who is taking his competitor’s business away by unfair means; third, to protect the public from deception. (Gulden v. Chance (C. C. A.), 182 Fed.,.303, 105; C.C. A.,16.) That to sustain a charge of infringement the owner of a trade-mark must have used it on the same class, but not necessarily on the same species, of goods as the alleged infringer. (Layton Pure Food Co. v. Church & Dwight Co. (C. C. A.), 182 Fed., 35; 104 C.C. A., 475; 32 L. R. A. (N.S.), 274.) Of course, defendants’ film bears no resemblance to complainants’ books. No one would buy the one in the belief that he was getting the other. It is the display that constitutes the infringement, if there is one; and in such case the producer of the film is responsible equally with the exhibitor. (Kalem Co. v. Harper Bros., supra.) We do not think a moving-picture show is of the same class as a written book. One belongs to the field of liter- ature; the other to the domain of theatricals. Originally there was no legal connection between the written novel and a dramatization based upon its characters and incidents. The connection was made by statute in derogation of the common law. In the absence of copyright, the situation is as if no such connection had ever been made. .We are un- willing indirectly to extend to writings a protection beyond that conferred by statute. Congress created a specific form of monopoly for literary property in this country and made it subject to express limi- tations. It is for Congress to say whether these limitations should be relaxed. [13] Neither trade-mark nor trade name can afford protection to detective stories, as such, whether published or still unborn, and much less where neither title nor composition is pirated, and but a single common character is used. The suggestion involves an attempt to make a monopoly of ideas, instead of confining the application of the law to ‘‘a particular, cognate, and well-known form of production.’ [z4] Moving pictures and dramatizations are cognate forms of pro- duction. When copyright was extended to the latter, it necessarily included the former; but in the absence of copyright no such relation exists between either of these forms and the written book. It is not thought that the public will be deceived into belief that it is seeing a reproduction of one of the complainants’ stories when it witnesses that displayed from defendants’ film. But if so it isno more deceived than Register of Copyrights 181 when it reads a book of the same name as one theretofore published, but unprotected. It may be that the defendants are profiting by the use of a name made distinctive by complainants, but this is true of one who sells a brand of cigars named after a famous book or a famous personage. In.the absence of some positive legal right in complainants, these are conditions for which equity can not undertake to create a remedy. The decree below must therefore be reversed and the case remanded, with directions that the preliminary injunction be dissolved and the bill dismissed for want of equity. (Mast, Foos & Co. v. Stover Manufacturing Co., 177 U. S., 485; 20 Sup. Ct., 708; 44 L. Ed., 856; Castner v. Coffman, 178 U. S., 168; 20 Sup. Ct., 842; 44 L. Ed., 1021.) It is so ordered. HOOK, circuit judge (dissenting). My objection to the above con- clusion can be expressed in a sentence: The defendants are engaged in appropriating the fruits of complainants’ current endeavors, and are deceiving the public. [204 Federal Reporter, pp. 398-406.] BAKER v. LIBBIE ET AL. (Supreme Judicial Court of Massachusetts. Suffolk. Jan. 3, 1912.) 1. LITERARY PROPERTY—OWNERSHIP—INJUNCTION. Equity will grant injunctive relief to an author against the publication of his Baker v Libbie private letters on commonplace subjects, without regard to their literary merit or etal. the popular attention aroused by them, since the author’s right is property, entitled to the protection given to property, subject to limitations arising from the nature ‘of his letters or the circumstances under which they were written or received, such as letters written by an agent to or for his principal and others, where the conditions indicate that the property in the form or expression is in another than the writer. z. LITERARY PROPERTY—OWNERSHIP OF LETTERS. The right of an author to publish or suppress publication of his correspondence is absolute, in the absence of special considerations, and is independent of any desire or intent at the time of writing, and it is an interest in the intangible thought and in the particular language used; and while the author parts with the paper on which the letter is written, and the paper belongs to the receiver, he has the right to secure copies, and thereby protect his right of publication, but the receiver of a letter is under no duty to preserve it, and he may destroy it at pleasure. 3. LITERARY PROPERTY—OWNERSHIP—REMEDY—INJUNCTION. In the absence of some limitations, imposed either by the subject-matter of a letter or the circumstances under which it is sent, the right of the receiver of an ordinary letter is one of unqualified title in the material on which it is written, and he can deal with it as absolute owner, subject only to the proprietary right retained by the author for himself and his representatives to the publication or non-publication of the ideas in their particular verbal expressions; and the executor of a deceased author of letters on commonplace subjects may obtain an injunction against the publication in any way, in whole or in part, for advertising or other purposes, of any of the let- ters and to permit plaintiff to make copies of the letters within a reasonable time. Case reserved from Superior Court. Suffolk County. James B. Richardson, judge. Suit by Henry M. Baker, executor of Mary Baker G. Eddy, deceased, against Charles F. Libbie and another. On the case coming on for hearing for a final decree the justice of the Superior Court reserved and 182 Report of the Librarian of Congress reported the case for consideration of the supreme judicial court. Decree for complainant ordered. Elder, Whitman & Barnum and Wm. A. Morse, for complainant. Wm. M. Prest and Frank B. Livingstone, for defendant. Ruc6G, C. J. The plaintiff, as executor of the will of Mary Baker G. Eddy, the founder of “Christian Science,’’ so called, seeks to restrain an auctioneer of manuscripts from publishing for advertising purposes and from selling certain autograph letters of his testatrix. These letters were written in her own hand by Mrs. Eddy, as is said, ‘‘during one of the most interesting periods of her career, that is, just after the pub- lication of her Science and Health with Kev to the Scriptures,’’ in 1875. It is averred in the answer that the letters have no attribute of literature, but are merely friendly letters written to a cousin about domestic and business affairs. Extracts from the letters show that they refer to household matters, to health, and to the work she was doing. The questions raised relate to the existence, extent, and character of the proprietary right of the writer of private letters upon indifferent subjects not possessing the qualities of literature and to the degree of protection to be given in equity to such rights as are found to exist. These points have never been presented before for decision in this Commonwealth. The nearest approach was in Tompkins v. Halleck (133 Mass., 32, 43 Am. Rep., 480), where the rights of an author of a dramatic composition put upon the stage but not printed were protected against a rival presentation made possible by human memory (over- ruling upon this point the earlier case of Keene v. Kimball, 16 Gray, 545, 77 Am. Dec., 426), and Dodge Co. v. Construction Information Co. (183 Mass., 62, 66 N. E. 204, 60 L. R. A. 810, 97 Am. St. Rep., 412), where property rights in valuable commercial information distributed to subscribers in writing, in print, by telegraph or orally, were recog- nized and protected against use by arival concern. Neither of these decisions touch at all closely the points involved in the case at bar. [x] The rights of the authors of letters of a private or business nature have been the subject of judicial determination in courts in Engiand and this country for a period of at least 170 years. The first English case was Pope v. Curl (2 Atk., 341), which was in 1741. It was a suit by Alexander Pope to restrain the publication of letters written by him _ to Swift and others. In continuing an injunction Lord Chancellor Hardwicke, after remarking that no distinction could be drawn between letters and books or other learned works, said: “Another objection has been made * * * that where aman writes a letter, it is in the nature of a gift to the receiver. But I am of opinion that it is only a special property in the receiver, pos- sibly the property of the paper may belong to him; but this does not give a license to any person whatsoever to publish them to the world, for at most the receiver has only a joint property with the writer. * * * It has been insisted * * * that this isa sort of work which does not come within the meaning of the act of Par- liament [as to copyright] because it contains only letters on familiar subjects and inquiries after the health of friends and can not prop- erly be called a learned work. It is certain that no works have done more service to mankind than those which have appeared in Register of Copyrights 183 this shape, upon familiar subjects and which perhaps were never intended to be published; and it is this makes them so valuable.’ Thompson v. Stanhope, 2 Ambler, 737 (1774), wasasuit by the execu- tors of Lord Chesterfield to restrain the publication of his now famous let- ters to his son, which the widow of the latter proposed to print and sell. Some of these possessed literary merit of a high order. Lord Chancellor Apsley was “‘very clear’’ that an injunction should be granted, upon the authority of the foregoing decision and the somewhat kindred cases of Forrester v. Waller, 4 Burr., 2331, and Webb v. Rose, 4 Burr., 2330, where notes and conveyancer’s drafts were held to be the literary prop- erty of the writer or his representatives, and Duke of Queensbury v. Shebbeane, 2 Eden, 329, where the publication of a part of Lord Clar- endon’s History by a possesser of the manuscript-was restrained. Gee v. Pritchard (2 Swanston, 402-426) was decided by Lord Eldon in 1818. Letters apparently without literary or other special interest by the plaintiff to the son of her husband were the subject of the suit, and publication was restrained on the ground of the property right of the writer. In Lytton v. Devey (54 L. J. Ch., 293) it was said: ‘The property in the letters remains in the person to whom they are sent. The right to retain them remains in the person to whom the letters are sent; but the sender of the letters has still that kind of interest, if not property, in the letters that he has a right to restrain any use being made of the communication which he has made in the letters so sent by him.’ (See also Prince Albert v. Strange, 2 De G. & Sm., 652, 1 MacN. & G., 25, 43.) This same principle was followed expressly in the Irish case of Granard v. Dunkin (1 Ball & Beatie, 207) and in Labou- chere v. Hess (77 Law Times Reports (Ch.) 559). There are several dicta to the same effect by great English judges. For example, Lord Campbell said in Boosey v. Jeffreys (6 E., 580), at 583: ““A court of equity will grant an injunction to prevent the publication of a letter by a correspondent against the will of the writer. That is a recognition of property in the writer, although he has parted with the manuscript, since he wrote to enable his correspondent to know his sentiments, and not to give them to the world.’’ Lord Cairns said, respecting corre- spondence in Hopkinson v. Burghley (L. R., 2 Ch., 447) at 448: ‘The writer is supposed to intend that the receiver may use it for any lawful purpose, and it has been held that publication is not such lawful pur- pose.’’ (See also Jeffreys v. Boosey, 4 H. L. C., 815, 867, 962.) The latest English case on the subject recognizes this as the well-settled tule. (Philip v. Pennell (1907), 2 Ch., 577.) In 1804 the Scottish court on the suit of his children interdicted the publication of manu- script letters of Robert Burns. (Cadell and Davis v. Stewart, 1 Bell’s Com., 116, note.) The earliest case in this country, Dennis v. LeClerc (1 Mart. (1a.), 297, 5 Am. Dec., 712), arose in 1811. A single letter of no literary pre- tention was there in question and its publication was enjoined, and the writer’s property interest in the letter was distinctly upheld. 19293134 184 Report of the Librarian of Congress The question was elaborately discussed by Mr. Justice Story ia Folsom v. Marsh (2 Story, 100 Fed. Cas., No. 4gor), who held that “the author of any letter or letters (and his representatives), whether they are literary compositions, or familiar letters, or letters of business, possess the sole and exclusive copyright therein; and that no persons, neither those to whom they are addressed, nor other persons, have any right or authority to publish the same upon their own account or for their benefit.’’ In Bartlett v. Crittenden (5 McLean, 32, at p. 42, Fed. Cas., No. 1076) Mr. Justice McLean said: ‘“‘Even the publication of private letters by the person to whom they were addressed may be enjoined. ‘This is done upon the ground that the writer has a right of property in his letters, and they can only be used by the receiver for the purpose for which they were written.’’ In Woolsey v. Judd (4 Duer (N. ¥.), 379) the question was considered exhaustively, and all the ear- lier cases were reviewed. The conclusion was reached that the writer of even private letters of no literary value has such a proprietary interest as required a court of equity at his instance to prohibit their publication by the receiver. Grigsby v. Breckinridge (2 Bush (Ky.), 480, 92 Am. Dec., 509) decided that ‘‘the recipient of a private letter sent without any reservation express or implied’’ held “the general property quali- fied only by the incidental right in the author to publish and prevent publication by the recipient or any other person.’’ In Barrett v. Fish (72 Vt., 18, at p. 20; 47 Atl., 174, at p. 175; 51 L. R. A’, 754; 82 Am. St. Rep., 914) it was said: “‘that a court of equity will protect the right of property in such [private] letters by enjoining their unauthorized publication.” The same doctrine has been held, either expressly or by way of dictum, in Dock v. Dock, 180 Pa., 14~22, 36 Atl., 411, 57 Am. St. Rep., 617; Rice v. Williams (C. C.), 32 Fed., 437; Eyre v. Higbee, 22 How. Prac. (N. Y.), 198; Palmer v. DeWitt, 47 N. Y., 532-536, 7 Am. Rep., 480. ; Against these opinions are Wetmore v. Scoveli (3 Edwards Ch., 515) and Hoyt v. Mackenzie (3 Barb. Ch. (N. Y.), 320, 49 Am. Dec:, 178), decided respectively by Vice Chancellor McCoun and Chancellor Walworth while sitting alone. They were criticized and overruled in Woolsey v. Judd (4 Duer (N. Y.), 379) by a court of six judges. There are also certain doubtful dicta by a vice chancellor in Percival v. Phipps (2 Ves. & Beames, 19, 28), which are relied upon as asserting a somewhat similar view. But it is not necessary to discuss them in detail, for this review of cases demonstrates that the weight of decisions by courts of great authority, speaking often through judges of high distinction for learning and ability, supports the conclusion that equity will afford injunctive relief to the author against the publication of his private letters upon commonplace subjects without regard to their literary merit or the popular attention or special curiosity aroused by them. The same conclusion is reached on principle and apart from authority. It is generally recognized that one has a right to the fruits of his labor. This is equally true, whether the work be muscular or mental or both Register of Copyrights 185 combined. Property in literary productions, before publication and while they rest in manuscript, is as plain as property in the game of the hunter or in the grain of the husbandman. The labor of composing letters for private and familiar correspondence may be trifling, or it may be severe, but it is none the less the result of an expenditure of thought and time. The market value of such an effort may be measured by the opinions of others, but the fact of property is not created thereby. A canvas upon which an obscure or unskillful painter has toiled does not cease to be property merely because by conventional standards it is valueless as a work of art. Few products of the intellect reveal indi- vidual characteristics more surely than familiar correspondence, entries in diaries, or other unambitious writings. No sound distinction in this regard can be made between that which has literary mcrit and that which is without it. Such a distinction could not be drawn with any certainty. While extremes might be discovered, compositions near the dividing line would be subject to no fixed criterion at any given mo- ment, and scarcely anything is more fluctuating than the literary taste of the general public. Even those counted as experts in literature differ widely in opinion both in the same and in successive generations as to the relative merits of different authors. The basic principle on which the right of the author is sustained, even as to writings confessedly literature, is not their literary quality, but the fact that they are the product of labor. The existence of a right in the author over his letters, even though private and without worth as literature, is established on principle and authority. The right is property in its essential features. It is, therefore, entitled to all the protection which the constitution and laws give to property. From this general statement are to be excepted special instances, such as letters by any agent to or for his principal and othérs where the conditions indicate that the property in the form or expression is in another than the writer. The absolute right of the author to prevent publication by the receiver may also be subject to limitations arising from the nature of the letter or the circumstances under which it is written or received. Some of these are pointed out in Folsom v. Marsh (2 Story, too, Fed. Cas. No. 4gor). But these exceptions are narrow and rare, and do not affect materially the general rule. [2] The extent of this proprietary right, as between the writer and the recipient of letters, requires a closer analysis. It depends upon implications raised by law from the circumstances. This test is a general one, and has been applied to the public delivery of lectures, the presentation of dramas, and other analogous cases. (Abernathy v. Hutchinson, 3 L. J. Ch. (O. S.), 209, 1 H. & T. 28; Tompkins v. Hal- leck, 133 Mass., 32, 43 Am. Rep., 480; Nichols v. Pitman, 26 Ch. Div., 374, 380.) The relative rights of the writer and receiver may vary with different conditions. If there be a request for return or if the correspondence is marked in definite terms, as personal or confidential, such special considerations would need to be regarded. The case at 186 Report of the Librarian of Congress bar presents the ordinary example of friendly correspondence between kinswomen upon topics of mutual private interest. Under such cir- cumstances, what does the writer retain and what does he give to the person to whom the letter is sent?. The property right of the author has been described ‘‘as an incorporeal right to print [and it should be added to prevent the printing of, if he desires] a set of intellectual ideas or modes of thinking communicated in a set of words and sentences or modes of expression. It is equally detached from the manuscript or any other physical existence whatsoever.’’ (Miller v. Taylor, 4 Bur- rows, 2303, at 2396.) It has been called also ‘“‘the order of words in the * * * composition.”’ (Jeffreys v. Boosey, 4 H. L. C., 815, 867; Holmes v. Hurst, 174 U. S., 82, 86, 19 Sup. Ct., 606, 43 L. Ed., 904; Kalem v. Harper Bros., 222 U. S., 55, 63, 32 Sup. Ct., 20, 56 L. Ed., 92.) The right of the author to publish or suppress publication of his correspondence is absolute in the absence of special considera- tions, and is independent of any desire or intent at the time of writing. It is an interest in the intangible and impalpable thought and.the particular verbal garments in which it has been clothed. Although independent of the manuscript, this right involves a right to copy or secure copies. Otherwise the author’s right of publication might be lost. The author parts with the physical and material elements which are conveyed by and in the envelope. These are given to the receiver. The paper upon which the letter is written belongs to the receiver. (Oliver v. Oliver, 11 C. B. (N. S.), 139; Grigsby v. Breckinridge, 2 Bush (Ky.), 480, 486, 92 Am. Dec., 509; Pope v. Curl, 2 Atkins, 343; Werckmeister v. Am. Lith. Co. (C. C.), 142 Fed., 827, 830.) A duty of preservation would impose an unreasonable burden in most instances. It is obvious that no such obligation rests upon the receiver, and he may destroy or keep at pleasure. Commonly there must be inferred a right of reading or showing to a more or less limited circle of friends and relatives. But in other instances the very nature of the corre- spondence may be such as to set the seal of secrety upon its contents. (See Kenrick v. Danube Collieries, etc., 39 W. R., 473.) Letters of extreme affection and other fiduciary communications may come within this class. There may be also a confidential relation existing between the parties, out of which would arise an implied prohibition against any use of the letters, and a breach of such trust might be restrained in equity. On the other hand, the conventional autograph letters by famous persons signify on their face a license to transfer. Equitable rights may exist in the author against one who by fraud, theft, or other illegality obtains possession of letters. The precise inquiry is whether indifferent letters written by one at the time per- haps little known or quite unknown, which subsequently acquire value as holographic manuscripts, may be marketed as such. This case does not involve personal feelings or what has been termed the right to privacy. (4H. L. Rev.. 193.) [3] The author has deceased. Moreover, there appears to be nothing about these letters, knowledge of which by strangers would violate . Register of Copyrights 187 even delicate feelings. Although the particular form of the expression of the thought remains the property of the writer, the substance and material on which this thought has been expressed have passed to the recipientof the letter. The paper has received the impression of the pen, and the two in combination have been givea away. The thing which has value as an autograph is not the intactable thought, but the ma- terial substance upon which a particular human hand has been placed, and has traced the intelligible symbols. Perhaps the autographic value of letters may fluctuate in accordance with their length or the nature of their subject-matter. But whatever such value may be, in its essence it does not attach to the intellectual but material part of the letter. This exact question has never been presented for adjudication, so far as we are aware. There are some expressions in opinions which, dis- sociated from their connection, may be laid hold of to support the plaintiff’s contention. (See Dock v. Dock, 180 Pa., 14, 22, 36 Atl., 411, 57 Am. St. Rep., 617; Eyre v. Higbee, 22 How. Prac. (N. Y.), 198; Palin v. Gathercote, 1 Coll., 565.) It may well be that title such as appears to exist in the recipient may not go to the extent of being assets in the hands of a decedent, a bankrupt, or an insolvent. (Eyre v. Higbee, 22 How. Prac. (N. Y.), 198; Sibley v. Nason, 196 Mass., 125, 81 N. E., 887, 12 L. R. A. (N. S.), 1173, 124 Am. St. Rep., 520.) But on principle it seems to flow from the nature of the right transferred by the author to the receiver and of that retained by the writer in ordi- nary correspondence, that the extent of the latter’s proprietary power is to make or to restrain a publication, but not to prevent a transfer. The rule applicable to the facts of this case, as we conceive it to be, is that in the absence of some special limitation imposed either by the subject matter of the letter or the circumstances under which it is sent, the right in the receiver of an ordinary letter is one of unqualified title in the material on which it is written. He can deal with it as absolute owner subject only to the proprietary right retained by the author for himself and his representatives to the publication or non- publication of ideas in its particular verbal expression. In this opinion, publication has been used in the sense of making public through print- ing or multiplication of copies. The result is that an injunction may issue against publication or multiplication in any way, in whole or in part, for advertising or other purposes, of any of the letters described in the bill, and allowing the plaintiff, if he desires, to make copies thereof within a reasonable time, but going no further. So ordered. {97 Northeastern Reporter, pp. 109-112.] 188 Report of the Librarian of Congress BEIFELD v. DopGE PuBLISHING Co. (Cireuit Court, S. D. New York. December 28, 1911.) Beifeldv. Dodge 1, CopyRIGHTS—INFRINGEMENT—Copy FROM SKETCH. Pub. Co. An artist contracted to paint and copyright a picture for complainant, and having done so defendant without complainant's permission printed substantial copies of the painting claimed to be from copies of a sketch made by the artist before com- pleting the painting and given to defendant’s vendor. The only differences between the sketch and the finished painting were in the treatment of certain minor details. Held, that since anyone, by making slight alterations in the copyrighted painting, could not obtain another copyright or publish it free of the original copyright, and the artist could not publish the sketch free of the copyright of the painting for the same reason, defendant’s publication constituted an infringement. 2. WITNESSES—COMMUNICATIONS BETWEEN THIRD PERSONS. In a suit for infringement of a copyright on a painting sold to complainant and copyrighted in his name, correspondence between the artist and the C. Co. as to the publication of a sketch of the picture from which defendant’s copies were printed, produced under a subpoena duces tecum, was inadmissible as relating to transac tions between third persons which might expose the publisher to penalties. In equity. Suit by Joseph Beifeld against the Dodge Publishing Company. On motion for preliminary injunction. Granted. Prior to-November, 1910, Maxfield Parrish made a contract with complainant to paint for complainant a picture entitled “Sing a Song of Sixpence,’’ to be placed in the barroom of the Hotel Sherman in Chi- cago. The contract providéd that Parrish should make the picture, and sell the picture and the copyright to the complainant. ‘This was done, and in November, 1910, copyright of the picture was procured by Parrish in the name of the complainant. Subsequently defendant published, without permission from complainant, pictures which were substantial copies of the complainant’s painting, and a suit for infringe- ment of copyright was brought, and on motion for preliminary injunc- tion the defendant asserted that the pictures published by it were not copies of the painting, but were copies of a sketch for the painting. Fixman, Lewis & Seligsberg (Walter N. Seligsberg, of counsel), for the motion. Jacob B. Burnet (Norman B. Beecher, of counsel), opposed. WarD, circuit judge. [1] This is a motion for a preliminary injunc- tion enjoining the defendant from infringing the complainant’s copy- right taken out November 17, 1910, for a painting called “Sing a Song of Sixpence,’’ purchased by him from the artist, Maxfield Parrish, with allrightstocopyrightinthesame. The defendant is publishing a sketch or study of the painting which it purchased March 11, 1911, of one Purves, to whom the artist had given it after the copyright of the paint- ing. It is contended that the sketch and the painting are different and independent productions, but I do not think so. The subject is the same, the number, position, and sex of the figures are the same, and the differences are only as to the treatment of certain minor details. Ordinary inspection would give the distinct impression that both pic- tures were the same. Assuming, as the defendant contends, that the sketch was made before the painting, still it is, in my opinion, covered by the copyright Register of Copyrights 189 of the painting. It will hardly be pretended that anyone, by making slight alterations in the copyrighted painting, could get another copy- right or publish it free of the original copyright. Neither could the artist copyright or publish the sketch free of the copyright of the paint- ing for the same reason, namely, that both pictures are the same. 2. The correspondence between the artist and the Century Company as to the publication of the sketch in the Century Magazine of February, 1gt1, produced under a subpoena duces tecum, the admissibility of which was to be determined by the judge calling the motion calendar, is excluded and returned to the Century Company. It relates to transactions between third parties, may expose the publisher to pen- alties, and, as admissions of the artist, is not competent against the defendant. Motion granted. [198 Federal Reporter, pp. 658-659.] Crown Feature Fium Co. v. LEVY ET AL. (District Court, S. D. New York. October 21, 1912.) 1. COPYRIGHTS—INFRINGEMENT—COMPLAINT— OWNERSHIP. Crown Feature A complaint for infringement of a copyright, merely alleging that complainant’s fs ue Co. v. Levy assignor was the sole and exclusive owner and proprietor of the copyrighted.produc- ¢ tions, was insufficient without an allegation of the facts showing how complainant became proprietor and his right to sue. 2, COPYRIGHTS—INFRINGEMENT—BLLL. A bill for alleged infringement of a copyrighted photograph must show that the photograph was a copyrightable work. 3. COPYRIGHTS—INFRINGEMENT—EXISTENCE OF COPYRIGHT. In a suit to restrain the infringement of certain alleged copyrighted photographs, an allegation that plaintiff’s assignor filed two complete copies of the. photographs did not show compliance with the provision of the statute requiring registration by depositing two complete copies of the best edition thereof then published. Suit by Crown Feature Film Company against Morris M. Levy and another, doing business under the firm name and style of Feature Film Company. On demurrer to bill. Sustained. Isaac B. Owens, of New York City, for complainant. Samuel F. Frank, of New York City, for defendants. Mayer, J. The defendants have demurred, urging that the bill fails in the following particulars: “(1) There is nothing to show that the person claiming copyright had the said right or how he acquired it. “(2) There is nothing to show that the photograph is a copyrightable work. “(3) It fails to show compliance with the copyright statute. “(4) It fails to allege facts showing infringement.” The fourth ground is not tenable, and since the argument that ground has been abandoned, as appears in defendants’ replying memorandum. [x] First. Complainant states merely that its assignor was “the sole and exclusive owner and proprietor of certain photographs entitled ‘St. George and the Dragon, Part 1,’ * * * and of all rights and 190 Report of the Librarian of Congress privileges thereunder and therein in and to the United States and the territories thereof.’’ There is no allegation that Powers was the author, or that there was any author or producer in the United States or else- where, or how, if Powers was not the author, be became the proprietor. I think, under the present act even more strongly than heretofore, complainant must show his title not merely by an allegation that he is the proprietor, but by setting forth facts, which show how he became’ proprietor and why he has the right to bring the action. While Bossel- man v. Richardson (174 Fed., 622, 98 C. C. A. 127) and Ford v. Charles E. Blaney Amusement Co. (C. C.) (148 Fed., 642), arose under the previous law, yet they are in principle applicable to the case here under consideration. [2] Second. I am inclined to think that defendants are right in their contention that the bill is demurrable because there is nothing to show that the photograph is a copyrightable work. [3] Third. The allegation that Powers filed ‘‘two complete copies of said photographs’’ does not satisfy the requirement of the statute, which, among other things, is that registration shall be made by deposit- ing “two complete copies of the best edition thereof then published.” The bill must show strict compliance with the requirements of the Copyright Law, and, if the failure so to do appears on the face of the bill, then the bill fails to state a cause of action under the statute. The demurrer is sustained, with leave to the complainant to amend the complaint within 20 days upon the payment of $10 and costs. [202 Federal Reporter, pp. 805-806.] Dam v. KirKE La SHELLE Co. (Circuit Court, S. D. New York. December 12, 1908.) Dam v, Kirke ., Copyricuts—LitERARY PRODUCTION—RIGHTS OF PURCHASER. La Shelle Co. Under Rev. St. 4952 (U. S. Comp. St. 1901, p. 3406), giving authors the right to translate and dramatize their literary producticns, and providing that proprietors or owners by assignment, on complying with the statute, shall have the exclusive right of printing and vending, the unconditional sale of a story entitled the purchaser to protection from piracy on securing a statutory copyright. z. COPYRIGHTS—LITERARY PRODUCTION—PUBLICATION. Where the publishers of a magazine purchased and published a story in a number of a magazine, they secured the copyright on the story by merely filing with the librarian of Congress the title-page of the magazine and complying with the statute regulating copyrights, without filing a copy of the title of the story so pub- lished, or of the story. 3- COPYRIGHTS—LITERARY COMPOSITION—DRAMATIZATION. Where a story printed in a magazine was copyrighted with other material in the magazine, it was not necessary that the author should himself secure a copyright. to retain the right of dramatization not sold to the magazine publishers. 4. COPYRIGHTS—RIGHTS TO PUBLISH AND DRAMATIZE. An author may sell the exclusive right to print and publish his production, giving the buyer the right to copyright it, while the author withholds to himself the right to dramatize. : 5. COPYRIGHTS— PUBLICATION—ASSIGNS. Where the author sold the right to print and publish his production, with the right to copyright it, but impliedly retained the right to dramatize, the publishers could assign all the rights secured by their statutory copyright, after publication, to the author, his heirs and assigns. Register of Copyrights 191 6, COPYRIGHTS—DRAMATIZATION OF STORY—INFRINGEMENT. In a suit to restrain a dramatic production as an infringement of an author’s copy- righted story, the question of infringement depends on whether the substance of the literary composition has been taken, to complainant’s injury. 7. COPYRIGHTS—INFRINGEMENT—DRAMATIZATION. The author of a copyrighted story is not entitled to restrain a dramatic production thereof, if the story is merely an old theme or subject with a new dress or coloring; but if the composition or the subject thereof is dramatized without the author’s consent, and is produced by a dialogue, and scenes and incidents are introduced, with stage situations, by which the kernel of the story is emphasized, there is an infringement, against which equity will grant relief. 8, CopYyRIGHTS—INFRINGEMENT—DRAMATIZATION—QUESTION OF Fact. Whether there is stibstantial similarity between a copyrighted literary composi- tion and a dramatization thereof is a question of fact. g. COPYRIGHTS—INFRINGEMENT—EVIDENCE. Evidence held to warrant a finding that the play entitled ‘‘ The Heir tothe Hoorah,” is an infringement of the copyrighted story entitled ‘‘The Transmogrification of Dan,’’ under the rule that it is sufficient if the essence of a play is taken for an original literary production. 10, COPYRIGHTS—INFRINGEMENT— DRAMATIZATION—DECREE. Where a play constituting an infringement of a copyrighted novel had been staged at great expense, with elaborate scenery, stage effects, etc., the entire play would not be enjoined, if it could be revamped, so as to eliminate the objectionable imita- tions. Andrew Gilhooly, for complainant. Stover, Hall & Freeman (Joseph E. Freeman and Martin L. Stover of counsel), for defendant. HazeEL, district judge. This suit in equity was brought to restrain the defendant, the Kirke La Shelle Company, from producing or pub- licly performing the dramatic play or composition entitled ‘‘The Heir to the Hoorah.’’ The bill alleges that the play is an unauthorized dramatization of the published story entitled “The Transmogrification of Dan.” It is first to be considered herein whether the story was protected by statutory copyright. Complainant’s intestate, who was the author of the story, sold it to the Ess Ess Publishing Company, which later published the story, with other articles, in its copyrighted number of the Smart Set issued September, 1901. After the alleged infringement of the novelette the publishing company assigned’ back to the author its copyright of the September issue of the magazine; the assignment, however, simply covering and including the story or novelette in con- troversy, together with all claims and demands against infringers thereof. The defendant contends, first, that to secure a valid copy- right of his authorship and the exclusive right to dramatize, the author must have copyrighted the literary production, or the copyright must have been taken out by the purchaser; and, second, that there was no sale of the copyright, but simply of the manuscript or literary compo- sition. But this contention is not thought maintainable, for by section 4952 of the Revised Statutes of the United States (U. S. Comp. St., 1901, P- 3406), not only authors have the right to translate and dramatize their literary productions, but proprietors or owners by assignment, upon complying with the statute, are given the exclusive right of print- 192 Report of the Librarian of Congress ing and vending the same. The unconditional sale of the story entitled the purchaser to protection from piracy upon securing a statutory copyright, and, moreover, it could be and was in fact copyrighted by. the owner thereof by simply filing with the Librarian of Congress the title page of the magazine and complying with the provisions of the statute relating to copyrighting. It was not necessary to file a copy of the title of each article published in the magazine, or of the author’s literary composition; nor was it necessary that he should himself have secured the copyright, so as to retain the right of dramatizing it. It was properly held in a recent case decided in this circuit by Judge Holt that an author can sell the exclusive right to print and publish his pro- duction, the buyer thereby having the right to copyright it, though the author may withhold to himself the right to dramatize. (Ford v. Blaney Amusement Co., (C. C.) 148 Fed., 642.) Hence in the present case the sale or transfer of the literary composition prior to copyrighting vested the Ess Ess Publishing Co., in the absence of any reservation, with all the rights and privileges of the author, and gave it the right to secure the statutory copyright, which thereafter it could assign to the author, his heirs or assigns. The next important question relating to the dramatization of the copyrighted literary composition by the defendant without the consent of the proprietor requires us to ascertain whether the subject or so-called plot of the story or novelette was original and whether the defendant, in producing the play or drama, abstracted a material portion thereof. In cases of this character the inquiry must be whether the substance of the literary composition has been taken to the injury of the complain- ant. Of course, if the plot or the language used by the author to develop the subject of the literary composition or the combination of incidents narrated therein was not new, or if its principal feature has been previously published, either in the form of a novel, story, or play, the complainant would not be entitled to the relief demanded; for in such case the author merely gave anew dressor coloring to anold theme or subject. But if the copyrighted literary composition, or the theme or subject thereof, was dramatized by another without the consent of the author and reproduced by dialogue spoken by play actors, and scenes and incidents are introduced, coupled with stage situations, by which the kernel of the literary composition is emphasized, then it may be fairly supposed that the playwright, in giving a public performance of the drama, endeavored to reap a profit or gain out of another’s indus- try, against which a court of equity has power to grant relief. Whether there is a substantial similarity between the copyrighted literary composition and the play performed by the defendant is a ques- tion of fact, and the court has found comparison helpful to a decision. The expert witness for the plaintiff testifies that the theme or subject of the story is the change of the disposition and character of ‘Dan,’ the central figure, from a man of submissive temperament in his household and toward his wife and mother-in-law to a man of commanding and asserting mien upon his becoming a father. From this idea or concep- tion the author of the literary composition, by his descriptive ability Register of Copyrights 193 and by virtue of the use of apt words, has succeeded in developing different characters, causing them to perform separaie functions, and helping to emphasize the central idea that, ‘‘Dan’’ becoming a father, his previous self-abnegation, his effacement or submissiveness, was at an end, making it instantly warrantable on his part to petemptorily assert his rights as the father of his child and protector of his home. This subject or theme of the copyrighted story is substantially imitated in the defendant’s play. No other play, drama, or literary production is called to my attention, and I have examined the exhibits in evidence, from which it may be ascertained that the subject of the author’s com- position, together with the various characters which give it prominence, was not original. It is true the dialogue of the drama is not in the words of the copy- righted story; but its exact phraseology was not necessary to the adap- tation of the plot or subject or the portrayal of the different characters to the play. The actors in the play ‘“‘The Heir to the Hoorah’’ portray or imitate the characters in the copyrighted story, and in addition thereto make use of incidents and situations which apparently give expression to the central theme or purpose of the author. Whatever of addition has been introduced in the play does not obscure or emasculate the central figure of the story, namely, the rejuvenate husband. The copyrighted story was not strictly a dramatic composition, although its special features, its incidents, personages, and episodes plainly indi- cated that it was not without dramatic interest and could, by appro- priate dialogue, scenes, and stage business, be translated or expanded into a drama. It is enough if the essence of a play is taken from an original literary production, and it is held that one or more chapters of a novel are to be regarded as a dramatic composition. (Drone on Copy- right, p. 589.) The playwright of ‘The Heir to the Hoorah,”’ as already stated, has expanded the plot of the story. using different words. He has introduced additional characters. He has cleverly staged the play, and by the use of language and characters has given the sub- ject of the story an excellent interpretation. But all this is unim- portant, if he has taken, as I think he has, the substance of complain- ant’s authorship. (Emerson v. Davies, 3 Story, 768, Fed. Cas., No. 4436; Drone on Copyright, p. 433.) The playwright has testified that he did not use the plot or theme contained in the copyrighted story, but that the plot of the play wasoriginated by him. Evidence has been introduced to show that the incidents and situations were familiarly known. But, giving weight to the testimony of complainant’s witness, Mrs. Norris, it would seem to be established that the playwright, without first obtaining the permission of the author or proprietor, plagiarized and imitated the complainant’s copyrighted literary composition. The theatrical production above mentioned has been staged at great expense, and the elaborate scenery, stage effects, translation of the story into a dramatic composition, were the result of such valuable services and skill by the defendant that the court would hesitate to grant relief by injunction against the entire play were it not that the 194 Report of the Librarian of Congress pivotal feature of the play or the objectionable parts are seemingly inseparable from the theme of the story, and therefore, adopting the general rule in such cases, the said play or drama containing the liter- ary matter-which is the subject of this controversy must be enjoined. Probably the play or drama can be revamped to eliminate the afore- said objectionable imitations. If such is the fact, and this may be shown on settlement of the restraining order, the injunction will simply cover such objectionable portions. Let complainant enter a decree in conformity with this decision, with costs. [166 Federal Reporter, pp. 589~-593.] Dam v. KirKE La SHELLE Co. (Circuit Court of Appeals, Second Circuit. January 11, 1910. On Peti- tion for Modification of Order for Mandate, February 16, 1910.) No. 70. Dam y. Kirke 1: LITERARY PROPERTY—SALE OF STORY BY AUTHOR WITHOUT RESERVATION—Copy- La Shelle Co. RIGHT BY PURCHASER—DRamMATIC RIGHTS. A sale by the author of a story to a magazine publishing company and delivery of the manuscript, and the acceptance of a sum of money “in full payment for story” without any further agreement, was in legal effect an absolute sale without reserva- tion, carrying with it as an incident of ownership the exclusive right to dramatize the story when copyrighted under Rev. St., sec. 4952, as amended in 1891 (U.S Comp. St., 1901, p. 3406), which provides that ‘authors or their assigns shall have the exclusive right to dramatize and translate any of their works for which copy- right shall have been obtained under the laws of the United States. z, COPYRIGHTS—EXTENT OF RIGHTS ACQUIRED—COPYRIGHT OF MAGAZINE. The filing of the title of a magazine for copyright by the publisher and the inser- tion of the proper notice is sufficient to secure a copyright of a story published therein and protect the right to dramatize the same where the publisher is the owner of both the story and the dramatic rights. 3. COPYRIGHTS—INFRINGEMENT—DRAMATIZATION OF COPYRIGHTED STORY. _ A playwright who appropriates the theme or plot of another’s story, protected by copyright, as the basis of a play, can not escape a charge of infringement by adding to or slightly varying the incidents, or by adding to the number and changing the names of the characters. 4, COPYRIGHTS—INFRINGEMENT—DAMAGES RECOVERABLE. The owner.of the copyright of a story which has been infringed by another by appropriating the story as the basis of a play is entitled to recover as damages all of the profits made by the infringer from the production of such play; there being no other practicable measure of damages. WaRD, circuit judge, dissenting. Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by Dorothy Dorr Dam against the Kirke La Shelle Company. Decree for complainant (166 Fed., 589), and defendant appeals. Affirmed. This was a suit in equity brought in February, 1906, by Henry J. W. Dam to restrain an alleged infringement of a copyright. The original complainant died in April, 1906, and the suit was subsequently revived in the name of the administratrix of his estate, the present compiain- Register of Copyrights 195 ant. The circuit court held that the defendant had infringed the copy- right in question and rendered a decree for an injunction and an account- ing. The defendant has appealed. The following are material facts: During the year 1898 said Dam, who was an author and dramatist, wrote a story entitled “The Transmogrification of Dan.’? In 1901 Dam sent the manuscript of this story to the Ess Ess Publishing Company, a New York corporation and the proprietor and publisher of a monthly magazine called the Smart Set. The editors of the magazine accepted the story, and fixed the price to be therefor at $85. ‘The business office of the publishing company then sent a check to Dam for that amount with a receipt for his signature, which was duly signed and returned. The receipt reads as follows: July 12th, 1901. Received of Ess Ess Pub- lishing Company $85 in full payment for story entitled ‘The Trans- mogrification of Dan. H.J.W.Dam.’’ Damhad no personal interview with any of the officers or employees of the publishing company, and the entire transaction with respect to the acquisition of the story is de- scribed in the foregoing statement. The story was published in the number of the Smart Set for Septem- ber, 1901. This number as a whole was duly copyrighted in the name of the Ess Ess Publishing Company and bore a notice in the front part thereof, “Copyright r901 by Ess Ess Publishing Company.’’ The magazine contained no other notice of copyright, and no steps were taken either by the publishing company or by Dam to copyright the story separately. On October 27, 1905, the Ess Ess Publishing Com- pany, without any monetary consideration, assigned to said Dam its copyright of said number of the Smart Set magazine so far as it applied to, covered, or protected said story, all its interest in said story under said copyright, and its claims and demands then existing for the in- fringement of said copyright. The defendant is a New York corporation engaged in the general theatrical business. At various times between September 4, 1905, and the commencement of this suit the defendant caused a play entitled “The Heir to the Hoorah’’ to be publicly performed in various theaters in the United States, This play was written and copyrighted by Paul Armstrong, a dramatist, and was presented by the defendant through an arrangement with him. On November 15, 1905, said Dam, by his attorney, notified the defendant that said play was an unlawful dram- atization of said story and forbade its future production. The de- fendant, however, continued to produce said play and this suit was brought. In his original bill of complaint, Dam alleged, in substance, that he assigned to the publishing company the right to publish and print said story as a part of said magazine, and not otherwise, and that the right to dramatize said story was held by the publishing company as trus- tee for his benefit. In an affidavit made for the purpose of obtaining a preliminary in- junction Dam swore as follows: ‘‘ I have not at any time parted with any right or interest in said literary work entitled ‘The Transmogrification 196 Report of the Librarian of Congress of Dan’ except the right for publication thereof in said number of ‘The Smart Set’ for September, rgor.’’ ‘The amended bill of complaint alleged simply that Dam sold and assigned said story to the Ess Ess Publishing Company. Stover, Hall & Freeman (John W. Griggs, Martin L. Stover, and George W. Betts, jr., of counsel), for appellant. Andrew Gilhooly, for appellee. Before Coxe, Warp, and NoyéEs, circuit judges. NovEs, circuit judge (after stating the facts as above). The first question of law arising upon the foregoing facts is whether the Ess Ess Publishing Company by virtue of its transaction with Dam became the absolute proprietor of the story in question or acquired merely the right to publish it in the Smart Set Magazine. If the statement made by Dam in hisoriginal bill and his affidavit could be accepted as correctly defining the rights of the parties, the publishing company acquired only a qualified right to the story. But the entire transaction with tTespect to the acquisition of the story by the publishing company has been stated. Even if Dam’s statements as to his interpretation of the transaction were contrary to his later claims or against his interest, they could not change what actually took place nor the legal conclusion to be drawn therefrom. This conclusion must be drawn by the court. No principle of estoppel is present. Now, as a matter of law, it seems possible to draw only one conclu- sion from the facts surrounding the acquisition of the story by the Ess Ess Publishing Company, and that is that it became the purchaser, and, consequently, the proprietor, of the work with all the rights accompanying ownership. The author offered the story. The pub- lisher accepted and paid for it, and the author transferred it with- out any reservations whatever. While it is probable that an author in assigning the right to publish and vend his work may retain and reserve the rights of translation and dramatization (Ford v. Blaney Amusement Co. [C. C.], 148 Fed., 642), a sale or assignment without reservation would seem necessarily to carry all the rights incidental to ownership. And a transaction in which an author delivers his manuscript and accepts a sum of money “in full payment for story’’ can not be regarded : as a sale with reserva- tions. The courts can not read words of limitation into a transfer which the parties do not choose to use. The copyright statute in force at the time of this transaction (Rev. St., Sec. 4952, as amended in 1891 [U. S. Comp. St. 1901, p. 3406]) pro- vided that the “proprietor of any book * * * shall upon comply- ing with the provisions of this chapter have the sole libertyof * * * publishing * * * and vending the same.’’ It further provided that: Authors or their assigns shall have the exclusive right to drama- tize or translate any of their works for which copyright shall have been obtained under the laws of the United States. We think it the better view that the Ess Ess Publishing Company by virtue of its transaction with Dam became the absolute proprietor of Register of Copyrights 197 the story “The Transmogrification of Dan’’ and was entitled to the exclusive right to dramatize it. The next question is whether the publishing company as proprietor of the story duly complied with the statute and obtained a valid copy- right protecting the dramatic rights. No question is raised but that the publishing company took all the steps required by the statute to enter for copyright in itsown name the number of the Smart Set Maga- zine containing the story under the title of the magazine. It is claimed, however, that such steps accomplished no more than to obtain such protection as the publishing company needed as publishers of the magazine. Assuming that Dam retained the dramatic rights to the story, there would be much force in thiscontention. Insuch acase we doubt very much whether the steps which the publishing company took to copy- right its magazine, especially in view of the form of the copyright notice, would have been sufficient to protect the dramatic rights. It is true that in Mifflin v. White (190 U. S., 260, 263, 23 Sup. Ct., 769, 770, 47 L. Ed., 1040), decided in 1903, the Supreme Court said that: Without further explanation it might perhaps be inferred that the author of a book who places it in the hands of publishers for publication, might be presumed to intend to authorize them to obtain a copyright in their own names. And it is said in Drone on Copyright, page 260: A person who is not the author or owner of a work may take out the copyright in his own name, and hold it in trust for the rightful owner. Thus when an article has first been published in a cyclo- pedia, magazine, or any other publication, the legal title to the copyright, if taken out in the name of the publisher, will vest in him. But it may be the property of the author, and held in trust for him. And the same is true when the copyright of a book which belongs to the author is entered in the name of the publisher. In such case a court of equity, if called upon, may decree a transfer of the copyright to be made to the owner. The difficulty is that the Supreme Court in the Mifflin case, supra, after holding that in certain cases there may be a presumption of inten- tion to authorize the copyright of a work by the publishers, said that, assuming the existence of such authority, there was an additional question, viz: Whether the entry of a magazine by its title in the name of its publisher is equivalent to entering a book by its title in the name of its author. And the Supreme Court said: The object of the notice being to warn the public against the republication of a certain book by a certain author or proprietor, it is difficult to see how a person reading these notices would under- stand that they were intended for the protection of the same work. On their face they would seem to be designed for entirely differ- ent purposes. While owing to the great reputation of the work and the fame of its author, we might infer in this particular case that no publisher was actually led to believe that the book copyrighted by Dr. Holmes was not the same work which had appeared in the Atlantic Monthly, that would be an unsafe criterion to apply to a work of less celebrity. It might well be that a book not copyrighted 198 Report of the Librarian of Congress ur insufficiently copyrighted hy the author might be republished by another in total ignorance of the fact that it had previously appeared serially in a copyrighted magazine. It is incorrect to yay that any form of notice is good which calls attention to the person of whom inquiry can be made and information obtained, since, the right being purely statutory, the public may justly de- inand that the person claiming a monopoly of publication shall * pursue, in substance at least, the statutory method of securing it. Thompson v. Hubbard, 131 U.S., 123, 9 Sup. Ct., 710, 33 L. Ed., 76. In determining whether a notice of copyright is misleading we are not bound to look beyond the face of the notice, and inquire whether, under the facts of the particular case, it is reasonable to suppose an intelligent person could actually have been misled. With the utmost desire to give a constriction to the statute most liberal to the author, we find it impossible to say that the entry of a book under one title by the publishers can validate the entry uf another book of a different title by another person. See also Mifflin v. Dutton (190 U. S., 265, 23 Sup. Ct., 771, 47 L. Ed., 1043). In view of this decision by the Supreme Court, we think that had Dam retained the dramatic rights to his story the entry of the maga- zine and the notice of copyright would have been insufficient to pro- tect them. A notice of the copyright of the Smart Set magazine by the Ess Ess Publishing Company is hardly equivalent to a notice that the story, ‘‘The Transmogrification of Dan”’ is copyrighted by or in favor of H. J. W. Dam. In the case of the reservation of dramatic rights, in add'tion to the notice of the copyright of a magazine, it may well be that it should appear in some distinct way that such reservation of such rights to the particular article is made for the benefit of the author. Indeed, it may be that the author should contemporaneously take out in his own name a copyright covering such rights. But this question need not now be determined. Having found that the Ess Ess Publishing Company became the proprietor of the story within the meaning of the copyright statute, the precise question is whether that corporation took sufficient and proper steps to protect the dramatic rights which belonged to it as assignee. In the first place, we think that the entry of the magazine containing the story with the notice in the magazine protected the story. The copyright law should receive a reasonable construction, and, in our opinion, it is not neces- sary that a copy of the title to each article in respect of which copyright is claimed should be filed nor that a notice should be inserted at the head of each article. In Ford v. Blaney Amusement Co. (C. C.), 148 Fed., 644, Judge Holt said: The copyright act in my opinion should be liberally construed, with a view to protect the just rights of authors and to encourage literature and art. I think that the filing of the title of a magazine is sufficient to secure a copyright of the articles in it if they are written or owned by the proprietor of the magazine. In Harper v. Donohue (C. C.), 144 Fed., 491, 496, upon an extended review of the authorities, it is said: Register of Copyrights 199 The almost uniform practical construction of the copyright law has been to give the notice in connection with each number of a magazine, and this has been often sustained. In Drone on Copyright, p. 144, it is said: 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. As a corollary to the conclusion that the copyrighting by the Ess Ess Publishing Company of the Smart Set magazine protected the story “The Transmogrification of Dan,’’ of which it was the proprietor, it follows that the dramatic rights to said story of which it was likewise the owner were protected. That which protected the story protected the incidents to the story. The Ess Ess Publishing Company assigned its interest in the copy- right of the story ‘““The Transmogrification of Dan’’ to the author, together with its existing rights of action. We do not understand that any question is raised as to the sufficiency of this assignment. Consid- ering the case thus far, then, we think that the complainant has estab- lished that she, as administratrix of Dam’s estate, is the owner as assignee of the Ess Ess Publishing Company of a valid copyright cover- ing the right to dramatize the story ‘“‘The Transmogrification of Dan.” The next question is whether the defendant has infringed. We think it unnecessary to review the evidence in detail with respect to the question of infringement. The circuit court has carefully com- pared the story with the play, and we agree with its conclusion that the play is a dramatization of the story. The playwright expanded the plot. He made a successful drama. The story was but a framework. But the theme of the story is the theme of the play, viz, the change produced in the character of a husband by becoming a father. It is, of course, true that the play has more characters than the story and many additional incidents. It is likewise true that none of the language of the story is used in the play, and that the characters have different names. But the right given to an author to dramatize his work includes the right to adapt it for representation upon the stage which must necessarily involve changes, additions, and omissions. It is impossible to make a play out of a story—to represent a narrative by dialogue and action—without making changes, and a playwright who appropriates the theme of another’s story can not, in our opinion, escape the charge of infringement by adding to or slightly varying his incidents. It is undoubtedly true, as claimed by the defendant, that an author can not by a suggestion obtain exclusive control of a field of thought upon a particular subject. If the playwright in this case, without the use of the story, and working independently, had constructed a play embracing its central idea, it may well be that he would not have infringed the copyright of the story. But a comparison of the play with the story shows conclusively in many unimportant details that Armstrong read the story and used it as the basis of his play. It is 19293—13-—§ 200 Report of the Librarian of Congress practically impossible that the similarities were coincidences. Other testimony is to the same effect. In our opinion the playwright delib- erately appropriated the story and dramatized it. The statute giving authors of copyrighted works the exclusive right to dramatize them must receive a reasonably liberal application, or it will be wholly ineffective. As we have just pointed out, the adaptation of a story to the stage must necessitate changes and additions.. Few short stories could be transformed into dramatic compositions without the addition of many new incidents. Unless the copyright statute is broad enough to cover any adaptation which contains the plot or theme of the story, it is wholly ineffective. If Armstrong, by what he did, did not infringe the dramatic rights of this story, it is difficult to see what he could have done which would have infringed them. We thus reach the conclusion that the defendant by the production of the play ‘The Heir to the Hoorah”’ infringed the copyright of the story ‘The Transmogrification of Dan.’’ This conclusion would call for an affirmance of the decree without further discussion were it in the usual form. Questions as to the amount of damages or profits ordi- narily come up for determination only after the accounting. The decree in this case, however, is very broad. It provides: That the complainant recover of the defendant the gains and profits made by it by making use of said play, entitled ‘‘The Heir to the Hoorah,’’ by giving public performances thereof, by causing or licensing public performances thereof, to be given, or in any other way, form, or manner. As, therefore, the decree goes much further than to provide for the recovery of the profits derived from the use of the story and embraces all profits arising from the production of the play, it is necessary now to determine whether such comprehensive form is proper. At the first consideration of the subject, it seems most unjust that the representatives of an author who was willing to sell his story for $85, who apparently never thought of dramatizing it, whose dramatization, if made, might have been unsuccessful—indeed might never have been produced—who took no risks of an unsuccessful venture, should receive all the profits made by the defendant in the venturesome enterprise of producing and presenting the play—an enterprise involving the expenditure of time and money for the employment of actors, the prepa- ration of scenery and costumes, the hiring of theaters, advertising, and many other purposes. On the other hand, unless the complainant is entitled to all the profits arising from the production of the play, she is, as a practical matter, entitled to no pecuniary recovery at all. It is manifestly impossible for an author of a book or story which he has never dramatized to show that he has sustained any actual damage by the dramatization and production of a play based uponit. It is equally impossible for him to show the proportion of the profits accruing to a theatrical company from the use of a copyrighted theme or plot and the proportion accruing from the use of the scenery, the employment of favorite actors, and other sources. If, in a case like the present, an author can not hold the theatrical company as his trustee and accounta- Register of Copyrights 201 ble for all the profits from the play, then it necessarily follows that all copyrighted but undramatized books and stories may be appropriated and used with impunity. The right to follow the theatrical company over the country and seek injunctive relief would involve great expense and be of little avail. Notwithstanding the hardships imposed upon the defendant by the decree in this case, we think that no other decree gives effect to the copyright statute, and that it is supported by the authorities. Thus in Callaghan v. Myers (128 U. S., 617, 666, 9 Sup. Ct., 177, 191, 32 L. Ed., 547) the Supreme Court of the United States, by Mr. Justice Blatchford, said: In regard to the general question of the profits to be accounted for by the defendants as to the volumes in question, the only proper rule to be adopted is to deduct from the selling price the actual and legitimate manufacturing cost. If the volume con- tains matter to which a copyright could not properly extend, incorporated with matter proper to be covered by a copyright, the two necessarily going together when the volume is sold as a unit, and it being impossible to separate the profits on the one from the profits on the other, and the lawful matter being useless without the unfawful, it is the defendants who are responsible for having blended the lawful with the unlawful, and they must abide the consequences, on the same principle that he who has wrongfully produced a confusion of goods must alone suffer. As was said by Lord Eldon, in Mawman v. Tegg (2 Russell, 385, 391): “Tf the parts which have been copied can not 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 the 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 can not be separated, and if by that means the injuction, which restrained the publication of my literary matter, prevents also the publication of his own literary matter, he has only himself to blame.’’ The present is one of those cases in which the value of the book depends on its completeness and integrity. It is sold as a book, not as the fragments of a book. In such a case, as the profits result from the sale of the book as a whole, the owner of the copyright will be entitled to recover the entire profits on the sale of the book if he elects that remedy. (Elizabeth v. Pavement Co., 97 U. S., 126, 139 [24 L. Ed., rooo].) See, also, Belford v. Scribner, 144 U. S., 508, 12 Sup. Ct., 734, 36 L. Ed., 514. In the present case it is impossible to separate that which is taken from the story from the remainder of the play, and we can reach no other conclusion than that the complainant is entitled to recover the whole profits from the play. For these reasons, the decree of the circuit court is affirmed, with costs. Warp, circuit judge. I am siot able to concur in the opinion of the court in this case. Two accounts are given of the original complainant’s dealings with respect to the story called ‘The Transmogrification of i 202 Report of the Librarian of Congress Dan’’ with the Ess Ess Company. Dam himself verified the original bill in which he averred that he gave that company merely the right to publish the story in the number of its magazine for September, rgor, and that it was to take out a copyright in trust for him as to every other right. He followed this by an affidavit made in the cause to the same effect. All this time he had in his possession an assignment from the Ess Ess Company of its copyright. This is the first account. After Dam’s death the bill was amended’ by stating that he sold the story to the Ess Ess Company with the right to copyright the same, whereby it obtained the exclusive privilege of “printing, reprinting, vending, dramatizing, and translating’ the same, and that the Ess Ess Company subsequently assigned its copyright to him, so far as it covered the story. This is the second account. These two accounts are entirely inconsistent and lead to very differ- ent results. If the second, made after Dam’s death, be adopted, the conclusion of the majority of the court is clearly right, because the law provides for but one copyright, and, as I think, that the right of trans- lation and dramatization is covered by it as an incident of the owner- ship of the copyrighted work. On the other hand, if the account given by Dam himself is adopted, no right except to publish the story in the magazine was secured. Certainly under the case of Mifflin v. White (190 U.S., 260, 23 Sup. Ct., 769, 47 L. Ed., to4o) the notice of the entry of the magazine in the name of the Ess Ess Company was not notice to the public of Dam’sreserved rights in the story, if he had any, and they were capable of protection. The form of certificate provided by sec- tion 4957 (Rev. St. U. S$.) contains no provision for ownership of the right to dramatize or translate separate from ownership of the copy- righted work. The person getting the copyright is described as claim- ing ‘‘as author (originator, or proprietor, as the case may be),’’ and ' section 4964 permits the dramatization or translation of a copyrighted work with the consent of the proprietor. Congress could not have intended that the assignee of the author, not being actually the pro- prietor, should authorize the translation or dramatization of the work; such rights belonging to some one else. The experienced attorney for the complainant undoubtedly amended his bill because he saw that there could be no recovery under it as originally drawn. The majority of the court take the same view, but hold that the only possible con- clusion to be drawn from what was done by the parties is that the Ess Ess Company, in the face of Dam’s verified statements to the contrary, became the absolute proprietor of the work. I think, however, that sending a story to a periodical and receiving back a check for the same is as consistent with selling the story for publication in the periodical only as it is with selling it outright. If to this be added a receipt for the check as payment in full for the story, the case is not advanced. A receipt is always open to explanation. (17 Cyc., 629.) If acontest as to title had arisen between Dam and the Ess Ess Company and he had been plaintiff, he would have been per- mitted to show, if he could, that the sale was not absolute, but with reservations, and for this purpose he could have availed himself of any Register of Copyrights 203 act or declaration of the Ess Ess Company inconsistent with an abso- lute sale. Similarly, if the Ess Ess Company had been plaintiff, it would have been permitted to use any declarations of Dam, if he had made any, to the effect that the contract was an absolute sale as an admission of that fact. And, treating the receipt asa contract, a stranger to the transaction like the defendant would be allowed to contradict it by parol testimony. (McMaster v. Insurance Co., 55 N. Y., 222, 234, 14 Am. Rep., 239; Condit v. Cowbrey, 123 N. Y., 463, 25 N. E., 946.) Adopting the account given by Dam himself of the transaction, which, by the way, is consistent with the gratuitous assignment to him by the Ess Ess Company of its copyright, I think the bill should be dismissed. On petition for modification of order for mandate. Per curiam. Upon the denial of the petition for a rehearing this court directed that the mandate should contain a provision that the affirmance of the decree of the circuit court should be without preju- dice to the right of that court to amend its decree so as to provide for the recovery of damages if the court should be satisfied that there is a lawful and practicable method of ascertaining substantial damages sustained by the complainant and that for such reason the decree is too broad. The complainant now insists that such a modification should not be permitted, contending that the circuit court has no power to award damages in copyright suits in equity. The complainant in her complaint asks for damages as well as profits, and it may be that the equity powers of the circuit court are broad enough to award them. But it is unnecessary to decide this question, for there is a difficulty which arises in view of the complainant’s present position. The decree awards profits, and the complainant expressly disclaims any desire to recover damages. We knowof no principle upon which a court of equity can compel a complainant to take damages, instead of profits, when he insists upon the latter. The order for the mandate will provide simply for the affirmance of the decree, with costs. [175 Federal Reporter, pp. 902-911.] JOURNAL PUBLISHING CO. v. DRAKE et at. (Circuit Court of Appeals, Ninth Circuit. October 14, 1912.) 1. COPYRIGHTS—INFRINGEMENT—ACTION FOR PENALTY—DIRECTION OF VERDICT. Journal Pub. Rev. St., sec. 4965 (U.S. Comp.-St. 1901, p. 3414), provides that if any person, Co.v. Drake et al. after the copyrighting of a photograph, without consent of the proprietor of the copy- right, shall copy, print, or publish the same in whole or in part, or, knowing the same to be pririted or published, shall sell or expose for sale any copy thereof, he shall for- feit $1 for every sheet of the same found in his possession or exposed for sale, one half to go to the proprietor of the copyright and the other half to the United States. HELD, that where defendant printed 2 copyrighted photographs belonging to plain- tiffs without their consent, and 4oo sheets of the journal in which they were printed were found in defendant’s possession, the court properly directed a verdict for plaintiffs for the penalty prescribed. 204 Report of the Librarian of Congress 2, COPYRIGHTS—NATURE AND FORM—PENALTIES. An action to recover penalties for violating Rev. St., sec. 4965 (U.S. Comp St. 1901, P. 3414), relating to the infringement of copyrights, is a civil action founded on an implied contract, which every person enters into with the state to observe the laws, 3. TRIAL—QUESTIONS FOR COURT AND JURY—DIRECTION OF VERDICT. Where plaintiff has clearly made out his case, and there is no evidence to the con- trary, it is proper for the court to direct a verdict in his favor. q. APPEAL AND ERROR—INCOMPLETE RECORD—PRESUMPTIONS. In the absence of a complete record of the evidence, there being no objection to a statement by the court as to what the evidence was with respect to a fact, it will be presumed on appeal that the statement was correct. 5. COPYRIGHTS—INFRINGEMENT— INTENT. Rev. St., sec. 4965 (U. S. Comp. St. 1901, p. 3414), provides'that in case any person publishes a copyrighted photograph, without consent of the owner of the copyright and with intent to evade the law, he shall forfeit certain prescribed penalties. HELD, that the penalty was for the act of copying, printing, and publishing a copy- righted article, or for selling or exposing for sale such a copy, and, the printing or selling being proved, an unlawful intent would be presumed. ~ 6. COPYRIGHTS—INFRINGEMENT—SHEETS. Rev. St., sec. 4965 (U. S. Comp. St. 1901, p. 3414), prohibiting the infringement of a copyright, declares that the infringer shall forfeit $z for every sheet of the same found in his possession, either printed, copied, published, or exposed for sale. HELD, that the penalty imposed is for every sheet on which an infringement is printed; and hence, where 400 sheets, each containing 2 separate and distinct infringements, were found in defendant’s possession, there were 800 infringements printed, and the court properly rendered judgment for $800. In error to the District Court of the United States for the District of Oregon. : : Action by J. D. Drake and E. R. Drake, doing business under the, name and style of Drake Bros., against the Journal Publishing Company, to recover the penalty provided by law for the infringement of a copy- right. Judgment for plaintiffs, and defendant brings error. Affirmed. In 1903 the plaintiffs were photographers in the city of Silverton, Marion County, Oreg., under the firm name and style of Drake Bros. In July, 1903, plaintiffs became the sole owners and proprietors of two certain photographic productions, entitled and known as ‘‘ Lower South Silver Creek Falls,’’ and ‘“‘South Silver Creek Falls.’ In September, 1903, plaintiffs secured copyrights from the Librarian of Congress for these two photographs, and thereafter gave notice of such copyrights by printing on each print of said photographs and upon some visible portion of each of said photographs the following notice: ‘Copyright, 1903, Drake Brothers.’’ Prior to September 8, 1907, the plaintiffs had given permission to one Phillip S. Bates, a publisher in the city of Port- land, Oreg., to use said photographs in an illustrated edition of the “Pacific Northwest,’’ a newspaper of general circulation published by the said Phillip S. Bates at Portland, Oreg., for the purpose of exploit- ing the resources of Oregon. Thereafter an agent of the defendant, in search of material for a proposed illustrated edition of the Oregon Daily Journal, a paper published by the defendant in Portland, Oreg., called at the office of said Phillip S. Bates and secured copies of the photo- graph in question. These photographs were taken by the agent of the defendant to the office of the Oregon Daily Journal, and by a mechani- cal process defendant made reduced copies of the same in size, and used Register of Copyrights 205 said copies by printing and publishing the same in defendant’s paper, the Oregon Daily Journal, on September 8, 1907. It is recited in the record that J. D. Drake, one of the partners in plaintiff’s business, testified, that since the complaint was filed he had succeeded to the partnership as the owner of said copyrights, and that prior to the filing of the complaint he did not give the defendant, its officers, agents, or servants, leave or permission to use said copyrighted photographs. In March, 1908, plaintiffs visited the office of the Oregon Daily Journal and purchased 400 copies of the issue of the defendant’s paper of September 8, 1907, which contained copies of plaintiffs’ copyrighted photographs. Thereafter plaintiffs brought this suit in the United States District Court for the District of Oregon to recover the penalty of $1 each, provided by the statute. Upon the trial of the case, the facts having been proved as stated, the court instructed the jury to return a verdict for the plaintiffs. It is recited in the record that the court, in granting plaintiffs’ motion, stated that the photographs were reproduced and used by the defendant without the knowledge or con- sent of plaintiffs. In accordance with the court’s instructions, the jury returned a verdict for the plaintiffs for the sum of $800 and costs. Thereafter judgment was entered upon the verdict in favor of the plain- tiffs for the sum of $400, and for the use and benefit of the United States $400, together with costs and disbursements in the action. The de- fendant brings the case here by writ of error. John F. Logan and John H. Stevenson, both of Portland, Oreg., for plaintiff in error. Seitz & Seitz and Conley & De Neffe, all of Portland, Oreg., for defendants in error. Before GILBERT, Ross, and Morrow, circuit judges. Morrow, circuit judge (after stating the facts above): [1] The only question in this case is whether the court was in error when it instructed the jury to return a verdict for the plaintiffs. The action is based upon section 4965 of thé Revised Statutes of the United States (U. S. Comp. St. 1901, p. 3414), which, so far as this case'in concerned, provides: If any person, after the recording of the titleofany map * * * photograph * * * shall * * contrary to the provisions of this act, and without the consent of the proprietor of the copy- right first obtained in writing, signed in presence of two or more witnesses, * * * copy, print, publish * * * in whole or in part, or by varying the main design, with intent to evade the law, or, knowing the same to be so printed, published * * * shall sell or expose to sale any copy of such map or other article, as aforesaid, he shall forfeit * * * one dollar for every sheet of the same found in his possession, either printing, printed, copied, published * * * or exposed for sale. * * * One-half of all the foregoing penalties shall go to the proprietors of the copy- right and the other half to the use of the United States. There is no substantial controversy about the facts in this case. The plaintiffs had secured copyrights for these photographs. They were owned by the plaintiffs, and were copied, printed, and published by the defendant, and the evidence was that such copying, printing, and 206 Report of the Librarian of Congress publishing by the defendant was without the consent of the plaintiffs. This evidence was uncontradicted, and 400 sheets of the Oregon Daily Journal were found in the possession of the defendant, in which these two photographs were copied, printed, and published. It was the duty of the court to instruct the jury that these undisputed facts con- stituted a violation of the statute and that their verdict should be for the plaintiffs. [2, 3] The action isa civil action for penalties. “Actions for penalties are civil actions, both in form and in substance, according to Black- stone. (3 Com., 158.) The action is founded upon that implied con- tract which every person enters into with the State to observe its laws.” (Stearns v. United States, 2 Paine, 300, Fed. Cas. No. 13341; 30 Cyc. 1344. Where plaintiff has clearly made out his case, and there is no evidence to the contrary, it is proper for the court to direct a verdict in favor of the plaintiff. (38 Cyc., 1574.) [4] It is objected that the evidence of one of the members of the plaintiff’s partnership that consent had not been given by him to the defendant to use the copyrighted photographs was not sufficient; that there was nothing to show that written consent had not been given by the other partner. In granting plaintiffs’ motion to instruct the jury to find for the plaintiffs, the court stated that the photographs were reproduced and used by the defendant “without the knowledge or consent of plaintiffs.’’ Passing the question whether the written con- sent of plaintiffs was not a fact to be established by the defendant, it does not appear that all the evidence introduced upon the trial is in the record. In the absence of such a complete record of the evidence, and the fact that there was no objection made to the statement made by the court as to what the evidence was with respect to that fact, it will be presumed that the statement made by the court was correct, and that the evidence was uncontradicted that the copying, printing, and publishing of these two photographs by the defendant was without the consent of the plaintiffs. {s] It is further objected that there was no evidence of any intent on the part of the defendant to evade the law. The penalty provided by the statute is for the act of copying, printing, and publishing a copyrighted article, or for selling or exposing for sale such a copy, and the forfeiture or penalty is fixed for every sheet of such copy found in the possession of the person who has committed any one of the acts prohibited. The general rule in such a case is that, where the defend- ant has been shown to have committed an unlawful act, an unlawful intent is presumed. ‘“‘If a man intentionally adopts certain conduct in certain circumstances known to him, and that conduct is forbidden by the law under those circumstances, he intentionally breaks the law in the only sense in which the law ever considers intent.’’ (Ellis v. United States, 206 U. S., 246, 257, 27 Sup. Ct., 600, 602, 51 L. Ed., 1047, 11 Ann. Cas., 589.) But there is a prohibition in this statute. against the copying, printing, and publishing of a copyrighted article “by varying the main design with intent to evade the law.’’ That is not this case, and it is obvious that the intent to evade the law is only Register of Copyrights 207 required to appear or be inferred where the copyrighted article has not been reproduced in the substantial form and character of the original, but where in the reproduction there has been a varying of the main design. In such a case it should appear as a fact, or be inferable from facts proven, that the reproduction was with an intent to evade the law, and this would be a question of fact for the jury. There is no such question in this case. 6. It is further objected that the verdict and judgment is in excess of that provided by the statute; that the penalty of $1 is for every sheet of the infringed copyright found, without regard to the number of infringements printed on each sheet. We do not so understand the law. The penalty imposed is for every sheet upon which an infringe- ment is printed. In this case, as there were two separate and distinct infringements printed upon 400 sheets, there were 800 infringements printed in all. ; The judgment of the district court is affirmed. [199 Federal Reporter, pp. 572-376.] LYDIARD-PETERSON Co. v. WOODMAN (Circuit Court of Appeals, Eighth Circuit. March 3, 1913.) No. 3738. 1. COPYRIGHTS—EXTENT OF MONOPOLY. The holder of a copyright has no monopoly by virtue of the issued copyright itself; his rights being measured solely by the statute, provided he has complied therewith. 2. COPYRIGHTS—NOTICE—MapP. | Act June 18, 1874, c. 301, 18 Stat., 78 (U. S. Comp. St. 1901, p. 3411), provides that a copyrighted publication must contain a notice on its face or title page, ‘‘ ‘Entered. according to Act of Congress,in the year .. by A. B., in the office of the Libra- rian of Congress, at Washington;’ or at his option the word ‘Copyright,’ together with the year and the name, thus: ‘Copyright, 13—, by A. B.’”’ Held that, where a map of a lake and surrounding property was drawn by J.C. Woodman and pub- lished by the Woodman Publishing Company, a copyright notice on the map, “Copyright 1908, Drawn by J. C. Woodman,” was insufficient. 3. COPYRIGHTS—DIRECTORY—M ap. Complainant published a map of a lake and surrounding territory, called ‘‘ Wood- man’s Minnetonka Map-Directory, 1908.’’ On the title-page of the book were the words ‘‘Copyright 1908 by Prentiss M. Woodman, Woodman Publishing Company, Lumber Exchange, Minneapolis, Minn.’’ The map had on its face ‘‘Woodman’s Minnetonka Map-Directory, Copyright 1908. Drawn by J.C. Woodman.” It also contained red figures referring to the index book or directory by which the particular pieces of property shown on the map were further described and identified. The book contained a pocket for the map, both being referred to as ‘‘Map-Directory”’ and intended to be used together. Five hundred more maps than books were published, and some extra maps were sold alone, but not until after the book was copyrighted. . Held, that the map was a part of the book, and protected by the valid copyright notice in the book, though the notice on the map was insufficient. Hook, circuit judge, dissenting. Appeal from the Circuit Court of the United States for the District of Minnesota; Charles A. Willard, judge. Lydiard-Peterson Co. v. Woodman 208 Report of the Librarian of Congress Suit by Prentiss M. Woodman against Lydiard-Peterson Company. Judgment for plaintiff and defendant appeals. Affirmed. Milton D. Purdy, of Minneapolis, Minn. (William A. Lancaster and David F. Simpson, both of Minneaspolis, Minn., on the brief), for appellant. Charles J. Traxler and Prentiss M. Woodman, both of Minneapolis, Minn., for appellee. Before SANBORN and Hook, circuit judges, and McPHERSON, district judge. SmitH McPHERSON, district judge. This is an action in equity for an injunction and damages for infringement of an alleged copyrighted map or chart of Lake Minnetonka, Minnesota. The Lydiard-Peterson Company, the defendant in the court below, pleaded a number of. defenses, only one of which will be considered. The lower court adjudged the Lydiard-Peterson Company guilty of infringement, awarded plaintiff damages in the sum of $75 and costs, including an attorney fee of $50, and perpetually enjoined the Lydiard Company from reproducing, printing, or selling the map it had been printing and selling. Thereupon this appeal was taken. To save expense and to limit the controversy, the parties signed and filed a stipulation, to the effect that the only question for deter- mination by this court is as to the sufficiency. of the notice on com- plainant’s alleged copyright. Prentiss M. Woodman had printed a directory showing the ownerships of all residences and property adja- cent to and near by the lake. Inside of the cover is a pocket for a map. There were 500 copies of the book and 1,000 maps printed. In some instances the book with map included sold for $3, and in other instances the map alone for $1. Woodman himself sold them, and a few were sold at book stores. On the map is the following: Woodman’s Minnetonka Map-Directory. Copyright 1908. Drawn by J. C. Woodman. On another part of the map is the following: Published by Woodman Publishing Co., 841 Lumber Exchange Building, Minneapolis, Minn. Red figures refer to Index Book with ten special books. Price, including book, $3.00 postpaid. The bill of complaint refers to the map only. The map has red nu- merical figures representing each piece or tract of ground. By referring to the corresponding figure in the Directory, the name of the owner or occupant is ascertained. The description of defendant’s map need not be stated, because the stipulation recites: It being conceded by the appellant, if the notice of copyright is sufficient, the record contains evidence sufficient to support the finding and judgment of the court as to infringement. It was also stipulated that the outside cover of the book, and the title page, introduction, and contents of the book should be certified to this court— for the reason those portions of the exhibit above specified contain all matters in any wise affecting or pertaining to the question Register of Copyrights 209 raised and to be considered on this appeal, to wit, the sufficiency of the notice contained on Exhibit A (which is the map). So that it is necessary to turn to the book (Map-Directory) in so far as itisin the record. On the title page is the following: “‘Woodman’s Minnetonka Map-Directory, 1908.”’ And the following: “Woodman’s gies Map-Directory, 1908. Copyright 1908 by Prentiss M. Woodman. Woodman Publishing Company, Lumber Exchange, Minneapolis, Minn.” The requisite copies were timely deposited with the Librarian of Congress, and on March 25, 1908, the copyright for 28 years was issued. {x] The holder of a copyright has no monopoly by virtue of the issued copyright itself, but his rights are measured by the statute, provided always he has complied with the statute. (Thompson v. Hubbard, 131 U. S., 123, 9 Sup. Ct., 710, 33 L. Ed., 76; Merrell v. Tice, 104 U. S., 557, 26 L. Ed., 854; Wheaton v. Peters, 8 Pet., 591, 8 L. Ed., 1055.) The statute of June 18, 1874 (18 Stat., 78, c. 301 [U. S. Comp. St. rgor, p. 3411]), provided that a publication should show on its face or title page: “Entered according to Act of Congress, in the year by A. B., in the office of the Librarian of Congress, at Washington; or at his ‘option the word ‘Copyright’ together with the year * * and the name * * * thus—‘Copyright, 18—, by A. B.’” {2] This was on the book at its appropriate place with greater defi- niteness than required by statute. And if we were dealing with the book or Directory alone the case would not require argument to show that the statute had been complied with. And the subsequent statute, enacted after complainant had obtained his copyright, is of less specific requirements. (See act Mar. 4, 1909, c. 320, 35 Stat., 1079, U. S. Comp. St. Supp. 1911, p. 1472.) [3] Turning to the map, and considering it alone, we find at one place on its face in large print: “Woodman’s Minnetonka Map-Directory. Copyright 1908. Drawn by J. C. Woodman.” z . In another place the words: “Published by Woodman Publishing Co., 841 Lumber Exchange, Minneapolis, Minn.’ In tne light of the fact that the record shows Prentiss M. Woodman to have been the author of the copyright and that J. C. Woodman was the draftsman of the map, and that they were father and son, of the same city and same business address, that of and by itself, the notice on the map is not sufficient. The cases of Burrow-Giles Lithographic Com- pany v. Sarony (111 U.S., 53, 4 Sup. Ct. 279, 28 L. Ed. 349) and Bolles v. Outing Company, by the Court of Appeals, Second Circuit (77 Fed., 966, 23. C.C. A. 594, 46L. R. A. 712), affirmed in 175 U. S., 262, 20 Sup. Ct., 94, 44 L. Ed., 156, although not passing on the point, have gone far in upholding the sufficiency of a notice. In the Sarony case the initia of the given name was given. In the Bolles case no initial of the first 210 Report of the Librarian of Congress name was given, and the surname only was recited. But the subject matter was a photograph, and there was no other photographer by that name in the city named. To uphold the map alone in the case at bar is to carry the defective notice further than either of the cases cited, and as believed further than any appellate court has yet gone. So that, if the map alone were being considered, it would follow that the notice is insufficient. But we are of the opinion that in this case the book or Directory and the map are one production, and that the Directory includes the map. We fail to find a material difference whether the map is inclosed in the pocket to the Directory or whether it is stitched or otherwise fastened to the cover, or elsewhere in the Directory. On the map is the hyphen- ated word ‘‘Map-Directory,’’ showing that it is of itself not complete. To use it, the figures necessarily carry the reader to the book or Direc- tory. And on the title page of the book are the same words ‘‘Map- Directory.’’ These carry the reader to the map. But the argument against the foregoing is that there were but 500 books published and 1,000 of the maps, and that some of the 500 extra maps were alone sold. But the answer to that is: He had the right to print as many extra maps as he desired, provided he did not distribute them. And those separate maps put in circulation were thus distrib- uted after he had a valid copyright. The effect of that may or may not amount to an abandonment, the very question we are precluded under the stipulation from considering. The parties have agreed that we shall only consider the sufficiency of the notice. Paragraph 8 of the defendant’s answer is an affirmative defense to the effect that subsequent to March 28, 1908 (date of complainant’s copyright), the complainant sold the map separately and thereby lost his exclusive rights under his copyright.. This question was for the District Court to decide, and presumptively was correctly decided. And that holding is not here for review. Our holding is that the directory, with the map in the pocket, con- stitute but one publication, on which, at the appropriate place, is a sufficient notice. What was done with the extra maps with a defective notice at a subsequent time, and the effect thereof, is now not material. The decree of the lower court should be affirmed; and it is so ordered. Hook, circuit judge (dissenting). This suit was brought for the infringement of the copyright of a map, not of a book and map. It is conceded in the foregoing opinion, as indeed it must be, that the notice of copyright on the map, taken by itself, is insufficient; therefore the map, separately regarded, was subject to duplication by anyone. The notice required by the act of Congress to be placed upon each copy of the thing copyrighted must be sufficient to advise the public of the name of the author, the existence of the claim of exclusive right, and the date at which the right was obtained. This notice has always been held to be a condition precedent to the perfection of a copyright. To find a sufficient notice in this case my brothers leave the map and go to the title-page of a book. But the map is not a physical part of the book; it is a part only by reference found in the book. True, there is a pocket in the book in which the map might be placed for convenient Register of Copyrights 211 keeping, but whether it is kept there and used in connection with the book depends upon the whim or desire of the owner. This is so because the map as such is complete in itself and has a use independently of the book. To that extent it is a distinct publication. The course of com- plainant confirms this. He published 500 books and 1,000 maps, and put the extra maps on the market and sold some of them. This is not mentioned to show abandonment of the copyright or forfeiture, but simply to show complainant’s course of trade, and that he regarded them as publications, each independently useful and marketable. Heywood v. Potter (22 L. J. Q. B., 133) is in point. It arose under the English copyright of designs act, 5 & 6 Vict., c. roo, § 4, which required the proprietor of a design to put upon each article to which it was applied the letters ‘‘Rd,’’ meaning registered. The plaintiff copyrighted a design for wall paper which he made and sold for use in 12-yard lengths. Upon these he placed the required letters. But it was also the practice to sell or otherwise issue patterns or samples 27 inches long cut from the 12-yard lengths. These samples so published and disposed of did not bear the mark of registration, and it was held the plaintiff was not entitled to relief. Regarding the same act, Romilly, Master of the Rolls, said: Whatever the original manufacturer who has got a registered design sells, a separate piece it may be, he must give notice upon on piece that it is registered. (Sarazin v. Hamil, 32 L. J. Ch., 380. The notice prescribed by the act of Congress is to protect the public from charges of piracy, and it should be placed where it will reasonably accomplish its object, having regard to the character of the article and the customs of trade. [204 Federal Reporter, pp. 921-926.] New York Times Co. v. Sun Printinc & PUBLISHING ASss’N (Circuit Court of Appeals, Second Circuit. April 14, 1913.) No. 176 f 1 CopyRIGHTS — ESTABLISHMENT — FILING CoplEs — INFRINGEMENT — Suit — CONDITION PRECEDENT—“ MAINTAIN.”’ Act March 4, 1909, c. 320, 35 Stat., 1075 (U. S. Comp. St. Supp. 1911, p. 1472), pro- viding that no action or proceeding shall be maintained for infringement of a copy- right of any book until two complete copies have been deposited in the Copyright Office, or in the mails, addressed to the Register of Copyrights, is not limited to an action or proceeding for infringement, but applies as well to a suit in equity for an injunction to prevent the infringement or violation of complainant’s copyright, and for an accounting, precluding the lawful commencement of a suit for that purpose prior to deposit of copies; the word “maintain” including the commencement of such suit. Appeal from the District Court of the United States for the Southern District of New York; Julius M. Mayer, judge. Suit by the New York Times Company against the Sun Printing and Publishing Association. From a decree dismissing the amended bill on demurrer complainant appeals. Affirmed. New York Times Co. v. Sun . Printing & Pub lishing Ass’n 212 Report of the Librarian of Congress Leventritt, Cook & Nathan, of New York City (Alfred A. Cook, Max J. Kohler, and Franklin H. Mills, all of New York City, of counsel), for appellant. James M. Beck and Charles K. Carpenter, both of New York City, for appellee. Before Coxe, Warp, and Noves, circuit judges. Coxe, circuit judge. The principal question presented by this appeal is as follows: Can an action for the infringement of a copyright of a book be maintained, unless it be alleged and proved that prior to the commencement of the action two complete copies of the best edition thereof were deposited in the Copyright Office or in the mail addressed to the Registrar of Copyrights at Washington, as provided by section 12 of the copyright law? The relevant portions of section 12 of the law are as follows: That after copyright has been secured by publication of the work with the notice of copyright as provided in section 9 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 * * *. 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. (Act Mar. 4, 1909, ¢. 320, 35 Stat., 1078, U. S. Comp. St. Supp. 1911, p. 1476.) The last paragraph would seem to be a plain prohibition against the maintenance of an action or proceeding for infringement until the copies are deposited in the Copyright Office or in the mail. If an equity action for an injunction and an accounting be not such an action as the statute contemplates, it is difficult to perceive what the lawmakers had in mind. Manifestly the statute refers to precisely such an action as this, otherwise the language is meaningless. We are not concerned here with the wisdom or necessity of the provision. Congress was con- ferring a special privilege upon authors and could limit that privilege in any manner it saw fit. In order to secure a valid copyright or a valid patent, it is necessary to comply with every requirement of the law, and a discussion of the wisdom or unwisdom of such requirements is wholly irrelevant. If a change in the law be needed, recourse should be had to the legislative and not to the judicial branch of the Govern- ment. It is unnecessary to consider the status of the complainant’s alleged copyright for other purposes than those involved in this action. The question here is, Can an equity suit for an injunction and an accounting be maintained thereon? It is contended that as soon as the copyright was secured and before the copies were mailed, as required by law, the complainant acquired a right which was entitled to the protection of a court of equity. Such a construction wholly ignores the provision for mailing. It may never be complied with, and still, if the complainant’s contention be cor- rect, an equity suit may be commenced, an injunction issued, and an accounting had. How can a court of equity protect an inchoate or Register of Copyrights 213 incomplete right by a suit which the law says can not be maintained? We are unable to assent to the proposition that this is not an action for infringement of a copyright, but rather, as complainant contends; ‘‘a suit in equity by a party aggrieved for an injunction to prevent and restrain the violation of the complainant’s copyright secured by the copyright law.’’ But this statement of the action is merely a change in nomenclature. There can be no doubt as to the character of the action. As before stated, not one of the criteria which determine an action for infringement is omitted. A distinction is also sought to be drawn between ‘‘maintained’’ and “begun’’; the contencion being that a suit may be begun before the copies are deposited in the mail. In other words, an action may be commenced which can not be maintained. Not only so, but an injunc- tion may issue restraining the defendant from publishing alleged infring- ing matter, in an action which can not be maintained. We are unable to assent to this construction. That the prohibition against maintain- ing a suit includes the commencement thereof was decided in Neu- chatel Co. v. Mayor, 155 N. Y., 373, 49 N. E., 1043; Thompson v. Hub- bard, 131 U. S., 123, 150, 151, 9 Sup. Ct., 710, 33 L. Ed., 76; Mahar v. Harrington Park Villa Sites, 204 N. Y., 231, 97 N. E., 587, 38 L. R.A. (N. S.), 210; David Lupton’s Sons v. Auto Club of America, 225 U.5S., 489, 32 Sup. Ct., 711, 56 L. Ed., 1177. Even if it be assumed that such an action may be commenced, the moment it is examined it is found that it can not be maintained. That is, it can not be sustained, preserved, or kept in being, no injunction can be granted, no judgment for the plaintiff can be entered therein. No matter what meaning may be given to the word “ maintained’’ the statute clearly prohibits the complainant from procuring any relief in the action. The questions involved are carefully discussed by Judge Lacombe in New York Times v. Star Co. (C. C.), 195 Fed., rro, and we agree with what is there said as to the proper interpretation of section 36 of the act in connection with section 12. As these views result in the affrmance of the decree, we deem it unnecessary to discuss the other questions presented at the oral argu- ment and in the briefs. Decree affirmed with costs. [204 Federal Reporter, pp. 586-583.] G. Ricorpi & Co. v. MASON ET AL. (Cireuit Court, 5. D. New York. December 4, 1911.) -COPYRIGHTS—INFRINGEMENT. A booklet entitled ‘Opera Stories,’ by which the author sought to give a mere G. Ricordi & fragmentary and superficial idea of the plot and characters of various operas, each Co. v. Mason et scene being covered by a single paragraph and taken from descriptions other than 2+ the operas themselves, was not an infringement of the copyright on the librettos. In equity. Bill by G. Ricordi & Co. against Henry L. Mason and others. On motion for preliminary injunction. Denied. ‘See, also, 201 Fed., 184. 214 Report of the Librarian of Congress Nathan Burkan, of New York City, for complainant. Edwards, Sager & Wooster, of New York City, and Browne & Wood- worth, of Boston, Mass. (Alexander P. Browne, of Boston, Mass., of counsel), for defendant Mason. Cox, circuit judge. The complainant, as the owner of copyrights in the operas ‘‘Germania’’ and “‘Jris,’’ seeks to restrain the defendants from publishing a book called ‘‘Opera Stories’’ which, it asserts, is an infringement of its copyrights. “Germania’’ covers 46 printed pages and is divided into three acts. The “‘story’’ of this opera as printed by the defendants covers a little more than half a page, each act being described in a paragraph contain- ing about roo words. The entire situation will be made plain by repro- ducing the defendants’ statement of the first act: Act 1—Prologue Scene, a mill near Nuremburg. Students, disguised as millers, are plotting and writing pamphlets. The police arrive; but their coming has been heard of so that when they enter wheels are turning and all are busy. Still they make some arrests, among others Carlo Worms. Frederico Loewe, his intimate friend, is gone to the wars and has entrusted to him the care of his affanced Ricke. Worms, forgetful of duty and friendship, falls passionately in love with Ricke, who succumbs to his over- tures. She upbraids him, however, and Frederico shortly returns. “Tris’’? need not be discussed, as the legal questions presented are identical in each opera. It will be observed that the quotation above given is neither an opera nor, strictly speaking, the story of an opera. The reader gets a vague, fragmentary, and superficial idea of the plot and of the characters. One reading it might acquire sufficient information to enable him to decide whether or not he wishes to attend the opera. If he were attracted by so commonplace a plot as that disclosed in the first act he would proba- bly attend, otherwise he would remain at home. I am unable to per- ceive how such an indeterminate statement infringes the copyright of the opera. It does not use the author’s language, it does not appro- priate his ideas, and it does not reproduce his characters. Indeed, it appears from the defendants’ affidavits that the author of the “‘story’’ did not prepare it from the copyrighted opera but from a description thereof found in a newspaper. It gives just enough information to put the reader upon inquiry, precisely as the syllabus of a law report, the review of a book, or the description of a painting induces the reader to examine further. It is generally supposed that the proprietors of operas are interested in having them made popular by widespread advertising; but if the doctrine contended for by the complainant is followed to its legal conclusion, the newspaper reporter and the literary and musical critic can not make their observations public without subjecting the pub- lishers of newspapers and periodicals to suits for infringement. If such ‘‘stories’’ as are involved in this action are prohibited, it will be exceedingly difficult to draw the line of demarcation between legitimate and illegitimate criticism. It is easy to imagine instances where the complainant’s contention will make unlawful the published Register of Copyrights 215 statement of the plot of a drama, the theme of a novel, or the review of a history. It might even lead to the ludicrous result of condemning as an infringer the writer who publishes a laudatory notice of a picture or a poem. The historian who describes the charge of the cuirassiers at Friedland will hardly expect to be sued by the owner of the copy- right covering Meissonier’s great painting, ‘1807.’’ The editor who reports the departure of ‘‘the captains and the kings’’ and the disper- sion of the navy after a jubilee celebration will probably be astonished if accused of infringing ‘‘ The Recessional.’’ It is said that the same rule should be applied to a copyright as to a patent for a machine. If this proposition be granted, it does not aid the complainant. No one, for instance, infringes a claim for a machine unless he uses a similar machine operating in substantially the same manner and producing a like result by the same or equivalent means. A model of a machine incapable of producing any practical results does not infringe any more than the brief synopsis of an opera infringes the author’s copyright. In the one case the property protected is the right to make, use, and vend the machine, in the other it is the right to publish, reproduce in other forms, and sell the opera. Neither the model of the machine nor the synopsis of the opera interferes with any of these rights. If this case involved an abridgment as that word is ordinarily under- stood, I should be inclined to take a different view of this motion. The defendant’s “‘story,’’ however, is not such an abridgment. The abridgments which have been condemned by the courts involve col- orable shortening of the original text, where immaterial incidents are omitted and voluminous dissertations are cut down, but where the characters, the plot, the language, and the ideas of the author are pirated. In the case at bar none of these wrongs has been committed. On the contrary, the advertising which the opera has received by thus calling the attention of the public to it can not fail to have a beneficial effect upon the ‘‘ market ”’ of the owner of the copyright. I have been unable to find an authority which goes to the extent contended for by the complainant. The most favorable view for the complainant is that the question is involved in doubt and in such a case a preliminary injunction should not issue. The motion is denied. [zor Federal Reporter, pp. 182-184.) 19293—13——6 216 Report of the Librarian of Congress G. RICORDI & CO. 7. MASON (District Court, S..D. New York. October 31, 1912.) G. Ricordi & Copyricuts—INFRINGEMENT—OpERAS—“ MAKE ANY OTHER VERSION THEREOF.” €o. v. Mason Copyright act March 4, r909, ¢. 320, sec. i, 35 Stat., ro75 (U.S. Comp. St. Supp. IgII, P. 1472), gives to the owner of a copyright the exclusive right to translate the copyrighted work into other languages or dialects, or to make any other version thereof, if it bea literary work, etc. HELD, that the words “make any other version thereof’’ were not to be strictly construed, so as to include mere abridgments or versions of copyrighted plays and operas, and hence a booklet, giving a mere frag- mentary description of the various scenes of operas and entitled ‘Opera Stories,” not taken from the librettos, was not an infringement of the copyrights on the librettos, In equity. Suit by G. Ricordi & Co. against Henry L. Mason. Bill dismissed. Nathan Burkan, of New York.City, for complainant. George F. Lewis, of New York City (Alexander P. Browne, of counsel), for defendant. HazeE., district judge. This is an action to enjoin the defendant from publishing and selling nondramatic versions of the copyrighted operas ““Germania’’ and “‘Iris,’’ owned by the complainant, and to recover damages and obtain an accounting of the profits realized by the defendant from the sale of said versions in a publication entitled “Opera Stories.”” There is no dispute of fact, and the question in- volved is solely one of statutory construction. A motion heretofore made by complainant for a preliminary in- junction was denied by Judge Coxe, who assigned his reasons therefor in an interesting opinion, which is published in 201 Fed., 182, which counsel have submitted to me. My own views, as intimated on the trial, that the versions of the operas contained in the defendant’s pub- lication are not an infringement of complainant’s copyrighted librettos or their English translations, are clearly confirmed by Judge Coxe’s decision. Although section 1 of the copyright act, which went into effect July 1, 1909 (act Mar. 4, 1909, c. 320, 35 Stat., 1075 [U. S. Comp. St. Supp. 1911, p. 1472]), in broad terms gives complainant the exclu- sive right “to translate the copyrighted work into other languages or dialects, or make any other version thereof,’’ etc., still the summing up of a libretto by merely outlining the plot or theme, detailing the incidents in such a way as to give in the fewest words possible the so-called story, as was done by the defendant with the operas ‘‘Ger- mania’’ and ‘‘Iris,’’ does not constitute the making of such a version thereof as was in the contemplation of Congress when the copyright statute was enacted. A literal definition of the words ‘make any other version thereof’’ would not only include the defendant’s publication but also the news- paper publication, after performance, of any reviews or criticisms, even when written by reporters invited by the owner of the play to witness the production. The publication of abridgments or versions of the play or opera having been permitted to the newspapers, it makes no difference that another, without dialogue or stage directions, em- bodies pract ically the same information in a salable booklet. ‘Indeed, Register of Copyrights 217 the proofs show that the information as to the theme or plot of the operas in question was not taken by defendant from complainant’s copyrighted librettos, but that the version of ‘‘Germania’’ was de- rived from a newspaper and that of ‘“‘Iris’’ from a German publica- tion. Of course, if the defendant’s stories consisted of mere modifica- tions of the copyrighted works, or abridgments thereof, reproducing portions of the dialogue, words, or phrases, the scenes, and characters, a different question would be presented. As the proofs stand, however, I am convinced, as was Judge Coxe on the motion for preliminary injunction, that the defendant’s ‘‘ Opera Stories’’ is not an invasion of the copyrights secured to the complainant by statute or an interference therewith. A decree may be entered dismissing the bill, with costs. {20x Federal Reporter, pp. 184-185.] Addendum III DIGEST OF THE OPINIONS OF THE ATTORNEYS GENERAL AND OF THE TREASURY DECISIONS CONCERNING COPYRIGHT, Ere. Abandonment. Upon formal declaration that a claimant abandons his claim, books containing a copyright notice obliterated or accom- panied with a statement of abandonment printed on the same page with the copyright notice may be imported although not manufac- tured in accordance with section 15. (Case of ‘Oxford Cyclopaedic Concordance.’’) [z9 ‘‘Treasury Decisions, 1910,”’ p. 3; ‘Rept. Register of Copyrights, rgo9g-1910,’’ p. 62.] Ad interim copyright. American manufacture. By the ad interim act of 1904 (St. Louis Exposition), the requirement of American manu- facture was, by necessary implication, suspended for the period of the two years’ copyright term granted by that act. [7 “Treasury Decisions, 1904,”’ p. 407; ‘Copyright Office Bulletin 3,’’ p. 142.] Ad interim copyright. Deposit. After an ad interim deposit has been made, it is not sufficient to deposit a mere fragment of the book made in the United States. [28 “Opinions Atty. Gen.,"’ p. 176; “Rept. Regis- ter of Copyrights, 1909-1910,” p. 52.] ; “‘Aiglon, L’,”’ par Rostand. Importation of foreign books in a for- eign language prohibited where the same book in the original language has also been manufactured in the United States. [23 ‘“‘Opinions Atty. Gen.,’’ p. 353; 4 ‘Treasury Decisions, 1go1,’’ p. 93; ‘‘Copyright Office Bulletin 3,”’ p. 133.] Assignee. An assignee of an original copyright claimant is not auth- orized to register a renewal or extension under section 24 of the act of March 4, 1909. [28 ‘“‘Opinions Atty. Gen.,’’ p. 162; ‘“Rept. Register of Copyrights, 1909-1910,” p. 46.] “ Ben Hur.’ Prohibition of foreign-made copies of copyrighted books does not apply to copies imported by travelers for their personal use. [21 ‘‘Opinions Atty. Gen.,”’ p. 159; ‘Treasury Decisions, 1895,’ pp. 125, 446, 495; ‘‘Copyright Office Bulletin 3,’’ pp. 121-123.] Binding. Importation allowed. Books bound in the United States and rebound abroad are not prohibited from importation. [28 “ Opin- ions Atty. Gen.,’’ p. 209; “Treasury Decisions, 1g10,’’ p. 4; “Rept. Register of Copyrights, 1g09-1910,”’ p. 55.] Binding. Importation prohibited. Where books were duly printed in the United States, but the loose sheets sent abroad and there bound, importation prohibited under law of March 4, 1909. [28 ‘‘Opinions 219 220 Report of the Librarian of Congress Atty. Gen.,’’ p. 90; “Rept. Register of Copyrights, 1909-1910,’ p. 34.] Book. Includes music. Where the context of a section in a statute (sec. 4956, U. S. Rev. Stat.) showed that the words “book, lithograph, etc.,’’ were used with regard to the mechanical processes by which a work is produced, the term ‘‘book”’ may include a musical composition in the physical form of a book. [22 “Opinions Atty. Gen.,’’ p. 29; “Copyright Office Bulletin 3,” p. 126.] : Book. Means a complete work. The term ‘‘book,’’ as used in sections 5, 21, 22, and elsewhere in the copyright act, means a complete book and not a mere portion of a volume, such as a preface or a single chap- ter. [28 ‘Opinions Atty. Gen.,”’ p. 176; “ Rept. Register of Copyrights, Ig0g-Ig10,”’ p. 52.] Book. Treated as an entirety. A book must be treated as an entirety, and if a part of a book is obnoxious to a provision of the copyright law the whole is. [22 “Opinions Atty. Gen.,’”’ p. 29; ‘Copyright Office Bulletin 3,’’ p. 127.] Chromos. Where a painting is copyrighted, but a reproduction such as a chromo or lithograph is not separately copyrighted, such reproduc- tion may be imported although not manufactured in the United States. [21 “Opinions Atty. Gen.,’’ p. 416; ‘Treasury Decisions, 1896,”’ p. 773; “Copyright Office Bulletin 3,’’ pp. 124-126.] Deposits. Deposit of merely a part of a work is not sufficient compli- ance with the statute to authorize registration. [28 ‘‘Opinions Atty. Gen.,’’ p. 176; “Rept. Register of Copyrights, 1909-1910,”’ p. 52.] Importation: Book in foreign language. Foreign-made copies of a book in a foreign language, copyrighted in the United States, are not entitled to importation under act of March 3, 1891. (Case of Rostand’s “‘L’Aig- lon.’’) [23 “Opinions Atty. Gen.,’”’ p. 353; ‘‘ Treasury Decisions, rgor,’’ p. 93; “Copyright Office Bulletin 3,” p. 133.] Importation: Books from American plates. Books printed abroad, but from plates made in the United States, are not prohibited from impor- tation under section 3, act of 1891. [1 “‘Treasury Decisions, 1899,’ p. 912; ‘Copyright Office Bulletin 3,’ p. 132.] Importation: Books from American plates. Under the Act of March 3, 1891, books containing a copyright notice, if printed abroad, were enti- tled to entry, provided the type was set or the plates were made in the United States. [6 ‘Treasury Decisions, 1903,’’ p. 888; “Copyright Office Bulletin 3,’’ p. 141.] Importation: Chromo or lithograph. Where a painting is copyrighted, but a reproduction, such as a chromo or lithograph, is not separately copyrighted, such reproduction may be imported, although not manu- factured in the United States. (Act of 1891.) [21 “Opinions Atty. Gen.,’’ p. 416; ‘Treasury Decisions, 1896,”’ p. 773; ‘Copyright Office Bulletin 3,”’ pp. 124-126.] Importation: Copyright abandoned. Books, copyright in which has been formally abandoned, are entitled to importation although not made in accordance with manufacturing clause. [x9 ‘‘Treasury Decisions, 1910,’ p. 3; ‘Rept. Register of Copyrights, 1909-1910,”’ p. 62.] Register of Copyrights 221 Importation: Copyright prior to act of r89r. Books printed abroad may be imported, under act of March 3, 1891, although copyright is claimed in the United States, where such copyright was obtained prior to the act and the book had been originally manufactured in this country. (Case of ‘‘Liddell and Scott’s Greek-English Lexicon,’’ modifying “L’Aiglon’’ case.) [23 ‘‘Opinions Atty. Gen.,” p. 371; “Treasury Decisions, 1901,’’ p. 139; ‘Copyright Office Bulletin 3,’’ p. 138.] Importation: Foreign-made copies. Provisions in the tariff act of 1897, permitting free importation of certain articles, does not repeal or amend provisions of copyright act relating to nonimportation of foreign-made copies of copyrighted works. [23 ‘‘Opinions Atty. Gen.,” p. 445; 4 ‘Treasury Decisions, rgo1,"’ p. 697; ‘Copyright Office Bulletin 3,” p. 116.] Importation: Music. The clause against lithographs made abroad being imported when the work is copyrighted in the United States does not prohibit musical compositions. (Citing “Littleton v. Oliver Ditson Co.,’”’ 62 Fed. Rep., 597.) [z ‘‘Treasury Decisions, 1899,’ p. 792; “Copyright Office Bulletin 3,”’ p. 131.] Importation: Music. Prohibited music can not be made importable by being attached to an article not prohibited. [22 ‘‘Opinions Atty. Gen.,”’ p. 29; “Copyright Office Bulletin 3,’’ p. 127.] Importation: Music. A statute prohibiting importation of books, lithographs, photographs, etc., reprinted in infringement of a United States copyright, prohibits importation of musical compositions if they have the physical form of books or are produced by one of the enumer- ated processes. [22 ‘‘Opinions Atty. Gen.,’’ p. 29; ‘Copyright Office Bulletin 3,’’ p. 126.] Importation: Nonimportation clause. The nonimportation clause of the act of 1891 referred to books copyrighted both before and after the passage of this act. [21 ‘‘Opinions Atty. Gen.,’’ p. 159; “‘ Treasury Decisions, 1895,’’ pp. 446, 495; ‘““Copyright Office Bulletin 3,’’ pp. 121-123.] Importation: Personal use copies. The permission to import two copies for personal use of the importer embraces even pirated editions. (Act of 1891.) [21 “Opinions Atty. Gen.,’’ p. 159; ‘‘Copyright Office Bulletin 3,’’ p. 123.] Importation: Personal use copies. Prohibition of foreign-made copies of copyrighted books does not apply to two copies brought in by trav- elers for personal use. (Case of “Ben Hur.’’) [‘‘Treasury Decisions, 1895,’ p. 125; ‘‘Copyright Office Bulletin 3,” p. 121.] Importation: Piratical copies. Under the provision of section 31, act of March 4, 1909, all piratical copies, whether a work is copyrighted under the present or former acts, are prohibited from importation. Similarly also, all books not manufactured in accordance with manu- facturing clause. (Case of “Key to Heaven.’’) [28 “Opinions Atty. Gen.,’’ p. 90; 18 “‘ Treasury Decisions, 1909,’’ p. 6; ‘Rept. Register of Copyrights, 1909-1910,’’ p. 33.] Importations: St. Louis Exposition. Books and other articles, other- wise subject to the manufacturing clause, could be imported, notwith- 222 Report of the Librarian of Congress standing they were manufactured abroad, under the St. Louis Expo- sition ad interim act of 1904, for the ad interim term of two years. [7 ‘Treasury Decisions, 1904,’’ p. 407; ‘Copyright Office Bulletin 3,”’ p. 142.] Importation: Sheets or plates. Under the act of March 3, 1891, im- portation of sheets or plates, made abroad, of books copyrighted in the United States, is probibited even to the owner of the copyright. [2 “Treasury Decisions, 1898,’’ p. 995; ‘Copyright Office Bulletin 3,” p. 129.] Importation: Translations. Prohibition in section 3, act of March 3, 1891, does not include translatioris made abroad of a book copyrighted in the United States in its English form, but not copyrighted in the country where the translation was made. (Case of Sheldon’s “In His Steps.’’) [x ‘Treasury Decisions, 1899,’’ pp. 781, 798; “‘Copy- right Office Bulletin 3,’’ pp. 130, 132.] Importation: Translations. Translations of books copyrighted in the United States, into a foreign language, made abroad by a foreigner, are entitled to importation, being “books of foreign origin in a language other than English’’ within the meaning of the copyright statute. [‘‘ Publishers’ Weekly,’’ v. 78, p. 407; ‘‘Rept. Register of Copyrights, 1909-1910,"’ p. 63.] . Importation: Unauthorized editions. While under the ‘‘personal use’’ exception, even ‘‘unauthorized editions’’ are included, the gen- eral importation of such editions for sale is prohibited. [‘‘ Treasury Decisions, 1895,’ p. 66; “Copyright Office Bulletin 3,’’ p. 124.] Importation: Unlawful imports destroyed. Copyrightable articles unlawfully imported may be summarily destroyed without judicial proceedings. (Citing for “due process of law:’’ McMillan v. Ander- son, 95 U. S., 37, 41; Lawton v. Stelle, 152 U. S., 133, 141.) [22 “Opinions Atty. Gen.,’’ pp. 29, 70; ‘“‘Copyright Office Bulletin 3,” pp. 127-129.] “In His Steps,’”’ by Sheldon. Unauthorized, but not piratical, translations may he imported. (See case of Sylvanus Stall.) [r “Treasury Decisions, 1899,"’ pp. 781, 798; “Copyright Office Bulletin 3)” PP. 130, 132-] “Key to Heaven.’’ Books not manufactured in accordance with section 15 of act of March 4, 1909, are prohibited from importation re- gardless of the law under which the copyright in them was obtained. [28 ‘Opinions Atty. Gen.,’’ p. go; ‘‘Treasury Decisions, 1909,”’ p. 6; “Rept. Register of Copyrights, rg0g-1910,’’ p. 33.] “Liddell and Scott’s Greek-English Lexicon.’’ The manufacturing clause has no retroactive effect on works printed before it was enacted. [23 ‘‘Opinions Atty. Gen.,’’ p. 371; ‘Treasury Decisions, 1901,’2 p. 139; “Copyright Office Bulletin 3,"’ p. 137.] Lithographs: Foreign. Lithographs made abroad may be registered, provided the original paintings from which they were made are ‘‘ works of art.’’ [28 “Opinions Atty. Gen.,”’ p. 150; ‘‘Rept. Register of Copy- rights, 1909-1910,”’ p. 41.] Register of Copyrights 223 Lithographs: Music. A book of musical compositions is not included within the clause of the act of 1891, prohibiting importation of litho- graphs of works copyrighted in the United States, if made abroad. It. is not a lithograph within the meaning of the act, although produced by lithographic process. (Citing Littleton 7. Oliver Ditson Co., 62 Fed. Rep., 597.) [1 ‘‘Treasury Decisions, 1899,”’ p. 792; ‘‘Copyright Office Bulletin 3,’’ p. 131.] Lithographs: Reproductions. Where a painting is copyrighted, but a reproduction such as a chromo or lithograph is not separately copy- righted, such reproduction may be imported although not manufac- tured in the United States. (Actof1891.) [21 ‘Opinions Atty. Gen.,’”’ p. 416; “Treasury Decisions, 1896,”’ p. 773; ‘‘Copyright Office Bulle- tin 3,’ pp. 124-126.] Manufacturing clause: Chromos. Where a painting is copyrighted, but a chromo or other reproduction made therefrom is not separately copyrighted, the reproduction is not prohibited from importation al- though not manufactured within the United States. (Act of 1891.) [21 “Opinions Atty. Gen.,”’ p. 416; ‘Treasury Decisions, 1896,” p. 773; “Copyright Office Bulletin 3,’’ pp. 124-126.] Manufacturing clause: Importation allowed. Under section 3, act of March 3, 1891, books may be imported, although printed abroad, if the type was set in the United States. [1 ‘‘ Treasury Decisions, 1899,”’ p. g12; “Copyright Office Bulletin 3,’’ p. 132.] Manufacturing clause: Importation allowed. Where copyright has been expressly abandoned, books may be imported, although not made in accordance with section 15. [19 ‘‘Treasury Decisions, 1910,”’ p. 3; “Rept. Register of Copyrights, 1909-1910,’’ p. 62.] Manufacturing clause: Importation prohibited. The protection of American printers is a conjoint purpose of the copyright law, as well as the protection of authors. Importation of foreign copies of a book in a foreign language, copyrighted in the United States, copies of which have been manufactured in the United States, is prohibited. (Case of Ros- tand’s ‘‘L’Aiglon.”’) [23 ‘‘Opinions Atty. Gen.,”’ p. 353; ‘‘ Treasury Decisions, rgo1,’’ p. 93; ‘Copyright Office Bulletin 3,’’ p. 133.] Manufacturing clause: Importation prohibited. Under the act of 1891, importation of sheets and plates of books, copyrighted in the United States, if made abroad, is prohibited even to the owner of the copy- right. [2 ‘Treasury Decisions, 1898,’’ p. 995; ‘‘Copyright Office Bul- letin 3,”’ p. 129.] Manufacturing clause: Methods. Section 15 does not prescribe a par- ticular way in which a book must be manufactured, but if it is manufac- tured by the methods mentioned in such section, such work must be done in the United States. [28 “Opinions Atty. Gen.,’’ p. 265; ‘Rept. Register of Copyrights, 1909-1910,”’ p. 59.] Manufacturing clause: Part of the work. It is not sufficient with the statute, to secure registration, if only a part of the work is manufactured in the United States. [28 ‘Opinions Atty. Gen.,’’p. 176; ‘Rept. Register of Copyrights, 1909-1910,’’ p. §2.] 224 Report of the Librarian of Congress Manufacturing clause: Philippine Islands. Manufacture in the Phil- ippine Islands not sufficient to give copyright. [25 ‘‘Opinions Atty. Gen.,’’ p. 25; ‘Copyright Office Bulletin 3,’’ p. 114.] Manufacturing clause: Prohibition of importation. Books not pro- duced in accordance with the manufacturing provisions of section 15 of the act of March 4, 1909, are prohibited from importation regardless of law under which the copyright in them was obtained. (Case of “Key to Heaven.’’) [28 ‘Opinions Atty. Gen.,’’ p. 90; 18 ‘‘ Treasury Decisions, 1909,’’ p. 6; ‘‘Rept. Register of Copyrights, 1909-1910,”’ P- 33-] Manufacturing clause: Requirements. Under section 3, act of March 3, 1891, it was sufficient if the type was set or the plates were made in the United States, although the printing was-done abroad. (Case of Schuberth & Co.) [6 “Treasury Decisions, 1903,’’ p. 888; ‘‘Copyright Office Bulletin 3,’’ p. 141.] Manufacturing clause: Retroactive effect. Additional requirements, such as American manufacture, have no retroactive effect on copy- rights obtained before they were enacted. (Case of ‘‘Liddell and Scott’s Greek-English Lexicon.’’) [23 ‘Opinions Atty. Gen.,’’ p. 371; 1 “Treasury Decisions, rgor,’’ p. 139; ‘Copyright Office Bulletin 3,’’ p. 137-] : Manufacturing clause: Suspended. By the ad interim act of 1909 (St. Louis Exposition), the requirement of American manufacture was, by necessary. implication, suspended for the period of the two years’ copyright term granted by that act. [7 ‘‘Treasury Decisions, 1904,’’ p. 407; ‘Copyright Office Bulletin 3,’’ p. 142.] Manufacturing clause: Translations. Translations of books copy- righted in the United States, if made abroad by foreigners, are books of foreign origin in a foreign language, within the meaning of section 1s. (Case of Sylvanus Stall.) Letter of Chief, Customs Division. [‘‘ Publishers’ Weekly,’’ v. 78, p. 407; ‘“Rept. Register of Copyrights, 1909-1910,”’ p- 63.] Music: Importation allowed. Musical compositions may be imported, under act of 1891, although the copies were printed by lithographic proc- ess abroad and the work is copyrighted in the United States. [1 “Treasury Decisions, 1899,’’ p. 792; “Copyright Office Bulletin 3,’’ - p. 131.] Music: Importation prohibited. Music books made up in part of matter copyrighted in the United States are prohibited importation under the act of March 3, 1891. [22 ‘‘Opinions Atty. Gen.,’’ p. 29; “Copyright Office Bulletin 3,’’ p. 126.] . New editions. Under section 4959, United States Revised Statutes as amended by act of March 3, 1891, a revised edition of a book already copyrighted may be registered, but such registration is not obligatory. (Case of ‘Liddell and Scott’s Greek-English Lexicon.’’) [23 ‘“Opin- ions Atty. Gen.,’’ p. 371; ‘‘ Treasury Decisions, 1901,’’ p. 139; ‘‘ Copy- right Office Bulletin 3,’’ p. 137.] Register of Copyrights 225 “Oxford Cyclopaedic Concordance.’’ Copyright was abandoned: by formal declaration, whereupon books originally printed with copyright notice, but made abroad, were admitted to this country. [19 ‘‘Treas- ury Decisions, 1910,’’ p. 3; “Rept. Register of Copyrights, 1909-1910,”’ p. 62.] Philippine Islands. Not part of the United States for copyright purposes. 1. Because, while still belonging to the United States internationally, yet they are not “within the limits of the United States.”” (See Const. U. S., 13th amendment. ‘Insular Cases,’’ 182 U. S. 1.) 2. Because Congress, in the organic act for the government of the Philippines, provided that section 1891 of the United States Revised Statutes, extending Constitution and applicable laws to organized territory, does not apply to the Philippines. [25 ‘‘Opinions Atty. Gen.,”’ p. 25; “Copyright Office Bulletin 3,”’ p. 114.] ; Prints and labels. The provision of the law of June 18, 1874, relative to registration of copyrights in labels and prints used in connection with articles of manufacture, still in force after enactment of act of March 4, 1909. [28 ‘‘Opinions Atty. Gen.,’’ p. 116; ‘‘Rept. Register of Copyrights, tg09-1910,’’ p. 37.] Proclamation: Conclusive evidence. The proclamation of the Presi- dent of the United States that reciprocity with some foreign country exists, is merely declaratory of the facts and does not itself create the condition on which citizens of such country may secure copyright in the United States, but it is conclusive evidence of the facts, and there- fore may be retroactive in its effect. [28 ‘Opinions Atty. Gen.,”’ p. 222; ‘Rept. Register of Copyrights, 1909-1910,’’ p. 56.] . Proclamation: Necessary. A proclamation by the President of the United States declaring reciprocity to exist is necessary before citi- zens of foreign countries can obtain copyright in the United States under the law of 1909. A proclamation previously issued under the old statute is not sufficient. [28 “Opinions Atty. Gen.,”’ p. 222; “Rept. Register of Copyrights, 1g09-1910,”’ p. 57.] Renewals. Renewals and extensions can be made only by persons specified in section 24, act of March 4, 1909, and not by assignees. [28 “Opinions Atty. Gen.,”’ p. 162; “Rept. Register of Copyrights, 1909- 1g10,’’ p. 46.] Stall, Sylvanus. Translations manufactured abroad of books copy- righted in the original may be imported as books of foreign origin in a foreign language. [‘‘ Publishers’ Weekly,”’ v. 78, p. 407; ‘Rept. Regis- ter of Copyrights, 1909~1910,’’ p. 63.] Translations: Importation. Translations into a foreign language of a book copyrighted in the United States are entitled to importation if the translator is a foreigner and did the work abroad, although the copies were not manufactured in accordance with section 15. Letter of Chief of Division of Customs. [“‘ Publishers’ Weekly,”’ v. 78, p. 407; “Rept. Register of Copyrights, 1909-1910,”’ p. 63.] , 226 Report of the Librarian of Congress Translations: Importation. Where a book is copyrighted in the United States, and unauthorized (but not piratical) translations are published abroad, such translations may be imported notwithstanding the prohibition in section 3, act of March 3, 1891. (Case of Sheldon’s “In His Steps.’’ See also, case of Sylvanus Stall.) [1 “Treasury De- cisions, 1899,’’ pp. 781, 798; “‘Copyright Office Bulletin 3,”’ pp. 130, 132.] = Typoscript. Typewritten books, if actually published, may be registered. [28 “Opinions Atty. Gen.,’’ p. 265; ‘‘Rept. Register of Copyrights, 1909-1910,”’ p. 59.] Addendum IV CopyRiGHT CONVENTION BETWEEN THE UNITED STATES AND HUNGARY ARTICLE 1 Authors who are citizens or subjects of one of the two countries or their assigns shall enjoy in the other country, for their literary, artistic, dramatic, musical and photographic works (whether unpublished or published in one of the two countries) the same rights which the respective laws do now or may hereafter grant to natives. The above provision includes the copyright control of mechanical musical reproductions. ARTICLE 2 The enjoyment and the exercise of the rights secured by the present convention are subject to the performance of the conditions and for- malities prescribed by the laws and regulations of the country where protection is claimed under the present convention; such enjoyment and such exercise are independent of the existence of protection in the country of origin of the work. ARTICLE 3 The term of copyright protection granted by the present convention shall be regulated by the law of the country where protection is claimed. ARTICLE 4 The present convention shall be ratified and the ratifications shall be exchanged at Washington as soon as possible. ARTICLE 5 The present convention shall be put in force one month after the exchange of ratifications, and shall remain in force until the termina- tion of a year from the day on which it may have been denounced. In faith whereof the plenipotentiaries have signed the present con- vention in two copies, each in the English and Hungarian languages, and have affixed thereto their seals. Done at Budapest, the 3oth day of January, 1912. RicuarD C. KERENS. [SEAL.] EsTERHAZY PAL. [SEAL] TORY GusrTAv. [SHAL.] {Ratification advised by the Senate of the United States on July 23, 1912; ratifi- tions exchanged September 16, 1912 ; proclaimed, October 15, 1912; in force, October 16, 1912.) 227 Convention be- tween United States and Hun. gary, 1912 INDEX. Acts of Congress relating to copyright: Page. Aug. 24, 1912,re motion pictures. ...............4+4+ 743) 146, 167 Mar. 2, 1913, re certificate of registration............ 143, 147, 169 Aeolian Co. v. Royal Music Roll Co .......-... 0.0 e eee eee ees 171 Appropriations for salaries, Copyright Office.............+.5--5 139 Artistic designs, copyright for.. 6.0.0.0... 6. e eee eee eee eee 148 / Artistic works. (See Works of art.) Assignments: Fees for recording............ 5c cece eee een ete n ee 144 Number recorded or copied. . dose eesstonnrnuatednatecees TES Atlas Manufacturing Co. v. Street & Site. sya ouesinne LS. Attorneys General, opinions concerning copyrieht, sateaieany TST219 Baker vy Libbie et aleinccccicesiennes 654 sewn nie ip abstain Sosae 181 Beifeld v. Dodge Pub. Co. 2.0.0.0... cee cee nee eens 188 Bills, copyright: H. R. 23568, Hon. Martin A. Morrison: Passed the House of Representatives July 15, 1912...... 147 S. Report No. 1187.00.00. eee eee tenets 147 Passed the Senate Feb. 28, 1913.......-.0.e cece cece eee 147 Text of act approved Mar. 2, 1913......... 00:0 seen eens 169 H. R. 24224, Hon. Edward W. Townsend: Passed the House of Representatives June 17, 1912... 146 §. Report No: 906.4 55 vevnsecuwrs sedaeaes dee eeweeees 146 Passed the Senate Aug. 19, 1912...........00-cee eens 146 Text of act approved Aug. 24, 1912..........-.. eee eee 167 H. R. 25629, July 8, 1912, Hon. John H. Stephens......... 147 H.R. 11, Apr. 7, 1913, Hon. John H. Stephens........... 147 H. R. 186, Apr. 7, 1913, Hon. Luther W. Mott............. 147 Books: Foreign, deposited for copyright. .............0. 2c eeeee eee 144 Not in Library of Congress, inquiries for................... 142 Returned to copyright claimants. ............2.0.0eeeeeee IAI Titles printed in Catalogue of Copyright Entries........... 142 Transferred to Library of Congress.............. 0. ce eee eee 14 Transferred to governmental librariesin DistrictofColumbia. 141 Bulletin and circulars issued. ........... 0.0 c cee cece eee eee 143 Bureau of Education, copyright books transferred to library of.. 141 Bureau of Mines, copyright books transferred to library of...... 14 Bureau of Standards, copyright books transferred to library of.. 141 Card indexes of copyright registrations Cases. (See Copyright suits.) Catalogue of Copyright Entries..................... 0s cee eee 142 Certificate of registration, act to amend sec. 55 relating to.. 143, 147, 169 Es AVG Avaya digs ite tiad domme aia 142 229 230 Index. Certified copies of record: Page. Fees for........ Ti NGL eB. at vo aac a: aac eel eee ecpeaigad ae 144 Niinber Mmad@ina vscc icc ccqcmrra eigen neseaeys Reais 145 Citcularsiisstied «scanned voce veadegoen dane seed be040e baa 143 Claimant of copyright, return of copyright deposits to.......... 141 Contributions to periodicals........... 0.0. ce ccs ceecseeee ees 142,143 Convention between United States and Hungary............. 143, 227 Copies of record. (See Certified copies of record.) Copyright bills introduced. (See Bills.) Copyright Entries, Catalogue of ..........0. 0.20. cece cece 142 Copyright Office, appropriations for salaries .................... 139 Copyright suits, decisions in. ..........0. 0.0.00. c eee cence ee 17 Correspondence of the Copyright Office..................00008 145 Court decisions involving copyright. ...............0ce cece eee 171 Crown Feature Film Co. v. Levy et al. .....00 000 e eee c cece 189 Dam v. Kirke LaShelle Co... 0... .. 0. ee ees Ig0, 194 Decisions of United States courts involving copyright ......... 17 Denmark, copyright protection for citizens of United States.... 150 Department of Agriculture, copyright books transferred to WD raryiOb 2 ceric hie Caahieinuele ny oAds BS eS RGR MAAEL Caen bmeesee 141 Department of Justice, copyright books transferred to library of. 141 Department of War, copyright books transferred to library of..... 141 Deposits, copyright: Elinnination of. c5:5¢ ck aewaineins one x « pee eaned evens 2s 140 Received prior to July 1, 1897............0 020s eee eee ee 146 Statistics— Current fiscal year. co.cc cskeaa ween eine a.ea weanaucane 140 Fiscal years 1897-1909, Exhibit G..................... 162 Fiscal years 1909-1913, Exhibit G, with totals for 1897- ch sss anganetanane cuaend ee Aah pieatshe a. crate 164 ValuciOfivt. once yigeule se wadatrnen chee a peaaa a Halnmne 140, 144 Designs, copyright for artistic. .......... 6. ccc eee eee eee 148 District of Columbia, copyright deposits transferred to govern- mental libraries ins yen ease Fe teen deteeens oc tec en exseaaeeeg es I4I Dodge Pub. Co. ats. Beifeld.....0. 0... ccc cece eee tenes 188 Drake et al. ats. Journal Pub. Co...........-. cece eee ee ee 203 Dramatic compositions: Deposits returned to copyright claimants.................. 142 Titles printed in Catalogue of Copyright Entries. . bins 143 Dramatico-musical compositions, act to add to ceetian: x of ACCOR 1900s hasta sacsk teas eRe dea eRe 147, 167 Drawings. (See Works of art.) Elimination of copyright deposits. .......... 666. c cece cece e eee 140 Engravings. (See Prints.) Entries. (See Registrations.) Expendituttess sec is ees ectgns reoeousa yer eeeeuns pee eee Cea 139 Index. 231 Fees: esi bea ue Page. FisGal: Year 1g 0d2 1959s. uece ceetigeton oa wewed s ReeMRR yo 139, 144 Exhibit A, Fees applied...............0000. ccc cee eee 15% Exhibit B, Fees paid into Treasury................... 152 Exhibit C, Record of applied fees.................... 153 Fiscal years 1897-1913, Exhibit E, Comparative statement DY ViCARS), & a5 decid ackssanin WA. danveuiie itn a Stats Aegedialeadolecannen ee ga 159 Fine arts. (See Works of art.) Foreign books deposited for copyright. ..................00055 I44 Governniental libraries in District of Columbia, copyright de- posits transferred to... 2.0.0.0... cee ee I41 Honduras ratifies Pan-American convention of 1910......... 2 151 Hungary, copyright convention with..................... oe Ry Eso Text of convention............. 600.0. e cece cee eee 227 Importation of baoks, etc., Treasury decisions concerning.... 151, 219 Index cards in Copyright Office..........0....0 000.002 142 Index to Catalogue of Copyright Entries....................... 142 Infringement by means of motion pictures, act August 24, SF) UD re shag ts cf sh fan es hides GidIRIANERE ean se paella LER tone 143, 146, 167 Inquiries in re works not found in Library of Congress......... 142 International copyright relations.................... 0.0 cc eens 150 Interpretation of new copyright law, judicial decisions......... 17 Interstate Commerce Comuission. copyright books transferred TOUTIDTAT © Gl sa. ietsteaniacesene weeds cep ctastont so acovenene Mir acne ens I4L Journal Pub. Co. v. Drake et al....... Hat Epos eee Ret ON 203 Judicial decisions isco due ac ree runes oe Maen RAY pe eeREe Tee ISI, 171 Kirke La Shelle Co. ats. Dam... 2.0.00... eee 190, 194 La Shelle Co. (See Kirke La Shelle Co.) ‘ Law, copyright, bills to amend. ...........0 0.0... cee eee 146 Leaflets, titles printed in Catalogue of Copyright Entries....... 143 Lectures, titles printed in Catalogue of Copyright Entries...... 143 Legislation: Certificate of copyright registration, act of Mar. 2, 1913. 143,147, 169 Copyright in artistic designs. ........0.....0 00.0 cece eee 148 Copyright in motion-pictures, act of Aug. 24, 1912... 143, 146, 167 Letters and parcels received and sent out...................... 145 Levy et al. ats. Crown Feature Film Co.................0..... 189 Libbie et al. ats. Baker... 0... eects 181 Libraries, governmental, in District of Columbia, transfer of copyright deposits to...............00.00 Cahely BA BEE’ 14 Library of Congress: Requests for copies of books........-..... 0.00. e cece eee 142 Transfer of accumulated copyright deposits to............. 14 Value of copyright deposits in ..................05-..... 140, 144 Lithographs. (See Works of art.) Lydiard-Peterson Co. v. Woodman..............0.0cee cece eee 207 Maps: Deposits forwarded to Map Division................ tartans I4r Titles printed in Catalogue of Copyright Entries............ 143 Mason ats. G. Ricordi & Co... 6... cece tee eee eee 213,216 19293137 232 Index. Mechanical reproduction of music: Presidential proclamations Page. ASSU EG 2. < 22,272 45 Ged amunleslaanlen cand ES 8 Lae aon B.A eg di untniont I50 Morrison (Hon. Martin A.) copyright bill .....:. 147 Motion picture filins returned to claimants 142 Motion pictures, act to amend law relating to................ 146, 167 Mott (Hon. Luther W.), copyright bill introduced by.......... 147 Musical compositions: Deposits returned to copyright claimants........... ...... 142 Deposits transferred to Music Division.................... 141 Fees for notice of user recorded................. Lon aac 144 Mechanical reproduction of .............0..-+000 ivesues’s 150 Titles printed in Catalogue of Copyright Entries. ..../.. 143 (See also Mechanical reproduction of music.) Naval Observatory, copyright books transferred to library of.... 14 Navy Department, copyright books transferred to library of..... I4I New York Times Co. v. Sun Ptg. & Pub. Ass’n........00..00.. 211 Notice of user recorded, fees for... .........00 00002 e eee eee 144 Paintings. (See Works of art.) . Pamphlets, titles printed in Catalogue of Copyright Entries.... 143 Pan American Copyright Convention.....................00005 150 Panama ratifies Pan American convention of HE sistasee, CESE PALENLS fOr CESIGNS oc oe aibihe wera sien d LAER SAA eek dy 148 Periodical contributions: Returned to copyright claimants. ..............00.-. 0000 142 Titles printed in Catalogue.of Copyright Entries.......... 143 Periodicals: ~ Returned to copyright claimants................-...0004. 142 Titles printed in Catalogue of Copyright Entries.......... 143 Transferred to Library of Congress. ................0.005 I4I Photographs: Registrations without certificate— FeGSH1Ofis stad Hokenods Ranta see aeadeaneenedeees 144 Numi bét:GP sec smade-s Carden eae ha bead 140 Returned to copyright claimants.................0......... 142 Transferred to Library of Congress............0.. 0.000000 eee 141 Photoplays, act relating to... 2.0... eee 146, 167 Prints: Returned to copyright claiinants..........002.0............ 142 (See also Works of art.) Proclamations, presidential, relating to copyright: Hungary, Octs15; 1912.05 s2 eee seasuas aber ee yeeros eae 227 (note). Tunis; Oct. 4) 1912.22 e224 as te awteon vent astadumusanats 143, 150 Under sec. 1 (e) act Of 1909... 6... ieee cece eee eens 150 Public library of the District of Columbia, copyright deposits CPATISIETRER Os cece. ce anne agaiwaunneer D4 tae a Pas Gihtito Len glee wees era I41 RECEIPES: cam dria nigeicoana Sune Mbateeteouns Moe seers see 139, 144 Fiscal years 1897-1913, Exhibit E........... 00.00. e cee cee 157 Fiscal year 1912-1913, Exhibit A.. ae Shah Aaa ELST Exhibit D, Comparative spell statement... sani tbs Mah oi 154 Refunds Index. 233 Registrations: Page. Fiscal year 1912-1913... 00... cece ccc e cence eaeees 140, 145 Fiscal years 1897-1913, Exhibit E......................... 158 Exhibit F, Comparative statement by years........... 160 INGOX Of 4 3 vsige 62 tee a BiB GS jist LL Sica od Ned h Mace iraastaaen Sh 142 Renewals: Fees for registration of... 0000... n eee eee 144 Nit be Pf COLME Ase: ces peated s Honma eunteeg cpp meena’ ay 140, 145 Reports on copyright bills: S. Report No. go06 (to accompany bill H. R. 24224)........ 146 S. Report No. 1187 (to accompany bill H. R. 23568)....... 147 Requests for copies not found in Library of Congress............ 142 Ricordi (G.) & Co. v. Mason. 0.0... 0c eee eee eee 213, 216 Royal Music Roll Co. ats. Aeolian Cow... .. eee eee ee 171 Salaries, appropriations for....... 000... cece cece eee eee es 139 Sculpture. (See Works of art.) Searchés; feesifor: sean dives eee eaa eobere Gives esses eeeeeda ss 144 Stephens (Hon. Jonn H.), copyright bill introduced by......... 147 Street & Smith ats. Atlas Mfg. Co... 2. ieee eee 173 Subscription price, Catalogue of Copyright Entries............. 143 Suits, copyright, decisions in .......... 0... eee eee ee eee I7L Summary of copyright business... 2.0.0.0... 00.0. e eee eee eee 144 Sun Printing & Pub. Ass’n ats. New York Times Co.......... 211 Surgeon General’s Office, copyright books transferred to library Ob ati a thasstussfuise wane 5d Se Gee 1 seo eesleuivtuaas 9 abe gtk Boia dedb, dec wavauduseldl dubonwee 141 Townsend (Hon. Edward W.), copyright bill (H. R. 24224) in- troduced by, approved August 24, 1912............0.00-eee 146 Transfers of proprietorship, fees for indexing................... 144 Treasury decisions concerning copyright, etc................ I5I, 219 Vest funds: sce cay mya ied@as va a'g ceea peeve daa mee ORE iy o4 139, 144 Tunis, copyright proclamation in respect to subjects of...... 143, 150 Unfinished business. .........0 00... c ccc ene cee eee eee eee 139,144 War Department, copyright books transferred to library of...... 141 Weather Bureau, copyright books transferred to library of...... I4l Woodman ats. Lydiard-Peterson Co.......... 0... cece eee eee 207 Works of art: Articles deposited, Exhibits F and G................... 161-164 Deposits transferred to Library of Congress................ 141 Titles printed in Catalogue of Copyright Entries............ 143 O LIBRARY OF CONGRESS _.. we COPYRIGHT OFFICE oe s Fj Pe Oy aoe) Register of Copyrights FOR THE Fiscal Year 1913-1914 WOT CATAL OD ED [Reprinted from the Report of the Librarian of Congress} Ue WASHINGTON GOVERNMENT PRINTING OFFICE 1915 PUBLICATIONS OF THE COPYRIGHT OFFICE The following 5 bulletins and circulars which have been issued by the Copyright Office may be had free on request to the REGISTER OF Copyriguts, Lisrary or Concress, WasuHincton, D. C.: BuuLuetin No. 14. The Copyright Law of the United States of America, being the Act of March 4, 1909 (in force July 1, 1909), as amended by the Acts of August 24, 1912, March 2, 1913, and March 28, 1914, together with Rules for Practice and Procedure under Section 25, by the Supreme Court of the United States. 52 pp. 8°. 1914. Buu.etin No. 1 5. Rules and Regulations for the registration of claims to copyright. 29 pp. 8°. 1914. BULLETIN No. 16. Copyright in England. Act 1 and 2 Geo. 5. ch. 46. An Act to amend and consolidate the law relating to copyright, passed December 16, 1911. 54 pp. 8°. 1914. INFORMATION CIRCULAR No. 4. International Copyright Convention. Berne, 1886, and Amend- ments agreed to at Paris, 1896. Also, additional protocol to Berlin Convention, signed at Berne, March 20, 1914. I7 pp. 4°- INFORMATION CrrcULAR No. 4 A. International Copyright Convention. Revised text, Berlin, 1908. 12pp. 4°. {Continued on third page of cover.] | LIBRARY OF CONGRESS , COPYRIGHT OFFICE Report OF THE Register of Copyrights FOR THE Fiscal Year 1913-1914 [Reprinted from the Report of the Librarian of Congress] oh WASHINGTON GOVERNMENT PRINTING OFFICE 1915 PREFATORY NOTE The usual reprint from the Report of the Librarian of Congress of the Report of the Register of Copyrights for the fiscal year 1913-14 is submitted herewith. The judicial decisions construing the copyright Act of March 4, 1909, have heretofore been printed in the annual report of the Register of Copyrights, beginning with the report for 1910-1911. It seems desirable hereafter not to include these decisions in the annual report, but to print them separately. The decisions for 1913-14 have been printed as Copyright Office Bulletin No. 17. THORVALD SOLBERG Register of Copyrights HERBERT PUTNAM Librarian of Congress CONTENTS Page RECEIPES ies in dc acs 3 ree See See eT ere 147 Expenditutes... GO), |p aiscarseriecrcaceia visit 1,492, 767-00 Yearly fees 1850-16062 as ager aaenees ae aeees greenness TQOOHLQOT gs sicnicrespictns wepeigvesioracinratgueratyygs av warerenats IQOI-2... TQIOTIL. . ees nc cee ner e weer rene ree eeeennnee IQII-12.. TOTASHATG s iravtgans giareninswroevessneecbeaisdsl sesamiae Ree WOISATAN hee csalviraiauese learavetieociecs we eupiiarue bowuei $55,926. 50 58, 267.00 65, 206. 00 63, 687. 50 64, 687.00 68, 874. 50 72,629.00 78, 058.00 80, 198. 00 84, 685-00 82,387.50 83,816. 75 104, 644-95 109; 913-95 116, 685.05 114,980. 60 120, 219. 25 Increase Decrease 1,424, 866. 55 168 Report of the Librarian of Congress ExHipit E—Statement of gross cash receipts, business executed, number. of registrations, etc., for 17 fiscal years, etc.—Continued | COMPARATIVE STATEMENT OF GROSS RECEIPTS, YEARLY FEES, AND . NUMBER OF REGISTRATIONS—Continued Year Number of registrations Increase Decrease EQOOHLQOT 5 oii Sa cinenyaineass do aecoawine ok oe eendyt IgOI-2... 751545 80, 968 94,798 92,351 92,978 97:979 103,130 113,374 IZ7; 704 123,829 L119, 742 120, 131 109,074 TI5,198 120,931 119,495 123,154 1, 820, 381 Exuipit F—Table of registrations made during fiscal years Ig0I-2, I902-3, 1903-4, 1904-5, 1905-6, 1900-7, 1907-8, 1908-9, Igo0Q-Io, IQIO-II, IQII-12, 1912-13, and 1913-14, arranged by classes 1 1901-2 1902-3 1903-4 1904-5 Class A. Books: (a) Books (vols.) and pamphlets......... 8,399 To, 589 15,870 16,037 (6) Booklets, leaflets, circulars, cards. 9,174 7,827 3,361 31366 (c) Newspaper and magazine articles.... 6,699 8,050 8,593 10; 457, DOtal,.. v3 sgapinatad So genneud ass 24; 272 26, 466 27,824 29,860 Class B. Periodicals (numbers).............. 21,072 22,625 21,496 225592 Class C. Musical compositions............... 19, 706 21, 161 23) 1I0 24,595 Class D. Dramatic compositions............. I, 448 I, 608 1,571 1,645 Class E. Maps and charts..................05 21,708 1,792 1,767 1,832 Class F. Engravings, cuts, and prints........ 51999 5) 546 6, 510 II, 303 Class G. Chromos and lithographs........... 2,010 2, 232 2,384 2, 581 Class H. Photographs...............2...0005 13,923 13,519 14; 534 15) 139 Class I. Finearts: Paintings, drawings, and BCCI GUALG: csceaiok bs dadwens sadaae 2,841 3,030 3,934 3,829 Gratiditotallsic sa sc acted ev ny paces veins 92,978 97,979 | 103,130 113,374 Register of Copyrights 169 Exuipit F—Table of registrations made during fiscal years IQoI-2, 1902-3, 1903-4, 1904-5, I905-6, 1906-7, 1907-8, 1908-9, I909-I0, IQIO-IT, TOTI~I2, 1912-13, and 1913-14, arranged by classes—Continued 1905-6 1906-7 1907-8 1908-9 Class A. Books: (a) Books (vols.) and pamphlets......... 15,504 EO OS lcs cetcgesesiesesetall yasiseccess ios.orb (b) Booklets, leaflets, circulars, cards.... 4) 567 5,195 (c) Newspaper and magazine articles.... 9, 190 9)033 EGER cc xuscnxteedneerawkewcdAonckiawens 29,261 30, 879 30,191 32,533 Class B. Periodicals (numbers).............. 23, 163 23,078 22,409 21,195 Class C. Musical compositions............... 265 435 31) 401 28,427 26, 306 Class D. Dramatic compositions............. 1,879 2,114 2,382 2,937 Class E. Maps and charts..............-..... 1,672 £,578 2,150 1,949 Class F. Engravings, cuts, and prints........ 10,946 12,350 10, 863 II) 474 Class G. Chromos and lithographs . set 37471 2,733 2) 734 2,899 Class H. Photographs.................2.4.5- 17,269 15,836 16, 704 16, 764 Class I. Finearts: Paintings, drawings, and SCUPPEITE. cus ie ciecndwes oe deeneree ooo 37608 3 860 3, 882 4,074 Grand total ewes o3 seas oe sadetaw set 117,704 | 123,829 | 119,742 120,131 1909-10 | 1910-11 | 1911-12 | 1912-13 | 1913-14 Class A. Books (including pamphlets, leaf- lets, and contributions to period- icals): (a) Printed in the United States........ 23,115 | 24,840 | 26,540 | 26,784 | 28,591 (b) Printed abroad in a foreign language.| 1,351 | 1,707 | 2,294] 2,369 2,860 (c) English books registered for ad in- terim copyright.................05 274 423 452 419 440 AL OCA sic hsceityccyugss ed eadanevnld ab srakdtine 24,740 | 26,970 | 29,286 | 29,572 | 31,891 Class B. Periodicals (numbers).............. 21,608 | 23,393 | 22,580 | 23,002 | 24,134 Class C. Lectures, sermons, addresses....... 117 102 106 185 159 Class D. Dramatic or dramatico-musical ' compositions........ 3,911 | 3,415 | 3,767 | 3,700] 3,957 Class E. Musical compositions 24,345 | 25,525 | 26,777 | 26,292 | 28,493 Class F. Maps...........c000cceeeesceneeeeen 2,622 | 2,318 | 2,158 | 2,011 1,950 Class G. Works of art; models or designs....} 4,383 | 3,355 | 3,224 | 2,871 3,021 ‘Class H. Reproductions of works of art...... 951 222 47 13 3 Class I. Drawings or plastic works of a scien- a : tific or technical character........ 317 232 500 462 339 Class J. Photographs... 13,348 | 14,469 | 13,498 | 12,778 | 10,390 Class K. Prints and pictorial illustrations. ..| 11,925 | 14,269 | 17,639 | 16,591 | 15,438 Class L. Motion-picture photoplays.........)..ccseeefececeeee [eer ereee 892 2,039 Class M. Motion pictures not photoplays..., 61 109 Renewalsi.c ois cass ee erereeegs teewees eetaees 1,007 928 | 1,349 | 1,065 1,231 TLOtalisnersaees 2p asleep yrenauia tease |109,074 |115,198 |120,931 |119,495 | 123,154 170 Report of the Librarian of Congress Exurpir G—Table of articles deposited during 12 fiscal years, 1897-98, 1898-99, 1899-1900, I900-I90I, IQOI-2, 1902-3, 1903-4, 1904-5, 1905-6, 1906-7, 1907-8, 1908-9 } ‘ 1897-98 | 1898-99 n oon. 1901-2 x. Books: (a) Books proper. 5,575 | 51834 | 6,550] 7,746] 7,027 (b) Volumes, circulars, leaflets, etc....] 4,698 | 4,196 | 5,073 | 51770 6,259 (c) Newspaper and magazine articles..| 3,262 | 5,185 | 8,85x | 9,010 5577 z. Dramatic compositions. a 391 507 561 634 815 3- Periodicals (numbers)...........00.000005 13,726 | 9,777 | 14,147 | 17,702 | 19,573 4. Musical compositions...............000005 17,217 | 19,976 | 16,505 ; 16,709 | 21,295 5. Maps and charts............. 1,296] 1,478 | 1,353 | 1,718) 4£,566 6. Engravings, cuts, and prints 2,912 | 3,505 | 3,503 | 5,687 5,636 7. Chromos and lithographs................. 747 | 1,050 | 1,257 | 1,817 1,757 8. Photographs......... pila iceanenista as aaGINE 5,777 | 7,695 | 12,115 | 13,064 | 13,884 9a. Miscellaneous (unclassified articles)...... 375 TA! lesions lesions wa eleeenyencis 55,976 | 59,217 | 69,915 | 79,857 | 83,389 Two copies of each article were received. .|111,952 |118, 434 |139,830 |159, 714 | 166,778 9. Photographs with titles of works of art for identification, one copy each........ 853 | 3,709 | 1,614 | 2,569 2,948 Gratid-total ex cacccoeseicae ve sea teenie 112,805 {120,143 {141,444 |162, 283 | 169, 726 1902-3 1903-4 1904-5 1905-6 1. Books: (a) Books proper...............00ee eee 9, 222 12,967 13,389 12,893 (b) Volumes, circulars, leaflets, etc.... 5,255 3,084 2,910 3,602 (c) Newspaper and magazine articles. . 7,097 7, 883 9,081 7,833 2. Dramatic compositions...................5 986 1,098 Ty 224 1,380 3. Periodicals (numbers). 21,498 20,320 23,457 22,116 4. Musical compositions.................0005 19, 801 21, 203 22,984 24, 801 fo Maus aNd Chattss cs aca sccenuasacicepees 4 1, 801 Ly 547 1,817 1, 708 6. Engravings, cuts, and prints. 51830 5)938 | 10,460 10, 239 7. Chromos and lithographs.................. 2,006 2,167 25443 37039 8. Photographs oe raie : teat a les 528 oR TERE 13,790 14; 258 13,954 16, 210 ' : 1 : 87,286 90, 465 IOI, 719 103, 821 ' | i : i : Two copies of each article were received...| 174,572 | 180,930 | 203,438 207,642 9. Photographs with titles of works of art for sli identification, one copy each............ 2,947 | _ 3,869 3,986 3,496 Grand total. aydtecass line eee ean aoinrora sine 177; 519 184, 799 207,424 211,138 1 For continuation, 1909-1914, see pages 172-173. Register of Copyrights 171 Exuipit G-—Table of articles deposited during 12 fiscal years, 1897-98, 1898-99, 1899-1900, I900-I90I, I90I-2, 1902-3, 1903-4, 1904-5, 1905-6, 1906-7, 1907-8, and 1908-9—Continued 1906-7 1907-8 1908-9 Total 1. Books: (a) Books proper...............02.0 eee 12,992 (b) Volumes, circulars, leaflets, etc..... 5,340 25,363 27,425 265,352 (c) Newspaper and magazine articles. . 8, 403 2. Dramatic compositions. . . 1,568 1,904 2,226 13,294 3. Periodicals (numbers).........-.....00005 23,554 21,378 22, 288 229, 536 4. Musical compositions. ..........-..2..0005 27, 308 27,673 23,969 259) 441 5. Maps and charts. .......... ccc eeeeeeeeees 1,572 2,082 1,848 19, 786 6. Engravings, cuts, and prints.............. II, 233 11,125 10,137 86,205 7. Chromos and lithographs,... Pe 2,589 2,682 2,802 24,356 S$. Photographs. ci sicsccssvaccaaas ce canceas ses 16,672 16, 306 15,650 159,375 9a. Miscellaneous (unclassified articles). .....).......000[ecceeeesee[ereree cere 389 III, 231 | 108,513 | 106,345 | 1,057,734 Two copies of each article were received...! 222,462 | 217,026} 212,690 | 2,115,468 Foreign books received under act of Mar. 3, 1905... 585 796 1,146 25527 9. Photographs with titles of works of art for identification, one copy each...........+ 4,000 3,900 4) 033 35924 Grand total; :.... 2.0.25 ssteesseesenweisis 227,047 221,722 217,869 | 2,153,919 172 Report of the Librarian of Congress Exuipit G-—Table of articles deposited during 1909-10, IQIO-II, IQII-I2, 19t2-13, and 1913-14, with total deposits in each class for 17 fiscal years, 1897-98, 1898-99, 1899-1900, I900-190I, IGOI-2, 1902-3, 1903-4, 1904- 5, 1905-5, 1906-7, 1907-8, 1908-9, 1909-10, TGIO-II, IQII-I2, 1912-13, and 1913-14 Ig09-10 | I9IO-II IQlI-12 1. Books: (a) Printed in the United States: MOQNIRHIES 2 scielaidinin ate ded dieaneiatargasvestodisve Selareee 15,682 17,997 19, 650 Pamphlets, leaflets, etc................-5- 21,565 23,344 Contributions to newspapers and peri- 30) 150 ‘ GOLGI S sis stg cians oa ass Saesicicieme aie Tec assbatee 51 709 53 705 45,832 45,271 48, 699 (b) Printed abroad in a foreign language......... 2,920 3) 182 4, 606 English works registered for ad interim copy- right.............08 ranch azchetavdiasteateaxdenteindisten toced 275 635 643 49,027 | 49,087 53,948 a» Penodicals +s vsvisewmeian va thawcsies mi seeeaeias Saeed 49,156 46,780 | 45,172 3. Lectures, sermons, etC..... 0... ccc cece cece cence eee 117 102 107 4. Dramatic or dramatico-musical compositions....... 5) 554 4) 165 4, 800 5. Musical compositions..............5 a5 be ROR Se 54, 426 50,225 52,167 6. Maps iecsicaues caewcree 5) 244 4, 648 45344 7. Works of art; models or designs.................05- 4 383 31365 3) 223 8. Reproductions of works of art............eceee cece I,502 456 40 9. Drawings or plastic works of a scientific or technical CHATACCER sicas va eeneae ny ry teeneunen es BARRO EET 317 237 609 ro. Photographs. . - 27,796 25,083 25,802 zz. Prints and pictorial illustrations..................45 21, 502 25,079 29,309 Total. ves ¢ dy ox serepeg ds we prmenday oe aeeantese sed 219,024 | 209,227 219, 522 Register of Copyrights 173 Exuisit G—Table of articles deposited during 1909-10, IQIO-II, IQII-12, 1912-13, and 1913-14—Continued Total Ig12-13 | 1913-14 1897-1924 1. Books: (a) Printed in the United States: : | 19,952 20,266 fi sccdeaics cs 22,184 AGOS Mo Sancicainie: 9 Contributions to newspapers and peri- OICAIS yy des agave ay Sean WOE ERD Sectiwacied a 5,826 Gj076 Viv severe 47,962 515337 (b) Printed abroad in a foreign language......... 4) 731 4,916 English works registered for ad interim copy- PSH bc cyetitccdeaparrinisianeda aioe eas ae enen ie 429 BAG |e nares 53,122 56, 693 792, 582 2. Periodicals. .............5 SEG GAMER a MMe sicieth stew s 46,070 48,044 694, 204 3. Lectures, sermons, etc. ........ cece cece cere eee ee eee 183 159 668 4. Dramatic or dramatico-musical compositions....... 4,616 4,810 50, 533 5- Musical compositions............ccceececeeeeeeeeers 50, 415 54,647 780, 762 Gs Mea DS icicse cis Sac iereteiars eutrentavere ete taenayas 5x2 aye ioe are spatraiegeaes 33980 3,916 61, 704 7. Works of art; models or designs 2,861 3,171 52,927 8. Reproductions of works of art.. ate me 26 6 2,030 8a, Chromos and lithographs......... ccc cee cece eee e elec nese renter eeeeeene 48, 712 9. Drawings or plastic works of a scientific or technical Charactet sec cacaieeeasens sevens dash Bieter ean Serene 862 542 2,567 1o. Photographs.... 23) 734 19, 184 440,349 11. Prints and pictorial illustrations..............-.-006+ 27,824 24,925 301,049 12. Motion-picture photoplays. 1,742 3,692 51434 13. Motion pictures not photoplays.............+sseeeee 160 212 372 14. Miscellaneous (unclassified articles).......... Ae 773 1s. Foreign books received under act of Mar. 3, 1905.... 2,527 215,595 | 220,001 | 3,237,287 Addenda to the Report of the Register of Copyrights, 1913-14 CONTENTS I. Copyright legislation, fiscal year 1913-14: Act approved September 18, 1913: Panama-Pacific Interna- tional Exposition, pages 177-178. Act approved March 28, 1914: Deposit of one copy only of works by foreign authors, published abroad, page 179. Bills introduced: H. R. 15321, introduced April 2, 1914, by Hon. Frank B. Willis, pages 179-180. H. R. 16238, introduced May z, 1914, by Hon. Jefferson M. Levy, page 180 II. Protocol to the International Copyright Convention, Berlin, No- vember 13, 1908, dated March 20, 1914, pages 181-182. 175 Addendum | Copyricut LEGISLATION, Fisca. YEAR 1913-14 [Sixty-third Congress, first session, Public—No. 14, approved September 18, 1913. (H.R. 7595).] , PANAMA-PACIFIC INTERNATIONAL EXPOSITION. AN ACT Providing for the free importation of articles intended for foreign buildings Act approved and exhibits at the Panama-Pacific International Exposition, and for the protection September 18, of foreign exhibitors. 1013 Be it enacted by the Senate and House of Representatives of the United Articles aa» States of America in Congress assembled, That all articles that shall be "ed freeof duty imported from foreign countries for the purpose of exhibition, and articles and material imported solely for use in constructing, installing, and maintaining foreign buildings and exhibits at the Panama-Pacific International Exposition upon which there shall be a tariff or customs duty shall be admitted free of the payment of duty, customs fees, or charges, under such regulations as the Secretary of the Treasury shall prescribe; but it shall be lawful at any time during the exposition to sell for delivery at the discretion of the exposition company any goods or property imported for and actually on exhibition in the exposition buildings or grounds, subject to such regulations for the security of the revenue and for the collection of import duties as the Secretary of the Treasury may prescribe: Provided, That all such articles when sold or Articles subject withdrawn for consumption or use in the United States shall be sub-/ *mbort duties if ject to the duty, if any, imposed upon such articles by the revenue laws in force at the date of withdrawal; and on such articles as shall have suffered diminution or deterioration from incidental handling and necessary exposure the duty, if paid, shall be assessed according to the appraised value at the time of withdrawal for consumption or use, and the penalties prescribed by law shall be enforced against any person guilty of illegal sale, use, or withdrawal. Sec. 2. That the Librarian of Congress and the Commissioner of Branch office for Patents are hereby authorized and directed to establish a branch office "sation of pat- under the direction of the Register of Copyrights and the Commissioner a v eee of Patents at the Panama-Pacific International Exposition, in suitable quarters, to be furnished free of charge by the Panama-Pacific Inter- national Exposition Company, said office to be established not later than July first, nineteen hundred and fourteen, and maintained until the close of said exposition; and the proprietor of any certificate of registration, copyright, trade-mark, or patent issued by any foreign Government protecting any pattern, model, design, copyright, trade- mark, or manufactured article imported for exhibition and exhibited at said Panama-Pacific International Exposition may, upon presenta- 177 2 178 Report of the Librarian of Congress * tion of satisfactory proof of such proprietorship, obtain without charge a certificate from said branch office, which shall be legal evidence of Certificate of such proprietorship; and said branch office shall keep a register of all registration certificates of registration, trade-mark, or patent, and a register of all certificatesof copyright issued, which shall be open to public inspection. Transfer of rec- At the close of said Panama-Pacific International Exposition the — ERT ae register of certificates of registration, trade-mark, or patent shall be Z deposited in the United States Patent Office at Washington, District of Columbia, and the register of certificates of copyright shall be deposited in the Copyright Office of the Library of Congress at Wash~- ington, District of Columbia. Infringement of Suc. 3. That it shall be unlawful for any person without authority “bopyriott of the proprietor thereof to copy, imitate, reproduce, or republish any pattern, model, design, trade-mark, copyright, or manufactured article protected by the laws of any foreign country by registration, copyright, patent, or otherwise, which shall be imported for exhibition at the Panama-Pacific International Exposition, and there exhibited; * and any person who shall infringe the rights protected under this Act shall be liable— , Injunction (a) To an injunction restraining such infringement; Damages (b) To pay to the proprietor such damages as the proprietor may have suffered due to the infringement, as well as all the profits which the iafringer may have made from such infringement, and in proving Proving sales profits the plaintiff shall be required to prove sales only and the defend- ant shall be required to prove every element of cost which he claims, oc in lieu of actual damages and profits such damages as to the court shall appear to be just; Delivering up (c) To deliver up on oath, to be impounded during the pendency mfringing arti of the action, upon such terms and conditions as the court may pre- ie scribe, all articles alleged to infringe the rights herein protected; Destruction of (d) To deliver up on oath for destruction all the infringing articles, infringing arti- as well as all means and devices for making such infringing articles. sa noe for will. SEC: 4- That any person who willfully and for profit shall infringe fulinfringement any right protected under this Act, or who shall knowingly and will- fully aid or abet such infringement, shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punished by imprison- ment for not exceeding one year or by a fine of not,less than $100 nor more than $1,000, or both, in the discretion of the court. Secs. 25-27, 34- SEC. 5. That sections twenty-five, twenty-six, twenty-seven, thirty- here 2 oe four, thirty-five, thirty-six, thirty-seven, thirty-eight, thirty-nine, right suits ” and forty of the copyright Act approved March fourth, nineteen hun- dred and nine, are hereby made applicable to civil actions authorized to be brought under the provisions of this Act. Duration of pro- Suc, 6. That the rights protected under the provisions of this Act fection shall begin on the date of the arrival of the pattern, model, design, copy- righted article, trade-mark, or manufactured article so imported for exhibition within the grounds of the Panama-Pacific International Exposition at San Francisco, and shall continue for a period of three years from the date of the closing of said exposition. Approved, September 18, 1913. Register of Copyrights 179 {Sixty-third Congress, second session, Public—No. 78, approved March 28, 191g. (H.R. 9897).] AN ACT To amend section twelve of the Act entitled “An Act to amend and consol 4, approved ooh the Acts respecting copyright,” approved March fourth, nineteen hundred and yy arch 28, 1914 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twelve of the Act entitled ‘An Act to amend and consolidate the Acts respecting copy- right,’’ approved March fourth, nineteen hundred and nine, be, and the same is hereby, amended so as to read as follows: “Sec. 12. That after copyright has been secured by publication of Work by for- the work with the notice of copyright as provided in section nine of "er, published this Act, there shall be promptly deposited in the copyright. office or Heth - a in the mail addressed to the register of copyrights, Washington, Dis- quired : trict of Columbia, two complete copies of the best edition thereof then published, or if the work is by an author who is a citizen or subject of a foreign state or nation and has been published in a foreign country, one complete copy of the best edition then published in such foreign country, which copies or copy, if the work be a book or periodical, shall have been produced in accordance with the manufacturing pro- visions 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 contribu- tion; or if the work is not reproduced in copies for sale there shall be deposited the copy, print, photograph, or other identifying reproduc- tion provided by section eleven of this Act, such copies or copy, print, photograph, or other reproduction to be accompanied in each case by aclaim of copyright. No action or proceeding shall be maintaiaed 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.”’ Sec. 2. That all Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. Approved, March 28, 1914. (H. R. 15321. In the House of Representatives. April 2, 1914.) Mr. Wiis introduced the following bill; which was referred to the Committee on Patents and ordered to be printed. A BILL To amend section five of an Act entitled “An Act to amend and consolidate pyoyse bill Noe the Acts respecting copyright,”’ approved March fourth, nineteen hundred and nine, ; 5321 as amended by an Act approved August twenty-fourth, nineteen hundred and twelve. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section five of an Act entitled ‘‘An Act to amend and consolidate the Acts respecting copy- tight,’ approved March fourth, nineteen hundred and nine, as amended by an Act approved August twenty-fourth, nineteen hundred and twelve, be amended to read as follows: “Src. 5. That the application for registration shall specify to which of the following classes the work in which copyright is claimed belonged: “(a) Books, including composite and cyclopedic works, directories, gazetteers, and other compilations; House bill No. 16238 180 Report of the Librarian of Congress “‘(b) Periodicals, including newspapers; “‘(c) Lectures, sermons, addresses (prepared for oral delivery); “(d) Dramatic or dramatico-musical compositions, including the brief synopsis, sketch, or scenario, or the descriptions of the characters and actions to be depicted by motion-picture photoplays; “(e) Musical compositions; “(f) Maps; “‘(g) Works of art; models or designs for works of art; “(h) Reproductions of a work of art; “‘i) Drawings or plastic works of a scientific or technical character; “‘(j) Photographs; “‘(k) Prints and pictorial illustrations; “(1) Motion-picture photoplays; “(m) Motion pictures other than photoplays; . “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.” [H. R. 16238. In the House of Representatives. May 2, 1914.] Mr. Levy introduced the following bill; which was referred to the Committee on Patents and ordered to be printed. A BILL To amend section twenty-three of the Act entitled ‘An Act to amend and consolidate the Acts respecting copyright,” approved March fourth, nineteen hundred and nine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twenty-three of the Act entitled “An Act to amend and consolidate the Acts respecting copyright,’’ approved March fourth, nineteen hundred and nine, is hereby amended by adding thereto a new paragraph at the end thereof, as follows: “Upon the expiration of the copyright herein provided for, or the renewal thereof should the same be renewed, there shall exist no rights of any nature whatsoever in the former proprietor of an expired copyright to the matter which has been the subject of copyright or to the name or title used in or descriptive of the publication of any composite work or other literary matter during the period in which it was protected by copyright, and there shall exist no restricted, ex- clusive, qualified, or so-called secondary meaning right to the title of any book or to the name of any author, compiler, or editor of any expired copyright composite or other work, but both the matter which has been the subject of copyright and its generic or other name or title shall fall into the public domain and thereafter be forever free to the unrestricted use of the public; and no suit shall be maintained to establish a right of any restricted nature in or to any expired copy- right material or matter, or to the name or names, or any part thereof, under or by which any book hitherto issued under copyright protection has been published or has become known to the public.” Addendum II PROTOCOL TO THE INTERNATIONAL COPYRIGHT CONVENTION OF BERLIN, NOVEMBER 13, 1908. TRANSLATION The countries, members of the International Union for the pro- tection of literary and artistic works, desiring to authorize an optional limitation of the extent of the Convention of November 13, 1908, have by mutual agreement adopted the following Protocol: 1. When a country not belong- ing to the Union does not protect jn a sufficient manner the works of authors within the jurisdiction of a country of the Union, the provi- sions of the convention of Novem- ber 13, 1908, cannot prejudice, in any way, the right which belongs to the contracting countries to re- strict the protection of works by authors who are, at the time of the first publication of such works, subjects or citizens of the said country not being a member of the Union, and are not actually domi- ciled in one of the countries of the Union. 2. The right accorded to the contracting States by the present Protocol, belongs also to each of their trans-marine possessions. 3. No restriction established by virtue of No. 1, above, shall preju- dice the rights which an author has acquired in a work published in one of the countries of the Union prior to the putting into force of his restrictio DaTED MARCH 20, 1914. FRENCH TEXT Les Pays membres de 1’Union internationale pour la protection des ceuvres littéraires et artis- tiques, désirant autoriser une limi- tation facultative de la portée de la Convention du 13 novembre 1g08, ont, d’un commun accord, arrété le Protocole suivant: Lorsqu’un pays étranger a l’Union ne protége pas d’une maniére suffisante les ceuvres des auteurs ressortissant a l’un des pays de 1’Union, les dispositions de la Convention du 13 novembre 1908 ne peuvent porter préjudice, en quoi que ce soit, au droit qui appartient au pays contractant de restreindre la protection des ceuvres dont les auteurs sont, au moment de la premiére publica- ion de ces ceuvres, sujets ou ci- toyens dudit pays étranger et ne sont pas domiciliés effectivement dans 1’un des pays de 1’Union. 2. Le droit accordé aux Etats contractants par le présent Proto- cole appartient également a cha- cune de leurs Possessions d’outre- mer. 3. Aucune restriction établie en vertu du no. 1 ci-dessus ne devra porter préjudice aux droits qu’un auteur aura acquis sur une ceuvre publiée dans un pays de 1’Union avant la mise 4 exécution de cette restriction. 184 182 4. The countries which, by vir- tue of the present Protocol, limit the protection accorded to authors, shall notify the Government of the Swiss Confederation by a writ- ten declaration indicating the countries against which the pro- tection is restricted, and also the restrictions to which the rights of authors belonging to these coun- tries are subject. The Govern- ment of the Swiss Confederation will at once communicate the fact to all the other States of the Union. 5. The present Protocol shall be ratified, and the ratifications shall be deposited at Berne within a maximum period of twelve months from its date. It shall enter into force one month after the expira- tion of this period, and shall have the same force and duration as the Convention to which it relates. In witness whereof the Plenipo- tentiaries of the countries members of the Union have signed the pres- ent Protocol, of which a certified copy shall be transmitted to each of the Governments of the Union. Done at Berne, the zoth day of March, 1914, in a single copy, de- posited in the Archives of the Swiss Confederation. Signed by the representatives of the following eighteen countries: Belgium, Denmark, France, Ger- many, Great Britain, Haiti, Italy, Japan, Liberia, Luxembourg, Monaco, Netherlands, Norway, Portugal, Spain, Sweden, Switzer-: land and Tunis. Report of the Librarian of Congress 4. Les Etats qui, en vertu du présent Protocole, restreindront la protection des droits des auteurs, le notifieront au Gouverne- ment de la Confédération Suisse par une déclaration écrite ot seront indiqués les pays vis-a-vis desquels la protection est res- streinte, de méme que les restric- tions auxquelles les droits des auteurs ressortissant 4 ces pays sont soumis. Le Gouvernement de la Confédération Suisse com- muniquera aussitét le fait 4 tous les autres Etats de 1’Union. 5. Le présent Protocole sera ratifié, et les ratifications seront déposées &4 Berne dans un délai maximum de douze mois comptés & partir de sa date. II entrera en vigueur un mois aprés 1’expira- tion de ce délai, et aura méme force et durée que la Convention & laquelle il se rapporte. En foi de quoi, les Plénipoten- tiaires des Pays membres de 1’Union ont signé le présent Proto- cole, dont une copie certifiée sera remise 4 chacun des Gouverne- ments unionistes. Fait & Berne, le 20 mars 1914, en un seul exemplaire, déposé aux Archives de la Confédération Suisse. [Signatures] INDEX Acts of Congress relating to copyright: : Page. Aug. 24, 1912, motion Pictures sii eis caw ce scene ewnaaae I51 Mar. 2, 1913, certificate of registration.................... 151 Sept. 18, 1913, Panama-Pacific International Exposition 152,157,177 Mar. 28, 1914, deposit of one copy of foreign works... I51, 155, 179 Appropriations: For salaries, Copyright Office......0.00 000. cc cece eeeceees 148 For joint Copyright and Patent Office at Panama-Pacific EX POSIEOD fsa sinwiiiay eeeions ais caniashapeuboialcaumupivecianctees 157 Artistic designs, copyright for.......0.. 0.0. c cece cece ce eeeees 158 Artistic works. (See Works of art.) Assignments: Fees for recording..... 2.0.0.0... cc cc cece cece cuceeceeuuees 153 Number recorded or copied...............0.0. 0000, Bids 153 Berlin Convention, protocol to Bills, copyright: H. R. 9897, for deposit of one copy of foreign works, intro- duced by Hon. Wm. A. Oldfield................0..000005 155 Approved by the President, Mar. 28, 1914............. 155 Text of the act approved........... 0.0.6. c eee eee ee 179 H. R. 11796, introduced by Hon. P. P. Campbell.......... ISS H. R. 15321, for scenarios, introduced by Hon. Frank B. Wallis trcscie-srantee sacs nareseyane aided Bib ipaasacscashacho Pra sodoeeuunvoracaarnae 155,176 H. R. 16238, for specific termination of copyright, intro- duced by Hon. Jefferson M. Levy..............000005 156, 180 For Panama-Pacific International Exposition.............. 156 Books: Foreign, deposited for copyright. .........0.....2.2.0005. 152 Not in Library of Congress, inquiries for................... 150 Returned to copyright claimants.................-...00- 150 Titles printed in Catalogue of Copyright Entries.......... 9 151 Transferred to Library of Congress... .......00..00eeeeeee 149 Transferred to governmental libraries in District of Colum- UA coe eg tina sac racecar eas eemventat ei guaeeaia aia eno aaa oeaanerebe 149 Bulletin and circulars issued... 1.1... eee eee eee eee tenes 151 Bureau of Education, copyright books transferred to library of.. 149 Bureau of Mines, copyright books transferred to library of..... 149 Bureau of Standards, copyright books transferred to library of.. 149 Campbell (Hon. Philip P.), introduced bill H. R. 11796, Mar. 20, ETA ea czas age nandhoin ie gaaianane eased take ie asennad slabia wanRORL Dla aly 155 Canada, copyright relations with...... pian araiaaiea ale emesis eres 159 Card indexes of copyright registrations.....................08. 150 Cases, decisions in copyright ............. 0c cece eee eee 159 note Catalogue of Copyright Entries......... 0.0.0.0 cece cece eee 150 Censorship of motion pictures, bills to provide................. 158 Certificate of registration, act to secure more complete.......... 151 184 Index Certified copies of record: e. HOGS LO sc aesgaied do dinsaf oan eg iokod a kth tenur Aenea areeemeendy ba meeeed 153 Niimbéer Made oie cscs aes camiaseg seine ses eee hee eS 153 Chromos, titles printed in Catalogue of Copyright Entries....... 151 Circulate issued. co. ices cess yapeeided bu eves sav aeeene anaes 152 Claimant of copyright, return of copyright deposits to.......... 150 Contributions to periodicals... 00.0... ce eee eee eee ees 150 Copies of record, certified... 0.0.0... cc cece cece eee e eee eee . 153 Copyright bills introduced. (See Bills.) Ui Copyright Entries, Catalogue of.............000 000: e cence eens I51 Copyright Office, appropriations for salaries.................+-. 148 Copyright suits, decisions in.............. aah ts da Gere 3S ae ak 159, note Correspondence of the Copyright Office...............2.000005 153 Decisions of United States courts involving copyright........ 159, note Department of Agriculture, copyright books transferred to LiDLALW OF see cere easing yeaa cas SeRteaila Megs ee 149 Deposits, copyright: Act of Mar. 28, 1914, to require only one copy in case of foreign works..............0..e eee eeaes seit tecevtahiba elect wine 155 Plime atiGn OF s:ctscss apd iaess uid 8 Bee ew ce cudeaeecaaduniiyaegonlicd, tues. anduevd. Se 149 Received prior to July 1, 1897............ 0.00 cee ee eee ee 154 Requests for deposits claiming copyright.................. 150 Statistics— pint Current fiscal year... ... 0.2... ccc ccc cee ete e ee ceeee 149 Fiscal years 1897-1909, Exhibit G..................... 170 Fiscal years 1909-1914, Exhibit G, with totals for 1897— L QUA casdrers stadt bsetiskihel disease ids casenioere ee Sa heae Gane 172 WALNE OE is ssiddict sevacdaciadee s0lp 2.3.5 adi deh eno anla Hibdcboraus. 148, 152 Designs, copyright for BLUSHIOis wisi de erage a deistotes aa Reed 158 District of Columbia, copyright deposits transferred to govern-. Genital: Diaries tt. secre ge cas gale se Mae eae OPA OROHe 149 Dramatic compositions: Deposits returned to copyright claimants......... CESAR 150 Titles printed in Catalogue of Copyright Entries............ 151 Drawings. (See Works of art.) Elimination of cop yright GEPOSItS ious stat tadaracowicunee da Ree 149 Engineer School Library. .....0...0.60 00.0 cece cece ence cence 150 Engravings. (See Prints.) Entries. (See Registrations.) Expenditures) cacwinsicd vonage en ea Rimage yu sesy seco swerduy 148 Fees: . Current:fiseal years scecg ase eae xs Seedaeee ai een sates sd mot 147, 152 Exhibit A, Fees applied. .......... 0... cece 159 Exhibit B, Fees paid into Treasury................... 160 Exhibit C, Record of applied fees. . ; saves 26 Fiscal years 1897-1914, Exhibit E, Comparative statement DY Wears: ceeceins vn yeveeed 4 seeing hve ae ses BA Rainn oes 163, Fine arts. (See Works of art.) : Foreign books deposited for copyright..............0......0004 we EGS Foreign works, deposit of one copy oniy...................... 152, 155 Index 185 Governmental libraries in District of Columbia, copyright oe deposits transferred to. 0.0.0.0 ccc ccc cece eecenevucee 149 Great Britain and the Protocol to the Berlin convention ....... 158 Index cards in Copyright Office. ......... 0c ccc cece cece ee eeeas 150 Index to Catalogue of Copyright Entries. . ‘ moxaeees ~LS0 Inquiries for works not found in Library of ens tases ISO International copyright convention, protocol of Mar. 20, 1914. 158, 181 International copyright relations. . i %8 Mgetics “DSS Interpretation of new copyright lar, ‘qudiclal decisions, fb Gotorionts 159, note Kaha (Hon. Julius), bill for copyright protection, Panama- Pacific exposition articles... 00... c cece ccc eee eee 156 Law, copyright, bills to amend..............0. 0c cece eee eee ee 154 Leaflets, titles printed in Catalogue of Copyright Entries....... ISI Lectures, titles printed in Catalogue of Copyright Entries...... 15 Legislation: acts, bills, etc. Bills introduced and acts passed........... 00 e cee e eee eae 154 Bulletin 14, copyright law, new edition issued.............. 15 Copyright in artistic designs. ........ 0... cee cece eee eee eee 158 Letters and parcels received and sent out... ..........0..000 ee 153 Levy (Hon. Jefferson M.), introduced bill H. R. 16238, May 2, ELA acasecanas seneciseis '< Sasves enters wkd uacdpega cd S009 @ fe ad obsoneaaaeinsers Gos de- 4 vege pneceeans 156, 180 Libraries, governmental, in District of Columbia, transfer of COPYHghEAEPOSitS tO ....ccscrenwrecemtemnne dea erase ape siocawa gies 149 Library of Congress: Request for copies of books. ........... 0. cece cece e eee ee 150 Transfer of accumulated copyright deposits to............. 149 Value of copyright deposits in.................. aust aS 148 Lithographs. (See Works of art.) Maps, titles printed in Catalogue of Copyright Entries......... 151 Motion picture censorship commission, bills to provide........ 158 Motion picture films returned to claimants..................-.- 150 Motion pictures: Act to amend law relating to, Aug. 24, 1912................ I51 Titles printed in Catalogue of Copyright Entries............ 1g Musical compositions: Deposits returned to copyright claimants.................. 150 Fees for notice of user recorded............ 00 0c cece eee nes 153 Titles printed in Catalogue of Copyright Entries. . eine: CEST Navy Department, copyright books transferred to library dhs 149 Notice of user recorded, fees for. ........ 0. ccs ce eee e eect cree eee 153 Oldfield (Hon. William A.), introduced bill H. R. 9897, Dec. 5, LOLs ihrem a aetietawawgciean voawdadaevaliine wan Sabarecrmsiinaian sins 185 Paintings. (See Works of art.) Pamphlets, titles printed in Catalogue of Copyright Entries.... 157 Panama-Pacific International Exposition: Bills introduced for copyright protection in exhibited arti- CES, ie vie wiordie bedsaceenh 2-HkGe CHa scnM DD AES 2 ORE ess os 156 Act of Sept. 18, 1913... .. ss ee cece eee nee e eee ees 152,157,177 Patents for designs. ........-. 5s. .0ee eee Siatie: Cad Aveta so) aa 158 186 Index Periodicals and periodical contributions: Page. Returned to copyright claimants. : : Aiea: E50 Titles printed in Catalogue of Copyright Entries, . ee I51 ‘Perkins (Hon. George C.), bill for copyright protection, Panama: ; Pacific exposition articles. ..... Bi tiie a ih nenuttlet Annalee cah al oul laiaaaneus 156 ‘Photographs: d , Registrations: without ceneneasy fees for...2... 0.0.0 eee eee 153 Number Of. seadng dave weneedinee Moma eee 148 Returned to copyright claimants.. rises ISO Titles printed in Catalogue of Copyright Entries. sean TSE Prints: ; Returned to copyright claimants. . Adbniner 256 Titles printed in Catalogue of Gapprigit Hatrles.. Le. IST (See also Works of art.) Protocol to Berlin copyright convention, Mar. 20, 1914.........158, 181 Public library of the District of Columbia, copyright deposits tratisferréd: 00... ccccve cage disease aan ee cheer eee ese 150 RECEIPTS hiss SS aigecenday daca aware enascacpaabanmadaidons sraensennen ntaaeons 147, 152 Current fiscal year, Exhibit A............ cc eee 159 Fiscal years 1897-1914, Exhibit E....................2... 163 Exhibit D, Comparative monthly statement............. 162 REFIT AS yess pics mianlatsgenarsrand ey aka nonloarianaaorneme nals aihieteR aA eemnen 147, 152 Registrations: ' ; Current fiscal: yearn. .