CKv'i.".:': KF / 7 oi (SnrnfU Ham i>rl|nnl Slibtary KF 29891906°""'"™""^'-"'"^ '^mU&SmSi?.?* »"« ""'ted State 3 1924 019 330 541 Cornell University Library The original of tiiis bool< is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924019330541 LIBRARY OF CONGRESS COPYRIGHT ENACTMENTS OF THE UNITED STATES 1783-1906 Compiled by THORVAUD SOLBERG REGISTER OF COPYRIGHTS COPYRIGHT OFFICE BULLETIN NO. 3 SECOND EDITION. REVISED WASHINGTON GOVERNMENT PRINTING OFTICE 1906 B6S/5^ \J«»% li*" PREFATORY ISTOTE TO SEOOI^D EDITION". Copyright Office, Washington, D. C, July 15, 1906. The present edition of Copyright Office Bulletin No. 3, "United States Copyright Enactments," has been carefully revised, corrected, and brought down to date by the inclusion of such copyright laws as have been passed and such Presidential proclamations relating to copyright as have been issued since the printing of the last edition. It" has been enlarged by the addition of the recent State laws enacted to protect dramatic and musical works; of new matter rela- tive to copyright in the territorial possessions of the United States, and (in an Appendix) of some explanatory notes, including the decis- ions of the Treasury Department and the opinions of the Attorneys- General in relation to copyright. It is a pleasant duty in printing this edition to acknowledge the helpful suggestions and assistance received from many persons inter- ested in copyright, more especially from Augustus T. Gurlitz, Esq., of the New York bar; Judge Simeon E. Baldwin, of New Haven, Conn.; Edmund A. Whitman, Esq., of Messrs. Elder & Whitman, of Boston; Charles P. Montgomery, Esq., of the Customs Division of the Treasury Department, and Harry P. Mawson, Esq., of the Amer- ican Dramatists Club of New York. Hekbekt Putnam, Lih'ariwn of Congress. Thorvald Solberg, Register of Copyrights. OOIsTTEI^TS. (Arranged chronologlcallr. ) Page. I. RESOLUTION OF THE COLONIAL CONGRESS RESPECTING COPYRIGHT, 1783. Resolution passed by the Colonial Congress, recommending the several States to secure to the authors or publishers of new books the copyright of such books. May2, 1783 11 II. COPYRIGHT LAWS PASSED BY THE ORIGINAL STATES, 1783-1786. Connecticut, 1783, January session: An act for the encouragement of literature and genius 11 Massachusetts, 1783, March 17: An act for the purpose of securing to authors the exclusive right and benefit of publishing their literary productions for twenty-one years 14 Maryland, 1783, April 21: An act respecting literary property 15 New Jersey, 1783, May 27: An act for the promotion and encouragement of literature 16 New Hampshire, 1783, November 7: An act for the encouragement of literature and genius, and for securing to authors the exclusive right and benefit of publishing their literary productions for twenty years 18 Rhode Island, 1783, December session: An act for the purpose of securing to authors the exclusive right and benefit of publishing their literary productions for twenty-one years. . . 19 Pennsylvania, 1784, March 15: An act lor the encouragement and promotion of learning by vesting a right to the copies of printed books in the authors or purchasers of such copies during the time therein mentioned 20 South Carolina, 1784, March 26: An act for the encouragement of arts and sciences 21 Virginia, 1785, October: An act for securing to the authors of literary works an exclusive property therein for a limited time 24 North Carolina, 1785, November 19: An act for securing literary property 25 Georgia, 1786, February 3: An act for the encouragement of literature and genius 27 New York, 1786, April 29: An act to promote literature 29 5 6 CONTENTS. Page. III. PROVISION OF THE CONSTITUTION. Provision of the Constitution as to the copyright legislation by Congress 31 IV. PUBLIC ACTS RELATING TO COPYRIGHT PASSED BY THE CONGRESS OF THE UNITED STATES, FROM 1790 TO 1905, INCLU- SIVE. May 31, 1790 [Original Copyright Act], First Congress, second session, Chapter 15: An act for the encouragement of learning by securing the copies of maps, charts, and books to the authors and proprietors of such copies during the times therein mentioned. (Statutes at Large, vol. 1, pp. 124-126. ) . . 32 April 29, 1802, Seventh Congress, first session. Chapter 36: An act supplementary to an act intituled "An act for the encouragement of learning by securing the copies of maps, charts, and books to the authors and proprietors of such copies during the times therein men- tioned," and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints. (Statutes at Large, vol. 2, pp. 171-172.) 34 February 15, 1819, Fifteenth Congress, second session. Chapter 19: An act to extend the jurisdiction of the circuit courts of the United States to cases arising under the law relating to patents [and copyrights]. (Statutes at Large, vol.3, pp. 481-482.) 36 February 3, 1831 [First Revision], Twenty-first Congress, second session, Chapter 16: An act to amend the several acts respecting copyrights. (Statutes at Large,vol. 4, pp. 436-439.) 87 June 30, 1834, Twenty-third Congress, first session, Chapter 157: An act supplementary to the act to amend the several acts respecting copyrights. [Requiring the recording of assignments of copyrights.] (Statutes at Large, vol. 4, p. 728. ) 41 August 10, 1846, Twenty-ninth Congress, pip^t session. Chapter 178, sec- tion 10: An act to establish the "Smithsonian Institution." [Requiring the delivery of one copy of book, etc., to the librarian of the Smithsonian Institution aud one copy to the Librarian of Congress.] (Statutes at Large,vol.9, p. 106.) 42 March 3, 1855, Thirty-third Congress, second session, Chapter 201, sec- tion 5: An act making appropriations for the service of the Post-Office Depart- ment during the fiscal year 1856. [Providing for the free transmission of copyright deposits.] (Statutes at Large, vol. 10, p. 685. ) 42 August 18, 1856, Thirty-fourth Congress, first session. Chapter 169: An act supplemental to an act entitled "An act to amend the several acts respecting copyright," approved Februarys, 1831. [Securing the sole right of representation in the case of dramatic compositions.] (Statutes at Large, vol. 11, pp. 138-139. ) 43 February 5, 1859, Thirty-fifth Congress, second session, Chapter 22, sec- tions 6 AND 8: An act providing for keeping and distributing all public documents. [Pro- viding for the removal of all copyright deposits and records from the Department of State to the Department of the Interior.] (Statutes at Large, vol. 11, pp. 380-381.) 43 CONTENTS. 7 Page. February 18, 1861, Thirty-sixth Congress, second session, Chapter 37: An act to extend the right of appeal from decisions of circuit courts to the Supreme Court of the United States [in copyright cases]. (Statutes at Large, vol. 12, pp. 130-131. ) 44 March 3, 1865, Thirty-eighth Congress, second session. Chapter 126: An act supplemental to an act entitled "An act to amend the several acts respecting copyright," approved February 8, 1831, and to the acts in addition thereto and amendments thereof. [Extending copyright pro- tection to photographs, etc.] (Statutes at Large, vol. 13, pp. 540-541.).. 44 February 18, 1867, Thirty-ninth Congress, second session. Chapter 43: An act amendatory of several acts respecting copyrights. [Imposing a penalty of $25 for failure to deposit copies in Library of Congress, and • providing for the free transmission by mail of "copyright matter."] (Statutes at Large, vol. 14, p. 395. ) '45 July 8, 1870 [Second Revision], Forty-pirst Congress, second session, Chap- ter 230, sections 85-111: An act to revise, consolidate, and amend the statutes relating to patents and copyrights. (Statutes at Large, vol. 16, pp. 212-217.) 46 June 8, 1872, Forty-second Congress, second session, Chapter 335, section 184: An act to revise, consolidate, and amend the Statutes relating to the Post- Office Department. [Providing for the free transmission through the mails of copyright matter addressed to the Librarian of Congress.] (Statutes at Large, vol. 17, pp. 283, 306, 307.) 52 December 1, 1873 [Third Revision] — Revised Statutes, Title 13, The Judiciary, Chapter 7, sec. 629; Chapter 11, sec. 699; Chapter 12, sec. 711; Chapter 18, sec. 972. (Statutes at Large, vol. 18, part 1, pp.. 110, 111, 130, 134, 135, 183.) 52 December 1, 1873 [Third Revision] — Revised Statutes, Title 60, Chapters, Copyrights: (Statutes at Large, vol. 18, part 1, pp. 957-960.) 53 June 18, 1874, Forty-third Congress, first session. Chapter 301: An act to amend the law relating to patents, trade-marks, and copyrights. [Notice of copyright required; fees; registration of prints for articles of manufacture at Patent GflBce, etc.] (Statutes at Large, vol. 18, part 3, pp. 78-79.) 57 March 3, 1879, Forty-pipth Congress, third session. Chapter 180, section 15. An act making appropriations for the service of the Post-Office Department for the fiscal year ending June 30, 1880, and for other purposes. [Pro- viding against transmission through the mails of any publication which violates copyright. ] ( Statutes at Large, vol. 20, p. 359. ) 58 August 1, 1882, Forty-seventh Congress, first session. Chapter 366: An act to amend the statutes in relation to copyright. [Position of notice of copyright in the case of decorative articles.] (Statutes at Large, vol. 22, p. 181.) 59 March 3, 1891 [so-called International Copyright Act], Fifty-first Con- gress, SECOND session, CHAPTER 565: An act to amend title 60, chapter 3, of the Revised Statutes of the United States, relating to copyrights. [Extending copyright in certain cases to works by foreign authors.] (Statutes at Large, vol. 26, pp. 1106-1110.). 59 a CONTENTS. Page. Februaey 9, 1893, Fifty-second Congebss, second session, Chapter 74, sec- tion 8: An act to establish a court of appeals for the District of Columbia, and for other purposes. [Providing for a writ of error or appeal from the court of appeals of the District of Columbia to the Supreme Court of the United States in all copyright cases.] (Statutes at Large, vol. 27, pp. 434, 436. ) . 64 March 3, 1893, Fipty-second Congress, second session. Chapter 215: An act relating to copyrights. [Enabling act, giving the same effect to copies deposited prior to March 1, 1893, as to copies deposited "on or before publication. ' ' ] (Statutes at Large, vol. 27, p. 743. ) 64 Jancary 12, 1895, Fifty-third Congress, third session. Chapter 23, section 52: An act providing for the public printing and binding and the distribution of public documents. [Providing that no Government publication shall be copyrighted.] (Statutes at Large, vol. 28, p. 608.) 65 March 2, 1895, Fipty-third Congress, third session, Chapter 194: An act to amend section 4965, chapter 3, title 60, of the Revised Statutes of the United States, relating to copyrights. [Providing dams^es in cases of infringement of photographs and works of art.] (Statutes at Large, vol. 28, p. 965.) 65 January 6, 1897, Fifty-fourth Congress, second session, Chapter 4: An act to amend title 60, chapter 3, of the Eevised Statutes, relating to copyrights. [Enacting that unauthorized representation, willful and for profit, is a misdemeanor, punishable by imprisonment.] (Statutes at Large, vol. 29, pp. 481-482.) 66 February 19, 1897, Fifty-fourth Congress, second session. Chapter 265 [Section — Library of Congress]: An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1898, and for other purposes. [Providing for the appointment of a Eegister of Copyrights.] (Statutes at Large, vol. 29, p. 545, 546.) 67 March 3, 1897, Fifty-fourth Congress, second session, Chapter 392: An act to amend title 60, chapter 3, of the Eevised Statutes of the United States, relating to copyrights. [Providing penalty for printing false claim of copyright and prohibiting the importation of articles bearing false claim of copyright.] (Statutes at Large, vol. 29, pp. 694-695.) 68 April 17, 1900, Fifty-sixth Congress, first session. Chapter 192: An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1901, and for other purposes. [Copyright Office.] (Statutes at Large, vol. 31, p. 95.) 69 January 7, 1904, Fifty-eighth Congress, second session. Chapter 2: An act to afford protection to exhibitors of foreign literary, artistic, or musical works at the Louisiana Purchase Exposition. ( Statutes at Large, vol. 33, parti, pp. 4-5.) 70 March 3, 1905, Fifty-eighth Congress, third session. Chapter 1432: An act to amend section 4952 of the Eevised Statutes. (Statutes at Large, vol. 33, parti, pp. 1000-1001.) 72 CONTENTS. y Page. V. PBIVATE ACTS RELATING TO COPYRIGHT PASSED BY THE CONGRESS OF THE UNITED STATES, 1828-1898. May 24, 1828, Twentieth Congress, first session, Chapter 145: An act to continue a copyright to John Rowlett. (Statutes at Large, vol. 6, pp. 389-390.). 73 February 11, 1830, Twenty-first Congress, first session, OhaJterIS: An act to amend "An act to continue a copyright of John Rowlett." (Statutes at Large, vol. 6, p. 403.) 73 March 3, 1843, Twenty-seventh Congress, third session, Chapter 140: An act supplemental to the act of the 24th May, 1828, to continue a copy- right to John Rowlett. (Statutes at Large, vol. 6, p. 897. ) 74 February 19, 1849, Thirtieth Congress, second session. Chapter 57: An act for the relief of Levi H. Corson, and for other purposes. (Statutes at Large, vol. 9, p. 763.) 74 August 2, 1854, Thirty -third Congress, first session, Chapter 187: An act for the purchase of the copyright of a work published by Thomas H. Sumner, wherein he describes his new method of ascertaining a ship's position at sea. (Statutes at Large, vol. 10, p. 810. ) 75 January 25, 1859, Thirty-fifth Congress, second session. Chapter 16: An act for the relief of Mistress Henry R. Schoolcraft. (Statutes at Large, vol. 11, pp. 557-558.) 76 May 24, 1866, Thirty-ninth Congress, first session. Chapter 99: An act for the relief of Mrs. William L. Herndon. (Statutes at Large, vol. 14, p. 587.) 76 June 23, 1874, Forty-third Congress, first session. Chapter 534: An act for the relief of William Tod Helmuth, of New York. (Statutes at Large, vol. 18, part 3, p. 618.) 76 February 17, 1898, Fifty-fifth Congress, second session, Chapter 29: An act for the relief of Judson Jones. (Statutes at Large, vol. 30, p. 1396) . 77 VI. TERRITORIAL POSSESSIONS OF THE UNITED STATES. Hawaii, Porto Rico, and the Philippine Islands. Preliminary note 78 April 30, 1900, Fifty-sixth Congress, first session, Chapter 339: An act to provide a government for the territory of Hawaii. (Statutes at Large, vol. 31, pp. 141, 142.) 79 June 23, 1888, Laws op Hawaii, 1888, Chapter 111: An act to provide for the registration of copyrights 80 April 12, 1900, Fifty-sixth Congress, first session, Chapter 191, section 8: An act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes. (Statutes at Large, vol. 31, p. 79.) 82 December 2, 1898, Opinion op the Attorney-General: Copyrights Cuba, Puerto Rico, the Philippine Islands 82 July 6, 1904, Opinion op the Attorney-General: Philippine Islands — Copy- right and Trade-Mark Laws 84 10 CONTENTS. VII. INTERNATIONAL COPYRIGHT RELATIONS. (a) Proclamations Issued by . the President, Extending Copyright to Citizens op Certain Foreign Countries, 1891-1905. Proclamation op July 1, 1891 : Belgium, France, Great Britain and her pos- sessions, and Switzerland 87 Proclamation op ApSil 15, 1892: Germany 88 Proclamation of October 31, 1892: Italy 89 Proclamation op May 8, 1893: Denmark 90 Proclamation op July 20, 1893: Portugal 91 Proclamation op July 10, 1895: Spain 92 Proclamation op February 27, 1896: Mexico 9S Proclamation op May 25, 1896: Chile 94 Proclamation op October 19, 1899: Costa Rica 95 Proclamation op November 20, 1899: Netherlands (Holland) and possessions. 96 Proclamation op November 17, 1903: Cuba 97 Proclamation op July 1, 1905: Norway 98 (b) Treaties with Certain Foreign Countries relating to Copyright, 1899-1906. Treaty op Peace with Spain, April 11, 1899 99 Treaty between the United States and China for the extension of com- mercial relations between them, January 13, 1904 100 Copyright Convention between the United States and Japan, May 10, 1906. 103 VIII. APPENDIX. State Laws to Protect Dramatic and Musical Works. New Hampshire, law of March 13, 1895 105 New York, law of September 1, 1899 106 Louisiana, law of July 9, 1 900 106 Oregon, law of February 27, 1901 107 Pennsylvania, law of May 29, 1901 107 Ohio, law of March 25, 1902 108 New Jersey, law of April 10, 1902 108 Massachusetts, law of March 29, 1904 109 Minnesota, law of March 15, 1905 109 California, law of March 18, 1905 110 Wisconsin, law of June 1, 1905 , HI Connecticut, law of June 7, 1905 IH Michigan, law' of June 16, 1905 112 IX. NOTES. No. 1. Connecticut laws, October session, 1812, Chapter 9 113 No. 2. Massachusetts Bay Colony, ordinance of May 15, 1672 113 No. 3. Franking privilege for copyright deposits 113 No. 4. Type-setting in the Philippine Islands 114 No. 5. Free lists of tariff acts of 1890 and 1897 115 No. 6. Treiasury Department decisions and Opinions of the Attorneys-General concerning importation 119 No. 7. Forfeiture in case of illegal importation 142 No. 8. Importation under the act of January 7, 1904 142 X. INDEX. COPYRIGHT ENACTMENTS. I. Resolution passed by the Colonial Congress, recommending THE several States to secure to the Authors or Publish- ers of New Books the Copyright of such Books. May 2, 1783. copyright in congress. On the report of a committee, consisting of Mr. 1 Friday May 2 Williamson, Mr. Izard and Mr. Madison, to whom were referred sundry papers and memorials on the subject of literary property. Besolved, That it be recommended to the several States, to secure 5 to the authors or publishers of any new books not hitherto printed, being citizens of the United States, and to their executors, adminis- trators and assigns, the copj'^ right of such books for a certain time not less than fourteen years from the first publication; and to secure to the said authors, if they shall survive the term first mentioned, and to 10 their executors, administrators and assigns, the copy right of such books for another term of time not less than fourteen years, such copy or exclusive right of printing, publishing and vending the same, to be secured to the original authors, or publishers, their executors, admin- istrators and assigns, by such laws and under such restrictions as to the 15 several States may seem proper. In "Journal of the United States in Congress assembled, Containing the Pro- ceedings from Nov. 1782, to Nov. 1783." Printed by order of Congress. Vol. 8, 8vo. Philadelphia, D. C. Claypoole, 1783, pp. 256-257. Also printed in "Journals of the American Congress: from 1774 to 1788." 20 Vol. 4, Svo. Washington, Way & Gideon, 1823, p. 219. II. Copyright Laws Passed by the Original States: 1783-1786. CONNECTICUT. AN ACT for the encouragement of literature and genius. Whereas it is perfectly agreeable to the principles of , „' natural equity and justice, that every author should be 25 secured in receiving the profits that maj' arise from the sale of his works, and such security may encourage men of learning and genius to publish their writings; which may do honor to their country, and service to mankind. 12 OOPYEIGHT ENAXiTMENTS, I'TSS-igOS. 1 Be it enacted hy the governor, council and r&presentatvoes, in gen- eral court assembled, and hy the authority of the same. That the author of any book or pamphlet not yet printed, or of any map or chart, being an inhabitant or resident in these United States, and his heirs 6 and assigns, shall have the sole liberty of printing, publishing and vending the same within this State, for the term of fourteen years, to commence from the day of its first publication in this State. And if any person or persons within the said term of fourteen years as afore- said, shall presume to print or re-print any such book, pamphlet, map 10 or chart within this State, or to import or introduce into this State for sale, any copies thereof, re-printed beyond the limits of this State, or shall knowingly publish, vend and utter, or distribute the same with- out the consent of the proprietor thereof in writing, signed in the presence of two credible witnesses, every such person or persons shall 15 forfeit and pay to the proprietor of such book, pamphlet, map or chart double the value of all the copies thereof, so printed, imported, distributed, vended, or exposed for sale; to be recovered by such pro- prietor in any court of law in this State, proper to try the same. Provided nevertheless. That no author, assignee or proprietor of any 20 such book, pamphlet, map or chart shall be entitled to take the benefit of this statute, until he shall duly register his name as author, assignee, or proprietor, with the title thereof, in the office of the Secretary of this State, who is hereby impo wered and directed to enter the same on record. And he it further enacted hy the authority aforesaid, That at the 25 expiration of the said term of fourteen years, in the cases above men- tioned, the sole right of printing and disposing of any such book, pamphlet, map or chart in this State, shall return to the author thereof, if then living, and his heirs and assigns, for the term of fourteen years more, to commence at the end of said first term; and that all and every 30 person or persons who shall re-print, import, vend, utter or distribute in this State, any copies thereof without the consent of such proprietor, obtained as aforesaid, during said second term of fourteen years, shall be liable to the same penalties, recoverable in the same manner as is herein before enacted and provided. 35 And whereas it is equally necessary, for the encouragement of learn- ing, that the inhabitants of this State be furnished with useful books, &c., at reasonable prices: Be it further enacted. That whenever any such author or proprietor of such book, pamphlet, map or chart, shall neglect to furnish the 40 public with sufficient editions thereof , or shall sell the same at a price unreasonable, and beyond what may be adjudged a sufficient compen- sation for his labour, time, expence, and risque of sale, the judge of the superior court in this State, on complaint thereof made to him in writing, is hereby authorized and impowered to summon such author 45 or proprietor to appear before the next superior court, to be holden m that county where such author or proprietor dwells, if a resident in this State, if not, in that county where such complainant dwells; conneotiotjt: act of 1783. 13 and said court are hereby authorized and impowered to enquire into 1 the justice of said complaint, and if the same be found true, to take such sufficient recognizance and security of such author or proprietor, conditioned that he shall within such reasonable time, as said court shall direct, publish and offer for sale in this State, a sufficient number 5 of copies of such book, pamphlet, map, or chart, at such reasonable price as said court shall, on due consideration affix: And if such author or proprietor shall, before said court, neglect or refuse to give such security as aforesaid, the said court are hereby authorized and impow- ered t6 give such complainant, a full and ample licence to re-print 10 and publish such book, pamphlet, map or chart, in such numbers and for such term as said court shall judge just and reasonable: Provided said complainant shall give sufficient security before said court, to afford said reprinted edition at such , reasonable price as said court shall thereto affix. 15 And he it farther enacted. That any person or pei'sons who shall procure and print any unpublished manuscript, without the consent and approbation of the author or proprietor thereof, first had and obtained, (if such author or proprietor be living, and resident in, or inhabitant of these United States) shall be liable to suffer and pay to 20 the said author or proprietor his just damages for such injury; to be recovered by action brought on this statute, in any court of law in this State, proper to try the same. Provided always. That nothing in this act shall extend to affect, prejudice or confirm the rights wiich any person may have to the 26 printing or publishing of any book, pamphlet, map or chart, at com- mon law, in cases not mentioned in this act, or to screen from legal punishment any person or persons whq may be guilty of printing or publishing any book, pamphlet or paper that may be prophane, trea- sonable, defamatory, or injurious to government, morals or religion. 30 Provided also, That this act shall not extend, or be construed to extend in favour, or for the benefit of any author or persons residing in, or inhabitant of any other of the United States, until the State or States, in which such person or persons reside or dwell, shall have passed similar laws in favour of the authors of new publications, and 35 their heirs and assigns. (Note. — ^This act was repealed by the act, Chapter IX, October ses- sion, 1812 of the general assembly of State of Connecticut, "Public State Laws of the State of Connecticut, Book II, October Session, 1812," p. 104. For text of this act see note 1, page 113.) 40 In "Acts and Laws of the State of Connecticut, in America [Compiled by Roger Sherman and Richard Law]." fol. New- London, printed by Timothy Green, 1784, pp. 133-134. In "Acts and laws of Connecticut [by K. Sherman and R. Law." 2d issue.] 8vo. Hartford, E. Babcock, 1786, pp. 133-134. 45 In "Acts and laws of the State of Connecticut. [Compiled by Ohauncey Goodrich, Jonathan Brace, and Enoch Perkins.] " 8vo. Hartford, Hudson & Goodwin, 1796-['98J, pp. 282-284. 14 COPYRIGHT ENACTMENTS, 1783-1906. 1 In "Acta and laws of the State of Connecticut." 8vo. Hartford, Hudson & Goodwin, 1805, pp. 282-284. In "The public statute law of the State of Connecticut. [Compiled by J. Tread well, Enoch Perkins, and Thomas Day.]" Book 1, 8vo. Hartford, 5 Hudson & Goodwin, 1808, pp. 474-476. MASSACHUSETTS, a AN ACT for the purpose of securing to authors the exclusive right and benefit of publishing their literary productions, for twenty-one years. Whereas the improvement of knowledge, the progress M h'i7 '^^ civilization, the public weal of the community, and the advancement of human happiness, greatly depend on the efforts of learned and ingenious persons in the various arts and sciences: As the principal encouragement such persons can have to make great 16 and beneficial exertiotas of this nature, must exist in the legal security of the fruits of their study and industry to themselves; and as such security is one of the natural rights of all men, there being no prop- erty more peculiarly a man's own than that which is produced by the labour of his mind: 20 Therefore, to encourage learned and ingenious persons to write useful books for the benefit of mankind: J3e it enacted hy the Senate and House of Representatives in Gen- eral Court assembled, and iy the authority of the sains. That all books, treatises, and other literary works, having the name or names of the 25 author or authors thereof printed and published with the same, shall be the sole property of the said author or authors, being subjects of the United States of America, their heirs and assigns, for the full and com- pleat term of twenty -one years, from the date of their first publication. And ie it further enacted iy the authority aforesaid. That if any 30 person or persons shall print, re-print, publish, sell or expose to sale, or shall cause to be printed, re-printed, published, sold, or exposed to sale, any book, treatise, or other literary work, not yet printed, writ- ten by any subject of the United States of America, whose name, as author, shall have been thereto prefixed, without consent of the author 35 or authors, or their assigns, during said term, shall forfeit and pay a sum not exceeding three thousand pounds, uovl&ssih^iii five pounds, to the use of such author or authors, or their assigns; to be recovered by action of debt in any court of record proper to try the same. Pro- vided always, that every author of such book, treatise, or other literary 40 work shall, in order to his holding such sole property in them, pi-esent two printed copies of each and every of them to the library of the University of Cambridge, for the use of the said university ; and prior to the recovery of the said forfeiture, or any part thereof, shall produce, in aNoTE. — An interesting early "order" of the Massachusetts Bay Colony, enacted AK May 15, 1672, provided for the enforcement of contracts between authors and print- ers to prevent the printing of more copies of an author's books than the author him- self had agreed upon. For the full text of this document see Note 2, page 113. MARYLAND: ACT OF APRIL 2i, 1783. 15 open court where such action shall be tried, a receipt of such book, 1 ti'eatise, or other literary work from the librarian of the said university for the time being. Provided also, that this act shall not be construed to extend in favor or for the benefit of any author or authors, subject or subjects of any other of the United States, until the State or States 5 of which such authors are subjects shall have passed similar laws for securing to authors the exclusive right and benefit of publishing their literary productions. (This act passed March 17, 1783. Chap. 26, of the "Acts and laws passed by the great and general court or assembly of Massachusetts: 10 Begun and held at Boston, the 29th of May, A. D. 1782; and from thence continued by adjournments to Wednesday, the 29th of January following, and then met.") In "Acts and laws of the Commonwealth of Massachusetts." fol. Boston, B. Edes & Sons, 1781-['83] , p. 236. 15 In ' ' The perpetual laws of the Commonwealth of Massachusetts, 1780 to 1789. ' ' fol. Boston, Adams & Nourse, 1789, pp. 369-370. In "The general laws of Massachusetts, from the adoption of the Constitution, to 1822. By Asahel Steams and Lemuel Shaw, commissioners; Theron Metcalf, editor." Vol. 1, 8vo. Boston, 1823, pp. 80-81. MARYLAND. 20 AN ACT respecting literary property. Whereas printers, booksellers, and other persons may . .J ' take the liberty of printing, reprinting, and publishing, or causing to be printed, reprinted, and published, books 25 and other writings, without the consent of the authors or proprietors of such books and writings, to their great injury : For preventing therefore such practices, and for the encouragement of learned men, II. Be it enacted Tyy the general assemhVy of Ma/rylcmd, That the author of any book or books, writing or writings, already composed 30 and not printed or published, or that shall be hereafter composed, and his executors, administrators, or assigns, shall have the sole liberty of printing and reprinting such book or books, writing or writings, for the term of fourteen years, to commence from the day of the first publish- ing of the same; and that if anj'^ other person whatsoever, within the 35 time granted and limited by this act as aforesaid, shall print, reprint import or bring into the State, or cause to be printed, reprinted, imported or brought into the State, any such book or books, writing or writings, without the consent of the proprietor or proprietors thereof first had and obtained in writing, signed in the presence of two 40 or more witnesses, or knowing the same to be so printed, reprinted, imported or brought into the State, without the consent of the pro- prietors, shall sell, publish, or expose to sale, any such book or books, writing or writings, without such consent first had and obtained as aforesaid, then such offender or offenders shall forfeit such book or 45 16 COPYRIGHT ENACTMENTS, 1783-1906. 1 books, writing or writings, to the proprietor or proprietors; and further, that every such offender or offenders shall forfeit two-pence for every sheet which shall be found in his, her, or their custody, either printed or printing, published or exposed to sale, contrary to 5 the true intent and meaning of this act. in. And, whereas many persons may through ignorance offend against this act, unless some provision be made, whereby the property in every such book as is intended bv this act to be secured to the proprietor or proprietors thereof may be ascertained: Therefore, be it enacted 10 that nothing in this act contained shall be construed to extend to sub- ject any person whatsoever to the forfeitures and penalties herein men- tioned, or by reason of the printing, reprinting, importing, bringing into the State, or causing to be brought into the State, selling or exposing to sale, of any book or books, writing or writings, without 15 the consent of the proprietor or proprietors, unless the title to the copy of such book or books, writing or writings, hereafter published, shall, before such publication by the proprietor or proprietors, be entered into a register, to be kept by the clerk of the general court for that purpose; which register may, at all reasonable and convenient times, 20 be resorted to and inspected by any person, for the purpose before mentioned, without any fee or reward; and the clerk aforesaid, when and as often as thereunto required, shall give a certificate under his hand of such entry or entries, and for every such certificate may take and receive a fee of three shillings and nine-pence. 25 IV. And he it enacted. That all actions or informations for any offence that shall be committed against this act, shall be brought and commenced within twelve months after such offence committed, or the same shall be void and of none effect. V. Provided always. That after the expii'ation of the aforesaid term 30 of fourteen years, the sole right of printing or disposing of copies shall return to the authors thereof, if they are then living, for another term of fourteen years. VI. This act to commence and be in force from and after the time that similar laws shall be passed respecting literary property in all 35 and every of the United States. In "Laws of Maryland, made and passed, at a session of assembly, begun and held at the city of Annapolis on Monday the 21st of April, 1783." fol. Annap- olis, F. Green, printer to the State [1783], chapter 34. [The pages are not numbered.] 40 NEW JEESEY. AN ACT for the promotion and encoiiragement of literature. Whereas learning tends to the embellishment of human „ ' nature, the honour of the nation, and the general good of mankind; and as it is perfectly agreeable to the princi- 45 pies of equity, that men of learning who devote their time and talents NEW jersey: act of may 27, 1783. 17 to the preparing treatises for publication, should have the profits that 1 may arise from the sale of their works secured to them: Therefore, Sec. 1. Be it enacted hy the council cmd genei'ol osserrMy of this State, and it is liexeby enacted hy the a/wthority of the sa/me. That the author of any book or pamphlet not yet printed, being an inhabitant 5 or resident in the United States of America, and his heirs and assigns, shall have the exclusive right of printing, publishing, and vending the same within this State for the term of fourteen years, to commence from the day of its first publication in this State; and if any person or persons within said term of fourteen j^ears, as aforesaid, shall pre- 10 suine to print any such book or pamphlet within this State, or to introduce into this State for sale any copies of such book or pamphlet printed beyond the limits of this State, or shall knowingly publish, vend, utter, or distribute the same without the consent of the author or proprietor thereof in writing, duly attested, every such person or 15 persons shall forfeit and pay to the author or proprietor of such book or pamphlet double the value of all the copies of such book or pam- phlet so printed, introduced, distributed, vended, or exposed for sale, to be recovered by such author or proprietor in any court of this State where the same may be cognizable: Provided, nevertheless. That 20 no author, assignee, or proprietor of any such book or pamphlet shall be entitled to the benefit of this act until he shall duly register his name as author, assignee, or proprietor, with the title of such book or pamphlet in the secretary's office of this State, who is hereby required to enter the same on record. 25 2. And ie it further enacted hy the autlwrity aforesaid. That at the expiration of said term of fourteen years, in the cases herein before mentioned, the exclusive right of printing and disposing of any such book or pamphlet in this State, shall return to the author thereof, if then living, his heirs and assigns, for the term of fourteen years more; 30 and that all and every person or persons who shall re-print, import, vend, utter, or distribute in this State any copies thereof without the consent of such author or proprietor obtained as aforesaid, during said second term of fourteen years, shall be liable to the same penalties, to be recovered in the same manner as is herein before directed. 35 Passed at Burlington, May 27, 1783. {^Note. — ^This act was repealed 23d session, 3d sitting, 1799.) Taken from "Acts of the seventh general assembly of the State of New Jersey, at a session begun at Trenton, on the 22d day of October, 1782, and continued by adjournments, being the second sitting." fol. Trenton, printed by Isaac 40 Collins, Printer to the State, 1783. Chapter 21, p. 47. Also printed in "Acts of the general assembly of the State of New Jersey, from the establishment of the present government to December, 1783. Com- piled by Peter Wilson." fol. Trenton, Isaac Collins, 1784, pp. 325-326. 31408—06 2 18 COPYEIGHT ENACTMENTS, 1783-1906. 1 NEW HAMPSHIRE. AN ACT for the enco'iragement of literature and genius, and for securing to authors the exclusive right and benefit of publishing their literary productions, for twenty years. 5 As the improvement of knowledge, the progress of j^ L civilization, and the advancement of human happiness, greatly depend on the efforts of ingenious persons in the various arts and sciences; as the principal encouragement such persons can have to make great and beneficial exertions of this nature, must 10 consist in the legal security of the fruits of their study and industry to themselves; and as such security is one of the natural rights of all men, there being no property more peculiarly a man's own than that which is produced by the labour of his mind: Therefore, to encourage the publication of literary productions, honorary and beneficial to the 15 public, JBe it enacted hy the coutwU and house of representati/oes m general assembly comuened^ and hy the authority of the same, That all books, treatises, and other literary works, having the name or names of the author or authors thereof, printed and published with the same, shall 20 be the sole property of the said author or authors, being subjects of the United States of America, their heirs and assigns, for the full and complete term of twenty years from the date of their first publication. And it isfwrther enacted hy the authority aforesaid. That if any per- son or persons shall print, re-print, publish, sell, or expose to sale; or 25 shall cause to be printed, re-printed, published, sold, or exposed to sale, any book, treatise, or other literary work, not yet printed, written by any subject of the United States of America whose name as author shall have been thereto prefixed without the consent of the author or authors, or their assigns, during said term, shall forfeit and pay a simi 30 not exceeding one thousand pounds nor less than five pounds, to the use of such author or authors, or their assigns; to be recovered by action of debt in any court of record proper to try the same. , Provided ahoays. That this act shall not be construed to extend in favour, or for the benefit of any author or authors, subject or subjects 35 of any other of the United States, until the State or States of which such authors are subjects shall have passed similar laws for securing to authors the exclusive right and benefit of publishing their literary productions. {Note. — This Act was included in the list of acts repealed, contained 40 in title 30, chap. 230, of "The Revised Statutes, passed December 23, 1842," pp. 475^77.) In "The Perpetual Laws of the State of New-Hampshire, from July, 1776, to the session in December, 1788, continued into 1789." 8vo. Portsmouth, J. Mel- cher, 1789, pp. 161-162. ^5 In "The laws of the State of New-Hampshire." 8vo. Portsmouth, J. Mel- cher, 1792, pp. 277-278. KHODE island: ACT OF 1783. 19 In "The laws of New-Hampshire." 8vo. Portsmouth, J. Melcher, 1797, 1 pp. 308-309. In "Constitution and laws of the State of New-Hampshire." 8vo. Dover, S. Bragg, jr. , 1805, pp. 294-295. In "The laws of New-Hampshire." 8vo. Exeter, C. Norris & Co., 1815, 5 pp. 365-366. In "The laws of New-Hampshire." 8vo. Hopkinton, I. Long, jr., 1830, pp. 174-175. RHODE ISLAND. AN ACT for the purpose of securing to authors the exclusive right and benefit of 10 publishing their literary productions, for twenty-one years. Whereas the improvement of knowledge, the progress ^ ' of civilization, the public weal of the community, and the advancement of human happiness, greatly depend on the efforts of learned and ingenious persons, in the various arts and 15 sciences; as the principal encouragement such persons can have to make great and beneficial exertions of this nature, must exist in the legal security of the fruits of their study and industry to themselves; and as such security is the natural right of all men, there being no property more peculiarly a man's own than that which is produced 20 by the labour of his mind; Be it therefore enacted iy this general assembly, and hy the authority thereof it is enacted^ That all books, treatises, and other literary pro- ductions, having the name of the author or authors thereof published and printed with the same, shall be the sole property of such author 25 or authors, being citizens of the United States of America, their heirs and assigns, for the full and complete term of twenty-one years from the date of the publication. And he it further enacted hy the authority aforesaid^ That if any person or persons shall print, reprint, publish, sell, or expose to sale, 30 or shall cause to be printed, reprinted, published, sold, or exposed to sale, any book, treatise, or other literary production, not yet printed, written by any citizen or citizens of the United States of America, whose name or names, as author or authors, shall be thereto prefixed, without the consent of the author or authors, or their assigns, during 36 the said term of twenty-one years, shall forfeit and pay a sum not exceeding three thousand pounds, lawful money, nor less than five pounds, to the use of such author or authors, or their assigns, to be recovered by action of debt, in any coart of record proper to tiy the same. ■ ^0 Provided nevertheless, a/nd it is further enacted, That this act shall not be construed to extend to the favour or benefit of any author or authors, being a citizen or citizens of any other of the said United States, until the State whereof he or they are citizen or citizens shall pass similar laws for securing to authors the exclusive right 45 and benefit of publishing their literary productions. 20 COPYRIGHT ENACTMENTS, 1783-1906. 1 Printed in "December, 1783. At the general assembly of the governor and company of the State of Rhode-Island apd Providence-Plantations, begun and holden at East-Greenwich on the 4th Monday of December, 1783. ' ' fol. [Prov- idence, printed by J. Carter, 1783,] pp. 6-7. 5 PENNSYLVANIA. AN ACT for the encouragement and promotion of learning by vesting a right to the copies of printed books in the authors or purchasera of such copies, during the time therein mentioned. Sec. I. Whereas the honorable the Congress of the 1784 10 -lyr . ',g United States, by their resolution of the second day of May, one thousand seven hundred and eighty-three, have recommended to the several States to secure to the authors or publish- ers of any new books not hitherto printed, being citizens of the United States, and to their executors, administrators, and assigns, the copy 15 right of such books for a certain time. Sec. II. And whereas printers, booksellers, and other persons have heretofore frequently taken the liberty of printing, reprinting, and publishing, or causing to be reprinted and published books and other writings without the consent of the author or proprietors of such books . 20 and writings, to their very great detriment and the damage of their families; for preventing, therefore, such practice for the future, and for the encouragement of learned men to compose and write useful books; and in order to give all due force to the recommendations of Congress: 25 Sec. III. Be it enacted^ and it is hereby enacted by the representa- ti/ves of the freemen of the Commonwealth of Pennsyloania in general assembly met, and Tyy the authority of the sams. That from and after the passing of this act, the author of any book or pamphlet not yet printed, being a citizen of the United States of America, and his heirs 30 and assigns, shall have the exclusive right of printing, publishing, and vending the same within this State for the term of fourteen years, to commence from the day of its first printing or publication in this State; and if any person or persons within the term of fourteen years as aforesaid, shall presume to print, publish, vend, or distribute any 35 such book or pamphlet within this State; or to introduce into this State for sale any copies of such book or pamphlet, printed beyond the limits of this State, without the consent of the author or proprietor thereof first lawfully obtained, every such person or persons shall forfeit and pay to the author or proprietor of such book or pamphlet double the 40 value of all the copies of such book or pamphlet so printed, published, vended, distributed or introduced for sale, to be recovered by such author or proprietor in any court of this State where the same may be cognizable; or, if under the value of five pounds, before any two jus- tices of the county where such oflEense is committed; 45 Sec. IV. Provided nevertheless. That no author, assignee, or pro- PENNSYLVANIA: ACT OF MARCH 15, 1784. 21 prietor of any such book or pamphlet shall be entitled to the benefit 1 of this act, until he shall duly register his name as author, assignee, or proprietor, with the title of such book or pamphlet, in the prothono- tary's office in the city of Philadelphia, who is hereby required to enter the same on record^ for which he shall receive five shillings and 6 no more. Sec. V. And he itfurtlier enacted hy the omthority aforesaid^ That at the expiration of the aforesaid term of fourteen years in the cases herein before mentioned, the exclusive right of printing and disposing of any such book or pamphlet in this State, shall return to the author 10 thereof, if then living, his heirs and assigns, for the term of fourteen years more; and that all and every person or persons who shall reprint, publish, vend, distribute, or import within this State any copies thereof without the consent of such author or proprietor obtained as afore- said, during said second term of fourteen years, shall be liable to the 15 same penalties, to be recovered in the same manner as is herein before directed. Sec. VI. And provided also. That no author or proprietor of any book or pamphlet shall be entitled to the benefit of this act unless he shall insert on the back of the title page a copy of the certificate of 20 entry obtained of the prothonotary aforesaid, which the said prothon- otary is hereby required to grant without any further reward. Sec. VII. Provided n&vertheless. That this act shall not take place until such time as all and every of the States in the Union shall have passed laws similar to the same, in conformity to the recommendation 25 of Congress aforesaid. Signed by order of the House, George Gray, Speaker. Enacted into a law at Philadelphia, on Monday the fifteenth day of March, in the year of our Lord one thousand seven hundred and 30 eighty-four. Peter Z. Lloyd, Cleric of the General AsenMy. In " Laws enacted in the second sitting of the eightli general assembly of the Commonwealth of Pennsylvania, which commenced the 13th day of Jan., 1784." 35 fol. [Philadelphia, T. Bradford, 1784], pp. 306-308, Chapter 125. SOUTH CAROLINA. AN ACT for the encouragement of arts and sciences. Be it enacted hv the honorable the senate a/nd house of 1784 . ... , ' representatives, now met and sitting in general assembly, 40 and by the authority of the same, That from and after the first day of January, one thousand seven hundred and eighty -four, the author of any book or books already printed, who hath not transferred to any other the copy or copies of such book or books, share or shares 22 OOPYBIGHT ENACTMENTS, 1783-1906. 1 thereof, or the bookseller or booksellers, printer or printers, or other person or persons, who hath or have purchased or acquired the copy or copies of any book or books, in order to print or re-print the same, shall have the sole right and liberty of printing such book and books, 6 for the term of fourteen years, to commence from the said first day of January, and no longer; and that the author of any book or books already composed, and not printed and published, or that shall here- after be composed, and his assignee or assigns, shall have the sole liberty of printing and re-printing such book or books for the said 10 term of fourteen years, to commence from the day of first publishing the same, and no longer; and that if any other bookseller, printer or any other person whatsoever, from and after the first day of January, one thousand seven hundred and eighty -four, within the times granted and limited by this act as aforesaid, shall print, re-print, or import, or 16 cause to be printed, re-printed, or imported, any such book or books, without the consent of the proprietor or proprietors thereof, first had and obtained in writing, signed in the presence of two or more credi- ble witnesses; or knowing the same to be so printed or re-printed, without the consent of the proprietors, shall sell, publish, or expose to 20 sale, or cause to [be] sold, published, or exposed to sale, any such book or books, without such consent first had apd obtained as aforesaid; then such offender or offenders shall forfeit such book or books, and all and every sheet or sheets, being part of such book or books, to the proprietor or proprietors of the copy thereof, who shall forthwith 25 damask and make waste paper of them; and further, -that every such offender or offenders shall forfeit one shilling for every sheet which shall be found in his, her, or their custody, either printed or printing, published or exposed to sale, contrary to the true intent and meaning of this act; the one moiety thereof to the State, and the other 30 moiety thereof to any. person or persons that shall sue for the same, to be recovered in any court of record of the said State, by action of debt, bill, plaint or information, in which no wager of law, essoign, privilege or protection, or more than one imparlance, shall be allowed. And whereas many persons may, through ignorance, offend against 36 this act, unless some provision be made whereby the property in every such book, as is intended by this act to be secured to the proprietor or proprietors thereof, may be ascertained, as likewise the consent of such proprietor or proprietors for the printing or re-printing of such book or books may from time to time be known ; 40 Be it therefore furthei' enacted hy the authority aforesaid. That noth- ing in this act contained shall be construed to extend to subject any bookseller, printer, or other person whatsoever, to the forfeitures or penalties therein mentioned, fotor by reason of the printing or re-print- ing of any book or books, without such consent as aforesaid, unless the 45 title to the coj)y of such book or books hereafter published, shall, before SOUTH CAROLINA: ACT OF MARCH 26, 1784. 23 such publication, be entered in a register book provided for that pur- 1 pose by the secretary of the State, which register book shall at all times be kept at the secretary's office; and unless such consent of the pro- prietor or proprietors be in like manner entered as aforesaid, for every one of which several entries four shillings and eight pence sterling 5 shall be paid, and no more; which said register book may, at all office hours, be resorted to, and inspected, by any bookseller, printer, or other person, for the purposes before mentioned, without any fee or reward; and the secretary shall, when and as often as thereunto required, give a certificate under his hand of such entry or entries, and for every 10 such certificate may take a fee not exceeding two shillings and four pence. Provided, That nothing in this act contained do extend, or shall be construed to extend, to prohibit the importation, vending, or selling of any book in Greek, Latin, or any other foreign language, printed beyond the seas; anything in this act to the contrary notwith- 15 standing. Be itfv/rtKer enacted hy the authority aforesaid, That whenever any such author or proprietor of such book or pamphlet shall neglect to furnish the public with sufficient editions thereof, or shall sell the same at a price unreasonable, and beyond what may be adjudged a sufficient 20 compensation for his labour, time, expences, and risque of sale, the judges of the court of common pleas in this State, on complaint made therof to them in writing, are hereby authorized, empowered, and directed to summon such author, or proprietor, to appear before the next court of common pleas to be holden in the district where such 25 author, or proprietor, dwells, if a resident in this State; if not, in the district where such complainant resides; and the said court are hereby authorized and required to enquire into the justice of the said com- plaint; and, if the same be found true, to take sufficient recognizance and security of such author, or proprietor, conditioned that he shall, 30 within such reasonable time as the said court shall direct, publish, and offer for sale in this State, a sufficient nimiber of copies of such book or pamphlet, at such reasonable price as the said court shall, on due consideration, affix; and if such author, or proprietor, shall, before said court, neglect or refuse to give such security as aforesaid, the 35 said court are hereby authorized and empowered to give to such com- plainant a full and ample licence to reprint and publish such book or pamphlet, in such number and for such term as said court shall judge just and reasonable, provided such complainant shall give sufficient security before such court, to afford such re-printed edition at such rea- 40 sonable price as the said coui't shall thereto affix. And he it further enacted hy the cmtlwrity aforesaid. That the inven- tors of useful machines shall have a like exclusive privilege of making or vending their machines for the like term of fourteen years, under the same privileges and restrictions hereby granted to, and imposed 4-5 on, the authors of books. 24 COPYRIGHT ENACTMENTS, 1783-1906. 1 And he it further enacted iy the authority aforesaid. That if any action or suit shall be commenced or brought against any person or persons whatsoever, for doing, or causing to be done, anything in pursuance of this act, the defendants in such case may plead the gen- 6 eral issue, and give the special matter in evidence; and if, upon such action, a verdict be given for the defendant, or the plaintiff become nonsuited, or discontinue his action, then the defendant shall have and recover his full costs, for which he shall have the same remedy as a defendant in any case by law hath. 10 Provided nevertheless. That all actions, suits, bills, indictments, or informations, for any offence that shall be committed against this act, shall be brought, sued, and commenced, within three months next after such offence committed, or else the same shall be void and of none effect. 15 Provided always. That after the expiration of the said term of four- teen years, the sole right of printmg, or disposing of copies, shall return to the authors thereof, if they are then living, for another term of fourteen years. In the senate-house, the 26th day of March, 1784, and in the eighth 20 year of the independence of the United States of America. John Llotd, President oftKe Senate. Hugh Kutledge, Speaker of the House of Sepresentatvoes. 25 In "Acts, Ordinances, and Resolves of the General Assembly of the State of South Carolina, passed in the year 1784." 4to. Charleston, printed by J. Miller, 1784, pp. 49-^1. VIRGINIA. AN ACT securing to the authors of literary works an exclusive property therein for 30 a limited time. Section I. Be it enacted hy the general assembly. That ^ , ' the author of any book or pamphlet already printed, being a citizen of any one of the United States, who has not transfeiTed to any other person or persons the copy or copies of 35 any such book or pamphlet, share or shares thereof, his heirs and assigns, or the person or persons who have purchased or acquired such copy or copies, share or shares, in order to print or re-print the same, his heirs and assigns shall have the exclusive right of printing and re-printing such book or pamphlet, within this Commonwealth, for 40 the term of twenty -one years, to be computed from the first publication thereof; and that the author of any book or pamphlet already com- posed and not printed or published, or that shall hereafter be composed, being a citizen, as aforesaid, his heirs and assigns shall have the exclu- sive right of printing and re-printing such book or pamphlet, within NOKTH CAROLINA: ACT OF NOVEMBER 19, 1785. 25 this Commonwealth, for the like term of twenty-one years, to be com- 1 puted from the first publication thereof. And if any person or per- sons whatsoever, shall print, re-print, or cause to be printed, or re-printed, within this Commonwealth, any such book or pamphlet; or shall import into this Commonwealth, from any foreign Kingdom 5 or State, any printed or re-printed copies of such book or pamphlet; without the consent of the author or proprietor thereof first obtained in writing, signed in presence of two credible witnesses at least; or who, knowing the same to be so printed, re-printed, or imported, with- out such consent first had and obtained, shall publish, sell, or expose 10 to sale, or cause to be published, sold, or exposed to sale, any copy or copies of any such book or pamphlet; the person or persons offending herein, shall forfeit to the party injured, double the value of all the copies so printed, re-printed, or imported; or so published, sold, or exposed to sale; to be recovered at the suit of such party, in any court 15 of record within this Commonwealth. Sec. II. Provided neverthdess, That no person shall be entitled to the benefit of this act, until he shall have registered the title of such book or pamphlet with the clerk of the council, and procured a cer- tificate of -such registry from the said clerk; which certificate the 20 clerk is hereby required to give, taking only three shillings for his trouble. In "Acts passed at a General Assembly of the Commonwealth of Virginia. BegunandheldinEichmond, on the 17th day of October, 1785." fol. Eichmond, printed by J. Dunlap & James Hayes [1785], pp. 8-9. 25 In "The Statutes at large; being a collection of all the laws of Virginia, from 1619, by William Waller Hening." Vol. 12, 8vo. Eichmond, 1823, pp. 30-31. NOETH CAEOLINA. At a general assembly, begun and held at Newbern, on the 19th day of November, in the year of our Lord 1785: Being the first session of 30 this assembly. Chapter 26. AN ACT for securing literary property. Whereas nothing is more strictly a man's own than the No e be 19 ^™* °^ ^^^ study, and it is proper that men should be encouraged to pursue useful knowledge by the hope of 35 reward; and as the security of literary property must greatly tend to encourage genius, to promote useful discoveries, and to the general extension of arts and commerce: ,1. £e it enacted hy the general assemily of the State of North Caro- lina, and it is hereby enacted iy the OAithority of the same, That the 40 author of any book, map or chart, not hitherto printed, who is a citi- zen of the United States, and his heirs and assigns, shall have the sole liberty of printing, publishing, and vending the same within this State for the term of fourteen years, to commence on the day of its publi- 26 COPYRIGHT ENACTMENTS, 1783-1906, 1 cation; and if any person or persons within the said term of fourteen years, shall presume to print, reprint, or publish any such book, map or chai-t within this State, or shall import any copy or copies of the same, which have been reprinted beyond the limits of the State, and 6 shall knowingly publish, distribute, or vend the same without the con- sent of the author or proprietor, in writing, signed in the presence of two credible witnesses, such offender or offenders shall forfeit to the proprietor all the books, maps or charts thus printed, reprinted, imported, published, or offered for sale, together with double the 10 value of the articles so imported; one moiety of which money shall go to the State, the other moiety to him who shall sue for the same for the benefit of the party injured, in any court of record within this State. Provided neverthdess, That no author or proprietor of any such book, map or chart, shall be entitled to the benefit of this act, unless 15 he shall, before publication, duly enter his name as author or proprietor, together with the title of the book, map or chart to be published, in the office of the secretary of the State, who is hereby directed to enter the same on record; nor unless he shall, before publication, have deliv- ered to the secretary of the State one copy of such book, map or chart 20 for the use of the executive of the State; of which entry and for which copy the secretary is hereby required to give him a certificate and receipt. II. And he it further eno/oted. If the author or publisher of any book as aforesaid, shall set an unreasonable price on the same, regard being 25 had to the probable labour, expence, and risk of such author and pub- lisher, the judges of the supreme coui't, on complaint thereof made in writing by two or more persons, are hereby authorized and empowered to summons such author or publisher to appear before next supreme court, to be holden in that county or district where such author or 30 publisher usually resides; and said court shall enquire into the justice of the complaint, and if the same, on full examination, shall appear to be well founded, they shall correct or settle the price; and if said author or publisher after such price is fixed by the court, shall sell any book at a higher rate, he shall for every offence forfeit twenty 36 Spanish milled dollars, one moiety to the State and the other moiety to the person who shall sue for the same. III. And he it further enacted, That every author who is a citizen in any of the United States, and whose work shall originally be published in any of the United States where laws similar to this are or may be 40 passed for the security of literary property, or his assigns, being also citizens of the United States, shall be entitled to the benefit of this act and none others. Provided ahoays, That nothing contained in this act shall be construed to prevent any person from reprinting any book, map or chart that has been published; or from importing, reprinting, 46 or publishing any book, map or chart that shall be originally pub- Georgia: act of febrttary 3, 1786. 27 lished in any other country; nor shall anything in this act be construed 1 to encourage or protect any authors or publishers of books, maps or charts which may be dangerous to civil liberty, or to the peace or morals of society. In "Laws of the State of North-Carolina. Published, according to Act 5 of Assembly, by James Iredell." fol. Edenton, Hodge & Wills, 1791, pp. 563-564. GEORGIA. AN ACT for the encouragement of literature and genius. Whereas the principles of natural equity and justice, 10 Feb 3 require that every author should be secured in receiving the profits that may arise from the sal© of his works, and such security may encourage men of learning and genius to publish their writings, which may do honor to their country, and service to mankind: 15 Be it enacted hy the representatives of the freemen of the State of Georgia, in general assemih/ met, and hy the authority of the same, That the author of any book or pamphlet not yet printed, or of any map or chart, being an inhabitant or resident in these United States, and his heirs and assigns, shall have the sole liberty of printing, pub- 20 lishing, and vending the same, within this State, for the term of four- teen years, to commence from the day of its first publication in this State: And if any person or persons, within said term of fourteen years, shall presume to print or re-print any such book, pamphlet, map or chart, within this State, or to import or introduce into this State for 25 sale, any copies thereof, re-printed beyond the limits of this State, or shall knowingly publish, vend, and utter or distribute the same, with- out the consent of the proprietor thereof in writing, signed in the presence of two credible witnesses, every such person or persons shall forfeit and pay to the proprietor of such book, pamphlet, map or 30 chart, double the value of all the copies thereof so printed, imported, distributed, vended, or exposed for sale, to be recovered by such pro- prietor in due course of law: Provided nevertheless. That no author, assignee, or proprietor, of any such book, pamphlet, map or chart shall be entitled to take the benefit of this statute, until he shall duly 35 register his name as author, assignee, or proprietor, with the title thereof, in the office of the Secretary of the State, .who is hereby empowered and directed to enter the same on record. n. And he it further enacted hy the authority aforesaid. That at the expiration of the said term of fourteen years in the cases above men- 40 tioned, the sole right of printing and disposing of any such book, pamphlet, map or chart in this State, shall return to the author thereof, if then living, and his heirs and assigns, for the term of fourteen years more, to commence at the end of the said first term: And that all 28 OOPYEiaHT ENACTMENTS, 1783-1906. 1 and every person or persons who shall re-print, import, vend, utter, or distribute in this State, any copies thereof without the consent of such proprietor obtained as aforesaid during the said second term of fourteen years shall be liable to the same penalties, recoverable in the 5 same manner as is herein before enacted and provided. m. And, whereas it is equally necessary for the encouragement of learning, that the inhabitants of this State be furnished with useful books, &c., at reasonable prices: Be it further enacted. That whenever any such author or proprietor of such book, pamphlet, map or chai-t 10 shall neglect to furnish the public with sufficient editions thereof, or shall sell the same at a price unreasonable, and beyond what may be adjudged a sufficient compensation for his labor, time, expense, and risk of sale, the chief justice of the State, on complaint thereof made to him in writing, is hereby authorized and empowered to summon 16 such author or proprietor to appear before the next superior court to be holden in the county where such author or proprietor dwells, if a resident of this State, if not, in the county where such complainant dwells, and said court is hereby authorized and empowered to enquire into the justice of such complaint, and if the same be found true to 20 take sufficient security of such author or proprietor conditioned that he shall, within such reasonable time as the said court shall direct, pub- lish and offer for sale, in this State, a sufficient number of copies of such book, pamphlet, map or chart, at such reasonable price as said court shall, on due consideration affix; and if such author or proprietor 25 shall, before said court, neglect or refuse to give such securitj'^ as aforesaid, the said court is hereby authorized and empowered to give to such complainant a full and ample licence to re-print and publish such book, pamphlet, map or chart in such nmnbers and for such term as said court shall judge just and reasonable: Provided, said com- 30 plainant shall give sufficient security before said court to afford said re-printed edition at such reasonable price as said court shall thereto affix. ' IV. And ])e it further enacted. That any person or persons who shall procure and print any unpublished manuscript, without the consent and 35 approbation of the author or proprietor thereof first had and obtained, if such author or proprietor be living and resident in, or inhabitant of this or any other of the United States, shall be liable to suffer and pay to the said author or proprietor his just damage for such injury, to be recovered by action brought on this statute in any court of law in this 40 State proper to try the same: Provided always. That nothing in this act shall extend to affect, prejudice, or confirm the rights which any person may have to the printing or publishing of any book, pamphlet, map or chart at common law, in cases not mentioned in this act, or to screen from legal punishment any person or persons who may be 45 guilty of printing or publishing any book, pamphlet, or paper that NEW YORK: ACT OF APRIL 29, 1786. 29 may be prophane, treasonable, defamatory, or iniurious to govern- 1 ment, morals, or religion: Provided also, That this act shall not extend, orfbe construed to extend, in favor or for the benefit of any author or person residing in or inhabitant of any other of the United States until the State or States in which such person or persons reside or 5 dwell, shall have passed similar laws in favor of the authors of new publications, and their heirs and assigns. William Gibbons, Speahefr. Augusta, Fetmrnry 3, 1786. In ' 'A Digest of the Laws of the State of Georgia. From its first establishment 10 as a British province down to the year 1798, inclusive. By Kobert and George Watkins." 4to. Philadelphia, E. Aitken, 1800, pp. 323-325. In "Digest of the Laws of Georgia, from 1755 to 1800. By Horatio Marbury & William H. Crawford." 4to. Savannah, Seymour, Woolhopter & Stebbins, 1802, pp. 342-343. 15 NEW YORK. AN ACT to promote literature. Whereas it is agreeable to the principles of natural Anril 29 ^l^ity 3,nd justice that every author should be secured in receiving the profits that may arise from the sale of his or 20 her works; and such security may encourage persons of learning and genius to publish their writings, which may do honour to their country and service to mankind: I. Be it enacted iy the people of tlie State ofWew York, represented im. senate a/nd assembly, and it is hereby enacted hy the authority of the 25 samw. That the author of any book or pamphlet, being an inhabitant or resident in these United States, and his or her heirs and assigns, shall have the sole liberty of printing, publishing, and vending the same within this State, for the term of fourteen years, to commence from the day of its first publication in this State; and if any person or 30 persons within the said term of fourteen years as aforesaid, shall pre- sume to print or re-print any such book or pamphlet within this State, or to import or introduce into this State for sale, any copies of such book or pamphlet, reprinted beyond the limits of this State, or shall knowingly publish, vend, utter, or distribute the same, without the 35 consent of the proprietor thereof in writing, signed in the presence of two credible witnesses, every such person or persons shall forfeit and pay to the proprietor of such book or pamphlet, double the value of all the copies of such book or pamphlet .so re-printed, imported, dis- tributed, vended, or exposed to sale, to be recovered by such proprie- 40 tor in any court of law in this State, proper to try the same. Provided nevertheless, that no author, assignee, or proprietor of such book or pamphlet, shall be entitled to take the benefit of -this act, until he or she shall duly register his or her name, as author, assignee, or pro- 30 COPYRIGHT ENACTMENTS, 1783-1906. 1 prietor, with the title of such book or pamphlet in the office of the Secretary of this State, who is hereby empowered and directed to enter the same on record. II. Ayioi ie it furthefr enacted by the omthorii/y aforesadS, That at 6 the expiration of the said term of fourteen years, in the cases above mentioned, the sole right of printing and disposing of any such book or pamphlet in this State, shall return to 'the author thereof, if then living, and his or her heirs or assigns, for the term of fourteen years more, to commence at the end of the said first term, and that all and 10 every person or persons who shall re-print, import, vend, utter, or distribute in this State any copies thereof, without the consent of such proprietor obtained as aforesaid, during the said second term of four- teen years, shall be liable to the same penalties, recoverable in the same manner as is herein before enacted and provided. 15 Andwh^eas it is equally necessary for the encouragement of learn- ing, that the inhabitants of this State be furnished with useful books at reasonable prices: m. Be it further enacted hy the authority aforesaid, That whenever any such author or proprietor of such book or pamphlet shall neglect 20 to furnish the public with sufficient editions thereof, or shall sell the same at a price unreasonable, and beyond what may be adjudged a sufficient compensation for his or her labour, time, expences, and risque of sale, any one of the judges of the supreme court of judicature of this State, on complaint made thereof to him in writing, is hereby author- 25 ized and impowered to summon such author or proprietor to appear at the next supreme court of judicature, and the said court are hereby authorized and impowered to enquire into the justice of the said com- plaint, and if the same be found true, to take sufficient recognizance and security of such author or proprietor, conditioned that he or she 30 shall, within such reasonable time as the court shall direct, publish and offer for sale in this State, a sufficient number of copies of such, book or pamphlet, at snch reasonable price as the said court shall on due consideration affix, and if such author or proprietor shall neglect or refuse to give such security as aforesaid, the said court are hereby 35 authorized and empowered to give such complainant a full and ample licence to re-print and publish such book or pamphlet in such numbers and for such term as the said court shall judge just and reasonable: Provided, Such complainant shall give sufficient security before the said court to afford such re-printed edition at such reasonable price as 40 the said court shall thereto 5j,ffix. IV. And he it further enacted hy tlie a/uthoriiy aforesaid. That any person or persons who shall procure and print any unpublished manu- script, without the consent and approbation of the author or propri- etor thereof first had and obtained, if such author or proprietor be 45 living and resident in, or inhabitant of these United States, shall be constitution: AETICLE I, SEO. 8. 31 liable to pay to the said author or proprietor his or her damages for 1 such injury, to be recovered with costs, by action brought on this act in any court of record. Provided ahoays, that nothing in this act shall extend to effect, prejudice, or confirm the rights which any person may have to the printing or publishing of any book, or pamphlet, at 5 common law, in cases not mentioned in this act; or to authorize any person or persons to print or publish any book, pamphlet, or paper that may be profane, treasonable, defamatory, or injurious to govern- ment, morals, or religion. Provided also, that this act shall not extend or be construed to extend in favour or for the benefit of any 10 author or person residing in, or inhabitant of any other of the United States until the State in which such person resides or dwells shall have passed similar laws in favor of the authors of such new publications and their heirs and assigns. V. And l>e it fwrther enacted ly tJie authority aforesaid, That the 15 trustees of the Reformed Protestant Dutch Church, of Flat Bush, in the county of Kings, shall be, and they are hereby authorized to grant, bargain, and sell, in fee simple, such part or parts of their real estate within the said county, to such person or persons, and for such price or prices as they may think proper, for the express purpose of 20 erecting an academy in the said county. Provided, That the quan- tity which the said trustees shall grant and convey by virtue of this act shall not exceed six acres. In "La^s of the State of New- York, passed by the legislature of said State at their ninth session." fol. New York, printed by Samuel and John Loudon, 25 1786, pp. 99-100. .t Also in "Laws of the State of New York, comprising the constitution and the acts of the legislature since the Revolution, from the first to the twelfth, session, inclusive. [By Samuel Jones and Bichard Varick.]" v. 1. fol. New York, H. Gaine, 1789, pp. 320-322. 30 Also to be found in "Laws of the State of New- York, comprising the constitu- tion and the acts of the legislature since the Revolution, from the first to the twentieth, inclusive. [By Thomas Greenleaf.] " 2d. ed.,v. 1. 8°. New- York, T. Greenleaf, 1798, pp. 274-275. DELAWARE. 35 No copyright law seems to have been enacted by the State of Dela- ware. III. Pkovision of the Constitution as to the Copyright Legislation BT Congress. CONSTITUTION OF THE UNITED STATES, SEPTEMBER 17, 1787. < Article .1, Sec. 8. The Congress shall have power: 40 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. 32 COPYRIGHT EK A.CTM-ENTS, 1783-1906. IV. 1 Public Acts relating to Coptkight passed by the Congeess OF THE United States, 1790-1905. ORIGINAL COPYRIGHT ACT. (FIRST CONGRESS, SECOND SESSION, CHAPTER 15.) 5 AN ACT for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned. Section 1. Be it enacted hu the Senate amd JSmise of 1790 i . . . yr 01 Representatvoes of the United States of America in Con- 10 i, gre^s ossenMed, That from and after the passing of this act, the author and authors of any map, chart, book or books already printed within these United States, being a citizen or citizens thereof, or resident within the same, his or their executors, administrators or assigns, who hath or have not transferred to any other person the 15 copyright of such map, chart, book or books, share or shares thereof; and any other person or persons, being a citizen or citizens of these United States, or residents therein, his or their executors, adminis- trators or assigns, who hath or have purchased or legally acquired the copyright of any such map, Qhart, book or books, in order to print, 20 reprint, publish or vend the same, shall have the sole right and liberty' of printing, reprinting, publishing and vending such map, chart, book or books, for the term of fourteen years from the recording the title thereof in the clerk's office, as is herein after directed: And that the author and authors of any map, chart, book or books already made 35 and composed, and not printed or published, or that shall hereafter be made and composed, being a citizen or citizens of these United States, or resident therein, and his or their executors, administrators or assigns, shall have the sole right and liberty of printing, reprinting, publishing and vending such map, chart, book or books, for the like 30 term of fourteen years from the time of recording the title thereof in the clerk's office as aforesaid. And if, at the expiration of the said term, the p.uthor or authors, or any of them, be living, and a citizen or citi- zens of these United States, or resident therein, the same exclusive right shall be continued to him or them, his or their executors, admin- 35 istrators or assigns, fdr the further term of fourteen years: Provided, He or they shall cause the title thereof to be a second time recorded and published in the same manner as is herein after directed, and that within six months before the expiration of the first term of fourteen years aforesaid. 40 Sec. 2. And he it further enacted. That if any other person or per- sons, from and after the recording the title of any map, chart, book or books, and publishing the same as aforesaid, and within the times UNITED states: PUBLIC ACT OF MAY 31, 1790. 33 limited and granted by this act, shall print, reprint, publish, or import, 1 or cause to be printed, reprinted, published, or imported from any foreign Kingdom or State, any copy or copies of such map, chart, book or books, without the consent of the author or proprietor thereof, first had and obtained in writing, signed in the presence of two or 6 more credible witnesses; or knowing the same to be so printed, reprinted, or imported, shall publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such map, chart, book or books, without such consent first had and obtained in writing as aforesaid, then such offender or offenders shall forfeit all and every 10 copy and copies of such map, chart, book or books, and all and every sheet and sheets, being part of the same, or either of them, to the author or proprietor of such map, chart, book or books, who shall forth- with destroy the same: And every such offender and offenders shall also forfeit and pay the sum of fifty cents for every sheet which shall be 15 found in his or their possession, either printed or printing, published, imported or exposed to sale, contrary to the true intent and meaning of this act, the one moiety thereof to the author or proprietor of such map, chart, book or books who shall sue for the same, and the other moiety thereof to and for the use of the United States, to be recovered 20 by action of debt in any court of record in the United States, wherein the same is cognizable. Provided ahoays, That such action be com- menced within one year after the cause of action shall arise, and not afterwards. Sec. 3. And he it further enacted^ That no person shall be entitled 25 to the benefit of this act, in cases where any map, chart, book or books, hath or have been already printed and published, unless he shall first deposit, and in all other cases, unless he shall before publication deposit a printed copy of the title of such map, chart, book or books, in the clerk's office of the district court where the author or proprietor shall 30 reside: And the clerk of such court is hereby directed and required to record the same forthwith, in a book to be kept by him for that pur- pose, in the words following, (giving a copy thereof to the said author or proprietor, under the seal of the court, if he shall require the same). "District of to wit: Be it remembered, that on the day 35 of in the year of the independence of the United States of America, A. B. of the said district, hath deposited in this office the title of a map, chart, book or books, (as the case may be) the right whereof he claims as author or proprietor, (as the case may be) in the words following, to wit: [here insert the title] in conformity to the 40 act of the Congress of the United States, intituled 'An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned.' C. D. clerk of the district of " For which the said clerk shall be entitled to receive sixty cents from the 45 31408—06 3 34 COPYRIGHT ENACTMENTS, 1783-1906. 1 said author or proprietor, and sixty cents for every copy under seal actually given to such author or proprietor as aforesaid. And such author or proprietor shall, within two months from the date thereof, cause a copy of the said record to be published in one or more of the 5 newspapers printed in the United States, for the space of four weeks. Sec. 4r. And he it further enacted, That the author or proprietor of any such map, chart, book or books, shall, within six months after the publishing thereof, deliver, or cause to be delivered to the Secretary of State a copy of the same, to be preserved in his office. 10 Sec. 5. A7id he it further enacted. That nothing in this act shall be construed to extend to prohibit the importation or vending, reprinting or publishing within the United States, of any map, chart, book or books, written, printed, or published by any person not a citizen of the United States, in foreign parts or places without the jurisdiction 15 of the United States. Sec. 6. And he it further enacted, That any person or persons who shall print or publish any manuscript, without the consent and appro- bation of the author or proprietor thereof, first had and obtained as aforesaid, (if such author or proprietor be a citizen of or resident in 20 these United States) shall be liable to suffer and pay to the said author or proprietor all damages occasioned by such injury, to be recovered by a special action on the case founded upon this act, in any court having cognizance thereof. Sec. 7. And he it further enacted. That if any person or persons 25 shall be sued or prosecuted for any matter, act or thing done under or by virtue of this act, he or they may plead the general issue, and give the special matter in evidence. Approved, May 31, 1790. In "The Public Statutes at Large of the United States of America, from the 30 Organization of the Government, in 1789, to March 3, 1845. Edited by Bichard Peters." Vol. 1, 8vo. Boston, 1845, pp. 124-126. SEVENTH CONGRESS, FIRST SESSION, CHAPTER 36. AN ACT supplementary to an act, intituled "An act for the encouragement of learn- ing, by securing the copies of maps, charts, and books to the authors and proprie- 35 tors of such copies during the time therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints. Be it enacted hy the Senate and House of Representatives A '1 29 '^^ ^^^ United States of America in Congress assembled. That every person who shall, from and after the first day ^Q of January next, claim to be the author or proprietor of any maps, charts, book or books, and shall thereafter seek to obtain a copyright of the same agreeable to the rules prescribed by law, before he shall be entitled to the benefit of the act, intituled "An act for the encourage- ment of learning, by securing the copies of maps, charts, and books, to UNITED states: PUBLIC ACT OF APRIL 29, 1802. 35 the authors and proprietors of such copies, during the time therein 1 mentioned," he shall, in addition to the requisites enjoined in the third and fourth sections of said act, if a book or books, give information by causing the copy of the record, which, by said act he is required to publish in one or more of the newspapers, to be inserted at full 5 length in the title-page or in the page immediately following the title of every such book or books; and if a map or chart, shall cause the following words to be impressed on the face thereof, viz: '"''Entered according to act of Congress, the day of 18 (here insert the date when the same was deposited in the oflSce) iy A. B. of 10 the State of (here insert the author's or proprietor's name and the State in which he resides). Sec. 2. And be it further enacted. That from and after the first day of January next, every person, being a citizen of the United States, or resident within the same, who shall invent and design, engrave, 15 etch or work, or from his own works and inventions, shall cause to be designed and engraved, etched or worked, any historical or other print or prints, shall have the sole right and liberty of printing, re-printing, publishing and vending such print or prints, for the term of fourteen years from the recording the title thereof in the clerk's 20 office, as prescribed by law for maps, charts, book or books: Pro- vided, he shall perform all the requisites in relation to such print or prints, as are directed in relation to maps, charts, book or books, in the third and fourth sections of the act to which this is a supplement, and shall moreover cause the same entry to be truly engraved on such 25 plate, with the name of the proprietor, and printed on every such print or prints as is herein before required to be made on maps or charts. Sec. 3. And ie it further enacted. That if any print-seller or other person whatsoever, from and after the said first day of January next, 30 within the time limited by this act, shall engrave, etch or work, as aforesaid, or in any other manner copy or sell, or cause to be engraved, etched, copied or sold, in the whole or in part, by varying, adding to, or diminishing from the main design, or shall print, re-print, or import for sale, or cause to be printed, re-printed, or imported for 85 sale, any such print or prints, or any parts thereof, without the consent of the proprietor or proprietors thereof, first had and obtained, in writing, signed by him or them respectively, in the presence of two or more credible witnesses; or knowing the same to be so printed or re-printed, without the consent of the proprietor or proprietors, shall 40 publish, sell, or expose to sale or otherwise, or in any other manner dispose of any such print or prints, without such consent fii'st had and obtained, as aforesaid, then such offender or offenders shall forfeit the plate or plates on which such print or prints are or shall be copied, and all and every sheet or sheets (being part of or whereon such print 45 36 COPYRIGHT ENACTMENTS, 1783-1906. 1 or prints are or shall be copied or printed) to the proprietor or pro- prietors of such original print or prints, who shall forthwith destroy the same; and further, that every such offender or offenders shall forfeit one dollar for every print which shall be found in his, her, or 5 their custody; either printed, published, or exposed to sale, or other- wise disposed of, contrary to the true intent and meaning of this act, the one moiety thereof to any person who shall sue for the same, and the other moiety thereof to and for the use of the United States, to be recovered in any court having competent jurisdiction thereof. 10 Sec. 4. And he it further enacted, That if any person or persons from and after the passing of this act, shall print or publish any map, chart, book or books, print or prints, who have not legally acquired the copyright of such map, chart, book or books, print or prints, and shall, contrary to the true intent and meaning of this act, insert therein 15 or impress thereon that the same has been entered according to act of Congress, or words purporting the same, or purporting that the copy- right thereof has been acquired; every person so offending shall for- feit and pay the sum of one hundred dollars, one moiety thereof to the person who shall sue for the same, and the other rhoiety thereof 20 to and for the use of the United States, to be recovered by action of debt in any court of record in the United States, having cognizance thereof. Provided ahoays. That in every case for forfeitures herein- before given, the action be commenced within two years from the time the cause of action may have arisen. 25 Approved, April 29, 1802. In "The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. Edited by Richard Peters." Vol. 2, Svo. Boston, 1845, pp. 171-172. FIFTEENTH CONGRESS, SECOND SESSION, CHAPTER 19. 30 -A-N ACT to extend the jurisdiction of the circuit courts of the United States to cases arising under the law relating to patents. £e it enacted iy the Senate and House of Sepreseniatives F b ' 15 '^ ^^ United States of America, in Congress assembled. That the circuit courts of the United States shall have 35 original cognisance, as well in equity as at law, of all actions, suits, controversies, and cases, arising under any law of the United States, granting or confirming to authors or inventors the exclusive right to their respective writings, inventions, and discoveries: and upon any bill in equity, filed by any party aggrieved in any such cases, shall 40 have authority to grant injunctions, according to the course and prin- ciples of courts of equity, to prevent the violation of the rights of any authors or inventors, secured to them by any laws of the United States, on such terms and conditions as the said courts may deem fit and reasonable: Provided^ however, That from all judgments and UNITED states: PUBLIC ACT OP FEBBUAKY 3, 1831. 37 decrees of any circuit courts, rendered in the premises, a writ of error 1 or appeal, as the case may require, shall lie to the Supreme Court of the United States, in the same manner, and under the same circum- stances, as is now provided by law in other judgments and decrees of such circuit courts. • 5 Approved, February 16, 1819. In "The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. Edited by Eichard Peters." Vol. 3, 8vo. Boston, 1846, pp. 481^82. TWENTY-FIRST CONGRESS, SECOND SESSION, CHAPTER 16. 10 AN ACT to amend the several acts respecting copyrights. Be it enacted Iry the Senate amd House of R&presenta- ' times of the United States of America, in Congress assem- fRevision') ^^5 That from and after the passing of this act, any person or persons, being a citizen or citizens of the 15 United States, or resident therein, who shall be the author or authors of any book or books, map, chart, or musical composition, which may be now made or composed, and not printed and published, or shall hereafter be made or composed, or who shall invent, design, etch, engrave, work, or cause to be engraved, etched, or worked from his 20 own design, any print or engraving, and the executors, administra- tors, or legal assigns of such person or persons, shall have the sole right and liberty of printing, reprinting, publishing, and vending such book or books, map, chart, musical composition, print, cut, or engraving, in whole or in part, for the term of twenty-eight years 25 from the time of recording the title thereof, in the manner hereinafter directed. Sec. 2. And ie it further enacted, That if, at the expiration of the aforesaid term of years, such author, inventor, designer, engraver, or any of them, where the work had been originally composed' and made 30 by more than one pei'son, be still living, and a citizen or citizens of the United States, or resident therein, or being dead, shall have left a widow, or child, or children, either or all then living, the same exclusive right shall be continued to such author, designer, or en- graver, or, if dead, then to such widow and child, or children, for the 35 further term of fourteen years: Provided, That the title of the work so secured shall be a second time recorded, and all such other regula- tions as are herein required in regard to original copyrights, be com- plied with in respect to such renewed copyright, and that within six months before the expiration of the first term. 40 Sec. 3. And he it further enacted. That in all cases of renewal of copyright under this act, such author or proprietor shall, within two months from the date of said renewal, cause a copy of the record 38 COPYEIGHT ENACTMENTS, 1783-1906. 1 thereof to be published in one or more of the newspapers printed in the United States, for the space of four weeks. Seo. 4. And he itfv/rther enacted. That no person shall be entitled to the benefit of this act, unless he shall, before publication, deposit a 5 printed copy of the title of such book, or books, map, chart, musical composition, print, cut, or engraving, in the clerk's office of the dis- trict court of the district wherein the author or proprietor shall reside, and the clerk of such court is hereby directed and required to record the same thereof forthwith, in a book to be kept for that purpose, in the 10 words following (giving a copy of the title, under the seal of the court, to the said author or proprietor, whenever he shall require the same:) "District of to wit: Be it remembered, that on the day of anno Domini, A. B., of the said district, hath deposited in this office the title of a book, (map, chart, or otherwise, as the 15 case may be,)the title of which is in the words following, to wit: (here insert the title;) the right whereof he claims as author'(or proprietor as the case may be;) in conformity with an act of Congress, entitled 'An act to amend the several acts respecting copyrights.' C. D., clerk of the district." For which record, the clerk shall be entitled 20 to receive, from the person claiming such right as aforesaid, fifty cents; and the like sum for every copy, under seal, actually given to such person or his assigns. And the author or proprietor of any such book, map, chart, musical composition, print, cut, or engraving, shall, within three months from the publication of said book, map, chart, 25 musical composition, print, cut, or engraving, deliver or cause to be delivered a copy of the same to the clerk of said district. And it shall be the duty of the clerk of each district court, at least once in every year, to transmit a certified list of all such records of copyright, including the titles so recorded, and the dates of record, and also all 30 the several copies of books or other works deposited in his office according to this act, to the Secretary of State, to be preserved in his office. Sec. 5. And he it further enacted. That no person shall be entitled to the benefit of this act, unless he shall give information of copyright 35 being secured, by causing to be inserted, in the several copies of each and everj'^ edition published during the term secured on the title-page, or the page immediately following, if it be a book, or, if a map, chart, musical composition, print, cut, or engraving, by causing to be impressed on the face thereof, or if a volume of maps, charts, music, 40 or engravings, upon the title or frontispiece thereof, the following words, viz: " Entered according to act of Congress, in the year , by A. B., in the clerk's office of the district court of ," (as the case may be.) Sec. 6. And he itfurtlier enacted. That if any other person or per- 45 sons, from and after the recording the title of any book or books, UNITED states: PUBLIC ACT OF FEBRUARY 3, 1831. 39 according to this act, shall, within the term or terms herein limited, 1 print, publish, or import, or cause to be printed, published, ov imported, any copy of such book, or books, without the consent of the person legally entitled to the copyright thereof, first had and obtained in writing, signed in the presence of two or more credible witnesses, 5 or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such book without such consent in writing; then such offender shall forfeit every copy of such book to the person legally, at the time, entitled to the copyright thereof; and shall also forfeit and 10 pay fifty cents for every such sheet which may be found in his posses- sion, either printed, or printing, published, imported, or exposed to sale, contrary to the intent of this act, the one moiety thereof to such legal owner of the copyright as aforesaid, and the other to the use of the United States, to be recovered by action of debt in any court 15 haA'ing competent jurisdiction thereof. Sec. 7. And he it furtlier enacted. That, if any person or persons, after the recording the title of any print, cut, or engraving, map, chart or musical composition, according to the provisions of this act, shall, within the term or terms limited by this act, engrave, etch, or 20 work, sell, or copy, or cause to be engraved, etched, worked, or sold, or copied, either on the whole, or by varying, adding to, or diminish- ing the main design with intent to evade the law; or shall print or import for sale, or cause to be printed, or imported for sale, any such map, chart, musical composition, print, cut, or engraving, or any parts 25 thereof, without the consent of the proprietor or proprietors of the copyright thereof, first obtained in writing, signed in the presence of two credible witnesses; or, knowing the same to be so printed or imported without such consent, shall publish, sell, or expose to sale, or in any manner dispose of any such map, chart, musical composition, 30 engraving, cut, or print, without such consent, as aforesaid; then such offender or offenders shall forfeit the plate or plates on which such map, chart, musical composition, engraving, cut, or print, shall be cop- ied, and also all and every sheet thereof so copied or printed as afore- said, to the proprietor or proprietors of the copyright thereof; and 35 shall further forfeit one dollar for every sheet of such map, chart, musical composition, print, cut, or engraving, which may be found in his or their possession, printed or published, or exposed to sale, con- traiy to the true intent and meaning of, this act; the one moietj' thereof to the proprietor or proprietors, and the other moiety to the 40 use of the United States, to be recovered in any court having compe- tent jurisdiction thereof. Sec. 8. And be it further enacted, That nothing in this act shall be constraed to extend to prohibit the importation or vending, printing, or publishing, of any map, chart, book, nmsical composition, print or 45 40 COPYRIGHT ENACTMENTS, 1183-1906, 1 engraving, written, composed, or made, by any person not being a cit- izen of the United States, nor resident within the jurisdiction thereof. Seo. 9. And le it further enacted, That any person or persons who shall print or publish any manuscript whatever without the consent of 5 the author or legal proprietor iirst obtained as aforesaid, (if such author or proprietor be a citizen of the United States, or resident therein,) shall be liable to suffer and pay to the author or proprietor, all damages occasioned by such injury, to be recovered by a special action on the case founded upon this act, in any court having cognisance 10 thereof; and the several courts of the United States empowered to grant injunctions to prevent the violation of the rights of authors and inventors, are hereby empowered to grant injunctions, in like manner, according to the principles of equity, to restrain such publication of any manuscript as aforesaid. 15 Sec. 10. And he it further enacted. That, if any person or persons shall be sued or prosecuted, for any matter, act, or thing done under or by virtue of this act, he or they may plead the general issue and give the special matter in evidence. Sec. 11. And he it further enacted. That, if any person or persons, 20 from and after the passing of this act, shall print or publish any book, map, chart, musical composition, print, cut, or engraving, not having legally acquired the copyright thereof, and shall insert or impress that the same hath been entered according to act of Congress, or words purporting the same, every person so offending shall forfeit and pay 26 one hundred dollars; one moiety thereof to the person who shall sue for the same, and the other to the use of the United States, to be recovered by action of debt, in any court of record having cognisance thereof. Sec. 12. AThd he it further enacted. That, in all recoveries under this 30 act, either for damages, forfeitures, or penalties, full costs shall be allowed thereon, any thing in any former act to the contrary notwith- standing. Sec. 13. And he itfwrther enacted. That no action or prosecution shall be maintained, in any case of forfeiture or penalty under ithis 35 act, unless the same shall have been commenced within two years after the cause of action shall have arisen. Sec. 14. And he it further enacted, That the "Act for the encour- agement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein 40 mentioned," passed May thirty-first, one thousand seven hundred and ninety, and the act supplementary thereto, passed April twenty-ninth, one thousand eight hundred and two, shall be, and the same are hereby, repealed: saving, always, such rights as may have been obtained in conformity to their provisions. 45 Seo. 15. And he it further enacted. That all and several the provi- UNITED states: PUBLIC ACT OP JUNE 30, 1834. 41 sions of this act, intended for the protection and security of copyrights, 1 and providing remedies, penalties, and forfeitures, in case of violation thereof, shall be held and construed to extend to the benefit of the legal proprietor or proprietors of each and every copyright heretofore obtained, according to law, during the term thereof, in the same man- 6 ner as if such copyright had been entered and secured according to the directions of this act. Sec. 16. And he it further enacted. That, whenever a copyright has been heretofore obtained by an author or authors, inventor, designer, or engraver, of any book, map, chart, print, cut, or engraving, or by 10 a proprietor of the same: if such author or authors, or either of them, such inventor, designer, or engraver, be living at the passage of this act, then such author or authors, or the survivor of them, such inven- tor, engraver, or designer, shall continue to have the same exclusive right to his book, chart, map, print, cut, or engraving, with the bene- 15 fit of each and all the provisions of this act, for the security thereof, for such additional period of time as will, together with the time which shall have elapsed from the first entry of such copyright, make up the term of twenty-eight years, with the same right to his widow, child, or children, to renew the copyright, at the expiration thereof, as is 20 above provided in relation to copyrights originally secured under this act. And if such author or authors, inventor, designer, or engraver, shall not be living at the passage of this act, then, his or their heirs, executors and administrators, shall be entitled to the like exclusive enjoyment of said copyright, with the benefit of each and all the pro- 25 visions of this act for the security thereof, for the period of twenty- eight years from the first entry of said copyright, with the like privilege of renewal to the widow, child, or children, of author or authors, designer, inventor, or engraver, as is provided in relation to copyrights originally secured under this act: Provided, That this act' shall not 30 extend to any copyright heretofore secured, the term of which has already expired. Approved, February 3, 1831. In "The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789 to March 3, 1845. Edited by Eichard 35 Peters." Vol. 4, 8vo. Boston, 1846, pp. 436-439. TWENTY-THIRD CONGRESS, FIRST SESSION, CHAPTER 157. AN ACT supplementary to the act to amend the several acts respecting copyrights. Be it enacted hy the Senate and House of Representatives T an of the United States of America, in Congress ossemMed, 40 That all deeds or instruments in writing for the transfer or assignment of copyrights, being proved or acknowledged in such manner as deeds for the conveyance of land are required by law to be proved or acknowledged in the same State or district, shall and may 42 COPYRIGHT ENACTMENTS, 1783-1906, 1 be recorded in the office where the original copyright is deposited and recorded; and every such deed or instrument that shall in any time hereafter be made and executed, and which shall not be proved or acknowledged and recorded as aforesaid, within sixty days after its 5 execution, shall be judged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration without notice. Sec. 3. And he it further enacted, That the clerk of the district court shall be entitled to such fees for performing the services herein authorized and required, as he is entitled to for performing like 10 services under existing laws of the United States. Approved, June 30, 1834. In "The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. Edited by Richard Peters." Vol. 4, 8vo. Boston, 1846, p. 728. 16 TWENTY-NINTH CONGRESS, FIRST SESSION, CHAPTER 178, Section 10. AN ACT to establish the "Smithsonian Institution," for the increase and diffusion of knowledge among men. Sec. 10. And he it further enacted, That the author or A t'lO pi'oprietor of any book, map, chart, musical composition, 20 print, cut, or engraving, for which a copyright shall be secured under the existing acts of Congress, or those which shall hereafter be enacted respecting copyrights, shall, within three months from the publication of said book, map, chart, musical composition, print, cut, or engi'aving, deliver, or cause to be delivered, one copy of 25 the same to the librarian of the Smithsonian Institution, and one copy to the Librarian of Congress Library, for the use of said libraries. Approved, August 10, 1846. In "The Statutes at Large and Treaties of the United States of America, from December 1, 1845, to March 3, 1851. Edited by George Minot." Vol.9, 8vo. 30 Boston, 1851, p. 106. THIRTY-THIRD CONGRESS, SECOND SESSION, CHAPTER 201, Section 5. AN ACT making appropriations for the service of the Post-OflBce Department dur- ing the fiscal year, ending the thirtieth of June, one thousand eight hundred and fifty-six. 35 Sec. 6. Andheit further enacted, That all books, maps, March 3 ''1^^'^ts? oi" other publications, entered for copyright, and which, under the act of August tenth, eighteen hundred and forty -six, are required to be deposited in the Library of Congress, and in the Smithsonian Institution, may be sent through the mails ^0 free of postage, under such regulations as the Postmaster-General may prescribe. Approved, March 3, 1855. In "The Statutes at Large and Treaties of the United States of America, from December 1, 1851, to March 3, 1855. Edited by George Minot." Vol. 10, 8vo. 45 Boston, 1855, p. 685. UNITED states: PITBLIO ACT OK AUGUST 18, 1856. 43 THIRTY-FOURTH CONGRESS, FIRST SESSION, CHAPTER 169. 1 AN ACT supplemental to an act entitled "An act to amend the several acts respect- ing copyright," approved February third, eighteen hundred and thirty-one. Be it enacted Tyy the Senate mid House of Representatives Aueust'lS ^-^ ^^^ United States of America in Congress assembled, 5 That any copyright hereafter granted under the laws of the United States to the author or proprietor of any dramatic composi- tion, designed or suited for public representation, shall be deemed and taken to confer upon the said author or proprietor, his heirs or assigns, along with the sole right to print and publish the said composition, the 10 sole right also to act, perform, or represent the same, or cause it to be acted, performed, or represented, on any stage or public place during the whole period for which the copyright is obtained ; and any mana- ger, actor, or other person acting, performing, or representing the said composition, without or against the consent of the said author or 16 proprietor, his heirs or assigns, shall be liable to damages to be sued for and recovered by action on the case or other equivalent remedy, with costs of suit in any court of the United States, such damages in all cases to be rated and assessed at such sum not less than one hun- dred dollars for the first, and fifty dollars for every subsequent perform- 20 ance, as to the court having cognizance thereof shall appear to be just: Provided, nevertheless. That nothing herein enacted shall impair any right to act, perform, or represent a dramatic composition as aforesaid, which right may have been acquired, or shall in future be acquired by any manager, actor, or other person previous to the securing of the 25 copyright for the said composition, or to restrict in anj'^ way the right of such author to process in equity in any court of the United States for the better and further enforcement of his rights. Approved, August 18, 1856. In "The Statutes at Large and Treaties of the United States of America, from 30 December 3, 1855, to March 3, 1859. Edited by George Minot and George P. Sanger." Vol. 11, 8vo. Boston, 1859, pp. 138-139. THIRTY-FIFTH CONGRESS, SECOND SESSION, CHAPTER 22, Section 8. AN ACT providing for keeping and distributing all public documents. Section 8. And he it fv/rther enacted. That all books, 35 _ , ' maps, charts, and other publications of every nature what- ever heretofore deposited in the Department of State according to the laws regulating copyrights, together with all the records of the Department of State in regard to the same, shall be removed to, and be under the control of the Department of the Interior, 40 which is hereby charged with all the duties connected with the same, and with all matters pertaining to copyright, in the same manner and to the same extent that the Department of State is now charged with the same; and hereafter all such publications of every nature what- 44 OOPYBIGHT ENACTMENTS, 1783-1906. 1 ever shall, under present laws and regulations, be left with, and kept by him.* Approved, February 5, 1859. In "The Statutes at Large and Treaties of the United States of America, from 6 December 3, 1855, to March 3, 1859. Edited by George Minot and George P. Sanger." Vol. ll,8vo. Boston, 1859, pp. 380-381. THIETY-SIXTH CONGRESS, SECOND SESSION, CHAPTER 37. AN ACT to extend the right of appeal from decisions of circuit courts to the Supreme Court of the United States. 10 JBe it enacted hy the Senate and House of Repr^entatvoes F b ' \% °f ^^ United States of America in Congress assembled^ That from all judgments and decrees of any circuit court rendered in any action, suit, controversy, or case, at law or in equity, arising under any law of the United States granting or confirming to 15 authors the exclusive right to their respective writings, or to invent- ors the exclusive right to their inventions or discoveries, a writ of error or appeal, as the case may require, shall lie, at the instance of either party, to the Supreme Court of the United States, in the same manner and under the same circumstances as is now provided by law 20 in other judgments and decrees of such circuit courts, without regard to the sum or value in controversy in the action. Approved, February 18, 1861. In "The Statutes at Large, Treaties, and Proclamations of the United States of America, from December 5, 1859, to March 3, 1863. Edited by George P. 26 Sanger." Vol. 12,8vo. Boston, 1863, pp. 130-131. THIRTY-EIGHTH CONGRESS, SECOND SESSION, CHAPTER 126. AN ACT supplemental to an act entitled ' 'An Act to amend the several acts respecting copyright," approved February third, eighteen hundred and thirty-one, and to the acts in addition thereto and amendment thereof. 30 Be it enacted hy the Senate amd House of Hepresen tatives March 3 of the United States of America in Congress assemiled. That the provisions of said act shall extend to and include photographs and the negatives thereof which shall hereafter be made, and shall enure to the benefit of the authors of the same in the same 35 manner, and to the same extent, and upon the same conditions as to the authors of prints and engravings. Sec. 2. And he it further enacted. That a printed copy of every book, pamphlet, map, chart, musical composition, print, engraving, or photograph, for which a copyright shall be secured under said acts, 40 shall be transmitted free of postage or other expense by the author or proprietor thereof, within one month of the date of publication, to the Library of Congress at Washington for the use of said library; and the Librarian of Congress is hereby required to give a receipt in writing for the same. *[i. e.j the Secretary of the Interior.] UTsriTED states: public act of PEBRUAEY 18, 1867. 45 Sec. 3. Av^d he it further enacted. That if any proprietor of a book, 1 pamphlet, map, chart, musical composition, print, engraving, or pho- tograph, for which a copyright shall be secured as aforesaid, shall neglect to deliver the same pursuant to the requirement of this act, it shall be the duty of the Librarian of Congress to make demand 5 thereof in writing, at any time within twelve pionths after the publi- cation thereof; and in default of the delivery thereof within one month after the demand shall have been made, the right of exclusive publi- cation secured to such proprietor under the acts of Congress respect- ing copyright shall be forfeited. 10 Sec. 4. And he it further enacted, That in the construction of this act the word "book" shall be construed to mean every volume arid part of a volume, together with all maps, prints or other engravings belonging thereto; and shall include a copy of any second or subse- quent edition which shall be published with any additions, whether 15 the first edition of such book shall have been published before or after the passing of this act : Provided, howemer. That it shall not be requisite to deliver to the said library any copy of the second or any subsequent edition of any book, unless the same shall contain addi- tions as aforesaid, nor of any book which is not the subject of copy- 20 right. Approved, March 3, 1865. In " The Statutes at Large, Treaties, and Proclamations of the United States of America, from December, 1863, to December, 1865. Edited by George P. Vol. 13, 8vo. Boston, 1866, pp. 540-641. 25 thirty-ninth congress, second session, chapter 43. AN ACT amendatory of the several acts respecting copyrights. Be it enacted hy the Senate and House of Refpresentatimes F b ' 18 '^ ^^ United States of America in Congress assemhled. That every proprietor of a book, pamphlet, map, chart, 30^ musical composition, print, engraving, or photograph, for which a copy- right shall have been secured, who shall fail to deliver to the Library of Congress at Washington, a printed copy of every such book, pamphlet, map, chart, musical composition, print, engraving, or photograph, within one month after publication thereof, shall, for every such 35 default, be subject to a penalty of twenty-five dollars, to be collected by the Librarian of Congress, in the name of the United States, in any district or circuit court of the United States within the jurisdiction of which the delinquent may reside or be found. Sec. 2. And he it further enacted, That every such proprietor may 40 transmit any book, pamp[h]let, map, chart, musical composition, print, engraving, or photograph, for which he may have secured a copyright, to the Librarian of Congress, by mail free of postage, provided the words "'copyright matter" be plainly written or printed on the out- 46 COPYRIGHT ENA.CTMENTS, 1783-1906. 1 side of the package containing the same; and it shall be the duty of the several postmasters and deputy postmasters, to give a receipt for the same, if requested, and when such package shall be delivered to them, or any of them, to see that the same is safely forwarded to its 5 destination by mail, without cost or charge to said proprietor. Approved, February 18, 1867. In "The Statutes at Large of the United States of America, from December, 1865, to March, 1867. Edited by George P. Sanger." Vol. 14, 8vo. Boston, 1868, p. 395. IQ FOETY-FIRST CONGBESS, SECOND SESSION, CHAPTER 230, SECTIONS 85-111. AN ACT to revise, consolidate, and amend the statutes relating to patents and copyrights. Sec. 85. And be it /urtker enacted, That all records and 15 T 1 o other things relating to copyrights and required by law to be preserved, shall be under the control of the Libra- rian of Congress, and kept and preserved in the Library of Congress; and the Librarian of Congress shall have the immediate care and supervision thereof, and, under the supervision of the Joint Com- 20 mittee of Congress on the Library, shall perform all acts and duties required by law touching copyrights. The Librarian shall cause a seal to be provided for said office, with, such device as the Joint Com- mittee on the Library may approve, with which all records or papers issued from said office, and to be used in evidence, shall be authen- 25 ticated. He shall also give an additional bond, with sureties, to the Treasurer of the United States, in the sum of five thousand dollars, with the condition that he will render to the proper officers of the Treasury a true account of all moneys received by virtue of his office. He shall also make an annual report to Congress of the number and 30 description of copyright publications for which entries have been made during the year. And the Librarian of Congress shall receive a yearly compensation of four thousand dollars, to commence when this act shall take effect. Sec. 86. And he it further enacted. That any citizen of the United 35 States, or resident therein, who shall be the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composi- tion, engraving, cut, print, or photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts, and his executors, 40 administrators, or assigns, shall, upon complying with the provisions of this act, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending the same; and in the case of a di-amatic composition, of publicly performing or rep- resenting it, or causing it to be performed or represented by others; UNITED states: PUBLIC ACT OP JULY 8, 1870. 47 and authors may reserve the right to dramatize or to translate their 1 own works. Sec. 87. Andie it furtJier enacted. That copyrights shall be graiuted for the term of twenty -eight years from the time of recording the title thereof, in the manner hereinafter directed. 5 Sec. 88. And he it furtJier enacted, That the author, inventor, or designer, if he be still living, and a citizen of the United States or resident therein, or his widow or children, if he be dead, shall have the same exclusive right continued for the further term of fourteen years, upon recording the title of the work or description of the arti- 10 cle so secured a second time, and complying with all other regula- tions in regard to original copyrights, within six months before the expiration of the first term. And such person shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more newspapers, printed in the 15 United States, for the space of four weeks. Sec. 89. And he itfurtJier enacted. That copyrights shall be assign- able in law, by any instrument of writing, and such assignment shall be recorded in the office of the Librarian of Congress within sixty days after its execution, in default of which it shall be void as against 20 any subsequent purchaser or mortgagee for a valuable consideration, without notice. Sec. 90. Andie itfv/rther enacted, That no person shall be entitled to a copyright unless he shall, before publication, deposit in the mail a printed copy of the title of the book or other article, or a descrip- 25 tion of the painting, drawing, chromo, statue, statuary, or model or design for a work of the fine arts, for which he desires a copyright, addressed to the Librarian of Congress, and, within ten days from the publication thereof, deposit in the mail two copies of such copyright book or other article, or in case of a painting, drawing, statue, statu- 30 ary, model or design for a work of the fine arts, a photograph of the same, to be addressed to said Librarian of Congress, as hereinafter to be provided. Sec. 91. And he it further enacted. That the Librarian of Congress shall record the name of such copyright book, or other article, forth- 36 with in a book to be kept for that purpose, in the words following: "Library of Congress, to wit. Be it remembered that on the day of , anno Domini , A. B., of , hath deposited in this office the title of a book, (map, chart, or otherwise, as the case may be, or description of the article,) the title or description of which 40 is in the following words, to wit; (here insert the title or description,) the right whereof he claims as author," originator, (or proprietor, as the case may be,) in conformity with the laws of the United States respect- ing copyrights. C. D., Librarian of Congress." And he shall give a copy of the title or description, under the seal of the Librarian of Con- 45 gress, to said proprietor whenever he shall require it. 48 COPYRIGHT ENACTMENTS, 1783-1906. 1 Sec. 92. And he it further enacted. That for recbi'ding the title or description of any copyright book or other article, the Librarian of Congress shall receive, from the person claiming the same, fifty cents; and for every copy under seal actually given to such person or his 5 assigns, fifty cents; and for recording any instrument of writing for the assignment of a copyright, fifteen cents for every one hundred words; and for every copy thereof, ten cents for every one hundred words, which moneys, so received, shall be paid into the Treasury of the United States. 10 Sec. 93. And he it further^ &nacted, That the proprietor of every copyright book or other article shall mail to the Librarian of Congress at Washington, within ten days after its publication, two complete printed copies thereof, of the best edition issued, or description or photograph of such article as hereinbefore required, and a copy of IS every subsequent edition wherein any substantial changes shall be made. Sec. 94. And he it further enacted, That in default of such deposit in the post-office, said proprietor shall be liable to a penalty of twenty- five dollars, to be collected by the Librarian of Congress, in the name 20 of the United States, in an action of debt, in any district court of the United States within the jurisdiction of which the delinquent may reside or be found. Sec. 95. And he itfurtJi&r enacted, That any such copyright book or other article may be sent to the Librarian of Congress by mail, free of 25 postage, provided the words "Copyright matter" are plainly written or printed on the outside of the package containing the same. Sec. 96. And he it further enacted, That the postmaster to whom such copyright book, title, or other article is delivered, shall, if requested, give a receipt therefor; and when so delivered he shall mail it to its 30 destination, without cost to the proprietor. Sec. 97. And he it further enacted, That no person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition pub- lished, on the title page or the page immediately following, if it be a 36 book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected and completed as a work of the fine arts, by inscribing upon some portion of the face or front thereof, or on the face of the substance on which the same shall be mounted, the 40 following words, viz. : " Entered according to act of Congress, in the year , by A. B., in the office of the Librarian of Congress, at Washington." Sec. 98. And he it fv/rther enacted. That if any person shall insert or impress such notice, or words of the same purport, in or upon any 46 book, map, chart, musical composition, print, cut, engraving, or photo- UNITED STATE8: PUBLIC ACT OF JULY 8, 1870. 49 graph, or other articles herein named, for which he has not obtained a 1 copyright, every person so offending shall forfeit and pay one hundred dollars; one moiety thereof to the person who shall sae for the same, and the other to the use of the United States, to be recovered by action in any court of competent jurisdiction. 5 Sec. 99. And he it fv/rther enacted, ,TJiat if any person, after the recording of the title of any book as herein provided, shall within the term limited, and without the consent of the proprietor of the copy- right first obtained in writing, signed in presence of two or more witnesses, print, publish, or import, or, knowing the same to be so 10 printed, published, or imported, shall sell or expose to sale any copy of such book, such offender shall forfeit every copy thereof to said proprietor, and shall also forfeit and pay such damages as may be recovered in a civil action .by such proprietor in any court of compe- tent jurisdiction. 15 Sec. 100. And he it fv/rther enacted, That if any person, after the recording of the title of any map, chart, musical composition, print, cut, engraving, or photograph, or chromo, or of the description of any painting, drawing, statue, statuary, or model or design intended to be perfected and executed as a work of the fine arts, as herein pro- 20 vided, shall, within the term limited, and without the consent of the pro- ' prietor of the copyright first obtained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, or import, either 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, pub- 25 lished, or imported, shall sell or expose to sale any copy of such map or other article, as aforesaid, he shall forfeit to the said proprietor all the plates on which the same shall be copied, "and every sheet thereof, either copied or printed, and shaU further forfeit one dollar for every sheet of the same found in his possession, either printing, printed, 30 copied, published, imported, or exposed for sale; and in case of a paint- ing, statue, or statuary, he shall forfeit ten dollars for every copy of the same in his possession, or which have by him been sold or exposed for sale; one moiety thereof to the proprietor and the other to the use of the United States, to be recovered by action in any court of com- 35 petent jurisdiction. - Sec. 101. And he it further enacted, That any person publicly per- forming or representing any dramatic composition for which a copy- right has been obtained, without the consent of the proprietor thereof, or his heirs or assigns, shall be liable for damages therefor, to be 40 recovered by action in any court of competent jurisdiction; said dam- ages in all cases to be assessed at such sum, not less than one hundred dollars for the first, and fifty dollars for every subsequent perform- ance, as to the court shall appear to be just. Sec. 102. And he it further enacted. That any person who shall print 45 31408—06 4 50 OOPYRIGHT ENACTMENTS, 1783-1906. 1 or publish any manuscript whatever, without the consent of the author or proprietor first obtained, (if Such author or proprietor be a citizen of the United States, or resident therein,) shall be liable to said author or proprietor for all damages occasioned by such injury, to be recovered 5 by action on the case in any court of competent jurisdiction. Sec. 103. Arid be it^fuHhes Knacted^ That nothing herein contained shall be construed to prohibit the printing, publishing, importation, or sale of any book, map, chart, dramatic or musical composition, print, cut, engraving, or photograph, written, composed, or made by any 10 person not a citizen of the United States nor resident therein. Sec. 104. And he it further enacted, That no action shall be main- tained in any case of forfeiture or penalty under the copyright laws, unless the same is commenced within two years after the cause of action has arisen. 15 Sec. 105. ATid he it further enacted. That in all actions ai'ising under the laws respecting copyrights the def endent may plead the general issue, and give the special matter in evidence. Sec. 106. And he it further enacted. That all actions, suits, contro- versies, and cases arising under the copyright laws of the United States 20 shall be originally cognizable, as well in equity as at law, whether civil or penal in their nature, by the circuit courts of the United States, or any district court having the jurisdiction of a circuit court, or in the supreme court of the District of Columbia, or any Territory. And the court shall have power, upon bill in equity, filed by any party 25 aggrieved, to grant injunctions to prevent the violation of any right secured by said laws, according to the course and principles of courts of equity, on such terms as the court may deem reasonable. Sec. 107. And he it further enacted. That a writ of error or appeal to the Supreme Court of the United States shall lie from all judg- 30 ments and decrees of any court, in any action, suit, controversy, or case touching copyrights in the same manner and under the same cir- cvunstances as in other judgments and decrees of such courts, without regard to the sum or value in controversy. Sec. 108. And he it further enacted. That in all recoveries under the 35 copyright laws, either for damages, forfeitures, or penalties, full costs shall be allowed thereon. Sec. 109. And he it further enacted. That all books, maps, charts, and other publications of every nature whatever, heretofore deposited in the Department of the Interior, according to the laws regulating 40 copyrights, together with all the records of said Department, and all records concerning the same which were removed by the Department of the Interior from the Department of State, shall be removed to and be under the control of the Librarian of Congress, who is hereby charged with all the duties pertaining to copyrights required by law. 45 Sec. 110. And he it further enacted. That the clerk of each of the UNITED states; public act 01? JtTLT 8, 1870. 51 district courts of the United States shall transmit forthwith to the 1 Librarian of Congress all books, maps, prints, photograp[h]s, music,, and other publications of every nature whatever, deposited in the said clerk's office, and not heretofore sent to the Department of the Inte- rior, at Washington, together with all records of copyright in his 5 possession, including the titles so recorded, and the dates of record; Provided^ That where there are duplicate copies of legal, scientific, or mechanical works, one copy of each may be deposited in the library of the Patent Office, for which a receipt shall be given by the Com- missioner of Patents to the Librarian of Congress. 10 Sec. 111. And he it further enacted, That the acts and parts of acts set forth in the schedule of acts cited, hereto annexed, are hereby repealed, without reviving any acts or parts of acts repealed by any of said acts, or by any clause or provisions therein: Provided, however. That the repeal hereby enacted shall not aflfect, impair, or take away 15 any right existing under any of said laws ; but all actions and causes of action, both in law and in equity, which have arisen under any of said laws, may be commenced and prosecuted, and if already com- menced may be prosecuted to final judgment and execution, in the s;ime manner as though this act had not been passed, excepting that 20 the remedial provisions of this act shall be applicable to all suits and proceedings hereafter commenced: And provided also, That all appli- cations for patents pending at the time of the passage of this act, in cases where the duty has been paid, shall be proceeded with and acted on in the same manner as though filed after the passage thereof: And 25 provided further. That all offences which are defined and punishable under any of said acts, and all penalties and forfeitures created thereby, and incurred before this act takes effect, may be prosecuted, sued for, and recovered, and such offences punished according to the provisions of said acts, which are continued in force for such purpose. 30 Schedule of Statutes Cited and Repealed as Printed in the Statutes at Large. COPYRIGHTS. Act of February 15, 1819, chapter 19, volume 3, page 481. February 3, 1831, chapter 16, volume 4, page 436. June 30, 1834, chapter 157, volume 4, page 728. 35 August 18, 1856, chapter 169, volume 11, page 138. February 5, 1859, chapter 22, volume 11, page 380. February 18, 1861, chapter 37, volume 12, page 130. March 3, 1865, chapter 126, volume 13, page 540. February 18, 1867, chapter 43, volume 14, page 395. 40 Approved July 8, 1870. In "The Statutes at Large and Proclamations of the United States of America, from December, 1869 to March, 1871. Edited by George P. Sanger." Vol. 16, 8vo. Boston, 1871, pp. 212-217. 52' COPYRIGHT ENACTMENTS, 1783-1906.. ^1 ,■:■■ FORTY-SEOOND CONGRESS, SECOND SESSION, CHAPTER 335, SECTION 184. AN ACT to revise, consolidate, and amend the statutes relating to the Post-Office Department, o 5 Be it enacted ly the Senate and Rouse of Bepresenta- }^''\ twes of the United States of America in Congress assem- June 8. "^ Med, * * * Sec. 184. Tiiat the following mail-matter shall be allowed to pass free in the mail: * * * 10 Fifth. Copyright matter to the librarian of Congress, if marked on the package, "copyright matter." * * * Approved, June 8, 1872. In ' ' The Statutes at Large and Proclamations of the United States of America, from March, 1871, to March, 1873. Edited by George P. Sanger." Vol. 17, 15 8vo. Boston, 1873, pp. 283, 306, 307, 330. REVISED STATUTES, TITLE 13, THE JUDICIARY. 1873, Dec. 1. (Revision.) Chapter 7. — Circitit Court — Jurisdiction. Sec. 629. The circuit courts shall have original jurisdiction as fol- lows: * * * Ninth. Of all suits at law or in equity arising under 20 the patent or copyright laws of the United States. (Rev. Stat., 1878, pp. 110, 111.) Chapter 11. — Supreme Court — Jurisdiction. Sec. 699. A writ of error may be allowed to review any final judg- ment at law, and an appeal shall be allowed from any final decree in 25 equity hereinafter mentioned, without regard to the sum or value in dispute: First. Any final judgment at law or final decree in equity of any circuit court, or of any district court acting as a circuit court, or of the supreme court of the District of Columbia, or of any Territory, 30 in any case touching patents-rights or copyrights. (Rev. Stat., 1878, p. 130.) Chapter 12. — Provisions Common to More Than One Court or Judge. Sec. 711. The jurisdiction vested in the courts of the United States in the cases and proceedings hereinafter mentioned, shall be exclu- 35 sive of the courts of the several states: * * * Fifth. Of all cases arising under the patent-right' or copyright laws of the United States. (Rev. Stat., 1878, pp. 134, 135.) a See note 3, p. 113. UNITED states: BE VISED STATUTES, 18'73. 53 Chapter 18. — Phoceduee. Sec. 972. In all recoveries under the copyright laws, either for damages, forfeitures, or penalties, full costs shall be allowed thereon. (Rev. Stat., 1878, p. 183.) In "Revised Statutes of the United States, passed at the first session of the Forty-third Congress, 1873-74." Second edii4n, 8vo. Washington, 1878, pp. 110, 111, 130, 134, 135, 183. REVISED STATUTES, 1873, Dec. 1. (Revision.) Sec. 4948. TITLE 60, PATENTS, TRADE-MARKS AND COPYRIGHTS. Chapter 3. — Copyrights. 10 Copyrights to be under charge of Librarian of Congress. 4949. Sealofofiice. 4950. Bond of Librarian. 4951. Annual Report. 4952. What publications may be entered for copyright. 4953. Term of copyrights. 4954. Continuance of term. 4955. Assignment of copyrights and re- cording. 4956. Deposit of title and published copies. 4957. Record of entry and attested copy. 4958. Fees. 4959. Copies of copyright works to be furnished to Librarian of Con- gress. 4960. Penalty for omission. 4961. Postmasters to give receipts. Sec. 4962. Publication of notice of entry for copyright prescribed. 4963. Penalty for false publication of no- tice of entry. 4964. Damages for violation of copyright 15 of books. 4965. For violating copyright of maps, charts, prints, &c. 4966. For violating copyright of dramatic compositions. 20 4967. Damages for printing or publishing any manuscript without consent of author, &c. 4968. Limitation of action in copyright cases. ' 25 4969. Defenses to action in copyright cases. 4970. Injunctions in copyright cases. 4971. Aliens and non-residents not privi- leged. -30 Sec. 4948. All records and other things relating to copyrights, and required by law to be preserved, shall be under the control of the Librarian of Congress, and kept and preserved in the Library of Con- gress; and the Librarian of Congress shall haye the immediate care and supervision thereof, and, under the supervision of the Joint Com- 35 mittee of Congress on the Library, shall perform all acts and duties required by law touching copyrights. Sec. 4949. The seal provided for the office of the Librarian of Con- gress shall be the seal thereof, and by it all records and papers issued from the office and to be used in evidence shall be authenticated. 40 Sec. 4950. The Librarian of Congress shall give a bond, with sure- ties, to the Treasurer of the United States, in the sum of five thousand dollars, with the condition that he will render to the proper officers of the Treasury a true account of all moneys received by virtue of his office. 45 ^4 COPYRIGHT ENACTMENTS, 1783-1906. 1 Sec. 4951. The Librarian of Congress shall make an annual report to Congress of the number and description of copyright publications for which entries have been made during the year. . Sec. 4952. Any citizen ofthe United States or resident therein, who 5 shall be the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or pho- tograph or negative ther-^jy , oi' of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts, and the executoi's, administrators, or assigns of any 10 such person shall, upon complying with the provisions of this chapter, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending the same; and, in the case of a dramatic composition, of publicly performing or representing it, or causing it to be performed or represented by others. And authors 15 may reserve the right to dramatize or to translate their own wox'ks. Sec. 4953. Copyrights shall be granted for the term of twenty-eight years from the time of recording the title thereof, in the manner herein- after directed. Sec. 4954. The author, inventor, or designer, if he be still living and 20 a citizen of the United States or resident therein, or his widow or children, if he be dead, shall have the same exclusive right continued for the further term of fourteen years, upon recording the title of the work or description of the article so secured a second time, and com- plying with all other regulations in regard to original copyrights, 25 within six months before the expiration of the first term. And such person shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more newspapers, printed in the United States, for the space of four weeks. Sec. 4955. Copyrights shall be assignable in Ilw, by any instrument 30 of writing, and such assignment shall be recorded in the office of the Librarian of Congress within sixty days after its execution ; in default of which it shall be void as against any subsequent purchaser or mort- gagee for a valuable consideration, without notice. Sec. 4956. No person shall be entitled to a copyright unless he shall, 35 before publication, deliver at the office of the Librarian of Congress or deposit in the mail addressed to the Librarian of Congress, at "Washington, District of Columbia, a printed copy of the title of the book or other article, or a description of the painting, drawing, chromo, statue, statuary, or a model or design for a work of the fine 40 arts, for which he desires a copyright, nor unless he shall also, within ten days from the publication thereof, deliver at the office" of the Librarian of Congress or deposit in the mail addressed to the Libra- rian of Congress, at Washington, District of Columbia, two copies of such copyright book or other article, or in case of a painting, drawing. UNITED states: REVISED STATUTES, 1873. 55 statue, statuary, model, or design for a work of the fine arts, a photo- 1 graph of the same. Sec. 4957. The Librarian of Congress shall record the name of such copyright book or other article, forthwith, in a book to be kept for that purpose, in the words following: "Library of C9ngress, to wit: 5 Be it remembered that on the day of , A. B. , of , hath deposited in this office the title of a book, (map, chart, or other- wise, as the case may be, or description of the article,) the title or description of which is in the following words, to wit: (here insert the title or description,) the right whereof he claims as author, (origi- 10 nator, or proprietor, as the case may be,) in conformity with the laws of the United States respecting copyrights. C. D., Librarian of Con- gress." And he shall give a copy of the title or description^ under the seal of the Librarian of Congress, to the proprietor whenever he shall require it. 15 Sec. 4958. The Librarian of Congress shall receive, from the per- sons to whom the' services designated are rendered, the following fees: First. For recording the title or description of any copyright book or other article, fifty cents. Second. For every copy under seal of such record actually given to 20 the person claiming the copyright, or his assigns, fifty cents. Third. For recording any instrument of writing for the assignment of a copyright, fifteen cents for every one hundred words. Fourth. For every copy of an assignment, ten cents for every one hundred words. 25 All fees so received shall be paid into the Treasury of the United States. Sec. 4959. The proprietor of every copyright book or other article shall deliver at the office of the Librarian of Congress, or deposit in the mail addressed to the Librarian of Congress at Washington, Dis- 30 trict of Columbia, within ten days after its publication, two complete printed copies thereof, of the best edition issued, or description or photograph of such article as hereinbefore required, and a copy of every subsequent edition wherein any substantial changes shall be made. ^^ Sec. 4960. For every failure on the part of the proprietor of any copyright to deliver or deposit in the mail either of the published copies, or description or photograph, required by sections four thou- sand nine hundred and fifty-six, and four thousand nine hundred and fifty-nine, the proprietor of the copyright shall be liable to a penalty 40 of twenty -five dollars, to be recovered by the Librarian of Congress, in the name of the United States, in an action in the nature of an action of debt, in any district cour,t of the United States within the jurisdiction of which the delinquent may reside or be found. 56 OOPYKIGHT ENACTMENTS, 1783-1906. 1 Sec. 4961. The postmaster to whom such copyright book, title, or other article is delivered, shall, if requested, give a receipt therefor; and when so delivered he shall mail it to its destination. Sec. 4962. No person shall maintain an action for the infringement 6 of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title-page or the page immediately following, if i^be a book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected 10 and completed as a work of the fine arts, by inscribing upon some por- tion of the face or front thereof, or on the face of the substance on which the same shall be mounted, the following words, " Entered according to act of Congress, in the year , by A. B. , in the office of the Librarian of Congress, at Washington." 15 Sec. 4963. Every person who shall insert or impress such notice, or words of the same purport, in or upon any book, map, chart, musical composition, print, cut, engraving, or photograph, or other article, for which he has not obtained a copyright, shall be liable to a penalty of one hundred dollars, recoverable one-half for the person who shall 30 sue for such penalty, and one-half to the use of the United States. Sec. 4964. Every person who, after the recording of the title of any book as provided by this chapter, shall within the term limited, and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, 25 print, publish, or import, or knowing the same to be so printed, pub- lished, or imported, shall sell or expose to sale any copy of such book, shall forfeit every copy thereof to such proprietor, and shall also for- feit and pay such damages as may be recovered in a civil action by such proprietor in any court of competent jurisdiction. 30 Sec. 4965. If any person, after the recording of the title of any map, chart, musical composition, print, cut, engraving, or photograph, or chromo, or of the description of any painting, drawing, statue, statuary, or model or design intended to be perfected and executed as a work of the fine arts, as provided by this chapter, shall, within the 35 time limited, and without the consent of the proprietor of the copy- right first obtained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, or import, either 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, or imported, 40 shall sell or expose to sale any copy of such map or other article, as aforesaid, he shall forfeit to the proprietor all the plates on which the same shall be copied, and every sheet thereof, either copied or printed, and shall further forfeit one dollar for every sheet of the same found in his possession, either printing, printed, copied, published, imported, 45 or exposed for sale; and in case of a painting, statue, or statuary, he UNITED states: PUBLIC ACT OP JUNE 18, 1874. 57 shall forfeit ten dollars for every copy of the same in his possession, 1 or by him sold or exposed for sale; one-half thereof to the proprietor and the other half to the use of the United States. Sec. 4966. Any person publicly performing or representing any dramatic composition for which a copyright has been obtained, with- 5 out the consent of the proprietor thereof, or his heirs or assigns, shall be liable for damages therefor, such damages in all cases to be assessed at such sum, not less than one hundred dollars for the first, and fifty dollars for every subsequent performance, as to the court shall appear to be just. . 10 Sec. 4967. Every person who shall print or publish any manuscript whatever, without the consent of the author or proprietor first obtained, if such author or proprietor is a citizen of the United States, or resi- dent therein, shall be liable to the author or proprietor for all damages occasioned by such injury. 15 Sec. 4968. No action shall be maintained in any case of forfeiture or penalty under the copyright laws, unless the same is commenced within two years after the cause of action has arisen. Sec. 4969. In all actions arising under the laws respecting copy- rights, the defendant may plead the general issue, and give the special 20 matter in evidence. Sec. 4970. The circuit courts, and district courts having the jurisdic- tion of circuit courts, shall have power, upon bill in equity, filed by any party aggrieved, to grant injunctions to prevent the violation of any right secured by the laws respecting copyrights, according to the course 25 and principles of courts of equity, on such terms as the court may deem reasonable. Sec. 4971. Nothing in this chapter shall be construed to prohibit the printing, publishing, importation, or sale of any book, map, chart, dra- matic or musical composition, print, cut, engraving, or photograph, 30 written, composed, or made by any person not a citizen of the United States nor resident therein. In "The Revised Statutes of the Unit€d States, passed at the first session of the Forty-third Congress, 1873-74." Second edition, 8vo. Washington, 1878, pp. 957-960. 35 FORTY-THIRD CONGRESS, FIRST SESSION, CHAPTER 301. AN ACT to amend the law relating to patents, trade marks, and copyrights. Se it enacted hy the Senate and House of Representatives ' of the United States of America in Congress assembled. That no person shall maintain an action for the infringement of 40 his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title page or the page immediately following, if it be a book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, 58 OOPrEIGHT ENAOTMENTS, 1783-1906. 1 chromo, statue, statuary, or model or design intended to be perfected and completed as a work of the fine arts, by inscribing upon some visible portion thereof, or of the substance on which the same shall be mounted, the following words, viz: " Entered according to act of Con- 5gress, 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 the copyright was entered, and the name of the party by whom it was taken out; thus — "Copyright, 18 , by A. B." Sec. 2. That for recording and certifying any instrument of writing 10 for the assignment of a copyright, the Librarian of Congress shall receive from the persons to whom the service is rendered, one dollar; and for every copy of an assignment, one dollar; said fee to cover, in either case, a certificate of the record, under seal of the Librarian of Congress; and all fees so received shall be paid into the Treasury of 15 the United States. Sec. 3. That in the construction of this act, the words "Engrav- ing," "cut" and "print" shall be applied only to pictorial illustrations or works connected with the fine arts, and no prints or labels designed to be used for any other articles of manufacture shall be entered under 20 the copyright law, but may be registered in the Patent Office. And the Commissioner of Patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in con- formity with the regulations provided bj'^ law as to copyright of prints, except that there shall be paid for 'recording the title of any print or 25 label not a trade mark, six dollars, which shall cover the expense of furnishing a copy of the record under the seal of the Commissioner of Patents, to the party entering the same. Sec. 4. That all laws and parts of laws inconsistent with the fore- going provisions be and the same are hereby repealed. 30 Sec. 5. That this act shall take effect on and after the first day of August, eighteen hundred and seventy-four. Approved, June 18, 1874. In "The Statutes at Large of the . shall enjoy in the dominions of the other, the protection of copyright for their works of literature and art as well as photographs, against illegal reproduction, on the same basis on which protection is granted 10 to the subjects or citizens of the other, subject however to the pro- visions of Article II of the present Convention. Article II. The subjects or citizens of each of the two High Contracting Parties may without authorization translate books, pamphlets or any other 15 writings, dramatic works, and musical compositions, published in the dominions of the other by the subjects or citizens of the latter, and print and publish such translations. Article III. The present Convention shall be ratified, and the ratifications thereof 20 shall be exchanged at Tokio as soon as possible. It shall come into operation from the date of the exchange of ratifications, and shall be applicable to such works only as shall be published after it shall have come into operation. Either of the Contracting Parties shall have the right, at any time, to give notice to the other of its intention to 25 terminate the present Convention, and at the expiration of three months after such notice is given this Convention shall wholly cease and determine. In witness whereof the above mentioned Plenipotentiaries have signed the present Convention and have affixed thereto their seals. 30 Done in duplicate at Tokio, in the English and Japanese languages, this 10th day of November, of year one thousand nine hundred and five, corresponding to the 10th day of the 11th month of the 38th year of Meiji. [seal.] Lloyd C. Griscom. 85 [seal.] Taro Katsura. And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Tokio on the tenth day of May, one thousand nine hundred and six; 40 Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. japan: proclamation of may l"?, 1906. 105 In testimony whereof, I have hereunto set my hand and caused the 1 seal of the United States to be affixed. Done at the City of Washington this seventeenth day [seal] °^ ^^Jj in the year of our Lord one thousand nine hun- dred and six, and of the Independence of the United States 5 of America the one hundred and thirtieth. Theodore Roosevelt. By the President: Elihtt Root Secfretary of State. 1 VIII. APPENDIX. State Laws to Protect Dramatic and Musical Works. (Arranged in order of date. ) NEW HAMPSHIRE. ]^5 LAWS, 1895, CHAPTER 42. AN act to protect * * * the owners of literary, dramatic, and musical com- positions and works of art in their property. Be it enacted iy the Senate and House ofliepresen tatives March 13 "^ General Court convened: 20 Section 1. * * * And whenever any person, firm, association, or corporation is the owner of any literary, dramatic, or musical composition and the rights of the author pertaining thereto, and such composition has not been copyrighted, printed, or published, or of any map, charter \_sic\, engraving, cut, print, photograph or nega- 25 tive thereof, statue, statuary, model, or design, which has not been copyrighted or offered for sale, it shall be unlawful for any other per- son, firm, association, or corporation to publish, produce, print, or sell or offer to sell the same without first obtaining the consent of the owner thereof. 30 » ****** Section 7. Any violations of any of the provisions of this act shall be punished by imprisonment in the county jail for a term of not less than three months nor more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or both. «*•*«*» [Approved March 13, 1895.] 35 In " Laws of the State of New Hampshire, passed January Session, 1895. 8vo. Concord, Ed. N. Pearson, 1895, pp. 384, 385. 106 COPYBIGHT ENACTMENTS, 1783-1906. 1 NEW YORK. LAWS, 1899, CHAPTEK 475. AN ACT to amend the penal code of the State of New York in relation to copy- rights. 5 The People of the State of New York, represented in „ , , ' , Senate and Assembly, do enact as follows: Section 1. The penal code of the State of New York is hereby amended by adding thereto a new section to be known as section seven hundred and twenty-nine, and to read as follows: 10 Sec. 729. Any person who causes to be publicly performed or rep- resented for profit any unpublished undedicated or copyrighted dramatic composition, or musical composition known as an opera, without the consent of its owner or proprietor, or who, knowing that such dramatic or musical composition is unpublished undedicated or 15 copyrighted and without the consent of its owner, or proprietor, per- mits, aids or takes part in such a performance or representation shall be guilty of a misdemeanor. Sec. 2. This act shall take effect September first, eighteen hundred and ninety-nine. 20 [Became a law May 2, 1899, with the approval of the Governor. Passed, three-fifths being present.] In ' ' Laws of the State of New York passed at the one hundred and twenty- second session of the Legislature, begun January 4th, 1899, and ended April 28th, 1899, in the City of Albany." 1899, Vol. II, 8vo. Albany, Banks & Co., 25 1899, p. 1001. In "The Penal Code of the State of New York being Chapter 676 of the Laws of 1881, as amended by the Laws of 1882-1905, inclusive. Edited by Amasa J. Parker, Jr." 12mo. New York, The Banks Law Pub. Co., 1905, p. 290. LOUISIANA. 30 LAWS, 1900, ACT NO. 76. AN ACT forbidding any person or Company from producing any unpublished or undedicated dramatic or musical composition, and providing for the punishment of violations of the provisions of this Act. Be it enacted hy the General AssernhVy of the State of "° J 1 9 Louisiana, That any person or company who takes part in or causes to be publicly performed or represented for profit any unpublished or undedicated dramatic or musical composi- tion known as an opera without the consent of its owner or proprietor, or who, knowing that such dramatic or musical composition is unpub- 40lished or undedicated and without the consent of the owner or pro- prietor, permits, aids, or takes part in such a performance or repre- sentation, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than One Hundred, nor more than Five Hundred lodisiawa: act of July 9, 1900. 107 Dollars, for every such performance, or imprisonment for not less 1 than thirty days. Approved, 9th July, 1900. In "Acts passed by the General Assembly of the State of Louisiana at the Regular Session, begun and held in the City of Baton Rouge, on the fourteenth 5 day of May, 1900." 8vo. Baton Rouge, The Advocate, Official Journal of the State of Louisiana, 1900, pp. 126-127. In "Constitution and Revised Laws of Louisiana. Second, enlarged and revised edition in two volumes. Compiled and annotated by Solomon Wolff." Vol. 1, 8vo. New Orleans, La., F. F. Hansell & Bro., [1904], p. 358. 10 OREGON. [house bill no. 144.] AN ACT relating to the public representation of dramatic plays and musical com- positions, and to provide for the punishment of the unauthorized performance or representation thereof. J5 -Be it enacted hy the Legislative Assembly of the State of Februar;27. ^^f"*^' Any person who knowingly causes to be publicly per- formed, or represented for profit, any unpublished or undedicated dramatic composition, or musical composition known as an opera, with- 20 out the consent of its owner or proprietor, or who, knowing that such dramatic or musical composition is unpublished or undedicated, and without the consent of its owner or proprietor, permits, aids, or takes part in such a performance or representation, shall be guilty of a misdemeanor, and shall be punished by a fine not exceding one hun- 25 dred dollars ($100), or by imprisonment in the county jail not more than six months, or by both such fine and imprisonment. Each per- formance or representation so given shall be deemed a substantive offense. Approved February 27, 1901. 30 In "The General Laws and Joint Resolutions and Memorials [of the State of Oregon] enacted and adopted by The Twenty-First Regular Session of the Leg- islative Assembly, 1901." 8vo. Salem, Oregon, W. H. Leeds, 1901, p. 172. PENNSYLVANIA. LAWS, 1901, NO. 209. 35 AN ACT prohibiting the public presentation for profit of unpublished dramatic plays and musical compositions, without consent of the authors thereof, and pro- viding punishment for violation of the provisions of this act. Section 1. Be it enacted, etc., That no unpublished -3 ' dramatic play and no unpublished musical composition 40 shall be publicly presented for profit, without consent of the author or authors thereof. 108 COPYRIGHT ENACTMENTS, 1783-1906. 1 Section 2. Any and all persons, firms and corporations violating the provisions of section one of this act shall be guilty of a misdemeanor, and on conviction thereof shall, for each otfense, be sentenced to pay a fine of not less than ten dollars and not more than five hundred dollars, 5 or to be imprisoned not exceeding three months, or either or both, at the discretion of the court of quarter sessions. Approved the 29th day of May, A. D., 1901. In " Laws of the General Assembly of the Commonwealth of Pennsylvania, passed at the Session of 1901." 8vo. [Harrisburg], W. S. Ray, 1901, p. 335. 10 OHIO. [senate bill no. 20] AN ACT fixing a penalty for the unauthorized presentation of dramatic plays and musical compositions. 1902, Be it enacted hy the General Assembly of the State of 15 March 25. Q}i{o: Section 1. That any person who causes to be publicly performed or represented for profit any unpublished or undedicated dramatic composition or musical composition known as an opera, without the consent of its owner or proprietor, or who, knowing that such 20 dramatic or musical composition is unpublished or undedicated and without the consent of its owner or proprietor permits, aids or takes part in such a performance or representation, shall be guilty of a mis- demeanor, and upon conviction thereof shall be fined not less than fifty dollars and not more than three hundred dollars, or be impris- 25 oned not less than thirty days or more than three months, or both. Section 2. This act shall take eflPect and be in force from and after its passage. Passed March 25, 1902. In "General and Local Acts passed and Joint Resolutions adopted by the 30 Seventy-Fifth General Assembly [of the State of Ohio], * * * begun and held in the City of Columbus, January 6, 1902." Vol. 95, 8vo. Columbus, Ohio, F. J. Heer, 1902, p. 68. NEW JERSEY. LAWS, 1902, CHAPTEE 249. 35 . AN ACT to protect property in manuscript and uncopyrighted plays. 1902, Be it enacted hy the Senate and Oeneral Assembly of the April 10. gf^fg ^f jyTgM, Jersey: 1. Any person who causes to be publicly performed or represented for profit any unpublished, undedicated or copyrighted dramatic 40 composition, or musical composition known as an opera, without the consent of its owner or proprietor, or who, knowing that such dramatic or musical composition is unpublished, undedicated, or copy- NEW JEBSET: act op APRIL 10, 1902. 109 righted, and without the consent of its owner or proprietor permits, 1 aids or takes part in such a performance or representation, shall be guilty of a misdemeanor. 2. This act shall take effect immediately. Approved April 10, 1902. 5 In "Acts of the One Hundred and Twenty-Sixth Legislature of the State of New Jersey [1902]." 8vo. Trenton, N. J., The J. L. Murphy Publishing Co., 1902, p. 708. MASSACHUSETTS. LAWS, 1904, CHAPTER 183. JQ AN ACT to prohibit unauthorized performances or representations of certain dra- matic and musical compositions. Se it enacted hy the Senate and House of Representatives Ma h 29 ^^ General Court assembled, and hy the authority of the same, as follows: 15 Whoever causes to be publicly performed or represented an unpub- lished and undedicated dramatic or musical composition without the consent of the proprietor thereof, and with knowledge or notice that such dramatic or musical composition is unpublished and undedicated, or whoever, being in control of a theatre or other public place of 20 amusement, licensed or unlicensed, without such consent and with such knowledge or notice permits a public performance or representation of such dramatic or musical composition in such theatre or place of amusement, or whoever without such consent and with such knowledge or notice takes part in a public performance or representation of such 25 dramatic or musical composition, shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding one hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Approved March 29, 1904. 30 In "Acts and Kesolves passed by the General Court of Massachusetts in the year 1904." 8vo. Boston, Wright & Potter Printing Co., 1904, p. 159. MINNESOTA. LAWS, 1905, CHAPTER 40. AN ACT forbidding any person or company from producing or playing for profit 35 any unpublished or undedicated dramatic or musical composition and prohibit- ing any person, company or corporation from selling a copy or substantial copy of any unpublished, undedicated or copyrighted opera or musical composition without the consent of the author or proprietor, and providing for a penalty therefor. _ 40 Be it enacted Iry the Legislature of the State of Minne- Section 1. Any person, company or corporation who knowingly causes to be publicly performed, or represented for profit, any unpublished or undedicated dramatic composition, or musical 46 110 COPYEIOHT EKA0TMENT8, 1783-1906. 1 composition known as an opera, without the consent of its owner or proprietor, who knowing that such dramatic or musical composition is unpublished or undedicated, and without the consent of its owner or proprietor, permits, aids or takes part in such a performance or repre- 5 sentation, or any person, company or corporation who sells a copy or a substantial copy, or any unpublished, undedicated or copyrighted dramatic composition or musical composition known as an opera, with- out the written consent of the author or proprietor of such dramatic or musical composition, shall be guilty of a misdemeanor. 10 Section 2. This act shall take effect and be in force from and after its passage. Approved March 15, 1905. In "General Laws of the State of Minnesota passed during the thirty-fourth Session of the State Legislature commencing January 3d, 1905." 8°. Minne- 15 apolis, Harrison & Smith Co. , 1905, p. 60. CALIFOENIA. LAWS, 1905, CHAPTER 276. AN ACT to add a new section to the Penal Code to be numbered 367a, prohibiting unauthorized performances and representations of certain dramatic or musical 20 compositions. The People of the State of California^ represented in M h'i8 Senate and AssembVy^ do enact as follows: Section 1. There is hereby added to the Penal Code a new section to be numbered 367a to read as follows: 25 367a. Any person who causes to be publicly performed or repre- sented for profit any unpublished or undedicated dramatic composition or dramatic-musical composition known as an ojjera, without the con- sent of its owner or proprietor, or who, knowing that such dramatic or musical composition is unpublished or undedicated, and without the 30 consent of its owner or proprietor, permits, aids or takes part in such a performance or representation, or who sells a copy or a substantial copy of any unpublished, undedicated or copyrighted dramatic com- position or musical or dramatic-musical composition, known as an opera, without the consent of the author or proprietor of such dra- 35 matical or dramatic-musical composition shall be guilty of a misde- meanor, and upon conviction thereof, shall be fined not less fifty (50) dollars, and not more than three hundred (300) dollars, or be impris- oned for not less than thirty (30) days or more than three (3) months or both such fine and imprisonment. 40 Approved March 18, 1905. In "The Statutes of California and amendments to the Codes passed at the Thirty-sixth Session of the California Legislature, 1905." Svc^ Sacramento, W. W. Shannon, 1905, p. 248. In "1905 Supplement to the Codes of California * * « by James H. 45 Deering." 24mo. San Francisco, Bancroft- Whitney Co., 1905, p. 292-293. WISCONSIN: ACT OF JUNE 1, 1905. Ill WISCONSIN. 1 LAWS, 1905, CHAPTER 281. AN ACT to prevent the unauthorized presentation of dramatic plays and musical compositions. 1905, The People of the State of Wisconsin, represented in June 1. Seriate and Assembly , do enact as follows: 5 Section 1. Any person who sells a copy or a substantial copy, or who causes to be publicly performed or represented for profit, any unpublished or undedicated dramatic play or musical composition, known as an opera, without the written consent of its owner or pro- prietor, or, who, knowing that such dramatic play or musical composi- 10 tion is unpublished or undedicated, and, without the written consent of its owner or proprietor, permits, aids, or takes part in such a per- formance or representation, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five dollars nor more than one hundred dollars, or by imprisonment not exceeding 15 sixty days. Section 2. This act shall take effect and be in force from and after its passage and publication. Approved June 1, 1906. In "The Laws of Wisconsin, joint Resolutions and Memorials passed at the 20 Biennial Session of the Legislature, 1905." 8vo. Madison, Wis., Democrat Print- ing Co., 1905, p. 422. CONNECTICUT. LAWS, 1905, CHAPTER 130. AN ACT concerning unauthorized performances of certain dramatic and musical 25 compositions. 1905, JBe it enacted hy the Senate and House of Representatives June 7. ^^ General Assembly convened: Section 1. Any person who causes to be publicly performed or represented for profit any unpublished, undedicated, or copyrighted 30 dramatic composition, or any musical composition known as opera, without the consent of its owner or proprietor, or who, knowing that such dramatic or musical composition is unpublished, undedicated, or copyrighted, and without the consent of its owner or proprietor, per- mits, aids, or takes part in such performance or representation, shall 35 be fined not more than one hundred dollars, or imprisoned not more than six months, or both. Sec. 2. Nothing in this act shall affect amateur performances or representations given for purely charitable purposes. Approved, June 7, 1905. 40 In "Public Acts passed by the General Assembly of the State of Connecticut in the year 1905." Bvo. [Hartford,] Hartford Press, The Case, Lockwood & Brainard Co., 1905, p. 338. 31408°— 06 8 112 OOPTBIGHT ENACTMENTS, 1783-1906. 1 MICHIGAN. LAWS, 1905, NO. 268. AN ACT prohibiting public presentation for profit of unpublished or undedicated dramatic plays and musical compositions, without the consent of the owner or 5 proprietor thereof, and providing punishment for violation of the provisions of this act. The People of the State of Michigan enact: J ' Section 1. No unpublished, uncopyrighted or undedi- cated dramatic play and no unpublished or undedicated 10 musical composition shall be publicly performed or represented for profit, without consent of the owner or proprietor thereof. Section 2. Any and all persons, firms and corporations that shall cause to be publicly performed or represented for profit any unpub- lished, uncopyrighted or undedicated dramatic composition, or unpub- 15 lished or undedicated musical composition, without the consent of the owner or proprietor or who, knowing that such dramatic or musical composition is unpublished or undedicated, and without the consent of its owner or proprietor, permits, aids or takes part in such a per- formance or representation, shall be guilty of a misdemeanor and, on 20 conviction thereof, shall for each offense be sentenced to pay a fine of not less than ten dollars, and not more than five hundred dollars, or be imprisoned not exceeding three months, or either, or both, at the discretion of the court. Approved June 16, 1905. 25 In "Public Acts of the Legislature of the State of Michigan passed at the Regular Session of 1905. ' ' 8vo. Lansing, Michigan, Wynkoop Hallenbeck Craw- ford Co., 1905, p. 415. IX. 1 NOTES. Note 1. {Seepage 11). CoNNBCTicuT Laws, October Session, 1812, Chapter IX. AN ACT to repeal an act entitled "An act for the encouragement of literature and 6 genius." Be it enacted by the governor and council and house of representatives in general court assembled, That the act entitled "An act for the encouragement of literature and genius," be and the same is hereby, repealed. General assembly, October session, 1812. 10 In "The Public Statute Laws of the State of Connecticut. Book II. Com- mencing October Session, 1808. Published by Authority of the General Assem- bly." 8vo. Hartford, Hudson &Co., [1819], p. 1(H Note 2. {See page 14-) Massachusetts Bay Colony. 1672, May 15. 15 [The Records of the Company of the Massachusetts Bay in New England.] Att a Genera) 1 Court for Elections, held at Boston, 15th day of May, 1672. In ans' to the petition of John Vsher, the Court judgeth it meete to order, & be it by this Court ordered & enacted, that no printer shall print any more coppies then 20 are agreed & pajd for by the ouner of the sajd coppie or coppies, nor shall he nor any other reprint or make sale of any of the same, w'^out the sajd owners consent, vpon the forfeiture and poenalty of treble the whole charges of printing, & paper, &c, of the whole quantity payd for by the ouner of the coppie, to the sajd ouner or his assignes. 26 In "Records of the Governor and Company of the Massachusetts Bay ii/ New England. Printed by order of the Legislature. Edited by Nathaniel B. Shurtleff." Vol. 4,part2. 1661-1674. 4°. Boston, W: White, 1854, pp. 5C6, 527. Note 3. (See page 63. ) 3C Pranking Privilege for Copyright Deposits. Por further mutations of the franking privilege see the appropriation act of March 3, 1873, chapter 231, which provided: Sec. 3. * * *. ProOTied, That all laws and parts of laws permitting the transmis- sion by mail of any free matter whatever be, and the same are hereby, repealed 36 from and after June thirtieth, eighteen hundred and seventy-three. (17 Stat. L., p. 559.) 113 114 COPYRiaHT ENACTMENTS, 1783-1906. Note 3 — Continued. 1 See also the act of March 3, 1877, chapter 103, sections 5 and 6 (19 Stat. L., pp. 335-336); and the act of March 3, 1897, chapter 180, section 29 (20 Stat. L., p. 362). Note 4. {See page 60.) 5 Typesetting in the Philippine Islands, copyright law — philippine islands. The provisions of the copyright act of March 3, 1891, (26 Stat., 1107), which requires that the two copies of books, photographs, chromes, or lithographs required to be deposited with the Librarian of Congress shall be printed from type set within 10 the limits of the United States, are not complied with by depositing with that officer copies of publications printed from type set within the Philippine Islands. Congress has not extended the copyright laws to the Philippines, but has enacted, in setting up a separate government for these islands, that section 1891 of the Revised Statutes, extending the Constitution and applicable laws to organized X5 Territories, is not to be in force in the Philippines. Dbpaetment of Justice, Washington, D. C, July S8, 190S. Sir: I have the honor to acknowledge your reference, with a request for an opinion, of a letter, da^ed the 14th instant, from the Librarian of Congress, in which he says: 20 The Eevised Statutes relating to copyright (section 4956) require in regard to a book, photograph, chromo, or lithograph, that two copies be deposited; and by the amendatory act of March 3, 1891 (26 Stat., 1107), it is further required that in the case of these four articles — "The two copies of the same required to be delivered or deposited as above shall 25 be printed from type set within the limits of the United States, or from plates made therefrom, or from negatives, or drawings on stone made within the limits of the United States, or from transfers made therefrom." The question is raised as regards citizens of the United States residing in the Philip- pines, whether this provision of the act of March 3, 1891, is complied with if copies 30 of their books, photographs, chromos, or lithographs are deposited which have been printed from type set within the territory of the Philippines. * * * The Supreme Court decided that the tariff law of 1897, levying duties upon goods imported into the United States "from foreign ports," did not apply to goods com- ing from our insular possessions, because their ports were not foreign, but domestic. 36 The principle applied was the same as in the case of laws concerning minors, which do not affect those who were minors when the laws were passed after they cease to be minors. It was not decided, however, that our new possessions are part of "the United States" or "within the limits of the United States." 40 Internationally, they are a part of the United States, that is to say, territory under our exclusive sovereignty. But their relations with our own legal system are deter- mined by other than international principles. In an opinion of my predecessor, dated December 2, 1898 (22 Opin., 269), speak- ing of "Porto Rico, Cuba, and Manila," he said: 45 When they shall have been directly ceded by treaty to the United States, and such treaty duly ratified by the Senate, their respective inhabitants will not be entitled to the benefit of the copyright laws unless the treaty by its terms confers such right, or Congress shall afterwards extend such laws to the inhabitants of those countries. Congress has not extended the copyright laws to the Philippines, but has enacted, 50 in setting up a separate government and institutions for those islands, that section TYPESETTING IN THE PHILIPPINE ISLANDS. 115 Note 4 — Continued. 1891 of the Revised Statutes, extending the Constitution and applicable laws to organ- 1 ized Territories, is not to be in force in the Philippines. That a country may be a domestic country and yet not a part of "the United States IS apparent from the thirteenth amendment to the Constitution and the vari- ous opinions in the insular tariff cases. The treaty and law-making power seem to 6 have sought to avoid incorporating the Philippines with the United States. They are given a local government for local purposes, with little or no machinery for enforc- ing distinctively Federal law; a separate customs system, treasury, and postal service; and they are then held aloof by the declaration that the law for the usual extension of the Constitution and laws to organized Territories is not to apply. 10 Whether we should regard their resulting status as excluding them from "the United States" generally, or treat the declaration referred to as equivalent to saying that -Congress does not intend the Revised Statutes as amended, including R. S. 4956, to be construed as embracing the Philippines, I think the question presented by the Librarian of Congress should be answered in the negative. 15 Very respectfully, Henry M. Hoyt, _, _ Acting Attornn- General. The President. In ' ' Official Opinions of the Attorneys-General of the United States. ' ' Advance sheets. Vol. 25, 8vo. Washington, Government Printing Office, 1903 [-1906], 20 pp. 25-27. Note 5. {See page 61. ) Free Lists of the Tariff Acts of 1890 and 1897. The paragraphs referred to in section 3 of the act of March 3, 1891, amending sec- tion 4956 of the Revised Statutes, are from the list of articles allowed to be imported 25 free of duty, of the act of October 1, 1890, and are as follows: FREE LIST OF TARIFF ACT OF 1890. 512. Books, engravings, photographs, bound or unbound etchings, maps, and charts, which shall have been printed and bound or manufactured more than twenty years at the date of importation. 30 513. Books and pamphlets printed exclusively in languages other than English; also boobs and music, in raised print, used exclusively by the blind. 514. Books, engravings, photographs, etchings, bound or unbound, maps and charts imported by authority or for the use of the United States or for the use of the Library of Congress. 35 516. Books, maps, lithographic prints, and charts, specially imported, not more than two copies in any one invoice, in good faith, for the use of any society incor- porated or established for educational, philosophical, literary, or religious purposes, or for the encouragement of the fine arts, or for the use or by order of any college, academy, school, or seminary of learning in the United States, subject to such regu- 40 lations as the Secretary of the Treasury shall prescribe. 516. Books, or libraries, or parts of libraries, and other household effects of per- sons or families from foreign countries, if actually used abroad by them not less than one year, and not intended for any other person or persons, nor for sale. (Fifty- first Congress, first session, chapter 1244, 26 Statutes at Large, page 604.) 45 116 OOPTBIGHT ENACTMENTS, 1783-1906. Note 5 — Continued. 1 The paragraphs Nos. 512 to 516, inclusive, of the tariff act approved October 1, 1890, became by the amended tariff act approved July 24, 1897, paragraphs Nos. 500 to 504, inclusive, of the free list as follows: FBEE LIST OF THE TARIFF ACT OF 1897. 5 "500. Books, engravings, photographs, etchings, bound or unbound, maps and charts imported by authority or for the use of the United States or for the use of the Library of Congress. "501. Books, maps, music, engravings, photographs, etchings, bound or unbound, and charts, which shall have been printed more than twenty years at the date of 10 importation, and all hydrographic charts, and publications issued for their sub- scribers or exchanges by scientific and literary associations or academies, or publi- cations of individuals for gratuitous private circulation, and public documents issued by foreign governments. "502. Books iand pamphlets printed exclusively in languages other than English; 15 also books and music, in raised print, used exclusively by the blind. "503. Books, maps, music, photographs, etchings, lithographic prints, and charts, specially imported, not more than two copies in any one invoice, in good faith, for the use or by order of any society or institution incorporated or established solely for religious, philosophical, educational, scientific, or literary purposes, or for the encour- 20 agement of the fine arts, or for the use or by order of any college, academy, school, or seminary of learning in the United States, or any State or public library, and not for sale, subject to such regulations as the Secretary of the Treasury shall prescribe. "504. -Books, libraries, usual and reasonable furniture, and similar household effects of persons or families from foreign countries, all the foregoing if actually used 26 abroad by them not leas than one year, and not intended for any other person or persons, nor for sale." (Fifty-fifth Congress, first session, chapter 11, 30 Statutes at Large, 196.) Opinion of the Attorney-General, June 5, 1901. 30 The question whether the amended paragraphs 500 to 504 of the Act of July 24, 1897, should be considered a part of the copyright law was submitted -to the Attorney- General, who decided on June 5, 1901, adversely to that construction. The text of his decision follows: IMPORTATION OF COPYRIGHTED MUSIC. 36 Copyrighted music imported under the provisions of paragraph 503, Act of 1897, is not exempted from the prohibition of importation contained in the amendment of section 4956, Revised Statutes, by Act of March 3, 1891. (23225.) Treasury Department, August 10, 1901. Sir: I am in receipt of your letter of April 16 last, in which you request an opin- 40 ion from this Department, in order to answer inquiries submitted to your office, whether paragraph 503 of the tariff Act of 1897, which includes music in the free list, is operative to allow the importation of copyrighted music, two copies at any one time, when imported for the use of any society incorporated or established for educa- tional, philosophical, or religious purposes, etc. 45 The Department, being in doubt, in view of the decision of the United States cir- cuit court for the district of Massachusetts in the case of Littleton et al. v. Ohver Ditson Company (62 Fed. Rep., 597), and of certain opinions of the Attorney-Gene- ral, submitted the question to that officer, and it will be observed from his reply (a copy of which is inclosed) that copyrighted music imported under the provisions of 50 the paragraph cited is not exempted from the prohibition of importation contained in the amendment of section 4956, Revised Statutes, by the Act of March 3, 1891. Respectfully, O. L. Spaulding, Aesiatant Secretary. Register op Copyrights, 55 Library of Congress, Washington, D. C. OPINION OF THE ATTORNEY-QENEKAL, JUNE 5, 1901. 117 Note 5 — Continued. Paragraph 503 of the free Hst of the tariff act of July 24, 1897 (30 Stat., 196), merely \ provides when and under what circumstances the articles therein specified are exempt from duty on importation, and does not repeal or modify any part of the copyright law. By sections 4964 and 4965, R. S., as amended March 3, 1891 (26 Stat., 1109), the 5 importation of any of the copyrighted articles enumerated therein, including music, is made a penal offense, and consequently is prohibited. What is implied in a statute is just as much a part of it as if expressed. Department op Justice, June 5, 1901. 10 Sm: I have the honor to reply to your note of May 29, 1901, in which, after refer- ring me to various sections of the copyright act of 1891 and the tariff act of 1897, you request my official opinion, in substance, whether, notwithstanding the prohibitions of the copyright act, paragraph 503 of the free list of the tariff act of 1897 authorizes the importation of copyrighted music for the purposes and in the manner specified 15 in that paragraph. The principal question is, whether the copyright act forbids the importation of copyrighted music. If it does, the second question would be, whether paragraph 503 of the tariff act authorizes what the copyright act forbids. The copyright act of March 3, 1891 (26 Stat., 1109), amending section 4956 of the 20 Revised Statutes, provides that — During the existence of such copyright the importation into the United States of any hook, chromo, lithograph, or photograph, so copyrighted, or any edition or edi- tions thereof, * * * shall be, and is hereby, prohibited. Except in the cases specified in paragraphs five hundred and twelve to five hun- 25 dred and sixteen, inclnsive, in section two of the act entitled "An act to reduce the revenue and equalize the duties on imports, and for other purposes, approved Octo- ber first, eighteen hundred and ninety," and. Except in the case of persons purchasing for use and not for sale, who import sub- ject to the duty thereon, not more than two copies of such hook at any one time 30' * * * which are hereby exempted from prohibition of importation. (26 Stat., 1107, 1108.) It was, of course, competent in such acts to forbid the importation of all such copy- righted articles, or to forbid the importation of only some of them. Whether the acts have done the one or the other must be determined by inspection. 35 By Revised Statutes, section 4952, as amended (26 Stat., 1109), the following arti- cles may be copyrighted, viz., a "book, map, chart, dramatic or musical composi- tion, engraving, cut, print, photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts," while by section 3 of that act, amending Revised Statutes, section 40 4956, the prohibition of importation extends only to a "book, chromo, lithograph, or photograph." It is obvious, therefore, that Congress intended by this section to prohibit the importation of only a small portion of the articles which might be copyrighted, and equally apparent that the prohibition intended and expressed is only of the four 45 articles there named; and, if this were the only prohibition, it is quite certain that it would not prohibit the importation of copyrighted music nor musical compositions. But, while this is the only express prohibition, it is not the only prohibition of importation contained in the copyright act of March 3, 1891 By amended sections 4964 and 4965, Revised Statutes (26 Stat., 1109), the importation of any of the enu- 50 merated copyrighted articles is made a penal offense. This can mean nothing less than the prohibition ol what is thus made penal; for what is implied in a statute is just as much a part of it as if expressed. The result is that, while by amended sec- 118 OOPXEIGHT ENACTMENTS, 1783-1906. Note 6 — Continued. 1 tion 4956 the importation of only four kinds of copyrighted articles is forbidden, -with certain exceptions there specified, yet, by amended sections 4964 and 4965, the importation of any and all copyrighted articles is prohibited, including the second prohibition of the four first named, and to this second prohibition there is no excep- 5 tion at all, unless the exceptions to cases in section 4956 extend also to the cases in sections 4964 and 4965. Under this kind of legislation it is impoesible to arrive at any satisfactory conclu^on as to what Congress really did intend by it. I am of opinion, however, that the importation of all the copyrighted articles mentioned in amended sections 4956, 4964, and 4965 is prohibited, with the excep- 10 tions stated in amended section 4956. And I am of opinion that these exceptions, though not so expressed, apply alike to the prohibitions in all these three sections, so far as, in their nature, they are applicable to articles mentioned in sections 4964 and 4965. These exceptions are thus stated: 15 Except in the cases specified in paragraphs 512 to 516, inclusive, in section 2 of the act of 1890— the tariff act. And except in cases of persons purchasing for use and not for sale, who import subject to the duty thereon, not more than two copies of such book at any one time, and except that in case of newspapers and magazines not containing in whole or in 20 part, matter copyrighted under the provisions of this act, unauthorized by the author, which are hereby exempted from prohibition of importation. The effect of the first exception is to exempt from the prohibition of importation the articles mentioned in paragraphs 512 to 516, inclusive, of the tariff act of 1890. It relates expressly to those named articles, and it does not extend the exemption to 25 any others, nor to any others that may be included in the same or similar paragraph of any subsequent, act, and as music or musical compositions are not included in these paragraphs 512 to 516, neither is exempted from the prohibition of importation, nor does it become so by having one of the articles named in paragraph 503 of the tariff act of 1897. The exemption referred expressly to articles in the tariff act of 1890, 30 and not to articles in the tariff of 1897. The other exception of prohibition of importation has relation, so far as is important here, to hooTcs only, and not to music. With relation to this and to some other portions of this opinion, I am not unmindful that music and musical compositions are sometimes in the form of books, 35 ^iid £ire sometimes produced or reproduced by lithography, or by a process- of photography. But it is apparent that in these acts the words "books," "litho- graphs," and "photographs" are used in their ordinary and popular sense, and that the word "book," "lithograph," or "photograph" was not understood or intended to include music or musical compositions is apparent from the fact that, while men- 40 tioning these three, the act in several instances expressly adds also musical composi- tions as not being already provided for. This term would have been without meaning and useless in the statute, although several times used, if it were included in what is otherwise expressed. When a gen- eral word or term is used, broad enough to include another particular thing or species, 45 but that other is also expressly named in the same connection, it is presumed that this was done because it was not understood or intended to be comprehended in the more general word or term. It is quite obvious, and is also the result of rules of legal construction, that the words "book," "lithograph," or "photograph" were not intended to include music 50 or musical compositions. They are, therefore, not within any exception to the pro- hibition of importation. {Littleton v. Oliver Hitson Co., 62 Fed. Eep., 597.) Paragraph 503 of the tariff act of 1897— as to the effect of which you inquire— has nothing whatever to do with the question submitted. The object and oflBce of a tariff OPINIOJS- OE' THE ATTORNEY-GENERAL, JUNE 5, 1901. 119 Note 5 — Continiied. act is to prescribe certain duties to be levied upon certain imported articles and to 1 state what articles are exempt from such duties. Unless expressly so provided, it has little or nothing to do with authorizing the importation of foreign goods. Generally, and unless expressly forbidden, the importation of goods from one friendly nation to another is merely a matter of common right and comity, and does not 6 require any special authorization by tariff laws or otherwise. Indeed, the tariff act of 1897 does not profess to confer any right of importation. As is usual in such statutes, its first section simply provides that "there shall be levied, collected, and paid upon all articles imported," etc., certain specified duties, and the free list begins with the statement that, "unless otherwise specially pro- 10 vided for in this act, the following articles, when imported, shall be exempt from duty." Doubtless, if it were required, these would amount to an implied permission to import upon the terms stated; but this is not at all the object or purpose, nor is it at all necessary. Nor does the right to import depend at all upon these provisions, but would exist equally without them, and by the comity of friendly nations. 15 Paragraph 503 of the tariff act of 1897 therefore simply provides when and under what circumstances the articles there specified, including music, are exempt from duty on importation, and does not contradict, much less repeal, modify, or abrogate any part of the copyright act. Your question is therefore answered in the negative. 20 EespectfuUy, P. 0. Knox. The Sbcketary of the TEEAsuKy. In "OfiBcial Opinions of the Attorneys-General of the United States. Edited by John L. Lott and James A. Finch." "Vol. 23, 8° Washington, Govern- ment Printing Office, 1902, pp. 445-450. 25 Also in "Treasury Decisions. 1901." Vol. 4, 8vo. Washington, Government Printing Office, 1902, pp. 697-700. Note 6. (See page 61 ) . Teeasuky Department Decisions and Opinions of the Attoeneys-Genekal Con- cerning Importation Undee the Provisions of the Copyright Laws. 39 (a) customs regulations as to importation of copyright articles, 1899. Copyrighted hooks and other articles. Art. 613. Copyrighted books and articles, the importation of which is prohibited by section 4956, Revised Statutes, as amended by section 3 of the act of March 3, 1891, shall not be admitted to entry. Such books and articles, if imported with the 35 previous consent of the proprietor of the copyright, shall be seized by the collector of customs, who will take the proper steps for the forfeiture of the goods to the United States under section 3082, Eevised Statutes. Art. 614. Copyrighted books and articles imported contrary to said prohibition and without the previous consent of the proprietor of the copyright, being primarily 40 subject to forfeiture to the proprietor of the copyright, shall be detained by the col- lector, who shall forthwith notify such proprietor in order to ascertain whether or not he shall institute proceedings for the enforcement of his right to the forfeiture. Art. 615. If the proprietor institute such proceedings and obtain a decree of for- feiture, the goods shall be delivered to him upon payment of the expenses incurred 45 in the detention and storage, and the duties accrued thereon. If such proprietor shall fail to institute such proceedings within sixty days from date of notice, or shall declare in writing that he abandons his right to the forfeiture, then the collector shall proceed as in the case of articles imported with the previous consent of such proprietor. 50 120 COPTBWHT ENACTMENTS, 1783-1906. Note 6 — Continued. 1 Aet. 616. Copyrighted articles, the importation of which is not prohibited, but which, by virtue of section 4965, Revised Statutes, as amended by section 8 of said act, are forfeited to the proprieter of the copyright when imported without his pre- vious consent, and are moreover subject to the forfeiture of $1 or $10 per copy, as 5 the case may be, one-half thereof to the said proprietor and the other half to the use of the United States, shall be taken possession of by the collector, who shall take the necessary steps for securing to the United States half of the sum so forfeited, and shall keep the goods in his possession until a decree of forfeiture is obtained, and the half of the sum so forfeited, as well as the duties and charges accrued, are paid; 10 whereupon he shall deliver the goods to the proprietor of the copyright. Duties collected on prohibited copyrighted articles can not be refunded. In case of failure to obtain a decree of forfeiture, the goods shall be admitted to entry. Joint regulations of the Treasury and Post- Office Departments. 15 Akt. 617. For the purpose of carrying into effect the provision in section 4965, Revised Statutes, as amended by the copyright acts of March 3, 1891, and March 2, 1895, which prohibits the importation of musical compositions duly copyrighted there- under, and under the authority conferred by section 4958, Revised Statutes, as amended, which provides that "the Secretary [of the Treasury] and Postmaster- 20 General are hereby empowered and required to make and enforce such rules and regulations as shall prevent the importation into the United States, except upon the conditions above specified, of all articles prohibited by this act," the following regu- lations are promulgated for the government of the officers of the customs arid of the postal service, viz: 25 Akt. 618. Inasmuch as under paragraph 403, act of July 24, 1897, music in books or sheets, except in certain specified cases, is liable to customs duty, postmasters are instructed to carefully examine the mails from foreign countries and to forward all musical publications found therein to the nearest customs oflScer. Customs officers are instructed to keep a close watch for matter imported through the usual channels 30 in violation of the copyright act. Aet. 619. Upon the receipt of such matter from postmasters or in the usual chan- nels, customs officers will proceed to collect, in the regular manner, the duty on all such matter as is properly admissible, and shall hold all music in books or sheets imported in violation of any copyright of the United States, and notify by mail the 35 owner of the copyright and the owner, importer, or consignee of the prohibited arti- cles, or the person to whom addressed. Akt. 620. If within three months from the mailing of the notice the owner of the copyright shall not institute proceedings for forfeiture of such articles under the pro- visions of section 4965, Revised Statutes, as amended by the act of March 2, 1895 40 (28 Stat., 965), or the owner or importer of the prohibited articles, or the person to whom addressed, shall not appear and show cause to the contrary, the customs officer is directed to burn or otherwise destroy the prohibited articles. In "Customs Regulations of the United States Prescribed for the Instruction and Guidance of Officers of Customs. United States Treasury Department." 45 8vo. Washington: Government Printing Office, 1900, pages 210, 211, 212. (b) teeasijey depaetment decisions and opinions op the attohneys-genbeal. Copyrighted books — "Ben Hur." (15664. ) Tkeasury Department, February S8, 189S. Gentlemen: The Department is in receipt of your letter of the 23d instant, further 50 in regard to the importation of Canadian copies of the book entitled "Ben Hur," which you state was copyrighted on October 12, 1880. OPINION OF THE ATTOENEY-GENEBAL, APEIL 19, 1895. 121 Note 6 — Continued. The case cited by you and stated in a newspaper clipping attached to your letter 1 involves the right of a passenger on a railroad train to bring into the United States a copy of said book purchased for his own use, and you ask that instructions may be issued to collectors to refuse admission to such books. By reference to section 3 of the copyright act of March 3, 1891, you will observe 5 that two copies of copyrighted books, ete. , purchased by persons for their own use and not for sale, and imported subject to the duty thereon, are exempted from prohibi- tion of importation. The copies referred to by you are sold at 25 cents each, and the duty thereon at the rate of 25 per cent ad valorem would be 6J cents, which duty, under the provisions 10 of article 1036, Customs Regulations of 1892, would be remitted by the collector. The Department is therefore unable to grant your request. Respectfully, yours, Charles S. Hamlin, Acting Secretary. Messrs. Hahper & Bros., 15 Franklin Square, New York. (In "Decisions under the tariff and navigation laws, etc., February, 1895." 8vo. Washington. Treas. Dept. Doc. No. 1759. p. 125.) In "Synopsis of the Decisions of the Treasury Department. 1895." 8vo. Washington, Government Printing Ofllce, 1896, p. 125. 20 COPYRIGHT ACT. Section 3 of the copyright act of March 3, 1891 (26 Stat., 1106), prohibiting the importation into the United States of foreign editions of any book copyrighted in this country, is applicable to books copyrighted prior to the passage of the act; and the exceptions in the case of persons purchasing for use and not for 25 sale, who import, subject to the duty thereon, not more than two copies of such book at any one time, is not limited in its application to the "authorized editions" of such book. Department op Justice, April 19, 1896. 30 Sir: I have your letter of the 15th instant, inclosing a letter from Messrs. Harper & Bros., of February 15, 1895, with a copy of your reply thereto, dated February 28, 1895, and a further letter from said firm, dated March 2, 1895, and the opinion of the Solicitor of the Treasury as to the application of section 7 of the copyright act of March 3, 1891, to books copyrighted before said act went into effect. "5 You ask my opinion "as to whether section 3 of said act is applicable to books copyrighted prior to the passage of said act; and if so, whether the exception therein of two copies of copyrighted books is limited to what are known as 'authorized editions,' as claimed by Messrs. Harper & Bros." The act of March 3, 1891 (26 Stat., 1106), is entitled "An act to amend title 60, 40 chapter 3, of the Revised Statutes of the United States, relating to copyrights." It will be observed as to this act, that although entitled "An act to amend title 60, chapter 3," yet, in fact, it amends only certain specific enumerated sections of that chapter. It will be observed, further, that it does not repeal the then exising statutes on the 45 subject, but that the amendments consist solely in the addition, of new provisions. The rule of construction, as stated in Sutherland on Statutory Construction, section 133, is as follows: The portions of the amended sections, which are merely copied without changes, are not to be considered as repealed and again enacted, but to have been the law all 60 122 COPYRIGHT ENACTMENTS, 1783-1906. Note 6 — Continued. 1 along; and the new parte, or the changed portions, are not to be taken to have been the law at any time prior to the passage of the amended act. The change takes effect, prospectively, according to the general rule. And in Endlich on the Interpretation of Statutes, section 195: 5 An amendment of a statute may or may not operate as an implied repeal of the original law. If it does not change the same, but merely adds something to it, it is not, in general, a repeal thereof. The act of March 3, 1891, was intended, as is well known, to protect domestic authors against foreign infringements of their copyrighte. And, as appears by section 10 13 of that act, it invited reciprocity in this matter from foreign Governments. Section 2 is an amendment of section 4956, Eevised Statutes. It does not operate to repeal any provision of section 4956, but amends it only "by adding something new." It provides for the deposit in the mail or the delivery at the office of the Librarian of Congress of a printed copy of the title of the work produced, and also 15 two copies of such work; with the proviso, however, that "during the existence of such copyright the importation into the United States of any book * * * copyrighted, or any edition or editions thereof, * * * shall be and is hereby prohibited." Does this apply only to such books as shall have been copyrighted since March 3, 20 18917 I think not. It secures to the owner of the copyright of every book which shall have been copyrighted in accordance with the requirements of this statute, whether before or after its passage, protection against the sale in this country of for- eign publications of his book by prohibitiiig the importation of such foreign publica- tions. The act is prospective only as to this new security which it affords to the 25 owner of the copyright, and is not prospective as to the books to which that security applies. He can not claim indemnity for losses sustained by reason of such importation and sale prior to the passage of the act; but while hia copyright continues, whether it was acquired before or since March 3, 1891, the benefit of the act extends to him. 30 Neither the letter, the spirit, nor the reason of the act confines the application of the protection it affords to those books that have been copyrighted since its passage. Tariff laws are prospective. But an amended statute which places on the free list certain articles theretofore subject to duty is not limited in its application to those -articles of that class which have been produced or manufactured since the- passage of 35 the amendatory act. ' To this proviso there is an exception as follows: And except in the case of persons purchasing for use and not for sale, who import, subject to the duty thereon, not more than two copies of such work at any one time. Does this refer to two copies of an "authorized edition" of such book? 40 The statute certainly does not say so, and the proviso to which this exception is made provides that "during the existence of such copyright the importation into the United States of any book so copyrighted is hereby prohibited." I am unable to see on what ground it can be claimed that the exception refers to those books only the foreign publication of which has been authorized by the owner 4-5 of the copyright. I am therefore of the opinion — 1. That section 3 of the act of March 3, 1891, applies as well to books which have been copyrighted before as to those which have been copyrighted since the passage of the act. 50 2. That the exceptions in the case of persons purchasing for use and not for sale, who import, subject to the duty thereon, not more than two copies of such book at OPINION OF THE ATTOENEr-GENERAL, APRIL 19, 1895. 123 Note 6 — Continued. any one time, is not limited in its application to the "authorized editions" of such 1 book. I herewith return the inclosures accompanying your letter. Very respectfully, HoLMBS Conrad, /Solicitor-General 5 Approved: , „ Richard Olney. The Secretary of the Treasury. ( In " Official Opinions of the Attorneys-General of the United States. Edited by E. C. Brandenburg." Vol. 21, 8vo. Washington, Government Printing 10 Office, 1898, pp. 159-162.) Also in "Synopsis of the Decisions of the Treasury Department, 1895." 8vo. Washington, Government Printing Office, 1896, pp. 446-498. Copyrighted Books — "Ben Hur." (16046) Treasury Department, Jfaj/ i4, i595. 15 Gentlemen: The Department is in receipt of your letter of March 2 last, further in regard to the impoi-tation of copies of the book entitled "Ben Hur," which was copyrighted for the United States on October 12, 1880. You state that the copies are unauthorized or pirated copies, published in Canada, and that you are advised and understand that section 3 of the Copyright Act of 20 March 3, 1891, does not relate to books published in violation of the author's copy- right, but that said section was made a part of the Copyright Act for the purpose of preventing the importation of books published with the consent of the author in foreign countries, except that books so published might be imported for use and not for sale, to the extent of not more than two copies, as in that section provided, and 25 that the importation of a book published without the consent of the author in a for- eign country is an infringement of the copyright, and subjects such books to forfei- ture under section 7 of said act. The questions involved have been submitted to the Attorney-General, and the Solicitor-General, under date of the 19th ultimo, advises the Department that the 30 provision in section 3 of the act of March 3, 1891, which prohibits the importation of any book copyrighted or any edition or editions thereof is equally applicable to books copyrighted before or after the passage of said act; that the proviso in said section which allows the importation of two copies of copyrighted books by persons purchas- ing for use and not for sale is also applicable to such books, and that the proviso is 35 not limited in its application to the "authorized editions" of such books. The Department, in view of this opinion, sees no reason for revoking its decision of February 28 last. Respectfully yours, C. S. Hamlin, Acting Secretary. 40 Messrs. Harper & Bros., Franklin Square, New York. [For copy ol opinion above referred to see above pp. 121-123.] In "Synopsis of the Decisions of the Treasury Department and Board of U. S General Appraisers on the Construction of the Tariff, Navigation, and other 45 laws, 1895." 8vo. Washington, Government Printing Office, 1896, pp. 495-498. UNAUTHORIZED EDITIONS OF BOOKS COPYRIGHTED IN THE UNITED STATES CAN NOT BE IMPORTED FOR SALE. ( 16739. ) Treasury Department, February 3, 1896. Sir: The Department duly received your letter of the 15th ultimo, inclosing a 50 statement from the American Copyright League and the American Publishers' 124 COPYRIGHT ENACTMEWTS, 1783-1906. Note 6 — Continued. 1 Copyright League, in which they request a review of the Department's decieion, Synopsis 16046, dated May 14, 1895, "That the exception in the case of persons pur- chasing for use and not for. sale, who import, subject to the duty thereon, not more than two copies of such book at any one time, is not limited in its application to the 5 'authorized editions' of such book." The above-mentioned statement proceeds on the assumption that said decision authorized the importation generally of so-called unauthorized editions of books copyrighted in the United States, but this assumption is manifestly erroneous, inas- much as said decision applies only to books imported into the United States by per- 10 sons for their own use, and not for sale. The decision was based upon an opinion of the Attorney-General, dated April 19, 1895, as to the proper construction of the law, and the Department is, therefore, unable to reconsider it. The importation of such books for sale is illegal, and the remedy of the owners of 15 the copyright in this country is set forth fully in section 7 of the act of March 3, 1891. Eespectfully, yours, Charles S. Hamlin, Assi^ni Secretary . Mr. K. U. Johnson, 20 Secretary American Copyright League, New York, N. Y. In "Decisions under the tariff, immigration, and navigation laws, etc., Feb- ruary, 1896." Treasury Department Document No. 1845. 8vo. Washington, p. 66. In "Synopsis of the Decisions of the Treasury Department, 1896," 8vo 25 Washington, Government Printing Office, 1897, p. 66. IMPOHTATION OF CHROMOS — STATUTORY CONSTRUCTION. The importation of foreign-made chromos, which are copies of a foreign painting that has been copyrighted, but which are not themselves copyrighted, but are protected only by the copyright of the original painting, is not prohibited by an 30 act of Congress providing the manner of obtaining a copyright for chromos, and forbidding, during the existence of such copyright, the importation into the United States of any chromos so copyrighted. Where the language of an act of Congress is ambiguous, the probable intention of the individual Members of Congress would be sought as a guide to construction, 35 but a clear omission from the statute can not be supplied upon any considera- tion of supposed oversight, inconsistency, or hardship. Department of Justice, October 3, 1896. Sir: Certain foreign-made chromos which are copies of a foreign painting are 40 being imported. The painting has been copyrighted under sections 4952 and 4956 of the Revised Statutes, as amended by the act of March 3, 1891, chapter 565. You do not inform me whether or not the importation is a violation of the copyright; nor is this material to the question which has arisen in your Department. These chromos are not made from drawings on stone made within the limits of the 45 United States; and in your communication of September 15 you ask to be advised whether their importation is prohibited by the proviso to section 4956. Under the enactments above referred to, by observing the proper formalities, not only may a painting be copyrighted but also a book, photograph, chromo, or litho- graph. It is not, however, profitable to copyright a chromo or other lithograph rep- 60 resenting a copyrighted painting; for the copyright of the painting protects all copies OPINION OF THE ATTOBNEY-OENERAL, OCTOBER 3, 1896. 125 Note 6 — Continued. made by its owner or persona authorized by him, while copies made by anybody 1 else, whether by lithography or otherwise, are illegal. Hence, chromos may be imported which are not themselves copyrighted, but are protected only by the copy- right of the original painting; and I understand from you that these chromos are of such a description. k To obtain a copyright for a painting under section 4956 a photograph thereof must be delivered to the Librarian of Congress, or else deposited in the mail within the United States addressed to him. To obtain a copyright for the chromo or litho- graph, two copies thereof must be so delivered or deposited; provided— and this is the proviso to which you refer— that "the two copies of the same required to be 10 delivered or deposited as above shall be printed from * * * drawings on stone made within the limits of the United States or from transfers made therefrom." The proviso relates also to books and photographs, but not to paintings. It continues as follows: During the existence of such copyright the importation into the United States of 15 anybook, chromo, lithograph, or photograph so copyrighted, or any edition or editions thereof, or any plates of the same not made from type set, negatives, or drawings on stone made within the limits of the United States, shall be, and it is hereby, prohibited. This proviso clearly applies only to books, chromos, lithographs, or photographs, 20 copyrighted as thereinbefore directed, namely, by delivering or depositing two copies with the Librarian of Congress. It can not, without violation of its language, be so read as to include in its application chromos or photographs protected merely by the copyright of the painting. It is urged that the individual Members of the Congress which enacted the proviso 25 intended to include all chromos protected by copyright, whether the copyright was granted for the chromo itself or for the painting of which it is a copy. Had they so intended it would have been easy to say so. Had their language been ambiguous their probable intent would have been sought for as a guide to construction. But their language is unambiguous, and to torture the clear language of Congress in order 30 to fulfill a supposed intent of its individual members would be to legislate, not to construe the law. "A clear omission from a statute like this can not be supplied upon any considerations of supposed oversight, inconsistency, or hardship." (21 Opin., 292.) I have therefore the honor to advise you that the importation of the chromos is 35 not prohibited. Very respectfully, Edward B. Whitney, Acting Attorney- General. The Secketaey of the Tbeasuky. From the "Official Opinions of the Attorneys-General of the United States. 40 Ed. by E. 0. Brandenburg." Vol. 21. 8vo. Washington, Government Print- ing Office, 1898, pp. 416-418. IMPOETATION OF CHROMOS WHICH ARE COPIES OF A COPYRIGHTED PAINTING NOT PRO- HIBITED BY PROVISO OF SECTION 3 OF THE ACT OF MARCH 3, 1891. (17454.) Treasury Department, October iS, 1896. 45 Sir: The Department duly received your letter of July 31 last, inclosing a commu- nication from Mr. A. Bell Malcomson, in regard to the importation of certain toy books, booklets, etc., containing chromo-lithographs of paintings which have been copyrighted under the provisions of the act of March 3, 1891. The chromos which form the cover, and in some cases the illustrations of the 50 books, have not been copyrighted as chromos, under said act, but Mr. Malcomson 126 COPYRIGHT ENACTMENTS, 1783-1906. Note 6 — Continued. 1 claims that, as they are protected by the copyright on the original painting, their importation is prohibited by the proviso in section 3 of the act which prescribes that "during the existence of such copyright the importation into the United States of any book, chromo, lithograph, or photograph so copyrighted, or any edition or edi- 5 tions thereof, or any plates of the same not made from type set, negatives, or draw- ings on stone made within the limits of the United States, shall be, and it is hereby, prohibited." The question involved has been submitted to the Solicitor of the Treasury and to the Attorney-General, and those officers concur in the opinion that the importation 10 of chromes which are copies of a copyrighted painting is not prohibited by said proviso. You will therefore be governed accordingly. Respectfully, yours, Charles S. Hamlin, Acting Secretary. 15 Collector of Customs, New York, N. Y. In "Decisions under the tariff, immigration, and navigation laws, etc., October, 1896." Treasury Department Document No. 1906. 8vo. Washington, p. 773. In "Synopsis of the Decisions of the Treasury Department, 1896." 8vo. 20 Washington, Government Printing Office, 1897, p. 773. importations op copyright articles. y The term "book," as construed by the courts under the copyright laws, includes a musical or other composition, though printed on but one sheet. The importation of reprints of musical compositions copyrighted in the United States 25 is prohibited. The importation of music books copyrighted in the United States is prohibited. Music books made up in part of musical compositions copyrighted in the United States are prohibited importation. An article which is prohibited importation can not gain admission through being 30 attached to an article which is not prohibited. Regulations for the forfeiture or destruction of imported prohibited articles may be so framed as to provide due process of law. Department op Justice, February 7, 1898. 35 Sir: In your communication of November 27 you call my attention to the provi- sions of sections 4956, 4958, 4964, and 4965 of the Revised Statutes as amended by "An act to amend title sixty^ chapter three, of the Revised Statutes, relating to copy- rights," approved March 3, 1891 (26 Stat., 1106), and submit the following questions: 1. Are the reprints of musical compositions copyrighted in the United States pro- 40 hibited importation? 2. Are music books prohibited importation in view of the special provision of the law prohibiting copyrighted books (presumably all kinds)? 3. Are music books made up in part of musical compositions copyrighted in the United States and in part of musical compositions not copyrighted, or which have 45 been protected by copyrights expired, such books as are prohibited importation? 4. Can musical compositions or music books, copyrighted and imported into the United States in contravention of law, be lawfully destroyed or forfeited without a decree by a court? Section 4952, as amended by the act of March 3, 1891, provides that— 50 The author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print,, or photograph, or negative thereof, * » » shall * * » have the sole hberty of printing, reprinting, publishing, * * * and vending the same. «"iu6, OPINION OF THE ATTORNEY-GENERAL, FEBRUARY 7, 1898. 127 Note 6 — Continued. The method of obtaining a copyright is prescribed by section 4956, as amended by 1 this act. The first part of the section requires the author to deposit in the office of the Librarian of Congress a printed copy of the title and two copies of the book, map, chart, dramatic or musical composition, engraving, cut, print, photograph, or chromo. The latter part of the section provides that "during the existence of Such 5 copyright, the importation into the United States of any book, chromo, lithograph, or photograph so copyrighted * * * or any plates from the same not made from type set, negatives, or drawings on stone made within the limits of the United States" is prohibited. Musical compositions are usually published by the lithographic process. The 10 inferior grades are set from type, and occasionally reproduced by one of the numer- ous photographic proc^ses. A consideration of the entire act, its scope and purposes, leads to the conclusion that Congress intended to prohibit the importation of any of the enumerated copy- righted compositions when reprinted or reproduced by type set or by negatives or 15 drawings on stone made outside of the United States. The words "book, map, chart, dramatic or musical composition,'' etc., used in sec- tion 4952, and in the first part of section 4956, denote the intellectual composition; the words "book, chromo, lithograph, or photograph," used in the latter part of ■ section 4956, the physical production. In the first part Congress had in mind the 20 intellectual work to be protected by copyright; in the latter part the mechanical processes used to place such work in salable shape. Under the copyright laws as construed by the courts, the term "book" includes a musical or other composition, though printed on but one sheet. (Clayton et al. v. Stone et al, 2 Paine, 383-391; Drury i'. Ewing, 1 Bond, 540-545; Higgins v. Keuffel, 140 25 U. S.,428.) The reprint of a musical composition may be a "book" or "lithograph" or "photograph," according to the mechanical process used. The importation of copyrighted compositions reproduced by any of the processes mentioned in the con- cluding part of section 4956 is prohibited. Your first and second questions must therefore be answered in the affirmative. 30 So, too, must the third question. Music books made up in part of musical com- positions copyrighted in the United States are prohibited importation. A prohibited ,; article can not gain admission through being attached to an article which is not pro- hibited. A book must be treated as an entirety, and if part of it can not be imported the -whole must be excluded. 35 Your fourth and last question is submitted in view of the following stipulation con- tained in the existing convention between the United States and Canada, which bears date of January 19, 1888: All registered articles, ordinary letters, postal cards, and other manuscript matter, business or commercial papers, books (bound or stitched), proofs of printing, engrav-40 ings, photographs, drawings, maps, and other articles manifestly of value to the sender, : ■which are not delivered from any cause, shall be reciprocally returned, monthly, , without charge, through the central administrations of the two countries in special bags or sacks, marked "Rebuts," after the expiration of the period for their reten- tion required by the laws or regulations of the country of destination. 45 The last paragraph of section 4958, as amended by section 4 of the act of March 3, 1891, provides: The Secretary of the Treasury and the Postmaster-General are hereby empowered and required to make and enforce such rules and regulations as shall prevent the importation into the United States, save upon the conditions above specified, of all 50 articles prohibited by this act. The Solicitor of the Treasury, in response to an inquiry from the Secretary of the Treasury, has expressed the opinion that the Secretary of ^ the Treasury and the Post- 31408°— 06 9 128 COPTBIGHT ENACTMENTS, 1183-1906. Note 6 — Continued. 1 master-General have the authority, under this provision, to make rules and regula- tions for the destruction of music and music hooks imported into this country in violation of the copyright laws of the United States. From this view I am not pre- pared to dissent. The provision of the postal convention quoted certainly does not 5 require the return to Canada of articles which shall become forfeited through a vio- lation of the laws of the United States, and, in my opinion, rules and regulations for the forfeiture and, if deemed necessary, the destruction of prohibited articles may be so framed as to provide due process of law. Very respectfully, John K. Kichahds, IQ Solicitor-General. Approved. John W. Griqgs. The Postmaster-General. In "Official Opinions of the Attorneys-General of the United States. Edited 16 by E. C. Brandenburg." Vol. 22, 8vo. Washington, Government Printing Office, 1900, pp. 29-32. INVALID IMPORTATIONS — DESTRUCTION. When property is of trifling value and its destruction is necessary to effect the object of a valid law, it is within the power of the legislature to order its summary 20 destruction without obtaining a forfeiture by judicial proceedings. By section 4958, Revised Statutes, as amended by section 4 of the act of March 3, 1891, the Secretary of the Treasury and the Postmaster-General, in making and enforcing rules and regulations with reference to the importation of music and music books in violation of copyright laws, may provide for their summary 25 destruction without notice. If their nature and value demand a notice and hearing before destruction, the rules and regulations adopted may be framed to provide for the same. Department of Justice, May 6, 1898. 30 Sir: The last paragraph of section 4958, as amended by section 4 of the act of March 3, 1891, relating to copyrights, provides: The Secretary of the Treasury and the Postmaster-General are hereby empowered and required to make and enforce such rules and regulations as shall jjrevent the importation into the United States, save upon the conditions above specified, of all 35 articles prohibited by this act. In an opinion given the Postmaster-General on February 7, 1898, I stated I was not prepared to dissent from the view expressed by the Solicitor of the Treasury that, under this provision, the Secretary of the Treasury and the Postmaster-General have authority to make rules and regulations for the destruction of music and music 4.0 books imported into this country in violation of the copyright laws of the United States; and, in this connection, used this language: In my opinion rules and regulations for the forfeiture and, if deemed necessary, the destruction of prohibited articles, may be so framed as to provide due process of law. 46 The use of the phrase " due process of law " has led to the inquiry, in your com- munication of the 1st ultimo, whether the forfeiture and, if need be, the destruction of music and music books imported into this country in violation of our copyright laws, may be had " without first obtaining a decree of forfeiture by a court of com- petent jurisdiction." OPINION OP THE ATTOKNEt-GENERAL, MAY 6, 1898. 129 Note 6 — Continued. The phrase "due process of law " does not necessarily mean hy a judicial proceed- 1 ing. ( McMillan v. Anderson, 95 U. S. , 37, 41. ) It is not necessary in every instance to obtain a forfeiture by a judicial proceeding in order to destroy property illegally used. There are cases where property illegally used may be summarily destroyed. When the property involved is of trifling value and its destruction is necessary to 5 effect the object of a valid law, it is within the power of the legislature to order its summary destruction. (Lawton v. Steele, 152 U. S., 133, 141.) To require a judi- cial proceeding to condemn a sheet of music or a music book, wrongfully imported and subject to forfeiture, would effectually prevent, in the case under consideration, the execution of the copyright laws. The expense of such a proceeding would 10 largely exceed the value of the music or music books. The return of the music or music books to the foreign seller would afford him an inducement to violate the law again. By the provision under consideration, the Secretary of the Treasury and the Post- master-General are not only empowered but required to make and enforce such rules 15 and regulations as shall prevent the importation of prohibited articles. To prevent effectually the importation of prohibited music and music books may require, under certain circumstances, their summary destruction without notice; and if their nature and value demand a notice and hearing before destruction, the rules and regulations to be adopted may be so framed as to provide for the same, and protect the interests 20 of all parties concerned, without preventing or impeding the enforcement of the copy- right law by putting the Government to the necessity of resorting in the first instance to the courts. \Re8pectfuIly, John'K. Richards, Solidtor-General. 25 Approved. John W. Griggs. The Secretary op the Treasury. In "Official Opinions of the Attorneys-General of the United States. Edited by E. 0. Brandenburg." Vol. 22, Svo. Washington, Government Printing 30 Office, 1900, pp. 70-71. DISPOSITION OP MUSIC IMPORTED BY MAIL IN VIOLATION OP THE COPYRIGHT LAWS. [Circular No. 114.] (19514.) Treasury Department, Office op the Secretary, 35 Washington, D. C, June 21, 1898. To officers of the customs and others concerned: The following joint regulations of the Treasury and Post-Office Departments are published for your information and guidance. L. J. Gage, Secretary. 4:0 [For text of Joint Regulations, see Art. 617-620, p. 120.] In "Treasury Decisions. 1898." Vol. 1, Svo. Washington, Government Printing Office, 1898, pp. 982-983. importation op copyrighted books, etc Printed sheets of books, etc., and electrotype or stereotype plates made from type 45 set in a foreign country are prohibited importation into ports of the United States. (20406.) ' Treasury Department, December iO, i---- 61:1 Of books printed in foreign country from type set in U. S., Treasury dedsion ... 141: 35 31408°— 06 11 Importation — Continued. p. 1. Exceptions to prohibition of, act of Mar. 3, 1891 61:5 Of books in foreign languages, of which only translations are copyrighted, permitted, act of Mar. 3, 1891 61:15 Two copies of book may be imported at one time, act of Mar. 3, 1891 , 61:10 Of articles bearing- false notice prohibited — Act of Mar. 3, 1897 69:5 Penalty for, act of Mar. 3, 1897 69:1 Of copyrighted music — Opin. of Attorney-General, June5, 1901 117:1 Treasury decision, Aug. 10, 1901 L... 116:30 Opin. of Attorney-General, Feb. 7, 1898 126:25 Treasury decision, Apr. 17, 1899 131:15 Of copyrighted dramatic com- position — Opin. of Attorney-General, Jan. 19, 1901 134:1 Treasury decision, Jan. 26, 1901 133:10 Of chromos of copyrighted painting — Opin. of Attorneyr^Jeneral, Oct. 3, 1896.. 124:30 Treasury decision, Oct. 13, 1896 125:45 Begulations for, made by. Sec- retary of Treasury and Postr master-General, act of Mar. 3,1891 62:5 Customs regulations, 1899 119 : 30 Destruction of invalid impor- tations — Opin. of Attorney-General . . 128 : 20 Customs regulation 120 : 40 Customs officers to record un- lawful importations. Treas- ury decision - 130: 20 Forfeiture in case of illegal. Rev. Stat., sec. 3082 142: 25 List of articles on free list — i Tariff act of 1890 1 115: 25 Tariff act of 1897 .„..»^... ; 116: 1 16Q INDEX. Importation — Coptinue(i. p. 1- ttiider interim copyright act of Jan.7,1904 142:35 Infringement pf copyright: State laws — Connecticut, act of Jan. sess. , 1783........ 12: 10 GeoTffSi, act of Feb. 3, 1786. 27: 25 Maryland', act of Apr. 21, 1783..: 15:35 Massachusetts, act of Mar. 17,1783 U:30 New Hampshire, act of Nov. 7,1783....: 18:25 New Jersey, act of May 27, 1783..... 17:10 New York, act of Apr. 29, 1786 29:30 North Carolina, act of Nov. 19,1785 26:1 Pennsylvania, act of Mar. 15, 1784. ..u 20:35 Bhode Island, act of Dec. sess., 1783 19:35 South Carolina, act of Mar. 26,1784 22:10 Virginia, act of Oct., 1785 . . 25: 1 Of booV— United States laws — MaySl, 1790 32:40 Feb. 3,1831 38:45 Julys, 1870 49:5 Rev. Stat., sec. 4964 56: 20 Mar. 3, 1891 62:35 Of dramatic composition — Aug. 18, 1856 43:15 July 8, 1870 49:35 Rev. Stat., sec. 4966 57: 5 Jan. 6, 1897 66:35 See also State laws to prohibit unlawful performance. Of map or chart, act of May 31,1790 33:1 Of map, chart, musical com- position, print, cut, or en- graving, act of Feb. 3, 1831. 39: 20 Of map, chart, musical com- position, print, cut, engrav- ing, photograph, chromo, painting, etc. — Act o£ July 8, 1870 49:15 Rev. Stat, sec. 4965 56:30 Act of Mar. 3, 1891 63:5 Act of Mar. 2, 1895 65:35 Infringernentpf copyright-rCon. p. L Of print, actof Apr. 29, 1802. . . 35: 30 Penalties for. See Penalties. Injunction: Courts may grant — Act of Fpb. 15, 1819 36 : 40 Act of July 8, 1870 50:25 Rev. Stat., sec. 4970 57: 25 To restrain unauthorized pub- lication of manuscript, act of Feb.3,1831 40:15 To restrain unauthorized per- formance or representation, actof Jan. 6, 1897.... 67:5 To restrain publication of ar- ticles bearing false notice, act of Mar.3,1897 69: 10 Certified copies of papers fQed, act of Jan. 6, 1897 67:25 Interim copyright: Term of— For Louisiana Purchase Ex- position, act of Jan.7,1904. 71: 1,25 For book printed abroad in foreigp. language, act of Mar. 3, 1905..... 72:35 Extension of, for U. S. edi- tion — Act of Jan. 7, 1904 71:10 Act of Mar. 3, 1905....... 72:40 Importation under act of Jan. 7,1904.... 142:35 Interior, Department of the; Removal of copyright deposits to, act of Feb. 5, 1859 :. 43:40 Removal of copyright deposits from, to Library of Congress, act of July 8, 1870 50:35 International copyright: Pro visions f or^ Actof Mar. 3, 1891 63: 40 Actof Mar. 3, 1905 72: 45 Proclamations establishing 87: 1 Inventor: Exclusiverightto discoveries — U. S. Constitution, Sept. 17, 3787 31:40 Named as copyright proprie- tor- Act of Feb. 3, 1831 37: 15, 30 Actof Julys, 1870.... 46:35; 47:5 Rev. Stat., sec. 4952 54: 5,20 Act of Mar. 3, 1891.... 59: 35; 60: 5 Act of Mar. 3, 1905 72:5 INDEX. 161 3:40 11: 1 Italy, proclamation extending copyright to citizens of, Oct. 31,1892 Izard (Randolph), of South Carolina, Colonial Cong., May 2,1783 Japan, proclamation extending copyright to citizens of, May 17,1906 103:20 Jones (Judson), copyright in his "Alphabet of Orthoepy" de- clared valid, act of Feb. 17, 1898 77:30 Jurisdiction of courts in copy- right cases: Act of Feb. 15, 1819 36:35 Act of Feb. 3, 1831 40:10 Act- of Julys, 1870 50:20 Eev.Stat.,secs.629,4970. 52:20; 57:20 Act of Feb. 9, 1893 64:15 Act of Jan. 6, 1897 67:5 Justice, Department of, deci- sions pp. 82,84, 114, 117, 120, 124, 126, 128, 134, 138 Labels: Can not be entered at Copy- right Office, act of June 18, 1874....- 58:20 May be registered at Patent Office, act of June 18, 1874. 58:20 Fee for such registration, act of Jane 18, 1874 58:25 Latin, booksin^ may beimported, South Carolina, act of Mar. 26, 1784 23: 15 Laws, copyright. See Copyright acts. I«gal works, Patent Office enti- tled to duplicate copies de- posited, act of July 8, 1870 Librarian of Congress: Required to give receipt for copy deposited, act of Man 3,1865 44:40 To demand copies in case of failure to deposit, act of Mar. 3,1865.... 45:5 To record title of book or other articles — Act of July 8, 1870 47:35 Bev. Stat. , sec. 4957 55 : 1 To give copy of copyright rec- ord — Act of July 8, 1870 47:45 Rev. Stat., Bfec.4957 55: 20 51:5 Litearian of Confess— Con. P- 1. May suei in case of failure to deposit copies^ - Act of Feb. 18, 1867 ' 45: 35 Actof July 8, 1870 48: 20 Rev. Stat. , sec. 4960 55: 40 To preserve and control rec- ■ ords relating to copy- right — Act of July 8, 1870 46- 15 Rev. Stat., sec. 4948 53: 30 To furnish titles of copyright entries to Secretary of Treas- ury, act of Mar. 3, 1891 61: 40 Annual report to Congress — Actof Julys, 1870... 46: 30 Rev. Stat. , sec. 4961 hi 1:1 Act of Feb. 19, 1897 68: 15 Bond of — Actof July 8, 1870 ($5,000). 46: 20 Rev. Stat., sec. 4950 ($5,000) . 53 40 Actof Feb. 19, 1897 ($20,000) 68: 15 Duties of — Actof July 8, 1870 46: 20 Rev. Stat. , sec. 4948 53. 35 Salary of, act of July 8, 1870 ($4,000) 46- 30 Seal of— Actof Julys, 1870 46 20 Bev. Stat. , sec. 4949 53 40 Library of Congress: Removal of copyright deposits to, act of July 8, 1870 50. 40 Copyright records preserved and kept in— Actof Julys, 1870 46 15 Rev. Stat., sec. 4948 53: 35 Copies required to be deposited Actof Aug. 10, 1846 42- 20 Actof Mar. 3, 1865 44: 40 Actof July S, 1870 48 10 Rev. Stat, sees. 4956, 4959 54:40 55 30 Act of Mar. 3, 1891 60 30 Act of Jan. 7, 1904 70: 20 Act of Mar. 3, 1905 72: 25 License to print in' case of insurf- cient edition: Connecticut, act of Jan. sess.. 1783 13: 28: 10 Georgia, act of Feb. 3, 1786 . . 25 New York, act of Apr. 29, 1786. 30: 35 South Carolina, act of Mar. 26, 1784 23: 35 162 INDEX. Liddell & Scott's "Greek-Eng- p. 1. llsh Lexicon," importation of. 137:40 Limitation of actions: State laws — Maryland, act of Apr. 21, 1783, twelve months 16: 25 South Carolina, act of Mar. 26, 1784, three months. .. 24: 10 United States laws — May 31, 1790, one year. 33: 20 Apr. 29, 1802, two years 36: 20 Feb. 3, 1831, two years 40: 30 July 8, 1870, two years. . . . . 50: 10 Eev. Stat., sec. 4968, two years 57:15 Literary production. See Book. Literary "property. See Copy- right. Lithograph: Copies deposited must be made in United States — , . Actof Mar. 3, 1891 .1 60:40 Act of Jan. 7, 1904 71:70 Deposit of one copy of foreign, required for interim term, act of Jan. 7, 1904 70:15 Importation of copyrighted, prohibited, act of Mar. 3, 1891 60:40 Louisiana, penalty for unauthor- ized representation, act of July 9, 1900 106: 30 Louisiana Purchase Exposition, act of Jan. 7, 1904 70:1 Madison (James), of Virginia, Colonial Cong., May 2, 1783.. 11: 1 Magazines. See Newspapers. Mails: Free transmission of copyright matter through the — Act of Mar. 3, 1855 42: 35 Act of Mar. 3, 1865 44: 40 Act of Feb. 18, 1867 45 : 40 Act of July 8, 1870 48: 23 Act of June 8, 1872 .... 52:8 Act of Mar. 3, 1873 . . . ... . . 113: 32 Transmission through the, of publications violating copy- right, prohibited, act of Mar. 3, 1879 59:1 Manuscript, printing of, without consent, prohibited-^ State laws — Connecticut, act of Jan. sess., 1783 13:15 Manuscript, printing of — Cont'd. p. L State laws — Continued. Georgia, act of Feb. 3, 1786 , 28:35 New York, act of Apr. 29, 1786 30:45 United States laws — May31,1790 34:20 Feb. .3, 1831 40:3 Julys, 1870 50:1 Eev. Stat., sec. 4967 57: 10 Mar. 3, 1891 63:25 Map: May be copyrighted — State laws — Connecticut, act of Jan. sess., 1783 12:1 Georgia, actof Feb. 3, 1786 27: 20 North Carolina, act of No v. 19,1785 25:40 United States laws- May 31, 1790 32:10,25 Feb. 3, 1831 37:15 Julys, 1870 46:36 Kev. Stat., sec. 4952 54: 5 Mar. 3, 1891 59:35 Jan. 7, 1904....:........ 70:5 Mar. 3, 1905 72:10 Printed title of, required to be filed— Act of May 31, 1790 33:25 Act of Feb. 3, 1831 38:5 Act of July 8, 1870 47:25 Kev. Stat., sec. 4956 54; 35 Act of Mar. 3, 1891 60:25 One copy of, required to be deposited^ Act of May 31, 1790 34:5 Act of Feb. 3, 1831 38:25 Act of Jan. 7, 1904, for in- terim term, L. P. E 70:15 Two copies of, required to be Act of Aug. 10, 1846 42 : 20 Actof Julys, 1870.. 47: 30; 48: 10 Eev. Stat, sees. 4956, 4959.... 50:40; 55:30 Act of Mar. 3, 1891 60: 30 Maryland, copyright act, Apr. 21, 1783 15:20 Massachusetts: Copyright act, Mar. 17, 1783.. . .14: 6 Penalty for unauthorized rep- „ resentation, act of Mar. 29, 1904 109:10 INDEX. 163 Massachusetts Bay Colony, jadg- p. 1. ment in answer to petition of Jolin Vsher, May 15, 1672 113: 17 Mechanical works, Patent OflBce entitled to duplicate copies de- posited, act of July 8, 1870 ... 51 : 7 Mexico, proclamation extending copyright to citizens of, Feb. 27, 1896 93: 15 Michigan: Unauthorized representation of dramatic or musical com- positions prohibited, act of June 16, 1905... 112:1 Minnesota, penalty for unauthor- ized representation, act of Mar. 15, 1905 109:35 Model for work of fine arts: May be copyrighted — Act of July 8, 1870 48:38 Rev. Stat., sec. 4952 54: 7 Act of Mar. 3, 1891 59: 36 Act of Jan. 7, 1904 71:20 Act of Mar. 3, 1905 72:10 Depositof description and pho- tograph required — Act of July 8, 1870 47:25 Rev. Stat., sec. 4956 54:35 Act of Mar. 3, 1891 60: 25 Act of Jan. 7, 1904 71:28 Molded decorative articles, no- tice of copyright on, act of Aug. 1, 1882 59:15 Musical composition: May be copyrighted — Act of Feb. 3, 1831 37:15 Act of July 8, 1870 46:36 Eev. Stat. , sec. 4952 54 : 5 Act of Mar. 3, 1891 59:35 Act of Jan. 7, 1904 70:10 Act of Mar. 3, 1905 72:10 Printed title of, required to be filed— Act o£ Feb. 3, 1831 38:5 Act of July 8, 1870 47:25 Eev. Stat., sec. 4956 54: 35 ActofMar. 3, 1891 60:25 One copy of, required to be deposited — Act of Feb. 3, 1831 34:5 Act of Jan. 7, 1904, for inte- rim term, L. P. E 70:20 Two copies of, required to be deposited — Act of Aug. 10, 1846 42: 25 Musical composition — Cont'd. p. 1. Two copies of, required to be deposited — Continued. Act of July 8, 1870 ... 47: 30; 48: 10 Eev. Stat., sees. 4956, 4959 54:40; 55:30 Act of Mar. 3, 1891 60:30 Act of Jan. 7, 1904, for U. S. ed 71:10 Penalties for unlawful per- formance — U. S. act of Jan. 6, 1897 66: 35 State laws — California, act of Mar. 18, 1905 110:35 Connecticut, act of June 7,1905 111:35 Louisiana, act of July 9, 1900 106:35 Massachusetts, act of Mar. 29,1904 109:25 Michigan, act of June 16, 1905 112:20 Minnesota, act of Mar. 15, 1905 109:5 New Hampshire, act of Mar. 13, 1895 105:30 New Jersey, act of Apr. 10, 1902 109:1 New York, act of Sept. 1, 1899 106:10 Ohio, act of Mar. 25, 1902 . 108 : 20 Oregon, act of Feb. 27, 1901 107:25 Pennsylvania, act of May 29,1901 108:1 Wisconsin, act of June 1, 1905 111:10 Injunction in case of 'fraudu- lent performance, U. S. act, Jan.6,1897 67:5 Importation of copyrighted — • Opinions of Attorney-Gen- eral 117: 1; 131: 15 Treasury decision 116: 30 Destruction of unlawfully im- ported — Opin. of Attorney-General. . 128: 20 Customs regulation 120: 40 Name of author required to be printed on work: Massachusetts, act of Mar. 17, 1783 14:25 New Hampshire, act of Nov. 7,1783 18:15 164 INPBX. Naroe of authpr r0qu,irpd to be p. 1. printed on work — Cont'd. Rhode Island, a.ct pf Pec. seas., 1783 19:25 Nature and extent pf copyright: State Jaws— Connecticut, Jan. aess., 1783. 12: 5 Georgia, Feb. 3, 1786 ..... . 27: 20 Maryland, Apr. 21, 1783. ... 15: 30 Massachusetts, Mar. 17, 1783 14: 25 New Hampshire, Nov. 7, 1783 18: 20 New Jersey, May 27, 1783. . 17: 5 New York, Apr. 29, 1786. . . 29: 25 North Carolina, Nov. 19, 1785 25: 40 Pennsylvania, Mar. 15, ] 784. 20: 30 Rhode Island, Dec. sess., 1783 '. 19:25 South Carolina, M^r. 26, 1784 22 : 5 Virginia, Oct. , 1785 ....... . 24 : 35 United States laws — May 31, 1790 32:20 Apr. 29, 1802 35:20 Feb. 3, 1831 37:20 Aug. 18, 1856 43:10 July 8, 1870 46:40 Rev. Stat. , sec. 4952 .. . 54 : 10 Mar. 3, 1891 59:40 Jan. 7, 1904 70:10 Mar. 3, 1905...... 72:15 Negatives, photographic, may be copyrighted: Act of Mar. 3, 1865 44:30 Act of July 8, 1870 46:35 Rev. Stat., sec. 4952 54:5 Act of Mar. 3, 1891 59:35 Act of Mar. 3, 1905 72:10 Netherlands, proclamation ex- tending copyright to citizens of, Nov. 20, 1899' 96:1 Neweditions. See Editions, new. New Hampshire: Copyright act, Nov. 7, 1783. . . 18: 1 Repealed, Dec. 23, 1842 18: 39 Act to protect uncopyrighted or unpublished articles, Mar. 13, 1895.... 105: 15 New Jersey: Copyright act. May 27, 1783.. 16: 40 Repealed, 1799 17: 37 Penalty for unauthorized rep- resentation, act of Apr. 10, 1902 :.. 108: 35 New York: Copyright act, Apr. 29, 1786.. 29: 16 New York — pontjinued. p. 1 Act to prohibit unlawftil rep- resentation, Sept. 1, 1899... 106: 1 Newspapers suid magazines ex- empted from prohibition of importation, act of Mar. 3, 1891. 61:10 Newspapers and periodicals, for- ^ " eign, transmission through the mails, act of Mar. 3, 1879 58: 40 See also. Periodical. North Carolina, copyright act, Nov. 19,1785 25:30 Norway, proclamation extend- ing copyrigfit to citizens of, July 1, 1905.... 98: 1 Notice of copyright: Copy of record required to be inserted in book, act of Apr. 29, 1802...... 35:5 Form of, for map, chart, or print, act of Apr. 29, 1802.. 35: 5,25 Form prescribed to be in- serted — Act of Feb. 3, 1831 38:40 Act of July 8, 1870 .■ 48:40 Rev. Stat. , sec. 4962 56: 10 Act of June 18, 1874 58:5 In foreign book, act of Mar. 3, 1905. 72:30 On molded decorative articles, act of Aug. 1, 1882 59: 15 Penalty for false, $100— Act of Apr. 29, 1802 36: 15 Act of Feb. 3, 1831 40:25 Act of July 8, 1870 49:1 Rev. Stat. , sec. 4963 56 : 15 Act of Mar. 3, 1891 62:25 Act of Mar. 3, 1897 69:1 Importation of articles bearing false, prohibited, act of Mar. 3,1897 69:5 Ohio, penalty for unauthorized representation, act of Mar. 25, 1902......:... 108: 10 Opinions of the Attorney-Gen- eral. See Attorney-General. Oregon, penalty for unauthorized representation, act of Feb. 27, 1901 107:11 Original copyright act of the United States. May 31, 1790.. 32: 1 Painting: May be copyrighted — Act of July 8, 1870 46:38 INDEX. 165 Painting— Continued. p. 1. May be copyrighted — Cont'd. Rev. Stat. , sec. 4952 54 : 7- Act of Mar. 3, 1891 59:36 Actof Jan.7, 1904 71: 2;0 Act of IVtar. 3, 1905 7!2: 10 Deposit of description and photograph required — Act of July 8, 1870 47:25 Kev. Stat., sec. 9956 54: 35 Act of Mar. 3, 1891 60:25 Actof Jan. 7, 1904 71:28 Pamphlet may be copyrighted^ — Connecticut, act of Jan. sess. , 1783 12:1 Georgia, act of Feb. 8, 1786. 27: 20 New Jersey, act of May 27, 1783 17:5 New York, act of Apr. 29, 1786 29:25 PennsylYania, act of Mar. 15, 1784 20:25 Virginia, act of Oct., 1785 . . 24: 30 Patent Office, duplicate copies of scientific works, etc. , to be de- posited in, act of Jtily 8, 1870. 51:7 Penalties: For infringement of copy- right — . State laws — Connecticut, act of Jan. sess.,1783 12:15 Georgia, act of Feb. 3, 1786.. 27:30 Maryland, act of Apr. 21, 1783 15:45 Massachusetts, act of Mar. 17,1783 14:35 New Hampshire, act of Nov. 7, 1783 18:30 New Jersey, act of May 27, 1783 17:15 New York, act of Apr. 29, 1786 29:35 North Carolina, act of Nov. 19, 1785 26:5 Pennsylvania, act of Mar. 15,1784 20:40 Ehode Island, act of Dec. sess.,1783 19:35 South Carolina, actdlMar. 26,1784 22:20 Virginia, act of Oct. , 1785 . 25: 10 United States lawtf— Of book- May 31, 1790 33:10 Penalties — Continued. p. I. For infring^rUent of copy- right^Oontihued. United States laws— Cont'd. Of book — Continued. Fob. 3, 1831 ....... 39:5 Julys, 1870 49:10 Rev. Stat. , sec. 4964 56: 25 Mar. 3,1891 62:40 Of map or chart, May 31, 1790 33:10 Of map, dhart, musical composition, print, cut,, or engraving — Feb 3, 1831 39:30 Julys, 1870 49:25 Rev. Stat, sec. 4965..,. 56:40 Mar. 3, 1891 63:15 Mar. 2, 1895 66:5 Of painting, statue, or stat- uary, etc. — July 8, 1870 49: 30 Rev. Stat. , , sec. 4965 56: 45 Mar. 3, 1891 63:20 Mar. 2, 1895 66: 10, 20 Of photograph. Mar. 2, 1895 - 66:10 Of print, Apr. 29, ,1802i.. 35: 40 For printing manuscript with- out consent — State laws — Connecticut, act of Jan. sess.,1783 13:15 Geoigia,actofFeb.3,1786. 28: 35 New York, act of Apr. 29, 1786 30:45 United States laws — May 31, 1790 34:20 Feb. 3, 1831 40:3 July 8, 1870... 50:1 Rev. Stat., sec. 4967...... 57: 10 Mar. 3,1891 63:25 For unauthorized performance of dramaticcomposition — tTnited States laws— Aug. 18, 1856 43: 15 July 8, 1870 49:40 Rev. Stat. , sec. 4966 57": 5 For unauthorized performance of dramatic or musiical composition — Act of Jan. 6, 1897 ...... 66: 35 State laws — California, act of Mar. 18, 1905 110:35 166 INDEX, Penalties — Continued., p. 1. For unauthorized perf ormancp of dramatic or musical composition — Continued. , State laws — Continued. Connecticut, act of June 7, 1905. 111:35 Louisiana, act of July 9, 1900 106:35 Massachusetts, act of Mar. 29,1904 109:25 Michigan, act of June 16, 1905 112:20 Minnesota, act of Mar. 15, 1905 110:5 New Hampshire, act of Mar. 13,1895 105:30 New Jersey, act of Apr. 10,1902 109:1 New York, act of Sept. 1, 1899 106:10 Ohio, act of Mar. 25, 1902. 108: 20 Oregon, act of Feb. 27, 1901. 107:25 Pennsylvania, act of May 29,1901 108:1 Wisconsin, act of June 1, 1905.. 111:10 For failure to deposit copies, $25— Act of Feb. 18, 1867 45: 35 Act of July 8, 1870 48:17 Kev. Stat., sec. 4960 55: 36 For false notice of copyright, $100— Act of Apr. 29, 1802 36: 15 Act of Feb. 3, 1831 40: 25 Act of July 8, 1870 49:1 Eev. Stat, sec. 4963 56:15 Act of Mar. 3, 1891 62: 25 Act of Mar. 3, 1897 69:1 For selling above price fixed by court, North Carolina, act of Nov. 19, 1785 26:35 See also Suits for infringement. Pennsylvania: Copyright act. Mar. 15, 1784. 20: 1 Unauthorized representation prohibited, act of May 29, 1901 107:35 Performance. See Representa- tion. Periodical, each nuna,ber of, re- p. 1. quires separate copyright entry, act of Mar. 3, 1891 . . . 63 : 35 See also Newspapers. Philippine Islands 78: 15; p. 82 Treaty of peace between United States and Spain, 1899 99: 10 Typesetting in the 84 : 10; 114 : 5 Photograph: May be copyrighted — Act of Mar. 3, 1865 44:30 Act of July 8, 1870 46:35 Eev. Stat. , sec. 4952 54: 5 Act of Mar. 3, 1891 59:35 Act of Jan. 7, 1904 70:5 Act of Mar. 3, 1905 .... 72: 10 Printed title of, Required to be filed— Act of July 8, 1870 47: 25 Rev. Stat., sec. 4956 54: 35 Act of Mar. 3, 1891 60:25 Two copies of, required to be deposited-^ Act of July 8, 1870... 47: 30; 48: 10 Eev. Stat., sees. 4956, 4959 54:40; 55:30 Act of Mar. 3, 1891 60: 35 Act of Jan. 7, 1904, for U. S. ed. 71:10 One copy of foreign, required to be deposited for interim term, act of Jan. 7, 1904 70: 20 Copies deposited must be print- ed from negatives made in U. S.— Act of Mar. 3, 1891 60:35 Act of Jan. 7, 1904, for U. S. ed 71:5 Importation of copyrighted, prohibited, act of Mar. 3, 1891 60:40 Penalty for infringement of, act of Mar.-2, 1895 66:15 Photograph of work of the fine arts required to be de- posited: Actof July 8, 1870 47:30; 48:10 Eev. Stat., sec. 4956 55:1 Act of Mar. 3, 1891 60:35 Actof Jan. 7, 1904 71:30 Photographic negatives. See Negatives, photographic. Pictorial illustrations, "engrav- ing," "cut," and "print" ap- plied to, act of June 18, 1874. . 58: 15 INDEX. 167 Kracy. See Infringement of p. 1. copyright. Plates not made in U. S. prohib- ited importation, act of Mar. 3; 1891 61:1 Plates, unlawful. See Unlawful plates. Porto Rico 78: 15 Treaty of peace between United States and Spain, 1899 99 : 10 Portugal: Proclamation extend- ing copyright to citizens of, July 20, 1893 91:25 Postmaster shall give receipt for copy mailed: Act of Feb. 18, 1867 46:1 Act of July 8, 1870 48:30 Eev. Stat., sec. 4961 ...i 56:1 Postmaster - General to make rules regarding importation, act of Mar. 3, 1891 62:5 Post-Offlce, Department of the, joint regulations for Dept. of Treasuryand 120:15 Price, court may regulate if un- reasonable: Connecticut, act of Jan. sess., 1783 12:40 Georgia, act of Feb. 3, 1786. . . 28: 10 New York, actof Apr. 29, 1786. 30: 20 North Carolina, act of Nov. 19, 1785 26:25 South Carolina, act of Mar. 26, 1784 33:20 Print: Mav be copyrighted — A"ct of Apr. 29, 1802 35:15 Act of Feb. 3, 1831 37:15 Act of July 8, 1870 46:35 Eev. Stat., sec. 4952 54: 5 Act of Mar. 3, 1891 59:35 Act of Jan. 7, 1904 70:5 Act of Mar. 3, 1905 72:10 Statutory formalities, act of Apr. 29, 1802 35:25 Printed title of, required to be filed— Act of Feb. 3, 1831 38:5 Act of July 8, 1870 47:25 Rev. Stat., see. 4956 54: 35 Act of Mar. 3, 1891 60: 25 One copy of, required to be deposited — Act of Feb.. 3, 1831 38:25 Act of Jan. 7, 1904, for in- terim term, L. P. E 70: 20 Print— Continued. p. 1. Two copies of, required to be deposited — Act of Aug. 10, 1846 42: 25 Act of July 8, 1870 ... 47: 30; 48: 10 Rev. Stat., sees. 4956, 4959 54:40; 55:30 Act of Mar. 3, 1891 60:35 Statutory definition of, act of June 18, 1874 58:15 Print for article of manufacture: Can not be entered at Copy- right OflSce, act of June 18, 1874 58:20 May be registered at Patent Office, act of June 18, 1874 . 58: 20 Fee for such registration, act of June 18, 1874 58:25 Private copyright acts. See Copyright acts, private. Proclamations extending copy- right to citizens of foreign countries 87: 1 Profane productions, publication of, illegal: Connecticut, act of Jan. sess., 1783 13:30 Georgia, act of Feb. 3, 1786 .. 29: 1 New York, act of Apr. 29, 1786 31:5 Prohibition of importation of copyrighted articles, act of Mar. 3, 1891 60:40 Exemptions from, actof Mar. 3, 1891 61:5 Proprietor, copyright: May secure copyright — Act of July 8, 1870 46: 35; 47: 5 Rev. Stat., sec. 4952 54: 5,20 Act of Mar. 3, 1891 59: 35; 60: 5 Act of Mar. 3, 1905 72:10 May obtain copies of record — Act of July 8, 1870 47:45 Rev. Stat., sec. 4957 55: 10 Entry of consent to publish re- quired. South Carolina, act of Mar. 26, 1784 23:1 Public documents not copyright- able, act of Jan. 12, 1895 65 : 20 Publication required in newspa- pers: Of copyright record, act of May31,1790 34:5 Of renewal term — Act of Feb. 3, 1831 37:40 168 INDEX. Publication required in news- p. 1. papers — Continued. Of renewal term — Continued. Act of July 8, 1870 47:15 Rev. Stat., sec. 4954 54: 25 Act of Mar. 3, 1891 60:15 Publisher recommended as copy- right beneficiary, res. of Col. Cong., May 2, 1783 11:5 Receipt for copies deposited: Secretary of state required to give. North Carolina, act of Nov. 19, 1785 26:20 Librarian of Congress re- quired to give, act of Mar. 3, 1865 44:43 Postmaster to give, when mailed — Act of Feb. 18, 1867 46:1 Act of July 8, 1870 48:27 Rev. Stat., sec. 4961 56: 1 Reciprocity, proclamations pro- viding for 87: 1 Reciprocity provisions: State laws — Connecticut, act of Jan. sess.,1783 13:35 Georgia, act of Feb. 3, 1786. 29: 5 Maryland, act of Apr. 21, 1783. 16:35 Massachusetts, act of Mar. 17,1783 15:5 New Hampshire, act of Nov. 7,1783 18:35 New York, act of Apr; 29, 1786 31:10 North Carolina, act of Nov. 19,1785 26:40 Pennsylvania, actof Mar. 15, 1784 21:25 Rhode Island, act of Dec. sess.,1783 19:40 United States laws — Mar. 3, 1891 63:40 Mar. 3, 1905 72:45 Record, copyright, copy of. See certificate of registration. Records, copyright, control and preservation of: Act of July 8, 1870 46:15 Rev. Stat., sec. 4948 53: 30 Recovery of damages. See Dam- ages. Register of Copyrights: p. 1. Provision for appointment of, actof Feb. 19, 1897..: 67:40 Bond of, act of Feb. 19, 1897. . 68: 15 Duties of, defined, act of Feb. 19,1897 67:40 Salary of, $3,000— Act of Feb. 19, 1897 67: 40 Act of Apr. 17, 1900 69: 30 Registration, copyright: State laws — Connecticut, actof Jan. sess., 1783 12:20 Georgia, act of Feb. 3, 1786. 27: 35 Maryland, act of Apr. 21, 1783, 16:15 New Jersey, act of May 27, 1783 17:20 New York, act of Apr. 29, 1786... 29:40 North Carolina, act of Nov. 19, 1785.. L : 26:15 Pennsylvania, actof Mar. 15, 1784 21:1 South Carolina, act of Mar. 26,1784 23:1 Virginia, act of Oct., 1785 . . 25: 20 United States lawfl May 31, 1790. . : . .''. 33: 30 Apr. 29, 1802... 35:20 Feb. 3, 1831.... 38:5 July 8, 1870..... 47:35 Rev. Stat. , sec. 4957 54 : 35 Jan. 7, 1904 70:30 Fee for — State laws — Pennsylvania, act of Mar. 15,1784 21:5 South Carolina, actof Mar. 26,1784 23:5 United States laws — May 31, 1790 33:45 Feb. 3, 1831 38:20 Julys, 1870 48:1 Rev. Stat., sec. 4958 55: 15 Mar.3, 1891 61:25,35 Jan. 7,1904 70:35; 71:30 For renewal term, required within six months — Act of May 31, 1790 32:35 Act of Feb. 3, 1831 37:35 Act of July 8, 1870 47:10 Rev. Stat. , sec. 4954 ^ 54: 20 Act of Mar. 3, 1891 60: 10 INDEX. 169 Registration, copyright— Cont'd. p. 1. Of consent of proprietor to pub- lication required, South Car- olina, act of Mar. 26, 1784 . . 23 : 1 Certificate of. See Certificate of registration. Remedies for infringement. See Penalties. Removal of copyright deposits: From Department of State to Department of the Interior, act of Feb. 5, 1859. 43: 40 From Department of the Inte- rior to Library of Congress, act of July 8, 1870 50:37 Renewal of copyright: Publication of, required in newspapers for four weeks^ Act of Feb. 3, 1831 87:40 Act of July 8, 1870 47:15 Rev. Stat., sec. 4954 54: 25 Act of Mar. 3, 1891 60:15 Registration required within six months-^ Act of May 3, 1790 32:35 Act of Feb. 3, 1831 37:35 Act of July 8, 1870 47:10 Rev. Stat. , sec. 4954 54 : 20 Act of Mar. 3, 1891 60:10 Term of. See Terms of copy- right. Repealing clause: Act of Feb. 3, 1831 40:40 Act of July 8, 1870 51:10 Actof June 18, 1874 58:30 Act of Mar. 3, 1897 69:15 Report (annual) to Congress, of copyright entries: Act of July 8, 1870 46:29 Rev. Stat., sec. 4951 54:1 Report (monthly) of Register of Copyrights, act of Feb. 19, 1897 68: 1 Representation, unauthorized, penalty for. (/See Penalties for unauthorized performance. ) Representation of dramatic com- position, right of: Act of Aug. 18, 1856 43: 5 Act of July 8, 1870 46:45 Rev. Stat., sec. 4952 54:10 Act of Mar. 3, 1891 59:40 Actof Mar. 3, 1905 72: 15 Reservation of copyright: p. 1. Who may secure — Actof Jan. 7, 1904 70:5 Act of Mar. 3, 1905 72: 20- Notice required for, act of Mar. 3, 1905 72:30 Two years, for Louisiana Pur- chase Exposition, act of Jan. 7,1904 71:1 One year, for book published abroad, act of Mar. 3, 1905 . 72: 35 Resolution of Colonial Cong., May 2, 1783, recommending States to pass copyright laws. 11: 1 Revision of copyright laws: First, Feb. 3, 1831 37: 10 Second, July 8, 1870 46:15 Third, Dec. 1, 1873 (Rev. Stat. ) 53: 10 Revisions of published foreign books, copyrightable, act of -Mar. 3,1891 62:20 Rhode Island, copyright act, Dec. sess., 1783 19: 10 Right of representation, fiee Representation, right of. Rostand (E.) "L'Aiglon," im- portation of 133: 10 Rowlett (John), to continue copyright in his "Tables of Discount:" Act of May 24, 1828 73:10 Act of Feb. 24, 1830 73: 35 Act of Mar. 3, 1843 74:15 Schedule of copyright acts re- pealed, act of July 8, 1870 Schoolcraft (Mrs. Henry R.), copyright in " History, etc., of the Indian tribes" granted to, act of Jan. 25, 1859 76:1 Scientific works. Patent OflBce entitled to duplicate copies de- posited, act of July 8, 1870 . . . 51:7 Sculpture. See Statuary. Seal of Librarian of Congress: Act. of July 8, 1870 46:20 Rev. Stat., sec. 4949 53: 40 Secretary of State. jSee State, Department of. Secretary of the Treasury: Required to print catalogue of title entries, act of Mar. 3, 1891 62:1 To make regulations regarding importations, act of Mar. 3, 1891 62:5 170 INDEX. Secretary of the Treasury — Con. p. 1. Joint regulations of Treasury and Post-Office 120: 15 . Decisions of the pp. 116, 119, 120, 123, 125, 129-133, 141, 142 Sheldon (CM.) In His Steps. Importation of translations of 130:35 Smithsonian Institution, one copy to be deposited in: Act of Aug. 10, 1846..... 42:25 Act of Mar. 3, 1855 44:40 South Carolina, copyright act, Mar.26,1784 21:37 Spain: Proclamation extending copy- right to citizens of, July 10, 1895 92:21 Treaty of peace between United States and, Apr. 11, 1899 99:10 Stage right. See Representation, right of. State, Department of: One copy to be delivered to, act of May 31, 1790 34:5 Transmittal of copyright de- posits from district courts to, act of Feb. 3, 1831 38:30 Bemoval of copyright deposits from, to Dept. of the Inte- rior, act of Feb. 5, 1859 43: 35 State laws to prohibit unlawful performance of dramatic or musical compositions: California, actof Mar. 18, 1905. 110: 15 Connecticut, act of June 7, 1905 Ill: 25 Louisiana, act of July 9, 1900. 106: 30 Massachusetts, act of March 29,1904 109:10 Michigan, act of June 16, 1905. 112: 1 Minnesota, act of Mar. 15, 1905. 109: 35 New Hampshire, act of Mar. 13,1895 105:15 New Jersey, act of Apr. 10, 1902 108:35 New York, act of Sept. 1, 1899. 106: 1 Ohio, act of Mar. 25, 1902. . . . 108: 10 Oregon, act of Feb. 27, 1901.. 107: 10 Pennsylvania, act of May 29, 1901 107:35 Wisconsin, actof June 1, 1905. . Ill: 1 States, original, copyright acts of : p. 1. Connecticut, Jan. sess., 1783.. 11: 25. Eepealing act, Oct. sess., 1812 113:5 Georgia, Feb. 3, 1786 27: 10 Maryland, Apr. 21, 1783 15:20 Massachusetts, Mar. 17, 1783. 14:10 New Hampshire, Nov. 7, 1783. 18: 1 New Jersey, May 27, 1783 16: 40 New York, Apr. 29, 1786 29 : 15 North Carolina, Nov. 19, 1785. 25: 30 Pennsylvania, Mar. 15, 1784. . 20: 5 Rhode Island, Dec. sess., 1783. 19: 10 South CaroUna, Mar. 26, 1784. 21 : 40 Virginia, Oct., 1785 24: 30 [Delaware passed no law.] Statuary: May be copyrighted — Act of July 8, 1870 46:35 Rev. Stat., sec. 4952 54: 5 Act of Mar. 3, 1891 59:35 Act of Jan. 7, 1904 71:20 Act of Mar. 3, 1905 72: 10 Deposit of description and photograph required — Act of July 8, 1870 47:25 Rev. Stat., sec. 4956 54: 35 Act of Mar. 3, 1891 60:25 Act of Jan. 7, 1904, for in- terim term, L. P. E 71: 30 Statue: May be copyrighted — Act of July 8, 1870 46:35 Rev. Stat., sec. 4952 54: 5 Act of Mar. 3, 1891 59:35 Act of Jan. 7, 1904 71:20 Act of Mar. 3, 1905 72:10 Deposit of description and photograph required — Act of July 8, 1870 47:25 Rev. Stat., sec. 4956 54: 35 Act of Mar. 3, 1891 60:25 Act of Jan. 7, 1904 71:30 Statutory definitions. See Defi- nitions. Subject-matter of copyright: State laws — Connecticut, Jan. sess. , 1783 . 12:1 Georgia, Feb. 3, 1786 27: 20 Maryland, Apr. 21, 1783. ... 15: 30 Massachusetts, Mar. 17, 1783 14:25 New Hampshire, Nov. 7, 1783 18:15 INDEX. Subject-matter of copyright— p. 1. Continued. State laws — Continued. New Jersey, May 27, 1783. . 17: 5 New York, Apr. 29, 1786 29: 25 North Carolina, Nov. 19, 1785 25:40 Pennsylvania, Mar. 15, 1784. 20: 25 Rhode Island, Dec. sess., 1783 19:25 South Carolina, Mar. 26, 1784 21 : 40 Vii^inia, Oct., 1785 24: 30 United States laws — May 31, 1790 32:i0,25 Apr. 29, 1802 35:15 Feb. 3, 1831 37:15 Aug. 18, 1856... 43:5 Mar. 3, 1865 44:30 July 8, 1870 46:35 Eev. Stat., sec. 4952 54: 5 Mar. 3, 1891 59:35 Jan. 7, 1904 70:5 Mar. 3, 1905 72:10 Suits for infringment of copy- right: State laws — Connecticut, act of Jan. sess. , 1783 12:15 Georgia, act of Feb. 3, 1786 27: 30; 28: 40 Maryland, act of Apr. 21, 1783 16:5 Massachusetts, act of Mar. 17,1783 15:1 New Hampshire, act of Nov. 7,1783 18:30 New York, act of Apr. 29, 1786 29:40 North Carolina, act of Nov. 19,1785... 26:10 Pennsylvania, act of Mar. 15, 1784. 20:40 Rhode Island, act of Dec. sess., 1783 19:35 South Carolina, act of Mar. 26,1784.. 1 22:30 Virginia, act of Oct., 1785.. 25: 15 United States laws — May 31, 1790 33:20 Apr. 29, 1802 36:5 Feb. 15, 1819 36:35 Feb. 3, 1831 39:15,40 " Feb. 18, 1861 44: 10 171 p.l. Suita for infringement of copy- right—Continued. United States laws — Cont'd. Julys, 1870 50:5-35 Rev. Stat. 52: 20-35; 63: 1; 57: 15-30 Mar. 3, 1891 62:45 Feb. 9, 1893 64:15 Jan. 6, 1897 67:1 Defendant in, may plead the general issue — South Carolina, act of Mar. 26,1784 24:5 United States laws — May 31, 1790 34:25 Feb. 3, 1831 40:15 July 8, 1870 50:15 Rev. Stat., sec. 4969 57: 20 Limitation of action — State laws — Maryland, act of Apr. 21, 1783, twelve months ... 16: 25 South Carolina, act of Mar. 26, 1784, three months. 24: 10 United States laws — May 31, 1790, one year.. 33: 20 Apr. 29, 1802, two years. . 36: 20 Feb. 3, 1831, two years... 40: 30 July 8, 1870, two years.. . 50: 10 Rev. Stat., sec. 4968, two years 57:15 Right of appeal in — Act of Feb. 15, 1819 37:1 Act of Feb. 18, 1861 44:15 Act of July 8, 1870 50:30 Rev. Stat. , sec. 699 52: 25 Notice of copyright necessary to maintain action — Actof Julys, 1870 48:30 Rev. Stat. , sec. 4962 56 : 5 Act of June 18, 1874 57: 40 Not affected by repealing clause, act of July 8, 1870 . . 51 : 15 Sumner (Thomas H. ), copyright of, purchased by United States, act of Aug. 2, 1854 75:25 Supreme court, appeal to, al- lowed: Act of Feb. 15, 1819 37:1 Act of Feb. 18, 1861 44:15 Act of July 8, 1870 50:30 Actof Feb. 9, 1893 64: 15 Switzerland, proclamation ex- tending copyright to citizens of, July 1, 1891... 87: 5 172 INDEX. "System of surgery," by Wm. p. 1. Tod. Helmuth, copyright in, act of June 23, 1874 76: 40 Tariff acts of 1890 and 1897, free lists 115:21 Terms of copyright: Kecommended by Colonial Cong., May2, 1783, 14 years; renewal 14 years 11: 10 State laws — Connecticut, Jan., 1783, 14 years; renewal 14 years^ . 12: 5, 25 Georgia, Feb. 3, 1786, 14 years; renewal 14 years. 27: 20, 40 Maryland, Apr. 21, 1783, 14 years; renewal 14 years 15:30; 16: 30 Massachusetts, Mar. 17, 1783, 21 years 14:25 New Hampshire, Nov. 7, 1783, 20 years 18:20 New Jersey, May 27, 1783, 14 _ years; renewal 14 years. . 17:5,30 New York, Apr. 29, 1786, 14 years; renewal 14 years 29:30; 30:5 North Carolina, Nov. 19, 1785, 14 years 25:44 Pennsylvania, Mar. 15, 1784, 14 years; renewal 14. years 20:30; 21:10 Rhode Island, Dec. sess., 1783, 21 years 19: 25 South Carolina, Mar. 26, 1784, 14 years; renewal 14 years 22: 5; 24: 15 Virginia, Oct., 1785, 21 years. 24: 40 United States laws^ May 31, 1790, 14 years; re- newal 14 years 32: 20, 35 Apr. 29, 1802, 14 years (for print) 85:20 Feb. 3, 1831, 28 years; re- newall4years 37:25,35 July 8, 1870, 28 years; re- newal 14 years 47: 1, 10 Kev. Stat., sees. 4953, 4954, 28 years; renewal 14 years.. 54: 15 Mar. 3, 1891, renewal 14 years 60: 10 Extension of existing, act of Feb. 3, 1831 41:10 Two years' reservation for Louisiana Purchase Expo- sition, act of Jan. 7; 1904 . . . 71: 1 Terms of copyright^^CoBt'd. p. 1. One year's reservation for for- eign authors, act of Mar. 3, 1905 ,...,.... 72:35 Territorial possessionsof the U. S. 78:1 Title, A'DOSit of. See Deposit of pi , d title. Trail- "'r »£ copyright. See As- sigiiijient of copyright. Transitory provisions: Bearding term of copyright, act of Feb. 3, 1831.... 40: 45; 41: 10 Regarding copyright suits, act of July 8, 1870 51:15 Translation: Bight of, reserved to author — Act of July 8, 1870 47: 1 Bev. Stat., sec. 4952 54: 15 Act of Mar. 3, 1891 60: 1 Act of Mar. 3, 1905 ^. 72: 20,40 Copyrighted, importation of, prohibited, act of March 3, 1891 61:15 English, of foreign book — Act of Jan. 7, 1904 71:5 Act of Mar. 3, 1905 72:35 Of American copyrighted books, may be imported — Treasury decisions.. 130: 35; 132: 25 Transmission, free, of copyright deposits: Act of Mar. 3, 1855 42:35 Act of Mar. 3„ 1865 44: 40 Act of Feb. 18, 1867 45:40 Actof July 8, 1870 48: 23 Act of June 8, 1872 52:8 Act of Mar. 3, 1873 .......... 113: 32 Treasonable productions, publi- cation of, illegal: Coimecticut, act of Jan. sess., 1783 13:29 Georgiaj act of Feb. 3, 1786. . 29:1 New York, actof- Apr. 29, 1786. 31:6 North Carolina, actof Nov. 19, 1785 27:1 Treasury, . D^artment of the: Customs regulations,. 1899 119 : 31 See aho Secretary of the Treasury. Treaties relating to copyright. .. China 100: 30 Germany 88: 1 Japan 103: 20 Spaiii 99: 10 INDEX. 173 Treatises, term of copyright iii: p. 1. Massachusetts, act of Mar. 17, 1783 ,..„ ,. 14:25 New Hampshire, act of Nov. 7,1783 18:20 Rhode Island, act of Deg. sess., 1783 19:25 Type set within United States: Eeiquired — Act of Mar. 3, 1891 60:35 Act of Jan. 7, 1904 (U. S. ed.) 71:5 Act of Mar. 3, 1905 (U. S. ed.) 72:35 Books printed abroad from, may be imported — Treasury decisions . 132: 45; 141: 35 Typesetting in the Philippine Islands 84:10; 114:5 Unauthorized editions of copy- . righted books, importation of, Treasury decision 123: 50 University of Cambridge, two copies to be deposited in li- brary of, Massachusetts, act of Mar. 17, 1783 14:40 Unlawful copies: Forfeiture of — State laws — Maryland, act of Apr. 21, 1783 15:35 North Carolina, act of Nov. 19,1785 26:5 South Carolina, act of Mar. 26,1784 22:22 United States laws — May 31, 1790 33:10 Feb. 3, 1831 39:10 July 8, 1870 49:10 Kev. Stat., sees. 4964, 4965 56:25,40 Mar. 3, 1891 62:40; 63:15 Destruction of forfeited — South Carolina, act of Mar. 26,1784 22:22 Act of May 31, 1790 33:10 Unlawful plates: Forfeiture of — United States laws — Apr. 29, 1802 35:43 Feb. 3, 1831 39:30 Julys, 1870 49:25 Eev. Stat., sec. 4965 56: 40 Unlawful plates — Continued. p. 1. Forfeiture of — Continued. United States Laws — Con. Mar. 3, 1891 63:15 Mar. 2, 1896 66:5 Destruction of forfeited, act of Apr. 29, 1802 36:1 Usher (John), judgment in an- swer to petition of, Mass. Bay Colony, May 15, 1672 113 : 20 Virginia, copyright act, Oct., 1785 24:30 Volume, each, of book, requires separate copyright entry, act of Mar. 3, 1891 63:35 Who may obtain copyright: Recommendation of Colonial Cong., May 2, 1783 11:5 Constitutional provision, Sept. 17,1787 31:40 State laws — Connecticut, act of Jan. jess.,. 1783... 12:1 Georgia, act of Feb. 3, 1786. 27: 20 Maryland, act of Apr. 21, 1783 15:30 Massachusetts, act of Mar. 17,1783 14:25 New Hampshire, act of Nov. 7,1783 18:20 New Jersey, act of May 27, 1783 17:5 New York, act of Apr. 29, 1786 29:25 North Carolina, act of Nov. 19,1785 25:40 Pennsylvania, act of Mar. 15,1784 20:25 Rhode Island, act of Dec. sess., 1783 19:25 South Carolina, act of Mar. 26,1784 21: 40; 22: 5 Virginia, act of Oct., 1785. 24: 30, 40 United States laws — May 31, 1790 32:10,25 Apr. 29, 1802 35:15 Feb. 3,1831 37:15,30 Aug. 18,1856 43:5 Mar. 3, 1865 44:35 July 8,1870 46:35; 47:5 Rev. Stat. , sec. 4952 54 : 5, 20 Mar. 3, 1891 (international copyright act) 59:35; 60: 5; 63: 40 174 INDEX. Who may obtain copyright — p. 1. Continued. United States laws — Cont'd. Jan. 7, 1904 (interim copy- right act) 70:5; 71:25 Mar. 3, 1905 72: 5, 20, 45 Williamson (Hugh), of North Carolina, Colonial Cong., May 2, 1783 -. 11: 1 VVisconsin, penalty for unauthor- ized representation, act of June 1, 1905 Ill; 1 Works of the fine arts. SeeFine p- !• arts, works of the. Writ of error allowed in copy- right cases: Act of Feb. 15, 1819 37:1 Act of Feb. 18, 1861 44:15 Act of July 8, 1870 50:30 Eev. Stat., sec. 699 52: 25 Act of Feb. 9, 1893 64:15 Writings. U. S. Constitution . . 31 : 40 See also Book.