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ment of copyright in any work until the provisions of this section with respect to the deposit of copies and registration of such work shall have been complied with.
Sec. 14. That should the copies Sec. 14. Currier and Smoot bills called for by this section not be read: "sball forfeit such copyright.” promptly deposited, as herein pro- This is strongly objected to by anthors vided, the Register of Copyrights may and publishers as an overdrastic penat any time after the publication of alty involving incertitude of copyright the work, upon specific written de- property. mand, require the proprietor of the copyright to deposit them, and after the said demand shall have been made, in default of the deposit of copies of the work within one month from any part of the United States except an outlying territorial possession of the l'nited States, or within three months from any outlying territorial possession of the United States or from any foreign country, the proprietor of the copyright shall be liable to a fine of one hundred dollars.
SEC. 15. That the postmaster to whom are delivered the articles deposited as provided in section twelve of this act shall, if requested, give a receipt therefor, and shall mail them to their destination without cost to the copyright claimant.
Sec. 16. That of the printed book or Sec. 16. The " manufacturing provi. periodical specified in section fire, sub- sion" varies from that in the 59th Consections (a) and (b) of this act the gress bills in replacing with the phrase text of all copies accorded protection "accorded protection under this act under this act, ercept as below pro- the words “deposited,” etc., and in rided, shall be printed from type set minor points of phraseology. within the limits of the United States, SEC. 16. All four bills include the either by hand or by the aid of any words "and binding” after the word kind of typesetting machine, or from “ printing." which were added to the plates made within the limits of the provision after the conferences, and is l'nited States from type set therein, an additional restriction strongly obor if the text be produced by litho- jected to by authors and publishers as graphic process, then by a process an unjustifiable extension of the manuwholly performed within the limits of facturing provision to an incidental, the United States, and the printing of non-essential part of a printed book, said book shall be performed within seriously jeoparding property right. the limits of the United States; which SEC. 16. Barchfeld and Kittredge requirements shall extend also to the bills include the words " or photo-enillustrations produced by lithographic gravings process ” after the words process within a printed book consist- "lithographic process" in each case and ing of text and illustrations, and the words “ or photo-engravings" after also to separate lithographs, except the word "lithographs"-a still later where in either case the subjects rep- addition. This is equally objectionaresented are located in a foreign coun- ble, as carrying the manufacturing protry; but they shall not apply to works vision into the graphic arts and prein raised characters for the use of the venting the obtaining for American blind,* or to books published abroad artists of certain reciprocal rights in seeking ad interim protection under other countries. The inclusion of serthis act.
arate plates seems incompatible, also, with the specification at the beginning.
SEC. 16. *The Authors' League specially urges including the words “or the original text of a foreign work in a language other than English ” as a clause just to French, German, and other non-English authors, preventa
tive of the threatening withdrawal of Germany from copyright relations, and promotive of the printing interests because of increased demand for American translations of such works.
SEC. (16-17.) The “affidavit provision," which had previously passed one House without attracting attention, is included in the Barchfeld and Kittredge bills as section sixteen and in the Currier and Smoot bills as section seventeen, as follows:
" In the case of the book the copies so deposited shall be accompanied by an affidavit, under the official seal of any officer authorized to administer oaths within the United States, duly made by the person claiming copyright or by his duly authorized agent or representative residing in the United States or by the printer who has printed the book, setting forth that the copies deposited have been printed from type set within the limits of the United States or from plates made within the limits of the United States from type set therein, or, if the text be produced by lithographic process, that such process was wholly performed within the limits of the United States, and that the printing of the said book have also been performed within the limits of the United States. Such afhdavit shall state also the place where and the establishment or establishments in which such type was set or plates were made or lithographic process or printing were performed and the date of the completion of the printing of the book or the date of publication."
The specifications as to binding and photoengravings are also included in this section in the respective bills as above stated.
The affidavit provision is unprecedented in copyright legislation, would be burdensome and vexatious to authors and publishers, as also to the Copyright Office, and no evidence has been adduced to show that it is needed in protection of typographers' interests. It is therefore opposed strongly by authors, publishers, and masterprinters, and the Authors' League urges that added restrictions in the manufacturing provisions, beyond those in the text in the left-hand column, be reported in a second supplementary meas
ure. SEC. 17. That any person who for the Sec. 17. Barchfeld and Kittredge bills purpose of obtaining registration of a do not include the words “and willclaim to copyright shall knowingly fully." and willfully make a false affidavit as to his having complied with the above conditions shall be deemed guilty of a misdemeanor, and upon conviction
SEC. 18. Currier and Smoot bills re
obtained ” in place of "secured."
thereof shall be punished by a fine of not more than one thousand dollars, and all of his rights and privileges under said copyright shall thereafter be forfeited.
Sec. 18. That the notice of copyright required by section ten of this act shall consist either of the word “ Copyright," or the abbreviation Copr.," or, in the case of copies of the works specified in subsections (f) to (k), inclusive, of section five of this act, the letter C inclosed within a circle, thus: (C), accompanied in every case by the name of the copyright proprietor; or, in the case of copies of works specified in subsections (f) to (k), inclusive, of section five of this act, by his initials, monogram, mark, or symbol, provided that on some accessible portion of such copies or of the margin, back, permanent base or pedestal, or of the substance on which such copies shall be mounted his name shall appear. the work be a printed literary, musical, or dramatic work, the notice shall include also the year in which the copyright was secured by publication. But in the case of works in which copyright is subsisting when this act shall go into effect, the notice of copyright may be either in one of the forms prescribed herein or in one of those prescribed by the act of June eighteenth, eighteen hundred and seventy-four.
Sec. 19. That the notice of copyright shall be applied, in the case of a book or other printed publication, upon its titlepage or the page immediately following, or, if a periodical, either upon the title-page or upon the first page of text of each separate number or under the title heading, or if a musical work either upon its title-page or the first page of music; or if a copy of a work specified in subsections (f) to (k), inclusive, of section five of this act, upon some accessible portion thereof or of the margin, back, permanent base or pedestal, or of the substance on which such copy shall be mounted.
One notice of copyright in each volume published shall suffice.
SEC. 20. That upon every copy of a published musical composition in which the right of public performance for profit is reserved there shall be imprinted under the notice of copyright the words “ Right of public performance for profit reserved," in default of which no action shall be maintained nor recovery be had for any such performance although without the consent of the copyright proprietor.
SEC. 21. That where the copyright SEC. 21. Barchfeld, Kittredge, and proprietor has sought to comply with Smoot bills modify the language as the provisions of this act with respect follows: to notice, the omission by accident or " That where the copyright proprimistake of the prescribed notice from etor has sought to comply with the proa particular copy or copies shall pre visions of this act with respect to novent the recovery of damages against tice, the omission by accident or misan innocent infringer misled thereby, take of the prescribed notice from a but shall not invalidate the copyright particular copy or copies shall not inor prevent recorery for infringement validate the copyright or prevent reagainst any person who after actual covery for infringement against any notice of the copyright begins an under person who, after actual notice of the taking to infringe it, but in a suit for copyright, begins an undertaking to infringement against such infringer, infringe it, but shall prevent the recovno permanent injunction shall be had ery of damages against an innocent inunless the copyright proprietor shall fringer who has been misled by the reimburse to the innocent infringer his omission of the notice; and in a suit reasonable outlay innocently incurred. for infringement no permanent injunc
tion shall be had unless the copyright proprietor shall reimburse to the innocent infringer his reasonable outlay innocently incurred if the court, in its
discretion, shall so direct." Sec. 22. That in the case of a book SEC, 22, in case the suggestion of the published in a foreign country before Authors' League as to the manufacpublication in this country the deposit turing provision (see note on section in the Copyright Office not later than 16) is adopted, would require correthirty days after its publication abroad sponding modification. of one complete copy of the foreign edition with a request for the reservation of the copyright, and a statement of the name and nationality of the author and of the copyright proprietor, and of the date of publication of the said book, shall secure to the author or proprietor an ad interim copyright. Except as otherwise provided, the ad interim copyright thus secured shall have all the force and effect given to copyright by this act, and shall endure [as follows:
In the case of a book printed abroad in a foreign language, for a period of two years after the first publication of the book in the foreign country ;)
In the case of a book printed abroad in the English language or in English and one or more foreign languages, until the expiration of thirty days after such deposit in the Copyright Office.
SEC. 23. That whenever within the SEC. 23. Brackets indicate period of such ad interim protection spondingly necessary omissions. an authorized edition shall be pub Sec. 23. Currier bill substitutes lished within the United States, in ac work" for "book" at close of section. cordance with the manufacturing provisions specified in section sixteen of this act, (a) of a book in the English language or (b) of a book in a foreign language, (either in the original language or] in an English translation thereof, and whenever the provisions of this act as to deposit of copies, registration (filing of affidavit), and the printing of the copyright notice shall have been duly complied with, the copyright shall be extended to endure in such original book for the full terms elsewhere provided in this act.
SECTIONS 24-26: DURATION OF COPY
SEC. 24. That the copyright secured SEC. 24. The clause of the 59th by this act shall endure:
Congress bills limiting photographs to (a) In the case of any posthumous 28 years is omitted in all the 60th work, for thirty years from the date Congress bills. of first publication ;
(b) In the case of any periodical (b) The words in parentheses, or other composite work, or of any though not in any of the bills, are work copyrighted by a corporate body necessary to cover the case of a per(otherwise than as assignee of the in- sonal copyright taken out by an individual author or authors), or by an corporated firm of publishers. employer for whom such work is made for hire, for forty-two years from the date of first publication;
(c) In the case of any world not (c) Currier and Smoot bills omit specified in subsections (a) and (b) the clause: "but including a contribuof this section, but including a contri- tion to a periodical when such conbution to a periodical when such con
tribution has been separately registribution has been separately regis- tered under the provisions of section tered under the provisions of section twelve of this act;" also omit the thirteen of this act, for forty-tico words " for forty-two years from the years from the date of first publica- date of first publication, or " and tion or for the remainder of the life- whichever shall prove the longer petime of the author after first publi- riod." cation and for thirty years after his This omission is opposed by authors death (or if a work by joint authors and publishers as shortening the pres. until thirty years after the death of ent term in the case of works pubthe last survivor of them), whichever lished within twelve years before an shall prove the longer period;
author's death-possibly his best and Provided, That within the year next most mature works. preceding the expiration of twentyeight years from the first publication of such work the copyright proprietor shall record in the Copyright Office a notice that he desires the full term provided herein, and in default of such notice the copyright protection in such work shall determine at the expiration of twenty-eight years from first publication. And prorided further, that where the term is to ertend beyond the lifetime of the author, it shall be the duty of his erecutors, administrators, or assigns to further record in the Copyright Office the date of his death.
In all of the above cases the term shall extend to the end of the calendar year of expiration.
Sec. 25. That the copyright in a SEC. 25. The following addition, not work published anonymously or under in the bills, may be requisite to make ani assumed name shall subsist for the provision workable: “ provided, the same period as if the work had that at least one year before the expibeen produced bearing the author's ration of forty-two years from the true name.
date of publication the true name of the author shall be registered in the
Copyright Office." SEC. 26. That the copyright subsist- SEC. 26. Barchfeld and Kittredge ing in any work at the time when this bills contain and Currier and Smoot act goes into effect may, at the expira- bills omit the parts in italics. The tion of the renewal term provided for latter addition represents an agreeunder existing law, be further re- ment between authors and publishers, newed and extended by the author, if particularly important in the case of he be still living, or if he be dead, cyclopædic works.