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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 called for by this section not be promptly deposited, as herein provided, the Register of Copyrights may at any time after the publication of the work, upon specific written demand, 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 United 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 periodical specified in section five, subsections (a) and (b) of this act the text of all copies accorded protection under this act, except as below prorided, shall be printed from type set within the limits of the United States, either by hand or by the aid of any kind of typesetting machine, or from plates made within the limits of the United States from type set therein, or if the text be produced by lithographic process, then by a process wholly performed within the limits of the United States, and the printing of said book shall be performed within the limits of the United States; which requirements shall extend also to the illustrations produced by lithographic process within a printed book consisting of text and illustrations, and also to separate lithographs, except where in either case the subjects represented are located in a foreign country; but they shall not apply to works in raised characters for the use of the blind,* or to books published abroad seeking ad interim protection under this act.
SEC. 14. Currier and Smoot bills read: "shall forfeit such copyright." This is strongly objected to by authors and publishers as an overdrastic penalty involving incertitude of copyright property.
SEC. 16. The “manufacturing provision" varies from that in the 59th Congress bills in replacing with the phrase "accorded protection under this act" the words " deposited," etc., and in minor points of phraseology.
SEC. 16. All four bills include the words “and binding" after the word "printing." which were added to the provision after the conferences, and is an additional restriction strongly objected to by authors and publishers as an unjustifiable extension of the manufacturing provision to an incidental, non-essential part of a printed book, seriously jeoparding property right.
SEC. 16. Barchfeld and Kittredge bills include the words "or photo-engravings process" after the words "lithographic process" in each case and the words or photo-engravings" after the word "lithographs "-a still later addition. This is equally objectionable, as carrying the manufacturing provision into the graphic arts and preventing the obtaining for American artists of certain reciprocal rights in other countries. The inclusion of separate 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
SEC. 17. That any person who for the purpose of obtaining registration of a claim to copyright shall knowingly 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
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 affidavit shall state also the place where and the establishment or establishments in which such type was set or plates were made or lithographic process or 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
SEC. 17. Barchfeld and Kittredge bills do not include the words "and willfully."
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. If the work be a printed literary, musical, or dramatic work, the notice shall include also the year in which the copyright was secured by publication. 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 proprietor has sought to comply with the provisions of this act with respect to notice, the omission by accident or mistake of the prescribed notice from a particular copy or copies shall prevent the recovery of damages against an innocent infringer misled thereby, but shall not invalidate the copyright or prevent recovery for infringement against any person who after actual notice of the copyright begins an undertaking to infringe it, but in a suit for infringement against such infringer, no permanent injunction shall be had unless the copyright proprietor shall reimburse to the innocent infringer his reasonable outlay innocently incurred.
SEC. 22. That in the case of a book published in a foreign country before publication in this country the deposit in the Copyright Office not later than thirty days after its publication abroad of one complete copy of the foreign edition with a request for the reservation of the copyright, and a statement of the name and nationality of the author and of the copyright proprietor, and of the date of publication of the said book, shall secure to the author or proprietor an ad interim copyright. 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:
SEC. 21. Barchfeld, Kittredge, and Smoot bills modify the language as follows:
SEC. 23. That whenever within the period of such ad interim protection an authorized edition shall be published within the United States, in accordance 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.
"That where the copyright proprietor has sought to comply with the provisions of this act with respect to notice, the omission by accident or mistake of the prescribed notice from a particular copy or copies shall not invalidate the copyright or prevent recovery for infringement against any person who, after actual notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an innocent infringer who has been misled by the omission of the notice; and in a suit for infringement no permanent injunction shall be had unless the copyright proprietor shall reimburse to the innocent infringer his reasonable outlay innocently incurred if the court, in its discretion, shall so direct."
SEC. 22, in case the suggestion of the Authors' League as to the manufacturing provision (see note on section 16) is adopted, would require corresponding modification.
SEC. 23. Brackets indicate correspondingly necessary omissions.
SEC. 23. Currier bill substitutes "work" for "book" at close of section.
(c) In the case of any work not specified in subsections (a) and (b) of this section, but including a contribution to a periodical when such contribution has been separately registered under the provisions of section thirteen of this act, for forty-two years from the date of first publication or for the remainder of the lifetime of the author after first publication and for thirty years after his death (or if a work by joint authors until thirty years after the death of the last survivor of them), whichever shall prove the longer period;
Provided, That within the year next 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 provided further, that where the term is to extend beyond the lifetime of the author, it shall be the duty of his executors, 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 work published anonymously or under an assumed name shall subsist for the same period as if the work had been produced bearing the author's true name.
SEC. 26. That the copyright subsisting in any work at the time when this act goes into effect may, at the expiration of the renewal term provided for under existing law, be further renewed and extended by the author, if he be still living, or if he be dead,
This omission is opposed by authors and publishers as shortening the present term in the case of works published within twelve years before an author's death-possibly his best and most mature works,
SEC. 25. The following addition, not in the bills, may be requisite to make the provision workable: "provided, that at least one year before the expiration of forty-two years from the date of publication the true name of the author shall be registered in the Copyright Office."
SEC. 26. Barchfeld and Kittredge bills contain and Currier and Smoot bills omit the parts in italics. The latter addition represents an agreement between authors and publishers, particularly important in the case of cyclopædic works.