the Library of Congress at Washington, and are kept by the Librarian of Congress, who makes an annual report to Congress of the number and description of copyright publications. The Librarian of Congress must record the name of each copyright work in a book kept for the purpose. The form of entry is as follows: "Library of Congress, to wit,-Be it remembered that on the day of 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 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 respecting copyright.— C. D., Librarian of Congress." The librarian must give a copy of the title or description under the seal of the Librarian of Congress to the proprietor whenever he requires it. The Librarian of Congress is entitled to receive from the persons to whom the services are rendered the following fees: 1 1. For recording title or description 2. For a copy of such record under seal 50 c. 50 c. $I $I All fees so received must be paid into the Treasury of the United States. The charge for recording the title or description of the work of a person not a citizen of, or resident in, the United States is $1. The Librarian forwards a note of the title-entries to the Secretary of the Treasury, who must prepare and print, at intervals of not more than a week, catalogues of such titleentries for distribution to the collectors of customs of the United States and to the postmasters of all post-offices receiving foreign mails; and such weekly lists as they are 1 Act of 1891, sec. 4, amending Revised Statutes, sec., 4958; and see Act, June 18, 1874, sec. 2. issued are furnished to all parties desiring them at a sum not exceeding $5 per annum.1 The Secretary and Postmaster-General are empowered and required to make and enforce such rules and regulations as will prevent the importation into the United States of all articles prohibited by the Copyright Acts.2 The Postmaster to whom a copyright book, title, or other article is delivered for the Librarian of Congress must, if requested, give a receipt therefor, and when so delivered he must mail it to its destination.3 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, the proprietor of the copyright is liable to a penalty of $25, 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 court of the United States, within the jurisdiction of which the delinquent may reside or be found.* SECTION IV.-IMMORAL WORKS. A work containing immoral matter will not receive the protection of the Courts." A song containing the verse, "She's the hottest thing you ever seen," was not protected. The introduction of obscene, profane, or libellous matter into a literary or artistic work does not render it publici juris; the copyright remains, but the Court will not entertain any action upon it. Thus in Broder v. Zeno the Court said that their decision to refuse protection would not prevent the complainants from republishing their song, and by omitting the objectionable word thus secure a valid copyright. If an action is brought for the piracy of immoral matter it will be dismissed without costs to either party. The fact that a work such as playing cards 7 1 Act of 1891, sec. 4. 3 Revised Statutes, sec. 4961. 2 Ibid. 4 Revised Statutes, sec. 4960. 5 Martinetti v. Maguire (1867), 1 Abb. U.S., 356; Shook v. Daly (1875), 49 How. Prac., 366; Keene v. Kimball (1860), 16 Gray, 549. 6 Broder v. Zeno (1898), 88 Fed. Rep., 74. 7 Ibid. may, and probably will, be used for an unlawful purpose, does not disentitle it to protection. A guide to the turf has been protected, so has a list of records and trotters and pacers.3 66 SECTION V.-DURATION OF COPYRIGHT. "Copyrights shall be granted for the term of twenty-eight years from the time of recording the title thereof." 4 "The author, inventor, or designer, if he be still living, 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 complying with all other regulations in regard to original copyright, within six months before the expiration of the first term: and such persons 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." 5 6 In Callaghan v. Myers it was said that if by an error the notice of copyright on a published book bore a date prior to the actual year of publication the result would be not that the notice was bad, but that the term of copyright would date from the year specified in the notice. Notice that the right to obtain an extended term is not given to the "proprietor;" therefore an employer whose servant did literary or artistic work in his employment would not be entitled to an extension. It seems doubtful whether the servant in such a case, although the actual author, would be entitled to an extension: it is thought not. If the author, inventor, or designer assigns his copyright, he does not part with his right to an extension unless this is clearly intended by the transfer." From the terms of the statute one might doubt whether the right to obtain an extension is assignable. No doubt a contract to assign it would be valid, and a document purporting to assign it 1 Richardson v. Miller (1877), 3 L. and Eq. Rep. (Am.), 614. 2 Egbert v. Greenberg (1900), 100 Fed. Rep., 447. 3 American Trotting Register v. Gocher (1895), 70 Fed. Rep., 237. 4 Revised Statutes, sec. 4953. 5 Act of 1891, sec. 2. 6 (1888), 128 U.S. Rep., 617. 7 Pierpont v. Fowle (1846), 2 Wood. and Min., 23, 44; Cowen v. Banks (1862), 24 How. Prac., 72; see Rundell v. Murray (1821), Jac., 315. would be held equivalent to such, so that on the extension being acquired the purchaser could compel an assignment. If the author of an unpublished work conveys all right, title, and interest in it to another, he certainly cannot take out an extended term to run against his grantee.1 It seems doubtful whether he can take it out at all. Certainly his grantee cannot, and probably the author could not for his benefit. If the original term is invalid there will be no right to a renewal.2 1 Paige v. Banks (1871), 13 Wall, 608; (1871), 7 Blatchf., 152. 2 Wheaton v. Peters (1834), 8 Pet., 591, 654. CHAPTER III WHO IS THE OWNER OF THE COPYRIGHT? UNDER Section 4952 of the Revised Statutes as amended by the Act of March 3, 1891, the statutory right is vested in "the author, inventor, designer, or proprietor, and the executors, administrators, or assigns of any such person.” Care must be taken in entering a copyright that it is entered by and in the name of the owner of the common law right in the literary or artistic work. The entry does not require to be in the name of the author or to disclose who he is. It must be in the name of the owner, and if entered in the name of any other person it will be a bad entry.' Thus, when a printer in his own name copyrighted a book of which he was not the owner, he could not maintain an action either for his own use or for the use of the owner.2 Every action for infringement must be brought in the name of the owner of the copyright for the time being; and it would seem, if he is not the author himself, he must show a derivative title from the author.3 The owner of a manuscript by an author unknown would not be entitled to copyright as "proprietor" and first publisher.1 SECTION I.THE AUTHOR. Primâ facie the author is owner of the copyright. If he is in a position of employment the right in his work may vest on creation in his employer; or he may have contracted in such a way that the property passes to another. But some relation 1 Lawrence v. Dana (1869), 4 Cliff., 1. 2 Koppel v. Downing, 24 Wash. L. R., 342. 5 3 Little v. Gould (1851), 2 Blatchf., 165; Green v. Bishop (1858), 1 Cliff., 186, 198; Yuengling v. Schile (1882), 12 Fed. Rep., 97, 100. 4 Yuengling v. Schile (1882), 12 Fed. Rep., at p. 106. 5 Heine v. Appleton (1853), 4 Blatchf., 125. |