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MUSICAL COMPOSITIONS-Contd.

performance "for profit”, signifi-

cance of term, 131, 135
performance from memory, 113
performance in dance halls, res-
taurants, etc., liability of op-
erator, 131

performance not publication, 58
performance of music copyright
under prior law, 134

pooling of performing rights, rise
of ASCAP, 131

proclamation necessary for foreign
composers to enjoy control of
mechanical reproduction, 138,
162, 169

radio receiving sets, "tuning-in” re-
sults in "performance", 132
records need not bear copyright
notice to protect work re-
corded, 139

rendition or interpretation, phono-
graph recordings of, 140

sale of copyrights by trustee in
bankruptcy carries lien for
royalties to composer, 158

substantial part, 117

NEW EDITIONS

N

containing substantial new matter
copyrightable as new works,

66

no fixed rule as to amount of new
matter to justify new copy-
right claim, 66

rule as to year date in copyright
notice, 67

NEWS

fictitious presented as fact, drama-
tization of, 119

not copyrightable as such, 117
presentation of, subject to copy-
right as literary work, 117

NEXT OF KIN

one may renew for benefit of all,
109 (i)

NOM DE PLUME

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use of in copyright notice, 64
NOTICE OF COPYRIGHT

PAINTINGS

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PANTOMIMES

may qualify as dramatic works, 18

PARAPHRASING

constitutes copying, 112

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PRACTICE AND PROCEDURE IN COURTS
annexing copies or summaries of
works to bill, 150

appeals from interlocutory decree,
153

award of attorney's fee and costs,
154

award of damages and profits, 146,
147

bill of complaint, model form, 151
declaratory judgment in proceed-
ings under Copyright Act, 78
injunctions, 142

joinder of causes and parties, 148,
149

jurisdiction

deposit and registration neces-

sary to confer, 83

federal courts exclusive in copy-
right cases, 152

retained though no injunction
granted, 143

laches in bringing suit, 153
limitations of actions, state law as
to tort governs, 153

"party aggrieved" does not include
licensee, 143, 144

proprietor of copyright necessary
party, 144, 157

service of process on "agent", 144,
145

PRICE-FIXING OF BOOKS

copyright law does not sanction
after first sale, 111
governed by special contract, 112
PRINTS AND LABELS FOR ARTICLES OF
MERCHANDISE

Act of 1874 repealed, 24

Act of 1939 transferring jurisdiction
to Copyright Office, 30
advertisements in periodicals, 33
advertisements of business, 34

advertising leaflets, 31, 32

advertising pamphlets, 32

application forms, 34

articles of merchandise, 34

bulky copies, 33

cancellation of claim, 36
catalogue of entries, 34
certificate of registration, 34, 35
certified copy of application, 33
certified copy of deposit, 33
compliance with other laws, 37
Copyright Office procedure, 37
copyright term begins on publica-
tion, not on registration, 36, 37
correction of errors in application,
36

decisions of Commissioner of Pat-
ents, review, 26

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natural state, 34

notice of copyright, 32

plurality of uses of same label, 32
power of attorney, not necessary to
file in Copyright Office, 87
proprietor, or successor in interest,
may renew, 36

public insignia, 29
publication defined, 32

publication with notice must pre-
cede registration, 32

renewal of copyright, 36
rule of description, 32

specimen books preserved and con-
tinued in Copyright Office, 33

PUBLIC DOMAIN, WORKS IN

cannot be resurrected to copyright
status, 39

originals free to use of general
public, 39

use of for dramatization or other
versions gives no exclusive
right so to use originals, 39
what included

government publications, 40
laws and opinions of courts, 40
works published without copy-

right prior to July 1, 1909, 39
works published without re-
quired notice or renewal, 62,
105

PUBLICATION

abroad without statutory notice,
effect of, 72, 73

broadcasting not publication, 58
date of defined, 57, 59
drama, performance not publica-
tion, 58

has no definite and fixed meaning,
96

lecture, oral delivery not publica-
tion, 58

motion picture, leasing for com-
mercial exhibition, 60

what constitutes, in general, 59
without prescribed notice, fatal to
copyright, 62

work of art, exhibition of, 57

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see also Broadcasting

scripts registrable as addresses for
oral delivery, 94

"tuning in" held performance of
music broadcasted, 132

REGISTER OF COPYRIGHTS

charged with registration of com-
mercial prints and labels, 31
issues certificates of registration
upon compliance with the
law, 35, 79, 80

performs all the duties relating to
registration, 160

prescribes rules and regulations for
registration, 160

rulings not appealable to Librarian
of Congress, 160.
rulings subject to review by courts,
160

REGISTRATION OF COPYRIGHT CLAIM
application for, 79

essential to bring suit for infringe-
ment, 83

involves examination as to compli-
ance with Copyright Act, 79
no examination required as to nov-
elty (priority), 50

owner of copyright dying prior to, 52
renewal registration essential to
preserve copyright, 105
refused, right to bring suit for in-
fringement survives, 105

RENEWAL OF COPYRIGHT

application must be filed within last
year of first term, 102, 104
assignment of inchoate right to re-
new, 108

co-authors, renewal by one, 109
contributions, 104

effect of renewal on prior rights,

licenses, etc., 109

employer for hire, 104, 106

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SUBJECT MATTER OF COPYRIGHT-

Contd.

motion pictures, 23

musical compositions, arrangements

and adaptations, 13, 18

new editions, 66

old material, selection and arrange-

ment, 12, 13

pantomimes, 11, 18

periodicals, 17, 21
photographs, 11, 22

prints and pictorial illustrations, 22
questionnaires, 39

radio scripts, 17, 94

reproductions of works of art, 21
songs, 18, 215

translations, 118, 179
versions, 118, 179

works of art, 20, 121
SUBSTANTIAL PART

appropriation of is infringement, 115
what constitutes, 115, 116, 117
SYSTEMS, PLANS, METHODS

not copyrightable as such, 43
printed description of, 43

T

TERM OF COPYRIGHT

ad interim books, 90, 91

renewal, 102, 103

unpublished works, 95, 96

works published in first instance, 91

TERRITORIAL POSSESSIONS OF UNITED

TITLES-Contd.

trade-mark protection, 47

unfair competition in use of, 45

TUCKER ACT

copyright actions do not lie against
United States, 41

U

UNPUBLISHED WORKS

action for infringement occurring
after publication, 98
action for infringement occurring
before publication, 95
books not registrable before publi-
cation, 94

classes of works entitled to regis-
tration, 94, 217

common-law rights end when copy-
right secured, 97

duration of copyright, 95

"not reproduced for sale" equiva-
lent to "not published", 94
renewal of copyright in, 103
statutory copyright compared with
common-law right, 98

when published, copies must be de-
posited, 98

year date in notice upon publica-
tion, 99

VEND

V

STATES

copyright in, 171

TITLES

change of, 48

not copyrightable as such apart

from work, 44

"secondary meaning" attaching to,

46

right to vend does not include
price-fixing after first sale,

111

VIRGIN ISLANDS

Copyright Act operative in, 173

W

WORKS IN PUBLIC DOMAIN

see Public Domain

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