twenty-eight years from the date of publication; on paintings, the period of the artist's life and seven years thereafter;" and on sculpture, fourteen years from the first "putting forth or publishing," and fourteen years more if the sculptor be living at the end of the first term." In Canada, the term of copyright is forty-two years from the date of publication.

WHO MAY COPYRIGHT

15. In the United States, under the act of 1891, the persons entitled to copyright are "the author, inventor, designer, or proprietor" of the things subject to copyright, and "the executors, administrators, or assigns of any such person." The privilege of copyright is extended to foreign as well as to resident authors, when the laws of the country of the foreign author accord to American authors substantially the same copyright privileges as are conferred upon their own authors. The act of March 2, 1895, provides that foreign authors, whose books have been first printed in the United States, and who have observed certain conditions and formalities as to the deposit of copies of their works, shall have the same exclusive rights as American authors.

An author, inventor, or designer, within the meaning of the law, is any person who produces an original work by the result of his own intellectual labor. The work need not be wholly original in all its form and substance. A work may give evidence of familiarity with some other production without forfeiting its right to be deemed original. Plagiarism, or literary theft, consists in taking passages from another's compositions and publishing them, either word for word or in substance, as one's own."° Any person may, by artistic selection, modification, or rearrangement of a former publication, produce an original work within the meaning of the copyright laws." A familiar instance is the compilation in a new and original form, of material common to all writers."

48 Rep. Roy. Copyr. Com., Art. 21.

49 lbid.. Art. 20.

50 Cent. Dict.

515 Blatchf. (U. S.) 87 (1862).

521 Story (U. S.) 11 (1839).

The word proprietor has a larger meaning. An author, inventor, or designer, or his assignee, may be the proprietor of a work, but a proprietor of a work is not necessarily the author, inventor, or designer of it. A photographer, who photographs a person with the understanding that the latter is to have as many copies as he pleases, free of charge, to do with them as he likes, is the real proprietor of the photograph, and is entitled to secure a copyright therein." A person who employs another for the express purpose of preparing a work for him, is the proprietor of the production and alone entitled to copyright, and not the author of the article. Such writer cannot, from the same knowledge, learning, and ideas, and from sources which formerly enabled him to produce and write the book, write a similar book for a later proprietor.

54

In England, the right to copyright is conferred upon the author, or the owner or the proprietor, or his assigns, for any of the works entitled to copyright. In Canada, copyright may be secured by the citizens of any country which grants copyright to citizens of the British Empire.

PROCEEDINGS TO OBTAIN COPYRIGHT

16. In the United States. By the revised statutes of the United States, at present in force, no copyright can be obtained unless, on or before the day of publication, whether such publication be in this or any foreign country, the person applying therefor deliver at the office of the librarian of congress, or send through the mails, a printed (or typewritten) copy of the title of the book, picture, or writing, or description of the drawing or design, which he desires copyrighted; and also two complete copies of such book, picture, or writing, or, in case of a drawing or design, a photograph of the same of cabinet size. Such copies of books must be printed from type set in the United States, or from plates made therefrom. Manuscript is not received.

53 59 Fed. Rep. 324 (1894).

54 27 Fed. Rep. 861 (1886).

The books must be from the best edition. Each volume of a book in two or more volumes, when such volumes are published separately, and each number of a periodical shall be considered as an independent publication. Where photographs are sent, they must be from negatives made in the United States. Thereupon, on the day of its receipt, it is the duty of the librarian of congress to record the title of such copyright book, or other article, in a book to be kept for that purpose, together with the fact that the applicant claims copyright in the same. The copyright office is purely an office of record; it does not issue a copyright, but merely records a claim to copyright protection. A copy of such title or description, under the seal of the librarian of congress, may be had by the applicant at any time. It has been held that if the published title of a book be sufficient to identify the book with the title as copyrighted, there is no forfeit of the copyright because of an immaterial difference existing between the two titles. Blank forms of application for a copyright are furnished to applicants on request, and without charge.

The application for a copyright, the separately printed or typewritten copy of the title, the registration fee, and the two copies of the work, should, whenever possible, be sent in one parcel. Great care should be taken to send the required title or description of the work, as well as two copies thereof for record, before the publication or distribution of any copies of the article which it is desired to copyright. The law is explicit on these points. Return postage should not be enclosed, since all mail matter sent from the copyright office addressed to any part of the United States, including Alaska, Canada, and Mexico, is carried without postage under government frank. All correspondence should be addressed: "The Librarian of Congress, Copyright Office, Washington, D. C."

17. Each number of a newspaper should be entered by its title, distinguished by a statement of the volume, number, and date of issue. The title page for the different numbers

for a year can be printed with a heading written in as to the volume, number, and date, and should precede the publication. Two copies of each issue should be sent to the librarian of congress at the earliest moment after printing. This will require payment of a separate fee for each title filed.

Notice of copyright in the case of magazine articles is generally placed on the title page, or the page immediately following it; also at the top of each article; also at the top or foot of the first page of the reading matter; and where authors reserve the right of copyright of their own articles, such notice of reservation is printed at the beginning of the article or foot of the first page on which the article commences. This is necessary for the reason that after the volume is completed, in binding the numbers in book form it is usual to destroy the covers and advertisements and bind the reading matter only, and, if no notice of copyright were printed on the first page of each number, they might be bound by various parties holding them without any notice of copyright appearing in them.

In the case of newspapers, the notice of copyright usually precedes the article copyrighted, or intended to be. Where it is impracticable to send a title page, the sending of three copies of the book, magazine or periodical, or newspaper, is held to be a compliance with the law, as one can be used for a title page and the other two for the book, magazine, periodical, or newspaper required by the copyright law to be deposited.

The failure to deliver, or deposit in the mails, either of the published copies, or description, or photograph, required as aforesaid, exposes the proprietor of the copyright to a penalty of twenty-five dollars, to be recovered by the librarian, in the name of the United States, in an action of debt. A person who mails his copyright book, title, or other article, is entitled, upon request, to have a receipt for it from the postmaster, whose duty it then becomes to mail it to its destination at Washington. The following is the form of receipt given by the postmaster:

RECEIVED

of

INTERNATIONAL TEXTBOOK COMPANY,

Two COPIES OF A

ENTITLED

SCRANTON, PA.,

The copyright whereof it claims as proprietors in conformity with the laws of the United States relating to copyrights, and I have this day mailed the same to the librarian of congress, as provided by law.

No. of receipt of

librarian of con

gress for the title

page.

Date

Postmaster at Scranton, Pa.

18. Notice of copyright is required to be inserted on the title page of a copyrighted book, or on the page immediately following, in the words: "Entered according to the act of Congress, in the year in the office of the Librarian of Congress, at Washington," or in the words, "Copyright, 19, by

by

Where the article is a map, chart, musical composition, painting, model, or the like, like words must be inscribed or impressed upon some visible portion of such article. The act of March 3, 1897, imposes a penalty of one hundred dollars upon any person who inserts or impresses such words upon any book or other article which has not been copyrighted, or who sells or imports any work bearing such an entry, which has not been copyrighted in the United States. The importation of such foreign books may be restrained by injunction.

In the case of subsequent editions of the work, wherein substantial changes have been made, it is the duty of the holder of the copyright to reforward to the librarian a copy of every such subsequent edition. In the case of books published in more than one volume, or of periodicals published in numbers, or of engravings, photographs, or other