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28. The prescribed notice must be affixed to each copy each copy. of the work published or offered for sale in the United States. But no notice is required in the case of foreign books printed abroad seeking ad interim protection in the United States, as provided in section 21 of the copyright act.
AMERICAN MANUFACTURE OF COPYRIGHT BOOKS.
29. The following works must be manufactured in the works pro; United States in order to secure copyright:
(a) All "books" in the English language and books in any language by a citizen or domiciled resident of the United States must 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 of such books be produced by lithographic process or photo-engraving process, then by a process wholly performed within the limits of the United States; and the printing of the text and binding of the book must be performed within the limits of the United States.
(6) All illustrations within a book produced by lithographic process or photo-engraving process and all separate lithographs or photo-engravings must be produced by lithographic or photo-engraving process wholly performed within the limits of the United States, except when the subjects represented in such illustrations in a book or such separate lithographs or photo-engravings “are located in a foreign country and illustrate a scientific work or reproduce a work of art.”
30. Books by foreign authors in any language other Books by forthan English are not required to be printed in the United States.
In the case of books printed abroad in the English books printed language an ad interim term of copyright of thirty days from registration made in the Copyright Office within thirty days after publication abroad may be secured; but in order to extend the copyright to the full term of protection, an edition of the work must be published in the United States within the thirty days ad interim term, printed or produced within the limits of the United States as required in section 15 of the copyright act.
APPLICATION FOR REGISTRATION.
Name of author.
Application for registration.
31. The application for copyright registration required to be sent with each work must state the following facts, without which no registration can be made:
(1) The name and address of the claimant of copyright.
(2) The name of the country of which the author of the work is a citizen or subject.
(3) The title of the work.
(4) The name and address of person to whom certificate is to be sent.
(5) In the case of works reproduced in copies for sale or publicly distributed, the actual date (year, month, and day) when the work was published.
32. In addition, it is desirable that the application should state for record the name of the author. If, however, the work is published anonymously or under a pseudonym and it is not desired to place on record the real name of the author, this may be omitted. In the
case of works made for hire, the employer may be given „Nationality of as the author. By the nationality of the author is meant
citizenship, not race; a person naturalized in the United States should be described as an American. An author, a citizen of a foreign country having no copyright relations with the United States, may secure copyright in this country, if at the time of publication of his work he is domiciled in the United States. The fact of such domicile. in the United States should be expressly stated in the application, including a statement of this place of domicile. Care should be taken that the title of the work, the name of the author, and the name of the copyright claimant should be correctly stated in the application, and that they should agree exactly with the same statements made in the work itself.
33. The Copyright Office has issued the following application forms, which will be furnished on request, and should be used when applying for copyright registration:
A1. New book printed and published for the first time in the United States; also United States edition of English book.
A2. Book reprinted in the United States with new copyright matter.
A3. Book by foreign author in foreign language.
A4. Ad interim for 30 days. Book published abroad in the English language.
A5. Contribution to a newspaper or periodical.
E. New musical composition published for the first time.
E1. Musical composition republished with new copyright matter.
E2. Musical composition not reproduced for sale.
G. Work of art (painting, drawing, or sculpture); or model or design for a work of art.
11. Published drawing or plastic work of a scientific or technical character.
12. Unpublished drawing or plastic work of a scientific or technical character.
Jl. Photograph published for sale.
Mi. Motion picture, not a photoplay, reproduced for sale.
M2. Motion picture, not a photoplay, not reproduced for sale.
R1. Renewal of a copyright for 28 years.
AFFIDAVIT OF MANUFACTURE.
34. In the case of books by American authors and all, Affidavit books in the English language the application must be accompanied by an affidavit, showing the following facts:
(1) 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 or photo-engraving process, that such process was wholly performed within the limits of the United States, stating, in either case, the place and the establishment where such work was done.
(2) That the printing of the text has been performed within the limits of the United States, showing the place and the name of the establishment doing the work.
(3) That the binding of such book has been performed within the limits of the United States, showing the place and the name of the establishment where the work was done. This can be omitted if the work is unbound.
(4) That the completion of the printing of said book was on a stated day, or that the book was published on a
given date. Date of public
Section 62 of the copyright act defines the date of publication as "the earliest date when copies of the first authorized edition were placed on sale, sold, or publicly distributed by the proprietor of the copyright or under his authority.”
35. The affidavit may be made before any officer be under seal.
authorized to administer oaths within the United States who can affix his official seal to the instrument.
The applicant and the officer administering the oath for such affidavit are specially requested to make sure that the instrument is properly executed, so as to avoid
the delay of having it returned for amendment. ExErrors by appli-perience shows that among the common errors made by
applicants are the following:
Failure to write in the “venue”—that is, the name of the county and State—and to make sure that the notary's statement agrees.
Reciting a corporation or partnership as affiant. Oaths can be taken only by individuals.
Failure to state in what capacity the affiant takes the oath, whether as claimant, agent of the claimant, or printer. Where a corporation or firm is the claimant, the affiant should swear as agent.
Failure to state the exact date of publication or completion of printing. The month alone is insufficient.
Failure to sign the affidavit. The signature should correspond exactly with the name of the affiant stated at the beginning. Corporation or firm names must not appear in this place.
Failure to obtain signature of the notary after swearing to the contents.
Failure to obtain the seal of the notary.
Swearing before an officer not authorized to act in the place stated in the venue.
Variance between names and dates as stated in the affidavit and the application.
The affidavit must never be made before publication has taken place.
36. The affidavit may be made by: (1) The person By whom affi. claiming the copyright; or (2) his duly authorized agent made. or representative residing in the United States; or (3) the printer who has printed the book.
The person making the affidavit should state in which of the above-mentioned capacities he does so.
37. In the case of a foreign author applying for a book Book in foreign in a language other than English, no affidavit is required, as such books are not subject to the manufacturing clause.
In the case of a foreign author applying for a book in the English language, the same affidavit must be made as in that of an American author, except where a book is deposited for ad interim protection under section 21. In such cases the affidavit must be filed when the ad interim copyright is sought to be extended to the full term. The affidavit is only required for BOOKS.
PERIODICALS (FORM B). 38. Application should be made in the same manner as for books, depositing two copies, but no affidavit is required.
Separate registration is necessary for each number of the periodical published with a notice of copyright, and can only be made after publication. It is not possible to register the title of the periodical in advance of publication.
39. If special registration is requested for any contri
to periodicals. bution to a periodical, one copy of the number of the periodical in which the contribution appears should be deposited promptly after publication.
The entire copy should be sent; sending a mere clipping or a page containing the contribution does not comply with the statute.
The date of publication of a periodical is not necessarily the date stated on the title-page. The application should state the day on which the issue is “first placed on sale, sold, or publicly distributed,” which may be earlier or later than the date printed on the title-page.