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be a person who could not himself claim the benefit of the copyright act, the proprietor can not claim it.
(3) The executors, administrators, or assigns of the abovementioned author or proprietor.
3. After the publication of any work entitled to copyright, the claimant of copyright should register his claim in the Copyright Office. An action for infringement of copyright can not be maintained in court until the provisions with respect to the deposit of copies and registration of such work shall have been complied with.
A certificate of registration is issued to the applicant and duplicates thereof may be obtained on payment of the statutory fee of 50 cents.
SUBJECT MATTER OF COPYRIGHT.
Works subject 4. The act provides that no copyright shall subsist in to copyright.
the original text of any work published prior to July 1, 1909, which has not been already copyrighted in the United States (sec. 7).
Section 5 of the act divides the works for which copyright may be secured into eleven classes, as follows:
(a) Books.—This term includes all printed literary works (except dramatic compositions) whether published in the ordinary shape of a book or pamphlet, or printed as a leaflet, card, or single page. The term "book” as used in the law includes tabulated forms of information, frequently called charts; tables of figures showing the results of mathematical computations, such as logarithmic tables; interest, cost, and wage tables, etc., single poems, and the words of a song when printed and published without music; librettos; descriptions of motion pictures or spectacles; encyclopædias; catalogues; directories; gazeteers and similar compilations; circulars or folders containing information in the form of reading matter other than mere lists of articles, names and addresses, and literary contributions to periodicals or newspapers.
5. The term "book" can not be applied to— rightable. Blank books for use in business or in carrying out any
system of transacting affairs, such as record books, account books, memorandum books, diaries or journals, bank deposit and check books; forms of contracts or leases which do not contain original copyrightable matter; coupons; forms for use in commercial, legal, or
Blank booksetc., not copy
financial transactions, which are wholly or partly blank and whose value lies in their usefulness and not in their merit as literary compositions.
6. (6) Periodicals. This term includes newspapers, magazines, reviews, and serial publications appearing oftener than once a year; bulletins or proceedings of societies, etc., which appear regularly at intervals of less than a year; and, generally, periodical publications which would be registered as second-class matter at the post office.
7. (c) Lectures, sermons, addresses, or similar produc- Lectures, etc. tions, prepared for oral delivery. 8. (d) Dramatic and dramatico-musical compositions, Dramatic com
, such as dramas, comedies, operas, operettas, and similar works.
The designation “dramatic composition" does not include the following: Dances, ballets, or other choregraphic works; tableaux and motion-picture shows; stage settings or mechanical devices by which dramatic effects are produced, or “stage business”; animal shows, sleight-of-hand performances, acrobatic or circus tricks of any kind; descriptions of motion pictures or of settings for the production of motion pictures. (These, however, when printed and published, are registrable as "books.”)
9. Dramatico-musical compositions include principally Dramatico-muoperas, operettas, and musical comedies, or similar pro- tions, etc. ductions which are to be acted as well as sung. Ordinary songs, even when intended to be sung from Songs separate
published. the stage in a dramatic manner, or separately published songs from operas and operettas, should be registered as musical compositions, not dramatico-musical compositions.
10. (e) Musical compositions, including other vocal and Musical compoall instrumental compositions, with or without words.
But when the text is printed alone it should be registered as a "book," not as a "musical composition."
“Adaptations” and “arrangements” may be registered as "new works” under the provisions of section 6. Mere transpositions into different keys are not expressly provided for in the copyright act; but if published with copyright notice and copies are deposited with application, registration will be made.
11. (f) Maps.—This term includes all cartographical Maps. works, such as terrestrial maps, plats, marine charts, star maps, but not diagrams, astrological charts, landscapes, or
Works of art.
of works of art.
drawings of imaginary regions which do not have a real existence.
12. (g) Works of art.—This term includes all works belonging fairly to the so-called fine arts. (Paintings, drawings, and sculpture.)
Productions of the industrial arts utilitarian in purpose and character are not subject to copyright registration,
even if artistically made or ornamented. Toys, games, No copyright exists in toys, games, dolls, advertising
novelties, instruments or tools of any kind, glassware, embroideries, garments, laces, woven fabrics, or any
similar articles. Reproductions
13. (h) Reproductions of works of art.—This term refers to such reproductions (engravings, woodcuts, etchings, casts, etc.) as contain in themselves an artistic element distinct from that of the original work of art which has
been reproduced. Drawings or 14. (i) Drawings or plastic works of a scientific or techplastic works.
nical character.—This term includes diagrams or models illustrating scientific or technical works, architects' plans,
designs for engineering work, etc. Photographs. 15. (j) Photographs.—This term covers all positive
prints from photographic negatives, but not half tones
or other photo-engravings. Prints and pic 16. (k) Prints and pictorial illustrations. This term
comprises all printed pictures not included in the various
17. () Motion-picture photoplays.
Postal cards can not be copyrighted as such. The pictures thereon may be registered as "prints or pictorial illustrations” or as “photographs." Text matter on a postal card may be of such a character that it may be registered as a “book.”
Trade-marks can not be copyrighted nor registered in the Copyright Office.
HOW TO SECURE REGISTRATION.
19. Copyright registration may be secured for:
Unpublished works are such as have not at the time of registration been printed or reproduced in copies for sale or been publicly distributed. They include: (a) Lec
tures, sermons, addresses, or similar productions for oral
In order to secure copyright in such unpublished works,
This copy should be in convenient form, clean and
The entire work in each case should be deposited. It
(4) In the case of motion-picture photoplays, deposit
(5) In the case of motion pictures other than photo-
In each case the deposited article should be accom-
DEPOSIT OF COPIES.
24. After publication of the work with the copyright
The statute requires that the deposit of the copyright
25. Published works are such as are printed or other-
wise produced and “placed on sale, sold, or publicly
NOTICE OF COPYRIGHT.
Form of notice.
26. The ordinary form of copyright notice for books,
27. In the case of maps, photographs, reproductions
Short form of