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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.

REGISTRATION.

Copyright registration.

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.

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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

Periodicals.

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

sitions.

Works of art.

etc.

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
other classes enumerated above.

17. () Motion-picture photoplays.
18. (m) Motion pictures other than 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.

torial illustrations.

HOW TO SECURE REGISTRATION.

Registrable works.

19. Copyright registration may be secured for:
(1) Unpublished works.
(2) Published works.

UNPUBLISHED WORKS.

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
delivery; (6) dramatic and musical compositions; (c)
photographic prints; (d) works of art (paintings, draw-
ings, and sculpture); (e) plastic works; (f) motion-picture
photoplays; and (g) motion pictures other than photo-
plays.

In order to secure copyright in such unpublished works,
the following steps are necessary:
20. (1) In the case of lectures, sermons, addresses, and Registration of

unpublished
dramatic and musical compositions, deposit one type-
written or manuscript copy of the work.

This copy should be in convenient form, clean and
legible, the leaves securely fastened together, and should
bear the title of the work corresponding to that given in
the application.

The entire work in each case should be deposited. It
is not sufficient to deposit a mere outline or epitome, or,
in the case of a play, a mere scenario, or a scenario with
the synopsis of the dialogue.
21. (2) In the case of photographs, deposit one copy photograph.

Unpublished
of a positive print of the work. (Photo-engravings or
photogravures are not photographs within the meaning
of this provision.)
22. (3) In the case of works of art, models or designs work of art.

Photograph of
for works of art, or drawings or plastic works of a scien-
tific or technical character, deposit a photograph or other
identifying reproduction.

(4) In the case of motion-picture photoplays, deposit
a title and description, with one print taken from each
scene or act.

(5) In the case of motion pictures other than photo-
plays, deposit a title and description, with not less than
two prints taken from different sections of the complete
motion picture.

In each case the deposited article should be accom-
panied by an application for registration and a money
order for the amount of the statutory fee.
23. Any work which has been registered under section Reproduction

unpublished
11, if reproduced in copies for sale or distribution, must be work.
deposited a second time (two copies, accompanied by an
application for registration and the statutory fee) in the
same manner as is required in the case of works published
in the first place.

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PUBLISHED WORKS.

DEPOSIT OF COPIES.

Deposit of
copies.

24. After publication of the work with the copyright
notice inscribed, two complete copies of the best edition
of the work must be sent to the Copyright Office, with a
proper application for registration correctly filled out and
a money order for the amount of the legal fee.

The statute requires that the deposit of the copyright
work shall be made "promptly," which has been defined
as “without unnecessary delay.” It is not essential,
however, that the deposit be made on the very day of
publication.

25. Published works are such as are printed or other-
"published

wise produced and “placed on sale, sold, or publicly
distributed.” Works intended for sale or general dis-
tribution must first be printed with the statutory form
of copyright notice inscribed on every copy intended
to be circulated.

Definition

of

work."

NOTICE OF COPYRIGHT.

Form of notice.

26. The ordinary form of copyright notice for books,
periodicals, dramatic and musical compositions is “Copy-
right, 19— (the year of publication), by A. B. (the name
of the claimant).” The name of the claimant printed in
the notice should be the real name of a living person, or
his trade name if he always uses one (but not a pseudonym
or pen name), or the name of the firm or corporation
claiming to own the copyright. The copyright notice
should not be printed in the name of one person for the
benefit of another. The beneficiary's name should be
printed in such cases.

27. In the case of maps, photographs, reproductions
of works of art, prints or pictorial illustrations, works of
art, models or designs for works of art, and plastic works
of a scientific or technical character, the notice may
consist of the letter C, inclosed within a circle, thus ©,
accompanied with the initials, monogram, mark, or sym-
bol of the copyright proprietor. But in such cases the
name itself of the copyright proprietor must appear on
some accessible portion of the work, or on the mount of
the picture or map, or on the margin, back, or perma-
nent base or pedestal of the work.

Short form of
notice.

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