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AN ANALYSIS OF THE LAW OF THE UNITED STATES
GOVERNING REGISTRATION AND PROTECTION
OF COPYRIGHT WORKS, INCLUDING

PRINTS AND LABELS

BY

HERBERT A. HOWELL, A.B., LL.B.
RECENTLY ASSISTANT REGISTER OF COPYRIGHTS

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THE BUREAU OF NATIONAL AFFAIRS, INC.

WASHINGTON, D.C.

094.673
H859

650350

Copyright 1942 by
The Bureau of National Affairs, Inc.

Washington, D. C.

Second Printing

Printed in the United States of America

PREFATORY NOTE

This book is based substantially upon a thorough revision of a series of lectures on copyright originally delivered to graduate law students, which I have frequently been urged to put into print and make available to the general public because long experience in the Copyright Office has given me first-hand knowledge of the many problems that come up in actual practice, and it is to these problems in particular that I have addressed myself.

The court decisions cited herein have been carefully "handpicked”, mostly from those rendered since 1909, when the present Copyright Act went into force. Not that the earlier decisions are to be ignored, but they must be closely scrutinized and reappraised as to their applicability to the situation in hand under the existing dispensation. And, likewise, the pioneer commentators on the law of copyright should be read in the light of more recent decisions, which have gone far toward clarifying the law in many important respects.

I take this occasion to congratulate the editors of The United States Patents Quarterly upon their successful efforts in securing and promptly reporting from week to week, with comprehensive syllabi, all available decisions of the courts involving copyrights as well as patents, trade marks and designs, thus rendering an unique service to the legal profession and all others interested in these technical subjects.

HERBERT A. HOWELL Washington, D. C. March, 1942

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CONTENTS

Chapter

Page

I. INTRODUCTORY .......

........ 1

II. SUBJECT-MATTER OF COPYRIGHT

Part 1-General Characteristics of Copyrightable Material 10

Part 2–Classification of Subject-Matter of Copyright .... 15

Class “(a) Books, including composite and works, direc-

tories, gazeteers, and other compilations” ..........

Other compilations” ................................

Class “(b) Periodicals, including newspapers” ..........

Class “(c) Lectures, sermons, addresses (prepared for

oral delivery)” ..................................

Class “(d) Dramatic or dramatico-musical compositions”

Class “(e) Musical compositions” .....................

Class “(f) Maps" ..............

.........

Class “(g) Works of art; models or designs for works of

art” .............................................

Class “(h) Reproductions of a work of art” ..........

Class "(i) Drawings or plastic works of a scientific or

technical character” ...

Class “(j) Photographs” ..............................

Class “(k) Prints and pictorial illustrations" .....

Class "(1) Motion picture photoplays” ...........

Class “(m) Motion pictures other than photoplays” .

III. COMMERCIAL PRINTS AND LABELS

Part 1-Former Law and Practice

.......

Part 2—Present Law and Practice

Definitions ..............

Publication .................

Notice of copyright claim

Deposit of copies ...........

Statutory fee ................

Articles of merchandise ......

Certificate of registration

Cancellation of copyright claim.

Correction of errors ............

Renewal of copyright .........

Copyright Office procedure .............

IV. NON-COPYRIGHTABLE MATERIAL

Blank forms, vouchers, checks, and like appurtenances of

business .....................

Government publications and works in public domain ...

Ideas, methods, plans, systems .......................... 43

Seditious, libelous, fraudulent, immoral or indecent works 43

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