Copyright

united, act, author, office, proprietor, notice, foreign, infringement, limits and certificate

Page: 1 2 3 4

Books, including composite and cyclopedic works, directories, gazetteers and other com pilations, periodicals, which include newspapers, except the original text of a book of foreign origin, or in foreign language other than Eng lish, must be printed from type set within the limits of the United States, or from plates made within the limits of the United States, and if the text is produced by a lithograph process or photoengraving process, the processes must be performed within the limits of the United States, and the printing and binding must be done in the United States. These requirements extend to illustrations in books and illustrations produced by lithographic process or photoen graving process and to separate lithographs or photoengraving3, except where the subjects represented are located in a foreign country, 'land illustrate a scientific work, or reproduce a work of art. These requirements do not apply to works in raised characters for the use of the blind, or to books of foreign origin in other than the English language.

Upon filing application for copyright a fee of $1 is required, for which the Register makes an entry of the copyright and issues to the proprietor or claimant a certificate of registra tion under seal. Where the copyright protec tion is sought on photographs, and where no certificate is required or demanded by the ap plicant, a fee of 50 cents is charged.

Copyright protection endures for 28 years from the date of first publication, and a renewal term of 28 years may be had upon application for an extension made within one year prior to the expiration of the original term of copyright, and this right of renewal not only applies to the author himself, but to the widow, widower or children of the author, if the author be de ceased, or if such author, widow, widower or children be not living, then to the author's executors, and in the absence of a will, the next of lcin to the author is entitled to the re newal and extension of a copyright under the same provisions as to filing application for renewal that characterizes the onginal applica tion.

If the owner of a copyright has complied. with all of the requirements of .the law, in obtaining the copyright and has a certificate of registrahon, he may bring suit for infringement of the copyright, the remedy being in the way of an injunction restraining such infringement and damages which have been snffered by the copyright proprietor due to the infring-ement, as well as all profits which the infringer shall have made, for such infringement, or in lieu of actual damages and profits, the court may assess such damages as it may think the infringement warrants.

No action for copyright infringement can be maintained until the copyright protection is com pleted by the insurance of a certificate of regis tration, and the claimant must have marked or given notice of claim of copyright in the manner prescribed by the law.

The notice of copyright required, if the work be a printed literary, musical or dramatic work, is °Copyright) or abbreviated °Copr." ac companied by the name of the copyright pro prietor, and the notice must include also the year in which the copyright was secured by publication, or when it was first published Certain subject matter of copyright productions, maps, works of art, models or designs for works of art, reproductions of work of art, drawings or plastic works of a scientific character, photo graphs, prints and pictorial illustrations, may be marked with the letter °CI enclosed within a circle, thus —C)— accompanied by the initials, monograms, mark or symbol of the copyright propnetor, provided that on some accessible portion of such copies of the margin, bacic, per manent base, pedestal or of the substance on which such copy shall be mounted, the name of the copyright proprietor appear, except in cases where a copyright subsisted when the act of 1909 went into force, or 1 July 1909, in which cases the notices prescribed by prior acts are sufficient.

• What is called °ad interim) copyright pro tection may be obtained for a book published abroad in the English language or before publi cation in this country by deposit of one complete copy of the foreign edition in the copynght office in the United States at Washington, not later than 30 days after its publication abroad, with request for reservation of the name and nationality of the author and of the copyright proprietor and of the date of publication of tbe book, and such protection will endure for 30 days after the deposit in the American office.

and if an authorized edition of such book is published within the United States within the 30-day period, and the copyright act is otherwise complied with, the protection will be extended to endure for the full term provided by the copyright act.

Copyrights secured under the provisions of the copyright act may be assigned, granted or mortgaged by an instrument in writing signed by the proprietor of the copyright, or may be bequeathed by will, but where an assignment is made, it must be recorded in the copyright office within three months after its execution in the United States or within six months after its execution outside of the limits of the United States, otherwise it will be void as against any subsequent purchaser or mortgagee for valuable consideration without notice, whose assignment has been duly recorded. Under the copyright act, original jurisdiction is given the District Courts of the United States and the District Court of any territory and the Supreme Court of the District of Columbia and the District Courts of Alaska, Hawaii, Porto Rico and the Courts of First Instance of the Philippine Islands. Where the article to be copyrighted comes properly under the head of "Label" or "Print" which comprises artistic matter, for use upon merchandise or for advertising merchan dise, it is registrable in the United States Patent Office by complying with certain rules and regulations made by the Commissioner of Patents, but the label or print must have upon it, when first published, the copyright notice as prescribed by the copyright act. The authority for this Patent Office registration is contained in the act of 18 June 1874, relating to the regis tration of prints and labels, and section 3 of the act is not repealed by the copyright act of 4 March 1909, or any acts in the interim between 18 June 1874 and 1909, and it provides that no prints or labels designed for use on any other articles of manufacture shall be entered under the copyright law, but may be registered in the Patent Office.

Page: 1 2 3 4