Chapter LXI: Section III: Necessary Formalities

No person is entitled to copyright unless he--[1341]

I. In the case of a book, map, chart, dramatic or musical composition, engraving, cut, print, photograph, or chromo--

(i.) Delivers (or mails within the United States) to the
Librarian of Congress, _on or before the day of publication_,
in the United States or elsewhere a _printed copy of the
title_ of the work.
(ii.) Delivers (or mails within the United States) to the
Librarian of Congress, _not later than the day of publication_,
in the United States or elsewhere _two copies_ of
the work.

II. In the case of a painting, drawing, statue, statuary, or a model or design for a work of the fine arts--[1342]

(i.) Delivers (or mails within the United States) to the
Librarian of Congress, _on or before the day of publication_,
in the United States or elsewhere a _description of
the work_.
(ii.) Delivers (or mails within the United States) to the
Librarian of Congress, _not later than the day of publication_,
in the United States or elsewhere _a photograph of
the work_.

The proprietor of every copyright book or other article must deliver (or mail within the United States) to the Librarian of Congress a copy of every subsequent edition wherein any substantial changes shall be made.[1343] Each volume of a book in two or more volumes, when such volumes are published separately, and the first one has not been issued before July 1, 1891, and each number of a periodical is to be considered an independent publication.[1344] The requirements of the statute as to delivery of title and copies, and printing of notice must therefore be complied with in the case of each volume of a book or number of a periodical.

=Conditions Precedent.=--The deposit of title and delivery of copies as prescribed by the statutes are conditions precedent to copyright and not merely declaratory.[1345] There is no common law right after publication, and therefore if a work is published without the proper formalities having been observed it becomes _publici juris_, and any one may make what use of it he pleases.[1346] Ignorance of the law is no excuse even although a new Act has just been passed altering the time within which copies must be delivered.[1347] In an action for infringement the declaration must set out in detail a compliance with the law as to formalities,[1348] and the burden of proof thereof is on the complainant.[1349] He must prove the deposit of title, delivery of copies, notice of copyright, and the date of publication. The latter is essential, as on it depends the validity of the entry.[1350]

=Delivery of the Title.=--The copy of the title to be delivered must be "printed," _i. e._ the characters used must be those ordinarily used in printing, but they may be made by hand with a pen.[1351] The work must be published within a reasonable time after the deposit of the title-page, otherwise the formalities will not have been complied with.[1352] Two months' delay in mailing to the Librarian of Congress copies of a photograph after the filing of its title is not unreasonable.[1353]

It will not do to publish a book under a substantially different title from that deposited. Immaterial variations in the title, or sub-title, or complete alteration of a description on the title-page will not make the deposit void. In _Donnelley_ v. _Ivers_[1354] the title deposited was "Over One Thousand Recipes. The Lake Side Cook Book: A Complete Manual of Practical, Economical, Palatable, and Healthful Cookery. Chicago: Donnelley, Lloyd & Company, 1878." The title on the book as published was "The Lake Side Cook Book, No. 1. A Complete Manual of Practical, Economical, Palatable, and Healthful Cookery. By N. A. D." It was held that the requirement as to the deposit of title having been "substantially, in good faith complied with," the objection was not tenable. What is required is, that the deposited title be sufficient to identify the book with substantial certainty. In _Carte_ v. _Evans_,[1355] the title filed was "Pianoforte Arrangement of the Comic Opera, The Mikado, or the Town of Titipu, by W. S. Gilbert and Sir Arthur Sullivan. By George L. Tracey." The book as published bore the title "Vocal Score of the Mikado, or The Town of Titipu. Arrangement for Pianoforte by George Lowell Tracey (of Boston, U. S. A.) of the above-named opera by W. S. Gilbert and Arthur Sullivan." This was held a sufficient deposit to protect the pianoforte accompaniment. In _Black_ v. _Allen_[1356] the title deposited was "An Outline of the Political and Economic History of the United States, with Maps and Charts: I. History and Constitution by Alexander Johnson, M. A.; II. Population and Industry by Francis A. Walker, LL. D." The title of the book as deposited was "United States: