Chapter LXXX: Section 6: of 15 & 16 Vict. c. 12 to dramatic pieces referred to in (1)

the Order in Council of 10th January 1852 with respect to works first published in France.

THE ADDITIONAL ACT OF PARIS, 1896.

ARTICLE I.

The International Convention of the 9th September 1886, is modified as follows:

1. Article II.--The first paragraph of Article II. shall run as follows:

"Authors belonging to any one of the countries of the Union, or
their lawful representatives, shall enjoy in the other countries
for their works, whether unpublished, or published for the first
time in one of those countries, the rights which the respective
laws do now or shall hereafter grant to nationals."

A fifth paragraph is added in these terms:

"Posthumous works are included among those to be protected."

2. Article III.--Article III. shall run as follows:

"Authors not belonging to one of the countries of the Union, who
shall have published or caused to be published for the first time
their literary or artistic works in a country which is a party to
the Union, shall enjoy, in respect of such works, the protection
accorded by the Berne Convention, and by the present Additional
Act."

3. Article V.--The first paragraph of Article V. shall run as follows:

"Authors belonging to any one of the countries of the Union, or
their lawful representatives, shall enjoy in the other countries
the exclusive right of making or authorising the translation of
their works during the entire period of their right over the
original work. Nevertheless, the exclusive right of translation
shall cease to exist if the author shall not have availed himself
of it, during a period of ten years from the date of the first
publication of the original work, by publishing or causing to be
published in one of the countries of the Union, a translation in
the language for which protection is to be claimed."

4. Article VII.--Article VII. shall run as follows:

"Serial stories, including tales, published in the newspapers
or periodicals of one of the countries of the Union, may
not be reproduced, in original or translation, in the other
countries, without the sanction of the authors or of their lawful
representatives.

"This stipulation shall apply equally to other articles in
newspapers or periodicals, when the authors or editors shall have
expressly declared in the newspaper or periodical itself in which
they shall have been published that the right of reproduction is
prohibited. In the case of periodicals it shall suffice if such
prohibition be indicated in general terms at the beginning of each
number.

"In the absence of prohibition, such articles may be reproduced on
condition that the source is acknowledged.

"In any case, the prohibition shall not apply to articles on
political questions, to the news of the day, or to miscellaneous
information."

5. Article XII.--Article XII. shall run as follows:

"Pirated works may be seized by the competent authorities of the
countries of the Union where the original work is entitled to
legal protection.

"The seizure shall take place conformably to the domestic law of
each State."

6. Article XX. The second paragraph of Article XX. shall run as follows:

"Such denunciation shall be made to the Government of the Swiss
Confederation. It shall only be effective as regards the country
making it, the Convention remaining in full force and effect for
the other countries of the Union."

ARTICLE II.

The final Protocol annexed to the Convention of the 9th September 1886, is modified as follows:

1. No. 1.--This clause shall run as follows:

"As regards Article IV., it is agreed as follows:

"(A.) In countries of the Union where protection is accorded not
only to architectural plans, but also to the architectural works
themselves, these works shall be admitted to the benefits of the
Berne Convention and of the present Additional Act.

"(B.) Photographic works and works produced by an analogous
process shall be admitted to the benefits of these engagements in
so far as the laws of each State may permit, and to the extent of
the protection accorded by such laws to similar national works.

"It is understood that an authorised photograph of a work of art
shall enjoy legal protection in all the countries of the Union, as
contemplated by the Berne Convention and by the present Additional
Act, for the same period as the principal right of reproduction
of the work itself subsists, and within the limits of private
arrangements between those who have legal rights."

2. No. 4.--This clause shall run as follows:

"The common agreement contemplated in Article XIV. of the
Convention is established as follows:

"The application of the Berne Convention and of the present
Additional Act to works which have not fallen into the public
domain within the country of origin at the time when these
engagements come into force, shall operate according to such
stipulations on this head as may be contained in special
Conventions either actually existing or to be concluded hereafter.

"In the absence of such stipulations between any of the countries
of the Union, the respective countries shall regulate, each for
itself, by its domestic legislation, the manner in which the
principle contained in Article XIV. is to be applied.

"The stipulations of Article XIV. of the Berne Convention and of
the present clause of the Final Protocol shall apply equally to
the exclusive right of translation, in so far as such right is
established by the present Additional Act.

"The temporary stipulations noted above shall be applicable to
countries which may hereafter accede to the Union."

ARTICLE III.

The countries of the Union which are not parties to the present Additional Act, shall at any time be allowed to accede thereto on their request to that effect. This stipulation shall apply equally to countries which may hereafter accede to the Convention of the 9th September 1886. It will suffice for this purpose that such accession should be notified in writing to the Swiss Federal Council, who shall in turn communicate it to the other Governments.

ARTICLE IV.

The present Additional Act shall have the same force and duration as the Convention of the 9th September 1886.

It shall be ratified, and the ratifications shall be exchanged at Paris, in the manner adopted in the case of that Convention, as soon as possible, and within the space of one year at the latest.

It shall come into force as regards those countries which shall have ratified it three months after such exchange of ratifications.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Paris in a single transcript, the 4th May 1896.

_Procès-Verbal recording Deposit of Ratification._

Circumstances having prevented action being taken within the period of delay originally fixed for the exchange of the ratifications of the Additional Act of the 4th May 1896, modifying Articles II., III., V., VII., XII., and XX. of the Convention of the 9th September 1886, and clauses 1 and 4 of the Final Protocol annexed thereto, as well as of the Declaration interpreting certain stipulations of the Convention of Berne of the 9th September 1886, and of the Additional Act signed at Paris on the 4th May 1896, it has been unanimously agreed that that period should be prolonged until this day.

In consequence whereof the Undersigned have met together in order to deposit the instruments in question.

Germany, Belgium, Spain, France, Italy, Luxembourg, Monaco, Montenegro, Switzerland, and Tunis have ratified both engagements.

Great Britain has ratified the Additional Act alone, on behalf of the United Kingdom, as well as of all the British Colonies and Possessions.

Norway has only ratified the interpretative Declaration.

The respective ratifications having been produced and found to be in good and due form, have been handed to the French Minister for Foreign Affairs, in order that they may be deposited in the archives of the Ministry, such deposit to be held equivalent to an exchange of ratifications.

In faith of which the Undersigned have prepared the present Record of deposit, to which they have affixed their seals.

Done at Paris, the 9th September 1897.

For Germany:
(L. S.) (Signed) VON MÜLLER.
For Belgium:
(L. S.) (Signed) Baron ALB. FALLON.
For Spain:
(L. S.) (Signed) Le Marquis DE NOVALLAS.
For France:
(L. S.) (Signed) G. HANOTAUX.
For Great Britain:
(L. S.) (Signed) EDMUND MONSON.
For Italy:
(L. S.) (Signed) G. TORNIELLI.
For Luxembourg:
(L. S.) (Signed) EUGÈNE LOUIS BASTIN.
For Monaco:
(L. S.) (Signed) J. DEPELLEY.
For Montenegro:
(L. S.) (Signed) H. MARCEL.
For Norway:
(L. S.) (Signed) Comte WRANGEL.
For Switzerland:
(L. S.) (Signed) DUPLAN.
For Tunis:
(L. S.) (Signed) RENAULT.
Certified to be a correct copy.
(L. S.) (Signed) PH. CROSIER,
_Minister Plenipotentiary_,
_Chef du Service du Protocole._

ORDER IN COUNCIL, MARCH 7, 1898.

Whereas, &c. (Preamble recites the Berne Convention, 1886, Order in Council November 28, 1887, other Orders in Council affecting countries subsequently acceding, and the Additional Act of Paris.)

And whereas Her Majesty in Council is satisfied that the foreign countries named in the body of this Order and parties to the said Additional Act have made such provisions as it appears to Her Majesty expedient to require for the protection of authors of works first produced in Her Majesty's dominions:

Now therefore Her Majesty, by and with the advice of Her Privy Council and by virtue of the authority committed to Her by the International Copyright Acts, 1844 to 1886, doth order, and it is hereby ordered as follows:

(1.) The Additional Act of the Berne Convention set forth in the Schedule to this Order shall as from the commencement of this Order have full effect throughout Her Majesty's dominions, and all persons are enjoined to observe the same.

(2.) This Order shall extend to the foreign countries following, that is to say:[1784]

Germany,
Belgium,
Spain,
France,
Italy,
Luxembourg,
Monaco,
Montenegro,
Switzerland, and
Tunis.

(3.) The fourth article of the Order in Council of November 28, 1887, shall as from the commencement of this Order cease to apply to the foreign countries to which this Order extends:

(4.) The Order in Council of November 28, 1887, shall continue to be of full force and effect save in so far as the same is varied by this Order.

(5.) Nothing contained in this Order shall prejudicially affect any right acquired or accrued before the commencement of this Order by virtue of the said Order in Council of November 28, 1887, or otherwise, and any person entitled to such right shall continue entitled thereto and to the remedies for the same in like manner as if this Order had not been made.

(6.) The author of any literary or artistic work first produced before the commencement of this Order shall have the rights and remedies to which he is entitled under section 6 of The International Copyright Act, 1886.

(7.) This Order shall be construed as if it formed part of The International Copyright Act, 1886.

(8.) This Order shall come into operation on the date hereof, which day is in this Order referred to as the commencement of this Order.

And the Lords Commissioners of Her Majesty's Treasury are to give the necessary orders herein accordingly.

TREASURY MINUTE

TREASURY MINUTE[1785] DEALING WITH THE COPYRIGHT IN GOVERNMENT PUBLICATIONS, AUGUST 31, 1887.

My Lords take into consideration the correspondence which has passed between the Treasury and the Stationery Office on the subject of Copyright in Government publications.

The law gives to the Crown, or the assignee of the Crown, the same right of copyright as to a private individual. Consequently, if a servant of the Crown, in the course of his duty for which he is paid, composes any document, or if a person is specially employed and paid by the Crown for the purpose of composing any document, the copyright in the document belongs to the Crown as it would in the case of a private employer.

The majority of publications issued under the authority of the Government have no resemblance to the works published by private publishers, and are published for the information of the public and for public use, in such manner as any one of the public may wish, and it is desirable that the knowledge of their contents should be diffused as widely as possible.

In other cases the Government publishes at considerable cost works in which few persons only are interested, but which are published for the purpose of promoting literature and science.

These works are of precisely the same character as those published by private enterprise.

In order to prevent an undue burden being thrown on the taxpayer by these works, and to enable the Government to continue the publication of works of this character to the same extent as heretofore, it is necessary to place them, as regards copyright, in the same position as publications by private publishers. If the reproduction of them, or of the most popular portions of them, by private publishers, is permitted, the private publisher will be able to put into his own pocket the profits of the work, which ought to go in relief of the general public, the taxpayers.

The question, then, is, what are the classes of works the reproduction of which is to be restricted, or to be left unrestricted?

Government publications may be classified as follows:

(1.) Reports of Select Committees of the two Houses of Parliament,
or of Royal Commissions.

(2.) Papers required by Statute to be laid before Parliament,
_e. g._, Orders in Council, Rules made by Government Departments,
Accounts, Reports of Government Inspectors.

(3.) Papers laid before Parliament by Command, _e. g._, Treaties,
Diplomatic Correspondence, Reports from Consuls and Secretaries of
Legation, Reports of Inquiries into Explosions or Accidents, and
other Special Reports made to Government Departments.

(4.) Acts of Parliament.

(5.) Official books, _e. g._, Queen's Regulations for the Army or
Navy.

(6.) Literary or quasi-literary works, _e. g._, the Reports of the
_Challenger_ Expedition, the Rolls Publication, the forthcoming
State Trials, the "Board of Trade Journal."

(7.) Charts and Ordnance Maps.

As respects the first five classes of publications, the reproduction of them, with certain exceptions, should not be restricted in any form whatever. Indeed, in most cases it is desirable that they should be made known to the public as widely as possible.

The first exception is, that Acts of Parliament and official books should not, except when published under the authority of the Government, purport on the face of them to be published by authority.

The second exception is, where a work of a literary or quasi-literary character comes accidentally within these classes. For example, the Reports of the Historical Manuscripts Commission would, but for the fact that they were produced under the direction of a Commission instead of under the Master of the Rolls, be published in the ordinary manner like the Rolls publications, and come within Class 6.

So, again, a Report to a Government Department may be laid before Parliament made by a person of eminent scientific knowledge who is willing to give the Government and the public the advantage of his knowledge, but not to allow it to be reproduced for the private benefit of an individual publisher. Mr. Whitehead's Reports on Injurious Insects are an instance of this case.

Other exceptions will, no doubt, from time to time occur, which can only be dealt with as they arise.

As regards the sixth and seventh classes above mentioned, it seems desirable that the copyright in them should be enforced in the interests of the taxpayer, and of literature and science. For, as pointed out above, unless copyright is enforced, cheap copies of the works, or of the popular portion of them, can be produced by private publishers, who reap the profit at the expense of the taxpayer. And as such works are in any case a burden on the taxpayer, the greater the burden the fewer works can the Government, with justice to the taxpayer, undertake.

Notice of the intention to enforce the copyright in any work should be given to the public. In the case of future works this notice can be given by prefixing to the work a notice to the effect that the rights of copyright are reserved. In the case of past works it will be desirable to inform the publishing trade of the works the reproduction of which, without permission, is forbidden.

As respects Acts of Parliament, the Government, in obedience to the wishes of Parliament expressed by Select Committees, are bound to publish an edition of them by authority as cheaply as practicable, and a nearly similar remark applies to official publications. For this purpose the Comptroller of the Stationery Office shall be appointed Her Majesty's Printer, but care will be taken not to infringe on any existing privileges granted by the Crown.

Let instructions be given to the Comptroller of the Stationery Office and to the Solicitor in pursuance of this Minute.

AMERICAN STATUTES

REVISED STATUTES, 1874.

TITLE lx. c. 3. [Approved June 22, 1874.]

[Sidenote: Copyrights to be under charge of Librarian of Congress.]

SEC. 4948. All records and other things relating to copyrights and required by law to be preserved shall be under the control of the Librarian of Congress, and kept and preserved in the Library of Congress; and the Librarian of Congress shall have the immediate care and supervision thereof, and, under the supervision of the joint committee of Congress on the Library, shall perform all acts and duties required by law touching copyrights.

[Sidenote: Seal of Office.]

SEC. 4949. The seal provided for the office of the Librarian of Congress shall be the seal thereof, and by it all records and papers issued from the office and to be used in evidence shall be authenticated.

[Sidenote: Bond of Librarian.]

SEC. 4950. The Librarian of Congress shall give a bond, with sureties, to the Treasurer of the United States, in the sum of five thousand dollars, with the condition that he will render to the proper officers of the Treasury a true account of all monies received by virtue of his office.

[Sidenote: Annual Report.]

SEC. 4951. The Librarian of Congress shall make an annual report to Congress of the number and description of copyright publications for which entries have been made during the year.

[Sidenote: What publications may be entered for Copyright.]

SEC. 4952. _Any Citizen of the United States or resident therein who shall be the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print,[1786] or photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary, or of models or designs intended to be perfected as works of the fine arts, and the executors, administrators, or assigns of any such person shall, upon complying with the provisions of this chapter, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending, the same; and in the case of a dramatic composition of publicly performing or representing it, or causing it to be performed or represented by others. And authors may reserve the right to dramatize or to translate their own works._[1787]

[Sidenote: Term of Copyrights.]

SEC. 4953. Copyrights shall be granted for the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed.

[Sidenote: Continuance of Term.]

SEC. 4954. _The author, inventor, or designer, if he be still living and a citizen of the United States or resident therein, or his widow or children, if he be dead, shall have the same exclusive right continued for the further term of fourteen years, upon recording the title of the work or description of the article so secured a second time, and complying with all other regulations in regard to original copyrights, within six months before the expiration of the first term. And such person shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more newspapers, printed in the United States, for the space of four weeks._[1788]

[Sidenote: Assignment of Copyrights and recording.]

SEC. 4955. Copyrights shall be assignable in law by any instrument of writing, and such assignment shall be recorded in the office of the Librarian of Congress within sixty days after its execution; in default of which it shall be void as against any subsequent purchaser, or mortgagee for a valuable consideration, without notice.

[Sidenote: Deposit of title and published copies.]

SEC. 4956. _No person shall be entitled to a copyright unless he shall, before publication, deliver at the office of the Librarian of Congress, or deposit in the mail addressed to the Librarian of Congress at Washington, District of Columbia, a printed copy of the title of the book or other article, or a description of the painting, drawing, chromo, statue, statuary, or a model or design for a work of the fine arts, for which he desires a copyright, nor unless he shall also within ten days from the publication thereof[1789] deliver_ _at the office of the Librarian of Congress or deposit in the mail addressed to the Librarian of Congress at Washington, District of Columbia, two copies of such copyright book or other article, or in case of a painting, drawing, statue, statuary, model, or design for a work of the fine arts, a photograph of the same._[1790]

[Sidenote: Record of entry and attested copy].

SEC. 4957. The Librarian of Congress shall record the name of such copyright book or other article forthwith, in a book to be kept for that purpose, in the words following: "Library of Congress, to wit: Be it remembered that on the ----day of ----, A. B., of ----, hath deposited in this office the title of a book (map, chart, or otherwise as the case may be, or a description of the article), the title or description of which is in the following words, to wit: (here insert the title or description) the right whereof he claims as author (originator or proprietor as the case may be) in conformity with the laws of the United States respecting copyrights. C. D., Librarian of Congress." And he shall give a copy of the title or description, under the seal of the Librarian of Congress, to the proprietor whenever he shall require it.

[Sidenote: Fees.]

SEC. 4958. _The Librarian of Congress shall receive from the persons to whom the services designated are rendered the following fees_:

_First. For recording the title or description of any copyright
book or other article, fifty cents._

_Second. For every copy under seal of such record actually given
to the person claiming the copyright, or his assigns, fifty cents._

_Third. For recording any instrument of writing for the assignment
of a copyright, fifteen cents for every one hundred words._[1791]

_All fees so received shall be paid into the Treasury of the
United States._[1792]

[Sidenote: Copies of Copyright works to be furnished to Librarian of Congress.]

SEC. 4959. _The proprietor of every copyright book or other article shall deliver at the office of the Librarian of Congress, or deposit in the mail addressed to the Librarian of Congress at Washington, District of Columbia, within ten days after its publication, two complete printed copies thereof, of the best edition issued, or description or photograph of such article as hereinbefore required, and a copy of every subsequent edition wherein any substantial changes shall be made._[1793]

[Sidenote: Penalty for omission]

SEC. 4960. For every failure on the part of the proprietor of any copyright to deliver or deposit in the mail either of the published copies or description or photograph, required by sections 4956 and 4959, the proprietor of the copyright shall be liable to a penalty of twenty-five dollars, to be recovered by the Librarian of Congress, in the name of the United States, in an action in the nature of an action of debt in any district court of the United States, within the jurisdiction of which the delinquent may reside or be found.

[Sidenote: Postmasters to give receipts.]

SEC. 4961. The postmaster to whom such copyright book, title, or other article is delivered, shall, if requested, give a receipt therefor; and when so delivered he shall mail it to its destination.

[Sidenote: Publication of notice of entry for Copyright prescribed.]

SEC. 4962. No person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title-page or the page immediately following, if it be a book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected and completed as a work of the fine arts, by inscribing _upon some portion of the face or front thereof, or on the face of the substance on which the same shall be mounted_,[1794] the following words, "Entered according to Act of Congress, in the year ----, by A. B., in the office of the Librarian of Congress at Washington."[1795]

[Sidenote: Penalty for false publication of notice of entry.]

SEC. 4963. _Every person who shall insert or impress such notice or words of the same purport, in or upon any book, map, chart, musical composition, print, cut, engraving, or photograph, or other article for which he has not obtained a copyright, shall be liable to a penalty of one hundred dollars, recoverable one-half by the person who shall sue for such penalty, and one-half to the use of the United States._[1796]

[Sidenote: Damages for violation of Copyright of books.]

SEC. 4964. _Every person who after the recording of the title of any book as provided by this chapter shall, within the term limited and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, print, publish, or import, or, knowing the same to be so printed, published, or imported, shall sell or expose to sale any copy of such book, shall forfeit every copy thereof to such proprietor, and shall also forfeit and pay such damages as may be recovered in a civil action by such proprietor in any court of competent jurisdiction._[1797]

[Sidenote: For violating Copyright of maps, charts, prints, &c.]

SEC. 4965. _If any person after the recording of the title of any map, chart, musical composition, print, cut, engraving, or photograph, or chromo, or of the description of any painting, drawing, statue, statuary, or model, or design intended to be perfected and executed as a work of the fine arts, as provided by this chapter shall, within the term limited and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, or import, either in whole or in part, or by varying the main design with intent to evade the law, or, knowing the same to be so printed, published, or imported, shall sell or expose to sale any copy of such maps or other article, as aforesaid, he shall forfeit to the proprietor all the plates on which the same shall be copied, and every sheet thereof either copied or printed, and shall further forfeit one dollar for every sheet of the same found in his possession, either printing, printed, copied, published, imported, or exposed for sale; and in case of a painting, statue, or statuary he shall forfeit ten dollars for every copy of the same in his possession, or by him sold or exposed for sale; one-half thereof to the proprietor, and the other half to the use of the United States._[1798]

[Sidenote: For violating Copyright of dramatic compositions.]

SEC. 4966. _Any person publicly performing or representing any dramatic composition for which a copyright has been obtained without the consent of the proprietor thereof or his heirs or assigns, shall be liable for damages therefor, such damages in all cases to be assessed at such sum, not less than one hundred dollars for the first, and fifty dollars for every subsequent performance, as to the court shall appear to be just._[1799]

[Sidenote: Damages for printing or publishing any manuscript without consent of author, &c.]

SEC. 4967. _Every person who shall print or publish any manuscript whatever without the consent of the author or proprietor first obtained, if such author or proprietor is a citizen of the United States, or resident therein, shall be liable to the author or proprietor for all damages occasioned by such injury._[1800]

[Sidenote: Limitation of action in Copyright cases.]

SEC. 4968. No action shall be maintained in any case of forfeiture or penalty under the copyright laws unless the same is commenced within two years after the cause of action has arisen.

[Sidenote: Defences to action in Copyright cases.]

SEC. 4969. In all actions arising under the laws respecting copyrights, the defendant may plead the general issue, and give the special matter in evidence.

[Sidenote: Injunctions in Copyright cases.]

SEC. 4970. The circuit courts, and district courts having the jurisdiction of circuit courts, shall have power upon bill in equity, filed by any party aggrieved, to grant injunctions to prevent the violation of any right secured by the laws respecting copyrights, according to the course and principles of courts of equity on such terms as the courts may deem reasonable.

[Sidenote: Aliens and non-residents not privileged.]

SEC. 4971. _Nothing in this chapter shall be construed to prohibit the printing, publishing, importation, or sale of any book, map, chart, dramatic or musical composition, print, cut, engraving or photograph, written, composed, or made by any person not a citizen of the United States nor resident therein._[1801]

[Sidenote: Writs of error and appeals without reference to amount.]

SEC. 699. A writ of error may be allowed to review any final judgment at law, and an appeal shall be allowed from any final decree in equity hereinafter mentioned without regard to the sum or value in dispute.

First. By final judgment at law or final decree in equity of any circuit court, or of any district court acting as a circuit court, or of the Supreme Court of the District of Columbia, or of any Territory, in any case touching patent rights or copyrights.

[Sidenote: Exclusive jurisdiction of Courts of United States.]

SEC. 711. The jurisdiction vested in the courts of the United States in the cases and proceedings hereinafter mentioned, shall be exclusive of the courts of the several States.

Fifth. Of all cases arising under the patent-right or copyright laws of the United States.

[Sidenote: Full costs allowed.]

SEC. 972. In all recoveries under the copyright laws either for damages, forfeitures, or penalties, full costs shall be allowed thereon.

[Sidenote: Copyrights vest in Assignee in bankruptcy.]

SEC. 5046. All ... patent rights, and copyrights ... shall in virtue of the adjudication of bankruptcy and the appointment of an assignee ... be at once vested in such assignee.

[Sidenote: Repeal of Acts.]

SEC. 5596. All Acts of Congress passed prior to December 1, 1873, any portion of which is embraced in any section of the Revised Statutes, are hereby repealed, and the section applicable thereto shall be in force in lieu thereof....

[Sidenote: Acts passed since 1st December 1873, not affected.]

SEC. 5601. The enactment of the said Revision is not to affect or repeal any Act of Congress passed since December 1, 1873, and all Acts passed since that date are to have full effect as if passed after the enactment of this revision, and so far as such Acts vary from and conflict with any provision contained in said revision, they are to have effect as subsequent statutes, and as repealing any portion of the revision inconsistent therewith.

ACT OF CONGRESS, JUNE 18, 1874.

[Sidenote: No right of action for infringement unless notice of entry.]

[Sidenote: Optional modes of entry.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title-page or the page immediately following, if it be a book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected and completed as a work of the fine arts, by inscribing upon some visible portion thereof, or of the substance on which the same shall be mounted, the following words, viz.:--"Entered according to Act of Congress in the year --by A. B., in the office of the Librarian of Congress at Washington," or at his option the word "Copyright" together with the year the copyright was entered, and the name of the party by whom it was taken out; thus--"Copyright, 18--, by A. B."

[Sidenote: Fees.]

SEC. 2. _That for recording and certifying any instrument of writing for the assignment of a copyright, the Librarian of Congress shall receive, from the persons to whom the service is rendered, one dollar; and for every copy of an assignment, one dollar; said fee to cover in either case a certificate of the record, under seal of the Librarian of Congress; and all fees so received shall be paid into the Treasury of the United States._[1802]

[Sidenote: "Engraving," "Cut" and "Print" not to extend to labels.]

[Sidenote: Commissioner of Patents charged with supervision of labels.]

SEC. 3. That in the construction of this Act the words "engraving," "cut" and "print" shall be applied only to pictorial illustrations or works connected with the fine arts, and no prints or labels designed to be used for any other articles of manufacture shall be entered under the copyright law, but may be registered in the Patent Office. And the Commissioner of Patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in conformity with the regulations provided by law as to copyright of prints except that there shall be paid for recording the title of any print or label not a trade mark, six dollars, which shall cover the expense of furnishing a copy of the record under the seal of the Commissioners of Patents, to the party entering the same.

SEC. 4. That all laws and parts of laws inconsistent with the foregoing provisions be, and the same are hereby repealed.

SEC. 5. That this Act shall take effect on August 1, 1874.

ACT OF CONGRESS, AUGUST 1, 1882.

[Sidenote: R. S. 4962, amended notice of Copyright on decorative articles.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That manufacturers of designs for moulded decorative articles, tiles, plaques, or articles of pottery or metal subject to copyright may put the copyright mark prescribed by Section 4962 of the Revised Statutes, and Acts additional thereto, upon the back or bottom of such articles, or in such other place upon them as it has heretofore been usual for manufacturers of such articles to employ for the placing of manufacturers, merchants, and trade marks thereon.

ACT OF CONGRESS, OCTOBER 1, 1890.

An Act to reduce the revenue and equalise duties on imports, and for other purposes.

SEC. 2. On and after October 6, 1890, unless otherwise specially provided for in this Act, the following articles when imported shall be exempt from duty:

* * * * *

512. Books, engravings, photographs, bound or unbound, etchings, maps and charts, which shall have been printed and bound or manufactured more than twenty years at the date of importation.

513. Books and pamphlets printed exclusively in languages other than English; also books and music in raised print used exclusively by the blind.

514. Books, engravings, photographs, etchings, bound or unbound, maps and charts imported by authority, or for the use of the United States, or for the use of the Library of Congress.

515. Books, maps, lithographic prints, and charts, specially imported, not more than two copies in any one invoice, in good faith for the use of any society incorporated or established for educational, philosophical, literary or religious purposes, or for the encouragement of the fine arts, or for the use or by order of any college, academy, school or seminary of learning in the United States, subject to such regulations as the secretary of the Treasury shall prescribe.

516. Books, or libraries, or parts of libraries, and other household effects of persons or families from foreign countries, if actually used abroad by them not less than one year, and not intended for any other person or persons, nor for sale.

ACT OF CONGRESS, MARCH 3, 1891.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section forty-nine hundred and fifty-two of the Revised Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Persons and publications entitled to Copyright.]

"SEC. 4952. The author, inventor, designer, or proprietor of any
book, map, chart, dramatic or musical composition, engraving,
cut, print, or photograph or negative thereof, or of a painting,
drawing, chromo, statue, statuary, and of models or designs
intended to be perfected as works of the fine arts, and the
executors, administrators, or assigns of any such person shall,
upon complying with the provisions of this chapter, have the sole
liberty of printing, reprinting, publishing, completing, copying,
executing, finishing, and vending the same; and, in the case of
dramatic composition, of publicly performing or representing it or
causing it to be performed or represented by others; and authors
or their assigns shall have exclusive right to dramatize and
translate any of their works for which copyright shall have been
obtained under the laws of the United States."

SEC. 2. That section forty-nine hundred and fifty-four of the Revised Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Further term of exclusive right.]

"Sec. 4954. The author, inventor, or designer, if he be still
living, or his widow or children, if he be dead, shall have the
same exclusive right continued for the further term of fourteen
years, upon recording the title of the work or description of the
article so secured a second time, and complying with all other
regulations in regard to original copyrights, within six months
before the expiration of the first term; and such persons shall,
within two months from the date of said renewal, cause a copy
of the record thereof to be published in one or more newspapers
printed in the United States for the space of four weeks."

SEC. 3. That section forty-nine hundred and fifty-six of the Revised Statutes of the United States be, and the same is hereby amended so that it shall read as follows:

[Sidenote: Deposit of title or description before publication.]

[Sidenote: Two copies of work or photograph on day of publication.]

[Sidenote: To be made in the United States.]

[Sidenote: Importation of Foreign editions prohibited.]

"SEC. 4956. No person shall be entitled to a copyright unless he
shall, on or before the day of publication in this or any foreign
country, deliver at the office of the Librarian of Congress, or
deposit in the mail within the United States, addressed to the
Librarian of Congress at Washington, District of Columbia, a
printed copy of the title of the book, map, chart, dramatic or
musical composition, engraving, cut, print, photograph, or chromo,
or a description of the painting, drawing, statue, statuary, or a
model or design for a work of the fine arts for which he desires a
copyright, nor unless he shall also, not later than the day of the
publication thereof[1803] in this or any foreign country, deliver
at the office of the Librarian of Congress at Washington, District
of Columbia, or deposit in the mail within the United States,
addressed to the Librarian of Congress at Washington, District
of Columbia, two copies of such copyright book, map, chart,
dramatic or musical composition, engraving, chromo, cut, print, or
photograph, or in case of a painting, drawing, statue, statuary,
model, or design for a work of the fine arts, a photograph of
same: Provided, That in the case of a book, photograph, chromo, or
lithograph, the two copies of the same required to be delivered
or deposited as above shall be printed from type set within the
limits of the United States, or from plates made therefrom, or
from negatives, or drawings on stone made within the limits of
the United States, or from transfers made therefrom. During the
existence of such copyright the importation into the United States
of any book, chromo, lithograph, or photograph so copyrighted, or
any edition or editions thereof, or any plates of the same not
made from type set, negatives, or drawings on stone made within
the limits of the United States, shall be, and it is hereby,
prohibited, except in the cases specified in paragraphs 512 to
516, inclusive in section 2 of the Act of Congress, October 1,
1890, and except in the case of persons purchasing for use and not
for sale, who import, subject to the duty thereon, not more than
two copies of such book at any one time, and except in the case
of newspapers and magazines not containing in whole or in part
matter copyrighted under the provisions of this Act, unauthorised
by the author, which are hereby exempted from prohibition of
importation: Provided, nevertheless, That in the case of books
in foreign languages, of which only translations in English are
copyrighted; the prohibition of importation shall apply only to
the translations of the same, and the importation of the books in
the original language shall be permitted."

[Sidenote: Fees.]

SEC. 4. That section forty-nine hundred and fifty-eight of the Revised Statutes be, and the same is hereby amended so that it will read as follows:

"SEC. 4958. The Librarian of Congress shall receive from the
persons to whom the services designated are rendered the following
fees:

"First. For recording the title or description of any copyright
book or other article, fifty cents.

"Second. For every copy under seal of such record actually given
to the person claiming the copyright, or his assigns, fifty cents.

"Third. For recording and certifying any instrument of writing for
the assignment of a copyright, one dollar.

"Fourth. For every copy of an assignment, one dollar.

"All fees so received shall be paid into the Treasury of the
United States: Provided, That the charge for recording the
title or description of any article entered for copyright, the
production of a person not a citizen or resident of the United
States, shall be one dollar, to be paid as above into the
Treasury of the United States, to defray the expenses of lists of
copyrighted articles as hereinafter provided for.

[Sidenote: List of copyrighted articles to be furnished Treasury.]

[Sidenote: Weekly Catalogues.]

"And it is hereby made the duty of the Librarian of Congress to
furnish to the Secretary of the Treasury copies of the entries
of titles of all books and other articles wherein the copyright
has been completed by the deposit of two copies of such book
printed from type set within the limits of the United States, in
accordance with the provisions of this Act and by the deposit
of two copies of such other article made or produced in the
United States; and the Secretary of the Treasury is hereby
directed to prepare and print, at intervals of not more than a
week, catalogues of such title-entries for distribution to the
collectors of customs of the United States and to the postmasters
of all post offices receiving foreign mails, and such weekly
lists, as they are issued, shall be furnished to all parties
desiring them, at a sum not exceeding five dollars per annum; and
the Secretary and the Postmaster-General are hereby empowered and
required to make and enforce such rules and regulations as shall
prevent the importation into the United States, except upon the
conditions above specified, of all articles prohibited by this
Act."

SEC. 5. That section forty-nine hundred and fifty-nine of the Revised Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Copy of subsequent editions.]

"SEC. 4959. The proprietor of every copyright book or other
article shall deliver at the office of the Librarian of Congress,
or deposit in the mail, addressed to the Librarian of Congress
at Washington, District of Columbia, a copy of every subsequent
edition wherein any substantial changes shall be made: Provided,
however, That the alterations, revisions, and additions made to
books by foreign authors, heretofore published, of which new
editions shall appear subsequently to the taking effect of this
Act, shall be held and deemed capable of being copyrighted as
above provided for in this Act, unless they form a part of the
series in course of publication at the time this Act shall take
effect."

SEC. 6. That section forty-nine hundred and sixty-three of the Revised Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Penalty for false notice of entry.]

"SEC. 4963. _Every person who shall insert or impress such
notice, or words of the same purport, in or upon any book, map,
chart, dramatic or musical composition, print, cut, engraving,
or photograph, or other article, for which he has not obtained a
copyright, shall be liable to a penalty of one hundred dollars,
recoverable one-half for the person who shall sue for such penalty
and one-half to the use of the United States._"[1804]

SEC. 7. That section forty-nine hundred and sixty-four of the Revised Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Violations of Copyright of books.]

"SEC. 4964. Every person who, after the recording of the title
of any book and the depositing of two copies of such book, as
provided by this Act, shall, contrary to the provisions of this
Act, within the term limited, and without the consent of the
proprietor of the copyright first obtained in writing, signed in
presence of two or more witnesses, print, publish, dramatize,
translate, or import, or knowing the same to be so printed,
published, dramatized, translated, or imported, shall sell or
expose to sale any copy of such book, shall forfeit every copy
thereof to such proprietor, and shall also forfeit and pay such
damages as may be recovered in a civil action by such proprietor
in any court of competent jurisdiction."

SEC. 8. That section forty-nine hundred and sixty-five of the Revised Statutes be, and the same is hereby so amended as to read as follows:

[Sidenote: Violations of Copyright of maps, prints, &c.]

"SEC. 4965. _If any person, after the recording of the title of
any map, chart, dramatic or musical composition, print, cut,
engraving, or photograph, or chromo, or of the description of
any painting, drawing, statue, statuary, or model or design
intended to be perfected and executed as a work of the fine
arts, as provided by this Act, shall within the term limited,
contrary to the provisions of this Act, and without the consent
of the proprietor of the copyright first obtained in writing,
signed in presence of two or more witnesses, engrave, etch, work,
copy, print, publish, dramatize, translate, or import, either in
whole or in part, or by varying the main design with intent to
evade the law, or, knowing the same to be so printed, published,
dramatized, translated, or imported, shall sell or expose to sale
any copy of such map or other article as aforesaid, he shall
forfeit to the proprietor all the plates on which the same shall
be copied and every sheet thereof, either copied or printed, and
shall further forfeit one dollar for every sheet of the same found
in his possession, either printing, printed, copied, published,
imported, or exposed for sale, and in case of a painting, statue,
or statuary, he shall forfeit ten dollars for every copy of the
same in his possession, or by him sold or exposed for sale;
one-half thereof to the proprietor and the other half to the use
of the United States._"[1805]

SEC. 9. That section forty-nine hundred and sixty-seven of the Revised Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Damages for printing manuscript.]

"SEC. 4967. Every person who shall print or publish any manuscript
whatever without the consent of the author or proprietor first
obtained, shall be liable to the author or proprietor for all
damages occasioned by such injury."

[Sidenote: Alien products.]

SEC. 10. That section forty-nine hundred and seventy-one of the Revised Statutes be, and the same is hereby repealed.

[Sidenote: Volumes separately copyrightable.]

SEC. 11. That for the purpose of this Act each volume of a book in two or more volumes, when such volumes are published separately and the first one shall not have been issued before this Act shall take effect, and each number of a periodical shall be considered an independent publication, subject to the form of copyrighting as above.

SEC. 12. That this Act shall go into effect on the first day of July, anno domini eighteen hundred and ninety-one.

[Sidenote: Applicable to citizens of foreign countries permitting similar rights.]

SEC. 13. That this Act shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may at its pleasure become a party to such agreement. The existence of either of the conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time as the purposes of this Act may require.

ACT OF CONGRESS, MARCH 3, 1893.

[Sidenote: Extension of time for delivery of copies where such has been neglected.]

[Sidenote: if delivered before 1st March 1893.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any author, inventor, designer, or proprietor of any book, or other article entitled to copyright, who has heretofore failed to deliver in the office of the Librarian of Congress, or in the mail addressed to the Librarian of Congress, two complete copies of such book, or description or photograph of such article within the time limited by Title 60, chapter 3, of the Revised Statutes relating to copyrights and the Acts in amendment thereof, and has complied with all other provisions thereof, who has before March 1, 1893, delivered at the office of the Librarian of Congress or deposited in the mail addressed to the Librarian of Congress two complete printed copies of such book, or description or photograph of such article, shall be entitled to all the rights and privileges of said Title 60, chapter 3, of the Revised Statutes and Acts in amendment thereof.

ACT OF CONGRESS, MARCH 2, 1895.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4965 of the Revised Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Penalty for violations of Copyright of compositions, maps, prints, paintings, &c.]

SEC. 4965. If any person after the recording of the title of any map, chart, dramatic or musical composition, print, cut, engraving or photograph, or chromo, or of the description of any painting, drawing, statue, statuary, or model or design intended to be perfected and executed as a work of the fine arts, as provided by this Act, shall, within the term limited, contrary to the provisions of this Act and without the consent of the proprietor first obtained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, dramatize, translate, or import, either in whole or in part, or by varying the main design, with intent to evade the law, or knowing the same to be so printed, published, dramatized, translated, or imported shall sell or expose to sale any copy of such map or other article as aforesaid, he shall forfeit to the proprietor all the plates on which the same shall be copied, and every sheet thereof either copied or printed, and shall further forfeit one dollar for every sheet of the same found in his possession, either printing, printed, copied, published, imported, or exposed for sale; and in case of a painting, statue, or statuary, he shall forfeit ten dollars for every copy of the same in his possession, or by him sold or exposed for sale: Provided, however, That in case of any such infringement of the copyright of a photograph made from any object not a work of fine arts, the sum to be recovered in any action brought under the provisions of this section shall be not less than 100 dollars, nor more than 5000 dollars, and: Provided further, That in case of any such infringement of the copyright of a painting, drawing, statue, engraving, etching, print, or model or design for a work of the fine arts or of a photograph of a work of the fine arts, the sum to be recovered in any action brought through the provisions of this section shall not be less than 250 dollars, and not more than 10,000 dollars. One-half of all the foregoing penalties shall go to the proprietors of the copyright and the other half to the use of the United States.

ACT OF CONGRESS, JANUARY 6, 1897.