Chapter XVIII: Appendix (11)

The Berne convention of 1886 provided (art. XII) that "every infringing (_contrefait_) work may be seized on importation into those countries of the Union where the original work has right to legal protection," which was modified by the amendatory act of Paris, 1896, to read "may be seized by the competent authorities of the countries of the Union." The Berlin convention continues in article 16 the later phraseology, and adds, "in these countries seizure may also be made of reproductions coming from a country where the work is not protected or protection has ceased." All three conventions include also the proviso that the seizure shall take place conformably to the domestic legislation of each country. This phraseology apparently leaves the prohibition of editions authorized for other countries as an open question to be determined under the domestic legislation or practice of each country. The Pan American convention of Buenos Aires, 1910, provides (art. 14): "Every publication infringing a copyright may be confiscated in the signatory countries in which the original work had the right to be legally protected, without prejudice to the indemnities or penalties which the counterfeiters may have incurred according to the laws of the country in which the fraud may have been committed."

XVII

COPYRIGHT OFFICE: METHODS AND PRACTICE

{Sidenote: History of Copyright Office}

Under the early American copyright laws, copyright entries and deposits were made in the clerk's office of the respective District courts and there was no central copyright office. The deposit copies were not properly cared for, but what remained were collected into the vaults of the national Capitol when copyright administration was centralized in the Library of Congress. Under the law of 1870, the Librarian of Congress was made the copyright officer, and for many years Ainsworth R. Spofford, occupying that position, personally recorded entries and did much of the work. Before the close of his administration of the Library, and while it was still housed in the Capitol, the copyright business required the services of a staff including at the last twenty-four persons. By a special act of 1897, the office of Register of Copyrights was created, subject to the authority of the Librarian of Congress, who remains the ultimate administrative authority. The code of 1909 provided also for an assistant register of copyrights. The Copyright Office now occupies the southern end of the ground floor in the new Library building and the staff has increased to eighty-four persons.

{Sidenote: Routine of registration}

When a book is deposited for registration, accompanied by the claim for copyright, preferably on the application form gratuitously provided by the Copyright Office, its class designation, with its accession or sequence number in that class, is at once stamped upon the deposit copy or copies, with the date of receipt, and also upon a green record slip on which all details in the progress of the work through the Copyright Office are recorded with exact time of each act and the initials of the respective clerks. This record, when completed, shows, besides the class number and the title of the work, the date and hour of the receipt of deposit copies and of the receipt of application, affidavit and fee, with memorandum of the disposition of the fee if out of the ordinary course; the examination of the application and affidavit, the preparation of the white card for printer's copy, and the clearance of the work. Thus cleared, the book is ready for examination by the Library Commission, the delivery of one copy to the Catalogue Division of the Library of Congress, the making of the certificate and its record and the making of the index cards, all of which acts are performed usually on the day of receipt, or otherwise as early as practicable on the following day. The record slip also provides for noting and notifying claimants of defects as to the deposit copies or the application for copyright, and for noting also the reference to other departments, and the disposition of second deposit copies.

{Sidenote: Treatment of deposits}

The deposit copies, as entered on day of receipt and stamped with date, group and accession number, are placed on a table for inspection by what is known as the Library Commission of the Library of Congress, consisting of the Assistant Librarian, the Superintendent of the Reading Room and the Chief of the Catalogue Division, who decide which books are desired for the Library of Congress, and whether one or two copies thereof are required; one copy not so required is retained as part of the records of the Copyright Office. Accumulations of the past years and current accessions were until recently stored in the sub-basement of the Library of Congress building, but a new stack now furnishes abundant and well-lighted space for deposit copies and gradually all deposit articles will be removed to this stack. The new provision for the destruction of useless material happily prevents the continuing storage of such material to an indefinite future.

{Sidenote: Destruction of useless material}

The Librarian of Congress and the Register of Copyrights jointly are authorized "at suitable intervals" to determine what articles received during any period of years and remaining undisposed of, are useful for permanent preservation, and in their discretion to provide for the destruction of others, after a statement of the years of receipt of such articles and notice to permit any lawful claimant to claim and remove them has been printed in the catalogue of copyright entries from February to November, permitting their reclamation within the month of December. There is a special proviso that no manuscript of an unpublished work shall be destroyed during the term of copyright without specific notice to the copyright proprietor of record, permitting him to claim and remove it.

{Sidenote: Register of Copyrights}

The Register of Copyrights, originally appointed by the Librarian of Congress under the act of February 19, 1897, is made by the new code of 1909 a permanent administrative officer, appointed by and under the direction and supervision of the Librarian of Congress at a salary of $4000 per year and under bonds of $20,000. He is authorized under the law to make rules and regulations for the registration of claims to copyright, subject to the approval of the Librarian of Congress; is required to make an annual report to the Librarian of Congress to be printed in the annual report on the Library of Congress; to cover all fees into the Treasury and report as to the same to the Secretary of the Treasury and to the Librarian of Congress, and to provide and keep the necessary record books, indexes, etc. He is authorized to affix the seal of the Copyright Office provided for by law, and is happily relieved by the new code from the necessity of formal signature of certificates, etc., which under the old law wasted precious and difficult hours in small routine work, the affixing of the seal being the sufficient and sensible substitute for the personal signature. An assistant register of copyrights at a salary of $3000 was provided for in the new act, also to be appointed by the Librarian of Congress, with authority during the absence of the Register to attach the seal and perform other necessary functions.

{Sidenote: Catalogues and indexes}

The law directs that the Register of Copyrights "shall print at periodic intervals a catalogue of the titles of articles ... together with suitable indexes, and at stated intervals ... complete and indexed catalogues for each class of copyright entries, "which shall be admitted in any court as _prima facie_ evidence," shall be promptly distributed to collectors of customs and postmasters of all exchange offices and shall be furnished to others at a price not exceeding $5 per annum for the complete catalogue or $1 for the catalogues issued during the year for any one class.

The practice of the Copyright Office is to make for each copyrighted book an index card, in conformity with the printed catalogue card of the Library of Congress, and to utilize the linotype slugs set for this purpose, with some modification, as the basis for the "Catalogue of copyright entries" for books. The catalogue for books proper, Part I, Group 1, is printed weekly with an annual index, which, together with