Chapter XXVII: Section 5: of the act divides the works for which copyright may be

secured into eleven classes, as follows:

(_a_) _Books._--This term includes all printed literary works (except dramatic compositions) whether published in the ordinary shape of a book or pamphlet, or printed as a leaflet, card, or single page. The term "book" as used in the law includes tabulated forms of information, frequently called charts; tables of figures showing the results of mathematical computations, such as logarithmic tables, interest, cost, and wage tables, etc.; single poems, and the words of a song when printed and published without music; librettos; descriptions of moving pictures or spectacles; encyclopaedias; catalogues; directories; gazetteers and similar compilations; circulars or folders containing information in the form of reading matter other than mere lists of articles, names and addresses, and literary contributions to periodicals or newspapers.

{Sidenote: Blank books, etc., not copyrightable}

5. The term "book" can not be applied to--

Blank books for use in business or in carrying out any system of transacting affairs, such as record books, account books, memorandum books, diaries or journals, bank deposit and check books; forms of contracts or leases which do not contain original copyrightable matter; coupons; forms for use in commercial, legal, or financial transactions, which are wholly or partly blank and whose value lies in their usefulness and not in their merit as literary compositions.

Directions on scales, or dials, or mathematical or other instruments; puzzles; games; rebuses; labels; wrappers; formulae on boxes, bottles, and other receptacles of articles for sale or meant to accompany such articles.

Advertisements or catalogues which merely set forth the names, prices, and places where articles are for sale.

Prefaces or other introductory matter to works not themselves entitled to copyright protection, such as blank books.

Calendars are not capable of registration as such, but if they contain copyrightable reading matter or pictures they may be registered either as "books" or as "prints" according to the nature of the copyrightable matter.

{Sidenote: Periodicals}

6. (_b_) _Periodicals._--This term includes newspapers, magazines, reviews, and serial publications appearing oftener than once a year; bulletins or proceedings of societies, etc., which appear regularly at intervals of less than a year; and, generally, periodical publications which would be registered as second class matter at the post office.

{Sidenote: Lectures, etc.}

7. (_c_) _Lectures_, _sermons_, _addresses_, or similar productions, prepared for oral delivery.

{Sidenote: Dramatic compositions, etc.}

8. (_d_) _Dramatic and dramatico-musical compositions_, such as dramas, comedies, operas, operettas and similar works.

The designation "dramatic composition" does not include the following: Dances, ballets, or other choregraphic works; tableaux and moving picture shows; stage settings or mechanical devices by which dramatic effects are produced, or "stage business"; animal shows, sleight-of-hand performances, acrobatic or circus tricks of any kind; descriptions of moving pictures or of settings for the production of moving pictures. (These, however, when printed and published, are registrable as "books.")

{Sidenote: Dramatico-musical compositions, etc.}

9. _Dramatico-musical compositions_ include principally operas, operettas, and musical comedies, or similar productions which are to be acted as well as sung.

{Sidenote: Songs separately published}

Ordinary songs, even when intended to be sung from the stage in a dramatic manner, or separately published songs from operas and operettas, should be registered as musical compositions, not dramatico-musical compositions.

{Sidenote: Musical compositions}

10. (_e_) _Musical compositions_, including other vocal and all instrumental compositions, with or without words.

But when the text is printed alone it should be registered as a "book," not as a "musical composition."

"Adaptations" and "arrangements" may be registered as "new works" under the provisions of section 6. Mere transpositions into different keys are not expressly provided for in the copyright act; but if published with copyright notice and copies are deposited with application, registration will be made.

{Sidenote: Maps}

11. (_f_) _Maps._--This term includes all cartographical works, such as terrestrial maps, plats, marine charts, star maps, but not diagrams, astrological charts, landscapes, or drawings of imaginary regions which do not have a real existence.

{Sidenote: Works of art}

12. (_g_) _Works of art._--This term includes all works belonging fairly to the so-called fine arts. (Paintings, drawings, and sculpture.)

Productions of the industrial arts utilitarian in purpose and character are not subject to copyright registration, even if artistically made or ornamented.

{Sidenote: Toys, games, etc.}

No copyright exists in toys, games, dolls, advertising novelties, instruments or tools of any kind, glassware, embroideries, garments, laces, woven fabrics, or any similar articles.

{Sidenote: Reproductions of works of art}

13. (_h_) _Reproductions of works of art._--This term refers to such reproductions (engravings, woodcuts, etchings, casts, etc.) as contain in themselves an artistic element distinct from that of the original work of art which has been reproduced.

{Sidenote: Drawings or plastic works}

14. (_i_) _Drawings or plastic works of a scientific or technical character._--This term includes diagrams or models illustrating scientific or technical works, architects' plans, designs for engineering work, etc.

{Sidenote: Photographs}

15. (_j_) _Photographs._--This term covers all positive prints from photographic negatives, including those from moving picture films (the entire series being counted as a single photograph), but not photogravures, half tones, and other photo-engravings.

{Sidenote: Prints and pictorial illustrations}

16. (_k_) _Prints and pictorial illustrations._--This term comprises all printed pictures not included in the various other classes enumerated above.

{Sidenote: Articles for use not copyrightable}

Articles of utilitarian purpose do not become capable of copyright registration because they consist in part of pictures which in themselves are copyrightable, e. g., puzzles, games, rebuses, badges, buttons, buckles, pins, novelties of every description, or similar articles.

Postal cards can not be copyrighted as such. The pictures thereon may be registered as "prints or pictorial illustrations" or as "photographs." Text matter on a postal card may be of such a character that it may be registered as a "book."

Mere ornamental scrolls, combinations of lines and colors, decorative borders, and similar designs, or ornamental letters or forms of type are not included in the designation "prints and pictorial illustrations." Trademarks can not be copyrighted nor registered in the Copyright Office.

HOW TO SECURE REGISTRATION

{Sidenote: Registrable works}

17. Copyright registration may be secured for:

(1) Unpublished works.

(2) Published works.

UNPUBLISHED WORKS

_Unpublished works_ are such as have not at the time of registration been printed or reproduced in copies for sale, or been publicly distributed. They include: (_a_) Lectures, sermons, addresses, or similar productions for oral delivery; (_b_) dramatic and musical compositions; (_c_) photographic prints; (_d_) works of art (paintings, drawings, and sculpture), and (_e_) plastic works.

In order to secure copyright in such unpublished works, the following steps are necessary:

{Sidenote: Registration of unpublished works}

18. (1) In the case of lectures, sermons, addresses, and dramatic and musical compositions, deposit one typewritten or manuscript copy of the work.

This copy should be in convenient form, clean and legible, the leaves securely fastened together, and should bear the title of the work corresponding to that given in the application.

The entire work in each case should be deposited. It is not sufficient to deposit a mere outline or epitome, or, in the case of a play, a mere scenario or a scenario with the synopsis of the dialogue.

{Sidenote: Unpublished photograph}

19. (2) In the case of photographs, deposit one copy of a positive print of the work. (Photo-engravings or photogravures are not photographs within the meaning of this provision.)

{Sidenote: Photograph of work of art}

20. (3) In the case of works of art, models or designs for works of art, or drawings or plastic works of a scientific or technical character, deposit a photographic reproduction.

In each case the deposited article should be accompanied by an application for registration and a money order for the amount of the statutory fee.

{Sidenote: Reproduction of unpublished work}

21. Any work which has been registered as an unpublished work, if reproduced in copies for sale or distribution, must be deposited a second time (two copies, accompanied by an application for registration and the statutory fee) in the same manner as is required in the case of works published in the first place.

PUBLISHED WORKS

DEPOSIT OF COPIES

{Sidenote: Deposit of copies}

22. After publication of the work with the copyright notice inscribed, two _complete_ copies of the best edition of the work must be sent to the Copyright Office, with a proper application for registration correctly filled out and a money order for the amount of the legal fee.

The statute requires that the deposit of the copyright work shall be made "promptly," which has been defined as "without unnecessary delay." It is not essential, however, that the deposit be made on the very day of publication.

{Sidenote: Definition of "published work"}

23. Published works are such as are printed or otherwise produced and "placed on sale, sold, or publicly distributed" (_i. e._, so that all persons who desire copies may obtain them without restriction or condition other than that imposed by the copyright law). Representation on the stage of a play is not a publication of it, nor is the public performance of a musical composition publication. Works intended for sale or general distribution must first be printed with the statutory form of copyright notice inscribed on every copy intended to be circulated.

NOTICE OF COPYRIGHT

{Sidenote: Form of notice}

24. The ordinary form of copyright notice for books, periodicals, dramatic and musical compositions is "Copyright, 19-- (the year of publication), by A. B. (the name of the claimant)." The name of the claimant printed in the notice should be the real name of a living person, or his trade name if he always uses one (but not a pseudonym or pen-name), or the name of the firm or corporation claiming to own the copyright. The copyright notice should not be printed in the name of one person _for the benefit of another_. The beneficiary's name should be printed in such cases.

{Sidenote: Short form of notice}

25. In the case of maps, photographs, reproductions of works of art, prints or pictorial illustrations, works of art, models or designs for works of art, and plastic works of a scientific or technical character, the notice may consist of the letter C, inclosed within a circle, thus (C), accompanied with the initials, monogram, mark, or symbol of the copyright proprietor. But in such cases the name itself of the copyright proprietor must appear on some accessible portion of the work, or on the mount of the picture or map, or on the margin, back, or permanent base or pedestal of the work.

{Sidenote: Notice upon each copy}

26. The prescribed notice must be affixed to each copy of the work published or offered for sale in the United States. But no notice is required in the case of foreign books printed abroad seeking _ad interim_ protection in the United States, as provided in section 21 of the copyright act.

AMERICAN MANUFACTURE OF COPYRIGHT BOOKS

{Sidenote: Works produced in United States}

27. The following works must be manufactured in the United States in order to secure copyright:

(_a_) All "books" in the English language and books in any language by a citizen or domiciled resident of the United States must be printed from type set within the limits of the United States, either by hand or by the aid of any kind of type-setting machine, or from plates made within the limits of the United States from type set therein or, if the text of such books be produced by lithographic process or photo-engraving process, then by a process wholly performed within the limits of the United States; and the printing of the text and binding of the book must be performed within the limits of the United States.

(_b_) All _illustrations_ within a book produced by lithographic process or photo-engraving process and all _separate lithographs_ or _photo-engravings_ must be produced by lithographic or photo-engraving process wholly performed within the limits of the United States, except when the subjects represented in such illustrations in a book or such separate lithographs or photo-engravings "are located in a foreign country and illustrate a scientific work or reproduce a work of art."

{Sidenote: Books by foreign authors}

28. Books by foreign authors in any language other than English are not required to be printed in the United States.

{Sidenote: Books printed abroad}

In the case of books printed abroad in the English language an _ad interim_ term of copyright of thirty days from registration made in the Copyright Office within thirty days after publication abroad may be secured; but in order to extend the copyright to the full term of protection, an edition of the work must be published in the United States within the thirty days _ad interim_ term, printed or produced within the limits of the United States as required in section 15 of the copyright act.

APPLICATION FOR REGISTRATION

{Sidenote: Application for registration}

29. The application for copyright registration required to be sent with each work (see No. 20) must state the following facts, without which no registration can be made:

(1) The _name_ and address of the claimant of copyright.

(2) The _nationality_ of the author of the work.

(3) The _title_ of the work.

(4) The name and address of person to whom certificate is to be sent.

(5) In the case of all _published_ works the actual date (year, month, and day) when the work was published.

{Sidenote: Name of author}

{Sidenote: Nationality of author}

30. In addition, it is desirable that the application should state for record the name of the author. If, however, the work is published anonymously or under a pseudonym and it is not desired to place on record the real name of the author, this may be omitted. In the case of works made for hire, the employer may be given as the author. By the nationality of the author is meant citizenship, not race; a person naturalized in the United States should be described as an American. An author, a citizen of a foreign country having no copyright relations with the United States, may secure copyright in this country, if at the time of publication of his work he is a permanent resident of the United States. The fact of such permanent residence in the United States should be expressly stated in the application. Care should be taken that the title of the work, the name of the author, and the name of the copyright claimant should be correctly stated in the application, and that they should agree exactly with the same statements made in the work itself.

APPLICATION FORMS

{Sidenote: Application forms}

31. The Copyright Office has issued the following application forms, which will be furnished on request, and should be used when applying for copyright registration:

A1. Book by citizen or resident of the United States.

A1. New ed. New edition of book by citizen or resident of the United States.

A1. for. Book by citizen or resident of a foreign country, but manufactured in the United States.

A2. Edition printed in the United States of a book originally published abroad in the English language.

A3. Book by foreign author in foreign language.

A4. Ad interim. Book published abroad in the English language.

A5. Contribution to a newspaper or periodical.

B1. Periodical. For registration of single issue.

B2. Periodical. General application and deposit.

C. Lecture, sermon, or address.

D1. Published dramatic composition.

D2. Dramatic composition not reproduced for sale.

D3. Dramatico-musical composition.

E1. Published musical composition.

E2. Musical composition not reproduced for sale.

F. Published map.

G. Work of art (painting, drawing, or sculpture); or model or design for a work of art.

H. Reproduction of a work of art.

I. Drawing or plastic work of a scientific or technical character.

J1. Photograph published for sale.

J2. Photograph not reproduced for sale.

K. Print or pictorial illustration.

AFFIDAVIT OF MANUFACTURE

{Sidenote: Affidavit for book}

32. In the case of books by American authors and all books in the English language the application must be accompanied by an affidavit, showing the following facts:

(1) That the copies deposited have been printed from type set within the limits of the United States; or from plates made within the limits of the United States from type set therein; or if the text be produced by lithographic process or photo-engraving process, that such process was wholly performed within the limits of the United States. Stating, in either case, the place and the establishment where such work was done.

(2) That the printing of the text has been performed within the limits of the United States, showing the place and the name of the establishment doing the work.

(3) That the binding of such books has been performed within the limits of the United States, showing the place and the name of the establishment where the work was done. This can be omitted if the work is unbound.

(4) That the completion of the printing of said book was on a stated day, or that the book was published on a given date.

{Sidenote: Date of publication}