Chapter XXVIII: Section 62: of the copyright act defines the date of publication as "the

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earliest date when copies of the first authorized edition _were placed on sale, sold, or publicly distributed_ by the proprietor of the copyright or under his authority."

{Sidenote: Affidavit must be under seal}

33. The affidavit may be made before any officer authorized to administer oaths within the United States who can affix his official seal to the instrument.

{Sidenote: Errors by applicants}

The applicant and the officer administering the oath for such affidavit are specially requested to make sure that the instrument is properly executed, so as to avoid the delay of having it returned for amendment. Experience shows that among the common errors made by applicants are the following:

Failure to write in the "venue," that is, the name of the county and State, and to make sure that the notary's statement agrees.

Reciting a corporation or partnership as affiant. Oaths can be taken only by individuals.

Failure to state in what capacity the affiant takes the oath, whether as claimant, agent of the claimant, or printer. Where a corporation or firm is the claimant, the affiant should swear as agent.

Failure to state the _exact date_ of publication or completion of printing. The month alone is insufficient.

Failure to sign the affidavit. The signature should correspond exactly with the name of the affiant stated at the beginning. Corporation or firm names must not appear in this place.

Failure to obtain signature of the notary after swearing to the contents.

Failure to obtain the seal of the notary.

Swearing before an officer not authorized to act in the place stated in the venue.

Variance between names and dates as stated in the affidavit and the application.

The affidavit must never be made before the day of publication.

{Sidenote: By whom affidavit may be made}

34. The affidavit may be made by: (1) The person claiming the copyright; or (2) his duly authorized agent or representative residing in the United States; or (3) the printer who has printed the book.

The person making the affidavit must state in which of the above-mentioned capacities he does so.

{Sidenote: Book in foreign language}

35. In the case of a foreign author applying for a book in a language other than English, no affidavit is required, as such books are not subject to the manufacturing clause.

In the case of a foreign author applying for a book in the English language, the same affidavit must be made as in that of an American author, except where a book is deposited for _ad interim_ protection under section 21. In such cases the affidavit must be filed when the _ad interim_ copyright is sought to be extended to the full term.

The affidavit is only required for BOOKS.

PERIODICALS (FORM B)

{Sidenote: Periodicals}

36. Application should be made in the same manner as for books, depositing two copies, but no affidavit is required.

Separate registration is necessary for each number of the periodical published with a notice of copyright, and can only be made after publication. It is not possible to register the title of the periodical in advance of publication.

CONTRIBUTIONS TO PERIODICALS (FORM A5)

{Sidenote: Contributions to periodicals}

37. If special registration is requested for any contribution to a periodical, _one_ copy of the number of the periodical in which the contribution appears should be deposited promptly after publication.

The entire copy should be sent; sending a mere clipping or a page containing the contribution does not comply with the statute.

The date of publication of a periodical is not necessarily the date stated on the title-page. The application should state the day on which the issue is "first placed on sale, sold, or publicly distributed," which may be earlier or later than the date printed on the title-page.

AD INTERIM APPLICATIONS (FORM A4)

{Sidenote: Ad interim copyright}

38. Where a book in the English language has been printed abroad, an _ad interim_ copyright may be secured by depositing in the Copyright Office one complete copy of the foreign edition, with an application containing a request for the reservation and a money order for $1. Such applications should state: (1) Name and nationality of the author; (2) Name and nationality of the copyright claimant; (3) Exact date of original publication abroad.

The deposit must be made within thirty days from publication abroad. Whenever, within the thirty days' period of _ad interim_ protection, an edition manufactured in the United States is published, and two copies are deposited, the copyright claim therein may be registered the same as any other book (Form A2).

MAILING APPLICATIONS AND COPIES

{Sidenote: Address of mail matter}

39. All mail matter intended for the Copyright Office should be addressed to the "Register of Copyrights, Library of Congress, Washington, D. C." No letters dealing with copyright matters should be addressed to individuals in the office.

Copyright matter designed for deposit in the Copyright Office will be transmitted by the postmaster free of charge when requested. The postmaster will also, when requested, give a receipt for matter so delivered to him for transmission.

No franking label is issued by the Copyright Office for this purpose.

FEES

{Sidenote: Copyright fees}

40. The fee required to be paid for copyright registration is $1, except that in case of photographs it is only 50 cents when no certificate of registration is desired.

{Sidenote: Remittances}

All remittances to the Copyright Office should be sent by money order or bank draft. Postage stamps should not be sent for fees or postage. Checks can not be accepted unless certified. Coin or currency inclosed in letter or packages if sent will be at the remitter's risk.

Publishers may for their own convenience deposit in the Copyright Office a sum of money in advance against which each registration will be charged.

ASSIGNMENTS OF COPYRIGHT

{Sidenote: Assignments of copyright}

41. When a copyright has been assigned the instrument in writing signed by the proprietor of the copyright may be filed in this office for record within six calendar months after its execution without the limits of the United States or three calendar months within the United States.

After having been recorded the original assignment will be returned to the sender with a sealed certificate of record attached.

{Sidenote: Fee for recording assignment}

42. The fee for recording and certifying an assignment is $1 up to 300 words; $2 from 300 to 1,000 words; and another dollar for each additional thousand words or fraction thereof over 300 words.

{Sidenote: Name of assignee in claim}

43. After the assignment has been duly recorded, the assignee may substitute his name for that of the assignor in the copyright notice on the work assigned. Such substitution or transfer of ownership will be indexed in this office upon request, at a cost of 10 cents for each work assigned.

NOTICE OF USER OF MUSICAL COMPOSITIONS

{Sidenote: Notice of user of music}

44. Whenever the owner of the copyright in a musical composition uses such music in phonographs himself or permits anyone else to do so, he must send a notice of such use by him or by any other person to the Copyright Office to be recorded.

{Sidenote: Notice in absence of license}

45. Whenever any person in the absence of a license intends to use a copyrighted musical composition upon the parts of instruments serving to reproduce the same mechanically, the act requires that he shall serve notice of such intention upon the copyright proprietor and must also send a duplicate of such notice to the Copyright Office.

APPLICATION FOR THE RENEWAL OR EXTENSION OF SUBSISTING COPYRIGHTS

{Sidenote: Renewals and extensions}

46. Application for the renewal or extension of a subsisting copyright (except copyright of a composite work) may be filed within one year prior to the expiration of the existing term by:

(1) The author of the work if still living;

(2) The widow, widower, or children of the author if the author is not living.

(3) The author's executor, if such author, widow, widower, or children be not living;

(4) If the author, widow, widower, and children are all dead, and the author left no will, then the next of kin.

{Sidenote: Renewal for composite work}

47. If the work be a composite work upon which copyright was originally secured by the proprietor thereof, then such proprietor is entitled to the privilege of renewal and extension.

{Sidenote: Renewal fee}

48. The fee for the recording of the renewal claim is 50 cents. Application for the renewal or extension of copyright can not be recorded in the name of an assignee nor in that of any person not expressly mentioned in section 24 of the act.

SEARCHES

{Sidenote: Searches}

49. Upon application to the Register of Copyrights search of the records, indexes, or deposits will be made for such information as they may contain relative to copyright claims. Persons desiring searches to be made should state clearly the nature of the work, its title, the name of the claimant of copyright and probable date of entry; in the case of an assignment, the name of the assignor or assignee or both, and the name of the copyright claimant and the title of the music referred to in case of notice of user.

{Sidenote: Search fee}

The statutory fee for searches is 50 cents for each full hour of time consumed in making such search.

AFFIDAVIT OF AMERICAN MANUFACTURE OF A1
COPYRIGHT BOOK.

Fill in the required statements to accord with the facts concerning the book named, and draw pen through such statements as are not intended to be made.

State of_____________ }
} ss.
County of_____________ }

Impression seal
here
I,_________________________________________
_________________________________________
____, {being duly sworn, depose}
{do solemnly affirm } and say:

(1) That I am the person claiming copyright in the book named herein.

(2) That I am the duly authorized agent or representative residing in the United States of the claimant of copyright in the book named herein.

(3) That I am the printer of the book named herein.

I further depose and say that, in so far as required by the Act of March 4, 1909,

the BOOK ENTITLED_________________________________________________
__________________________________________________________________
of which two copies have been deposited, HAS BEEN PRINTED by______

___________________________at_____________________________________

from {type / plates made in the U. S. from type} set within the limits
of the United

States by__________________at_____________________________________;

that the printing of the text of the said book was completed on___,

19__; that the said book was published on________________, 19_____;
that the BINDING of the said book has been performed within the limits
of the

United States by___________at_____________________________________.

(Signature)___________________________________

Subscribed and {sworn to} before me this______day of________, 19__.
{affirmed}
_________________________________________
Place seal at
top of page _________________________________________
[OVER]

APPLICATION FOR COPYRIGHT--BOOK BY CITIZEN OR
RESIDENT OF THE UNITED STATES.

Of the BOOK named herein, first published after June 30, 1909, TWO
complete copies of the best edition published on the date stated
herein are hereby deposited to secure copyright, accompanied by the
AFFIDAVIT required by section 16 of the Act of March 4, 1909, that the
book has been produced in accordance with the manufacturing provisions
specified in section 15 of the said Act. $1 (statutory fee for
registration) is also inclosed. The copyright is claimed by the
undersigned:

Name and address of {_________________________________________________
copyright claimant {_________________________________________________

Author or
authors_______________________________________________________________

If the work is anonymous or pseudonymous, it is not obligatory to
state the name of the author.

======================================================================

Title of book_________________________________________________________
______________________________________________________________________
______________________________________________________________________
____vol.____ Price, $____. Date of publication____________ [Must be
[Date when placed on sale, sold, or publicly distributed.] exactly
stated]
Send certificate of {_________________________________________________
registration to {_________________________________________________

NOTE.--This form is to be used only for BOOKS by CITIZENS or RESIDENTS
of the United States. A separate application card must be used for
each separate WORK. No registration can be made unless copies are
accompanied with a properly filled out application card, statutory
fee, and the required AFFIDAVIT.

--> Failure to deposit copies bars suit for infringement and, if
deposit of copies is not made after "actual notice," involves a fine
of $100, the payment of twice the value of the book, and the COPYRIGHT
BECOMES VOID. (OVER)

5. U. S. TREASURY AND POST OFFICE REGULATIONS

(T. D. 31754.)

TREASURY DEPARTMENT, _July 17, 1911_.

_Collectors and other officers of the customs:_

The following sections of the copyright law, approved March 4, 1909, effective July 1, 1909, together with the regulations made in pursuance thereof, are published for the information and guidance of customs officers and others concerned:

[Here follow secs. 15, 30, 31, 32, 33, 18, as given in preceding pages.]

The register of copyrights is required by this act to print at periodic intervals a catalogue of the titles of articles deposited and registered for copyright, which printed catalogues, as they are issued, will be distributed to the collectors of customs of the United States and to the postmasters of all exchange offices of receipt of foreign mails.

REGULATIONS

Under the copyright act the following articles are prohibited importation:

1. Piratical copies of any work copyrighted in the United States. By the term "piratical" is meant the printing, reprinting, publishing, copying, or reproducing without authority of the copyright proprietor of any article legally copyrighted and on which the copyright is still in force.

2. Articles bearing a false notice of copyright when there is no existing copyright thereon in the United States.

3. Authorized foreign reprints of books by an American author copyrighted in the United States.

4. Authorized copies of any book copyrighted in the United States not produced in accordance with the manufacturing provisions of section 15 of the copyright act, except such as are exempted in the said section 15 and section 31 of the act.

All books on which there is an existing copyright in the United States are prohibited importation unless produced in accordance with the manufacturing provision of section 15, whether copyrighted under this act or previous acts. (Opinion of the Attorney General, T. D. 30136, Nov. 24, 1909.)

Copyrighted books produced in accordance with the manufacturing provisions of section 16 of the copyright act, when exported and rebound abroad may be admitted to entry on their return to the United States. (Opinion of the Attorney-General, T. D. 30414.)

As copyrighted books are required to be printed and bound in the United States, evidence should be required on entry that such books were exported in a bound condition and not as loose sheets, and that the printing and binding were both performed within the limits of the United States.

Imported articles found to bear a false notice of copyright will be detained and forfeiture proceedings instituted as provided in Schedule 32.

If satisfactory evidence is not produced to the collector that such imported books were produced in accordance with the manufacturing provisions of section 15, or are exempt therefrom, the books will be seized and forfeiture proceedings instituted as provided in section 32.

Forfeiture proceedings instituted under the copyright act will be conducted in the same manner as in case of merchandise seized for violation of the customs laws, section 32, supra. (Arts. 1266 to 1269, Customs Regulations, 1908.)

Authorized editions of copyright books imported through the mails or otherwise in violation of the copyright act may, under customs supervision, be returned to the country of exportation whenever it is shown in a written application to the satisfaction of the Secretary of the Treasury that such importation was not due to willful negligence or fraud. (Sec. 32, _supra_.)

In any case in which a customs officer is in doubt as to whether an article is prohibited importation under the copyright act the articles should be detained and the facts reported to the department for instruction.

FRANKLIN MACVEAGH, _Secretary_.

JOINT REGULATIONS

Governing treatment of letters and packages received in the
mails from foreign countries containing or supposed to
contain articles prohibited importation by the copyright act
of March 4, 1909.

The "Joint regulations governing the treatment of dutiable and supposed dutiable articles received in the mails from foreign countries" are also applicable in the treatment of articles which contain or which are supposed to contain matter prohibited importation by the copyright act, except as hereinafter modified;

_Unsealed_ correspondence and packages (registered and unregistered) of all kinds which upon examination prove to contain articles prohibited importation by the copyright act shall be retained by customs officers, who will notify the addressee of the facts of the case. If an application is not made within a reasonable time to the Secretary of the Treasury for permission to return such articles to the country of export, the customs officers shall take appropriate steps to forfeit the articles as provided in section 32 of the copyright act.

_Sealed_ articles supposed to contain matter prohibited importation by the copyright act must be appropriately marked to indicate that fact at the exchange office of receipt. The same conditions shall apply in regard to the marking, opening, and disposition of such sealed articles by the addressee or authorized agent as are required in the case of the opening and treatment of sealed "Supposed liable to customs duty" pieces. If the customs officer finds an article contains matter prohibited importation by the copyright act, he shall notify the addressee of the facts through the postmaster at the office of delivery. If an application is not then made within a reasonable time to the Secretary of the Treasury for permission to return the article to the country of export, the customs officer shall take appropriate steps to forfeit the matter as provided in section 32 of the copyright act.

Receipt should be taken for articles submitted to customs officials as prohibited importation under the copyright law and proper record made on the Post Office records of the disposition of such articles as are not returned to be disposed of through the mails.

Notice of actual or contemplated illegal importations through the mails should be given to the Secretary of the Treasury or the Postmaster General. On receipt of such notices either by the Secretary of the Treasury or the Postmaster General instructions will be promptly issued.

FRANKLIN MACVEAGH,
_Secretary of the Treasury_.
FRANK H. HITCHCOCK,
_Postmaster General_.

BRITISH EMPIRE: COPYRIGHT PROVISIONS

6. BRITISH COPYRIGHT ACT, 1911

AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING
TO COPYRIGHT [16th December 1911.]

(2 GEORGE V, CHAPTER 46)

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--

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Copyright: Its History and Its LawChapter XXVIII: Section 62: of the copyright act defines the date of publication as "the

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