Copyright: Its History and Its Law Part 44

(c) Lectures, sermons, addresses, prepared for oral delivery;

(d) Dramatic or dramatico-musical compositions;

(e) Musical compositions;

(f) Maps;

(g) Works of art; models or designs for works of art;

(h) Reproductions of a work of art;

(i) Drawings or plastic works of a scientific or technical character;

(j) Photographs;

(k) Prints and pictorial ill.u.s.trations:

{Sidenote: Cla.s.sification does not limit copyright}

_Provided, nevertheless_, That the above specifications shall not be held to limit the subject-matter of copyright as defined in section four of this Act, nor shall any error in cla.s.sification invalidate or impair the copyright protection secured under this Act.

{Sidenote: Compilations, abridgements, dramatizations, translations, new editions}

{Sidenote: Subsisting copyright not affected}

SEC. 6. That compilations or abridgements, adaptations, arrangements, dramatizations, translations, or other versions of works in the public domain, or of copyrighted works when produced with the consent of the proprietor of the copyright in such works, or works republished with new matter, shall be regarded as new works subject to copyright under the provisions of this Act; but the publication of any such new works shall not affect the force or validity of any subsisting copyright upon the matter employed or any part thereof, or be construed to imply an exclusive right to such use of the original works, or to secure or extend copyright in such original works.

{Sidenote: Not subject-matter of copyright: works in public domain; government publications}

SEC. 7. That no copyright shall subsist in the original text of any work which is in the public domain, or in any work which was published in this country or any foreign country prior to the going into effect of this Act and has not been already copyrighted in the United States, or in any publication of the United States Government, or any reprint, in whole or in part, thereof: _Provided, however_ That the publication or republication by the Government, either separately or in a public doc.u.ment, of any material in which copyright is subsisting shall not be taken to cause any abridgement or annulment of the copyright or to authorize any use or appropriation of such copyright material without the consent of the copyright proprietor.

{Sidenote: Copyright to author or proprietor for terms specified in Act}

{Sidenote: Foreign authors}

SEC. 8. That the author or proprietor of any work made the subject of copyright by this Act, or his executors, administrators, or a.s.signs, shall have copyright for such work under the conditions and for the terms specified in this Act: _Provided, however_, That the copyright secured by this Act shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation, only:

{Sidenote: Alien authors domiciled in U. S.}

(a) When an alien author or proprietor shall be domiciled within the United States at the time of the first publication of his work; or

{Sidenote: Authors, when citizens of countries granting reciprocal rights}

{Sidenote: International agreement}

(b) When the foreign state or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this Act, or by treaty; 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 may, at its pleasure, become a party thereto.

{Sidenote: Presidential proclamation}

The existence of the reciprocal 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.

{Sidenote: Publication with notice initiates copyright}

SEC. 9. That any person ent.i.tled thereto by this Act may secure copyright for his work by publication thereof with the notice of copyright required by this Act; and such notice shall be affixed to each copy thereof published or offered for sale in the United States by authority of the copyright proprietor, except in the case of books seeking ad interim protection under section twenty-one of this Act.

{Sidenote: Registration of copyright}

{Sidenote: Copyright certificate}

SEC. 10. That such person may obtain registration of his claim to copyright by complying with the provisions of this Act, including the deposit of copies, and upon such compliance the register of copyright shall issue to him the certificate provided for in section fifty-five of this Act.

{Sidenote: Copyright protection of unpublished works: lectures, dramas, music, etc.}

{Sidenote: Deposit of copies after publication}

SEC. 11. That copyright may also be had of the works of an author of which copies are not reproduced for sale, by the deposit, with claim of copyright, of one complete copy of such work if it be a lecture or similar production or a dramatic or musical composition; of a photographic print if the work be a photograph; or of a photograph or other identifying reproduction thereof if it be a work of art or a plastic work or drawing. But the privilege of registration of copyright secured hereunder shall not exempt the copyright proprietor from the deposit of copies under sections twelve and thirteen of this Act where the work is later reproduced in copies for sale.

{Sidenote: Two complete copies of best edition}

{Sidenote: Periodical contributions}

{Sidenote: Work not reproduced in copies for sale}

{Sidenote: No action for infringement until deposit of copies}

SEC. 12. That after copyright has been secured by publication of the work with the notice of copyright as provided in section nine of this Act, there shall be promptly deposited in the copyright office or in the mail addressed to the register of copyrights, Washington, District of Columbia, two complete copies of the best edition thereof then published, which copies, if the work be a book or periodical, shall have been produced in accordance with the manufacturing provisions specified in section fifteen of this Act; or if such work be a contribution to a periodical, for which contribution special registration is requested, one copy of the issue or issues containing such contribution; or if the work is not reproduced in copies for sale, there shall be deposited the copy, print, photograph, or other identifying reproduction provided by section eleven of this Act, such copies or copy, print, photograph, or other reproduction to be accompanied in each case by a claim of copyright. No action or proceeding shall be maintained for infringement of copyright in any work until the provisions of this Act with respect to the deposit of copies and registration of such work shall have been complied with.

{Sidenote: Failure to deposit copies}

{Sidenote: Register of copyrights may demand copies}

{Sidenote: Fine $100 and retail price of 2 copies, best edition}

{Sidenote: Forfeiture of copyright}

SEC. 13. That should the copies called for by section twelve of this Act not be promptly deposited as herein provided, the register of copyrights may at any time after the publication of the work, upon actual notice, require the proprietor of the copyright to deposit them, and after the said demand shall have been made, in default of the deposit of copies of the work within three months from any part of the United States, except an outlying territorial possession of the United States, or within six months from any outlying territorial possession of the United States, or from any foreign country, the proprietor of the copyright shall be liable to a fine of one hundred dollars and to pay to the Library of Congress twice the amount of the retail price of the best edition of the work, and the copyright shall become void.

{Sidenote: Postmaster's receipt}

SEC. 14. That the postmaster to whom are delivered the articles deposited as provided in sections eleven and twelve of this Act shall, if requested, give a receipt therefor and shall mail them to their destination without cost to the copyright claimant.

{Sidenote: Printed from type set within U. S.}

{Sidenote: Book in foreign language excepted}

{Sidenote: Lithographic or photo-engraving process}

{Sidenote: Printing and binding of the book}