Copyright: Its History and Its Law Part 50

3. After the publication of any work ent.i.tled to copyright, the claimant of copyright should register this claim in the Copyright Office. An action for infringement of copyright can not be maintained in court until the provisions with respect to the deposit of copies and registration of such work shall have been complied with.

A certificate of registration is issued to the applicant and duplicates thereof may be obtained on payment of the statutory fee of 50 cents.

SUBJECT-MATTER OF COPYRIGHT

{Sidenote: Works subject to copyright}

4. The act provides that no copyright shall subsist in the original text of any work published prior to July 1, 1909, which has not been already copyrighted in the United States (sec. 7).

Section 5 of the act divides the works for which copyright may be secured into eleven cla.s.ses, 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.

Advertis.e.m.e.nts 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 ent.i.tled 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 cla.s.s 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 ch.o.r.egraphic 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 princ.i.p.ally 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, gla.s.sware, 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 ill.u.s.trating 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 ill.u.s.trations}

16. (_k_) _Prints and pictorial ill.u.s.trations._--This term comprises all printed pictures not included in the various other cla.s.ses 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, b.u.t.tons, 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 ill.u.s.trations" 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 ill.u.s.trations."

Trademarks can not be copyrighted nor registered in the Copyright Office.