Copyright: Its History and Its Law Part 51

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(1) Unpublished works.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UNPUBLISHED WORKS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In order to secure copyright in such unpublished works, the following steps are necessary:

{Sidenote: Registration of unpublished works}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 ma.n.u.script copy of the work.

This copy should be in convenient form, clean and legible, the leaves securely fastened together, and should bear the t.i.tle 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{Sidenote: Unpublished photograph}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{Sidenote: Reproduction of unpublished work}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 Any work which has been registered as an unpublished work, if reproduced in copies for sale or distribution, must be deposited a second time (two copies, accompanied by an application for registration and the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 ill.u.s.trations, 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 , 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 _ill.u.s.trations_ 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 ill.u.s.trations in a book or such separate lithographs or photo-engravings "are located in a foreign country and ill.u.s.trate 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.