Professional Documents
Culture Documents
US Copyright Office: 1909act
US Copyright Office: 1909act
ing with the provisions of this Act, shall have the exclu
6 sive right:
- t repnn,
( a ) T 0 print, . t publish ,copy, an d ven d th e rightEJ:clnelY8
to Prlnll
copyrighted work; ~:n~ltIb an
(b) To translate the copyrighted work into other Ian- r1g:"J:t~I~:'::.~
gu ages or dialects , or make any other version thereof , if it late. dramatize,
arrange and
10 be a literary work; to dramatize it if it be a nondramatic adapt. etc.
work; to convert it into a novel or other nondramatic
work if it be a drama; to arrange or adapt it if it be a
musical work; to complete, execute, and finish it if it be
a model or design for a work of art;
15 (c) To deliver or authorize the delivery of the copy- rlgbt E:o; c I n II I v e
to deliver
righted work in public for profit if it be a lecture, sermon, ;:O~~~ic. B e r-
address, or similar production;
( d ) To perform or represent the copyrighted oJ·
work dramatic
To represent
right.
5 In case of the failure of such manufacturer to pay to lI':a1lore to
the copyright proprietor within thirty days after demand par ro"altieL
in writing the full sum of royalties due at said rate at the
date of such demand the court may award taxable costs to
the plaintiff and a reasonable counsel fee, and the court
10 may, in its discretion, enter judgment therein for any
BUm in addition over the amount found to be due as
royalty in accordance with the terms of this A.ct, not
exceeding three times such amount.
The reproduction or rendition of a musical composition Reproduction
• 0 t mlllic . 0 n
15 by or upon coin-onerated
,.- machines shall not be deemed acoin-Olleraled
machInes.
public performance for profit unless a fee is charged for
admission to the place where such reproduction or rendi
tion occurs.
SEC. 2. That nothing in this Act shall be construed to R1l!htatcom
. . . mon . . . aw or In
20 annul or limit the right of the author or proprietor of an equity.
unpublished work, at common law or in equity, to prevent
the copying, publication, or use of such unpublished work
without his consent, and to obtain damages therefor.
SEC. 3. That the copyright provided by this Act shallc~mIltoDeDt
I1Brtm 0 COIl'"
25 protect all the copyrightable component parts of the rlghtable work.
work copyrighted, and all matter therein in which copy
right is already subsisting, but without extending the
duration or scope of such copyright. The copyright upon Com I10llte
. worb ur perl
composite works or periodicals shall give to · the pro- odlcalB.
80 prietor thereof all the rights in respect thereto which
he would have if each part were individually copyrighted
under this Act.
SEC. 4. That the works for ~hich copyright may be tec~eXkB p eo
secured under this Act shall include all the writings of
85 an author.
SEC. 5. That the application for registration shill spec- CIaBBlftu.
. . tion ot cOIl,.
ify to which of the following classes the work ill which right work8.
copyright is claimed belongs:
( a ) Books, including composite and cyclopredic works, polBIOOA,
te,
com
I •
QC 0
40 directories, gazetteers, and other compilations; ~~;ct:~f~:
(b) Periodicals, including newspapers; gazetteer&, etc.
67
SEC, 8, That the author or proprietor of any work made a utbor Copyrlgbt to
or pro-
the subject of copyright by this Act, or his executors, re~::at~~I:~
administrators, or assigns, shall have copyright for such ID Ad
work under the conditions and for the terms specified in
5 this Act: Provided, however, That the copyright secured
by this Act shall extend to the work of an author or pro
• Fore11rD ao·
pnetor
,
who is a citizen or subject of a foreign state or secure tbors wbo may
copy·
nation , only'' rlgbt protee
t foa,
(a) When an alien author or proprietor shall be domi- domiciled AlleDautbors
ID
10 ciled within the United States at the time of the first U. 8.
publication of his work; or
(b) When the foreign state or nation of which such wb~DD t ~~';;'~i
au th or or proprie or IIS a CIitiizen or su biject grants, eit
. tor . her or CODD tries
granting reclp
ti t I .
by t rea t y, conven ion, agreemen ,or aw, to citizens 0 ' , f rocal rlgbts.
.
15 the United States the benefit of copyright on substantially
the same basis as to its own citizens, or copyright pro
tection 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 air~~~~r.clDal
20 agreement which provides for reciprocity in the granting
of copyright, by th~ terms of which agreement the United
States may, at its pleasure, become a party thereto,
The existence of the reciprocal conditions aforesaid pr=:::~~~~l
shall be determined by the President of the United States,
~5 by proclamation made from time to time, as the purposes
of this A~t may require.
SEC, 9. That any ' person entitled thereto by this Act w:;gb~~~~I~
may secure copyright for his work by publication thereof :.f~~~s copy
with the notice of copyright 'required by this Act; and
30 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 seek
ing ad interim protection under section twenty-one of this
Act.
85 SEc. 10. That such person may obtain registra.tion of or~~~~ton
his claim to copyright by complying with the provisions
of this Act, including the deposit of copies, and upon such
compliance the register of copyrights shall issue to him
the certificate provided for in section fifty-five of this Act. ce;t¥ic:t~.lgbt
40 SEC. 11. That copyright may also be had of the works pro~~~J~nl g ~ ~
of an author of which copies are not reproduced for sale , ~ngrukbsl:'8reecct..
by t he depOSI,it WIt aim 0 f copyng
. h clai . ht,0 f one comp 1ete mU81c,
tures etcdramaa
. •
69
pwbortka or 0hrt,
° ograp 8,
of the letter C inclosed within a circle, thus:@,accom
renewal
Is desired.
term f or su ch renewa I and extension
. sha11
have been made to 35
the copyright office and duly registered therein within
one year prior to the expiration of the original term of
Copyrtghtcopyright: And provided further, That in default of
ends In 28
~e:~e£nless the registration of such application for renewal and ex
tension, the copyright in any work shall determine at the 40
expiration of twenty-eight years from first publication.
S85 - 9 14 0 - 6 3 - 6
74
SEC.
.
24. That the copyright subsisting in any work at s uExtension of
b e La t l n g
the time when this Act goes into effect may, at the expira- copyrlgbts.
tion of the term provided for under existing law, be
renewed and extended by the author of such work if still
5 living, or the widow, widower, or children of the author,
if the author be not living, or if such author, widow,
widower, or children be not living, then by the author's
executors, or in the absence of II will, his next of kin,
for a further period such that the entire term shall be
10 equal to that secured by this Act, including the renewal
period: Provided, however, That if the work be a com- Proprietor en
. wor k upon whiICh copyrig
posite . h '
twas originally titled to r e
secured newal for com
poslte work.
by the proprietor thereof, then such proprietor shall be
entitled to the privilege of renewal and extension granted'
15 under this section: Provided, That application for such Renewal ap
• plication.
renewal and extension shall be made to the .copyright
office and duly registered therein within one year prior to
the expiration of the existing term.
SEC. 25. That if any person shall infringe the copyright ol~~tnt
20 in any work protected under the copyright laws of the
United States such person shall be liable:
(a) To an injunction restraining such infringement; Injunction.
(b) To pay to the copyright proprietor such damages Damages.
as the copyright proprietor may have suffered due to the
25 infringement, as well as all the profits which the infringer
shall have made from such infringement, and in proving
profits the plaintiff shall be required to prove sales only Pro Yin.
• sales.
and the defendant shall be required to prove every ele
ment of cost which he claims, or in lieu of actual damages
80 and profits such damages as to the court shall appear to
be just, and in assessing such damages the court may, in
its discretion, allow the amounts as hereinafter stated,
but in. the case of a newspaper reproduction of a copy- repr Neodwspaper
uctton 0 t
righted photograph
o' .
such damages shall not exceed theprecovery. '00
b otogrS.l'I:!;
35 sum of two hundred dollars nor be less than the -sum of '200.
fifty dollars, and such damages shall in ·no other case co~~m,~~~
exceed the sum of five thousand dollars nor be less than Hlnl mnm re-
the sum of two hundred. and fifty dollars, and shall not be covary. '2l1O.
regarded lUI a penalty: Palntl0l.
*0 First. In the case of a painting, statue, or sculp- ~~~~e,e, .~~
ture, ten dollars for every infringing copy made or ~70p~'
75
Iaaulug, sell-more than one thousand dollars. Any person who shall
Ing, or Import-
Lbnl'
ear: IIIngr tf ln CllS ee knowingly
e
issue or sell any article bearing a notice of
$y~~.e; fine United States copyright wh ich ha s not been copyrighted 5
in this country, or who shall knowingly import any article
bearing such notice or words of the same purport, which
has not 'been copyrighted in this country, sh all be liable
to a fine of one hundred dollars,
Importation SEC. 30. That the importation into the United States 10
p r o hlblted of .
arttctes bear-of any article bearinz a false notice of copyrIght when
Inp: fal senotice b _
copies. 10>
States, or of any piratical copies of any work copyrighted
in the United States, is prohibited.
Probibitlon SEC. 31. That during th e existence of the American 15
ot Importation . •
ot books. copyright in any book the importation into the United
States of any piratical copies thereof or of any copies
thereof (although authorized by the author or proprie
tor) which have not been produced in accordance with
the manufacturing provisions specified in section fifteen 20
of this Act, or any plates of the same not made from type
set within the limits of the United States, or any copies
thereof produced by lithographic or photo-engraving
process not performed within the limits of the United
States, in accor-dance with the provisions of section fif- 25
Es:ceptlons to teen of this Act, shall be, and is hereby, prohibited : Pro
problbltlon ot
Importation : vided, however, That, except as regards piratical copies,
such prohibition shall not apply:
tb:Vb~{n~~ tor (a) To works in raised characters for the use of the
blind; 30
ne~9~:~~ g o~ (b) To a foreign newspaper or magazine, although
magazines. containing matter copyrighted in the United States
printed or reprinted by authority of the copyright pro
prietor, unless such newspaper or magazine contains also
copyright matter printed or reprinted without such au- 3rl
thorization ;
Books In ror (c) To the authorized edition of a book in a foreign
elgtl Ianguages
ot WbllCblonlY language or languages of which only a translation into
t raos at 008
:d~ copyrlgbt- English has been copyrighted in this country;
of 1:Jr:.~it~~~ (d) To any book published abroad wit~ the uuthoriza- 40
~~'FttJ.OOkS tion of the author or copyright proprietor when imported
78
tained under the provisions of this Act unless the same is BthjRlldbe
a ne
mrntln
a er
commenced within three years after the cause of action tnree yenrs,
15 arose,
SEC. 40. That in all actions, suits, or proceedings under s:::N 't;8i.J~
this Act, except when brought by or against the United lowed.
States or any officer thereof, full costs shall be allowed,
and the court mny a ward to the prevailing party a reason
20 able attorney's fee as part of the costs. '
SEC. 41. That the copyright is distinct from the prop- dl;Srfcf r Uoh~
erty in the rnaterinl object copyrighted, and the sale or ~~re~I~)~&je~r.
conveyance, by gift or otherwise, of the material object
shall not of itself constitute a transfer of the copyright,
25 nor shall the assignment of the copyright constitute a
transfer of the title to the material object; but nothing .
in nny TranBfer orr
cop y U
this Act shall be deemed to forbid, prevent, or restrict ;~fi rl!e~~it
the transfer of any copy of a copyrighted. work the t ed.
possession of which has been lawfully obtained.
30 SEC. 42. That copyright secured under this or previous may C'o p y r t g h t
be asslgn-
Acts of the United States may be assizned 1:>,
granted or eo, mortgnged:
' o r beaueatbeo
mortgaged by an instrument in writing signed by the by wll .
proprietor of the copyright, or may be bequeathed by will.
SEC. 43. That every assignment of copyright executed e xAeB~lrt':de ~~
35 in a foreign country shall be acknowledged by the as- ~~el~ g~ull~ :
signor before a consular officer or secretary of legation of knowledged,
the United States authorized by law to administer' oaths
or perform notarial acts, The certificate of such ac
knowledgement under the hand and official seal of such
40 consular officer or secretary of legation shall be prima
facie evidence of the execution of the instrument.
81
Assignments
to be recorded .
SEC. 44. That every assignment of copyright shall be
recorded in the copyright office within three calendar
months after its execution in the United States or within
six calendar months after its execution without the limits
of the United States, in default of which it shall be void 5
as against any subsequent purchaser or mortgagee for a
valuable consideration, without notice, whose assignment
has been duly recorded.
Register of.
copyrlgbts to
SEC. 45. That the register of copyrights shall, upon
record asstgn- payment of the prescribed fee, record such assignment, 10
ments.
and shall return it to the sender with a certificate of
record attached under seal of the copyright office, and
upon the payment of the fee prescribed by this Act lie
shall furnish to any person requesting the same a certified
copy thereof under the said seal. 15
ASSlgneebe's
name may
SEC. 46. That when an assignment of the copyright in
substituted In a specified book or other work has been recorded the as
c o p y r Lg b f ..
noUce. signee may substitute his name for that of the assignor in
the statutory notice of copyright prescribed by this Act.
Copyrlgbt
records.
SEC. 47. That all records and other things relating to 20
copyrights required by law to be preserved shall be kept
and preserved in the copyright office, Library of Con
gress, District of Columbia, and shall be under the control
of the register of copyrights, who shall, under the direc
tion and supervision of the Librarian of Congress, per- 25
iorm all the duties relating to the registration of CDPy
rights.
Reglater 0d!
copyrlgbts on
SEC. 48. That there shall be appointed by the Librarian
assistant regIs- of Conzress a rezister of copyrights at a salary of four
ter o! c o p y - ~- ~ - . '
rlgbts. thousand dollars per annum, and one assistant register of 30
copyrights, at a salary of three thousand dollars per
annum, who shall have authority during the absence of
the register of copyrights to attach the copyright office
seal to all papers issued from the said office and to sign
such certificates and other papers as may be necessary. 35
There shall also be appointed by the Librarian such sub
ordinate assistants to the register as may from time to
time be authorized by law.
Regllsbtetr Ott
cOpyr g s 0
SEC. 49. That the register of copyrights shall make
~~~~Itr:.?~~;: daily deposits in some bank in the District of Columbia, 40
designated for this purpose by the Secretary of the Treas
82
15 at the time.
SEC. 58. That the record books of the copyright office, et~~CO~e~\':i
together with the indexes to such record books, and all Inspection.
works deposited and retained in the copyright office, shall
be open to public inspection j and copies may be taken of beC?s.~I:~ on; :.!.
20 the copyright entries actually made in such record books, ~~a.ln record
subject to such safeguards and regulations as shall be
prescribed by the register of copyrights and approved by
the Librarian of Congress.
SEc• 59• That of the articles deposited
.
in the copyright COPfrlgbt
Dlspoeltlon of
de
25 office under the provisions of the copyright laws of the poa tao
United States or of this Act, the Librarian of Congress
shall determine what books and other articles shall be
transferred to the permanent collections of the Library
of Congress, including the law library, and what other
30 books or articles shall be placed in the reserve collections
of the Librarv of Congress for sale or exchange, or be Preservation
" of copyrlgbt de
transferred to other governmental libraries in the Dis- poalts.
trict of Columbia for use therein.
SEC. 60. That of any articles undisposed of as above co~l~fgo:: Id~~
35 provided, together with all titles and correspondence re- posits.
lating thereto, the Librarian of Congress and the register
of copyrights jointly shall, at suitable intervals, determine
what of these received during any period of years it is
desirable or useful to preserve in the permanent files of
40 the copyright office, and, after due notice as here inafter
provided, may within their discretion cause the rema in
85
four of this Act, fifty cents. For recording the transfer co rdFejenf tOtrransre
of the proprietorship of copyrighted articles, ten cents ~~~rahllroprl .
for each title of a book or other article, in addition to the
fee prescribed for recording the instrument of assign
5 ment. For any requested search of copyright office rec- Fee tor search.
ord s, indexes, or deposits, fifty cents for each full hour
of time consumed in making such search: Provided, That Iatrat On)~ one reg
ion re
only one rezi.
t:>-
- tration at one fee shall be required in
•
the q u lrcd for work
In sever al vol
case of several volumes of the same book deposited at the umes.
10 same time.
SEC. 62. That in the interpretation and construction of.. O~~n~~ 0 pnu~
this Act" the date of publication" shall in the case of a Hcatton."
work of which copies are reproduced for sale or distribu
tion be held to be the earliest date when copies of the iirst
15 authorized edition were placed on sale, .sold, or. publicly
distributed by the proprietor of the copyright or under
his authority, and the word" author" shall include an "Author."
employer in the case of works made for hire.
SEC. 63. That all laws or parts of laws . in conflict with cause.
I Repeall n g