Copyright: Its History and Its Law Part 45

{Sidenote: Ill.u.s.trations in a book}

{Sidenote: Separate lithographs and photo-engravings}

{Sidenote: Books for blind excepted}

{Sidenote: Books in foreign languages excepted}

SEC. 15. That of the printed book or periodical specified in section five, subsections (a) and (b) of this Act, except the original text of a book of foreign origin in a language or languages other than English, the text of all copies accorded protection under this Act, except as below provided, shall 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 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 said book shall be performed within the limits of the United States; which requirements shall extend also to the ill.u.s.trations within a book consisting of printed text and ill.u.s.trations produced by lithographic process, or photo-engraving process, and also to separate lithographs or photo-engravings, except where in either case the subjects represented are located in a foreign country and ill.u.s.trate a scientific work or reproduce a work of art; but they shall not apply to works in raised characters for the use of the blind, or to books of foreign origin in a language or languages other than English, or to books published abroad in the English language seeking ad interim protection under this Act.

{Sidenote: Affidavit of American manufacture}

{Sidenote: Printing and binding of the book}

{Sidenote: Establishment where printing was done}

{Sidenote: Date of publication}

SEC. 16. That in the case of the book the copies so deposited shall be accompanied by an affidavit, under the official seal of any officer authorized to administer oaths within the United States, duly made by the person claiming copyright or by his duly authorized agent or representative residing in the United States, or by the printer who has printed the book, setting forth that the copies deposited have been printed from type set within the limits of the United States or from plates made within the limits of the United States from type set therein; or, if the text be produced by lithographic process, or photo-engraving process, that such process was wholly performed within the limits of the United States, and that the printing of the text and binding of the said book have also been performed within the limits of the United States. Such affidavit shall state also the place where and the establishment or establishments in which such type was set or plates were made or lithographic process, or photo-engraving process or printing and binding were performed and the date of the completion of the printing of the book or the date of publication.

{Sidenote: False affidavit, a misdemeanor; fine, $1,000 and forfeiture of copyright}

SEC. 17. That any person who, for the purpose of obtaining registration of a claim to copyright, shall knowingly make a false affidavit as to his having complied with the above conditions shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, and all of his rights and privileges under said copyright shall thereafter be forfeited.

{Sidenote: Notice of copyright}

{Sidenote: Notice on maps, copies of works of art, photographs, and prints}

{Sidenote: Notice on accessible portion}

{Sidenote: Notice on existing copyright works [See note below]}

SEC. 18. That the notice of copyright[2] required by section nine of this Act shall consist either of the word "Copyright" or the abbreviation "Copr." accompanied by the name of the copyright proprietor, and if the work be a printed literary, musical, or dramatic work, the notice shall include also the year in which the copyright was secured by publication. In the case, however, of copies of works specified in subsections (f) to (k), inclusive, of section five of this Act, the notice may consist of the letter C inclosed within a circle, thus: , accompanied by the initials, monogram, mark, or symbol of the copyright proprietor: _Provided_, That on some accessible portion of such copies or of the margin, back, permanent base, or pedestal, or of the substance on which such copies shall be mounted, his name shall appear. But in the case of works in which copyright is subsisting when this Act shall go into effect, the notice of copyright may be either in one of the forms prescribed herein or in one of those prescribed by the Act of June eighteenth, eighteen hundred and seventy-four.

Footnote 2: The Act of June 18, 1874, provides that the notice of copyright to be inscribed on each copy of a copyrighted work shall consist of the following words:

"Entered according to act of Congress, in the year ----, by A. B., in the office of the Librarian of Congress, at Was.h.i.+ngton"; or, ... the word "Copyright," together with the year the copyright was entered, and the name of the party by whom it was taken out, thus: "Copyright, 18-- by A. B."

{Sidenote: Notice of copyright on book}

{Sidenote: On periodical}

{Sidenote: One notice in each volume or periodical}

SEC. 19. That the notice of copyright shall be applied, in the case of a book or other printed publication, upon its t.i.tle-page or the page immediately following, or if a periodical either upon the t.i.tle-page or upon the first page of text of each separate number or under the t.i.tle heading, or if a musical work either upon its t.i.tle-page or the first page of music: _Provided_, That one notice of copyright in each volume or in each number of a newspaper or periodical published shall suffice.

{Sidenote: Omission of notice by accident or mistake}

{Sidenote: Innocent infringement}

SEC. 20. That where the copyright proprietor has sought to comply with the provisions of this Act with respect to notice, the omission by accident or mistake of the prescribed notice from a particular copy or copies shall not invalidate the copyright or prevent recovery for infringement against any person who, after actual notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an innocent infringer, who has been misled by the omission of the notice; and in a suit for infringement no permanent injunction shall be had unless the copyright proprietor shall reimburse to the innocent infringer his reasonable outlay, innocently incurred, if the court, in its discretion, shall so direct.

{Sidenote: Book published abroad in the English language}

{Sidenote: Ad interim copyright for 30 days}

SEC. 21. That in the case of a book published abroad in the English language before publication in this country, the deposit in the copyright office, not later than thirty days after its publication abroad, of one complete copy of the foreign edition, with a request for the reservation of the copyright and a statement of the name and nationality of the author and of the copyright proprietor and of the date of publication of the said book, shall secure to the author or proprietor an ad interim copyright, which shall have all the force and effect given to copyright by this Act, and shall endure until the expiration of thirty days after such deposit in the copyright office.

{Sidenote: Extension to full term}

{Sidenote: Deposit of copies, filing of affidavit}

SEC. 22. That whenever within the period of such ad interim protection an authorized edition of such book shall be published within the United States, in accordance with the manufacturing provisions specified in section fifteen of this Act, and whenever the provisions of this Act as to deposit of copies, registration, filing of affidavit, and the printing of the copyright notice shall have been duly complied with, the copyright shall be extended to endure in such book for the full term elsewhere provided in this Act.

{Sidenote: Duration of copyright: 1st term, 28 years}

{Sidenote: Posthumous works, periodicals, cyclopaedic or composite works}

{Sidenote: Renewal term 28 years}

{Sidenote: Other copyrighted works, first term 28 years}

{Sidenote: Renewal term 28 years; to author, widow, children, heirs or next of kin}

{Sidenote: Notice that renewal term is desired}

{Sidenote: Copyright ends in 28 years unless renewed}

SEC. 23. That the copyright secured by this Act shall endure for twenty-eight years from the date of first publication, whether the copyrighted work bears the author's true name or is published anonymously or under an a.s.sumed name: _Provided_, That in the case of any posthumous work or of any periodical, cyclopaedic, or other composite work upon which the copyright was originally secured by the proprietor thereof, or of any work copyrighted by a corporate body (otherwise than as a.s.signee or licensee of the individual author) or by an employer for whom such work is made for hire, the proprietor of such copyright shall be ent.i.tled to a renewal and extension of the copyright in such work for the further term of twenty-eight years when application for such renewal and extension shall have been made to the copyright office and duly registered therein within one year prior to the expiration of the original term of copyright: _And provided further_, That in the case of any other copyrighted work, including a contribution by an individual author to a periodical or to a cyclopaedic or other composite work when such contribution has been separately registered, the author of such work, if still 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 the author's executors, or in the absence of a will, his next of kin shall be ent.i.tled to a renewal and extension of the copyright in such work for a further term of twenty-eight years when application for such renewal and extension shall have been made to the copyright office and duly registered therein within one year prior to the expiration of the original term of copyright: _And provided further_, That in default of the registration of such application for renewal and extension, the copyright in any work shall determine at the expiration of twenty-eight years from first publication.

{Sidenote: Extension of subsisting copyrights}

{Sidenote: Proprietor ent.i.tled to renewal for composite work}

{Sidenote: Renewal application}

SEC. 24. That the copyright subsisting in any work at the time when this Act goes into effect may, at the expiration of the term provided for under existing law, be renewed and extended by the author of such work if still 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 a will, his next of kin, for a further period such that the entire term shall be equal to that secured by this Act, including the renewal period: _Provided, however_, That if the work be a composite work upon which copyright was originally secured by the proprietor thereof, then such proprietor shall be ent.i.tled to the privilege of renewal and extension granted under this section: _Provided_, That application for such 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.

{Sidenote: Infringement of copyright}

SEC. 25. That if any person shall infringe the copyright in any work protected under the copyright laws of the United States such person shall be liable:

{Sidenote: Injunction}

(a) To an injunction restraining such infringement;

{Sidenote: Damages}

{Sidenote: Proving sales}