A Treatise Upon the Law of Copyright in the United Kingdom and the Dominions of the Crown, and in the United States of America Containing a Full Appendix of All Acts of Parliament International Conventions, Orders in Council, Treasury Minute and Acts of Congress Now in Force.

PART II.

Chapter 5514,455 wordsPublic domain

+--------------------------------+---------------- Session and Chapter.| Title. | Enactment | | referred to. --------------------+--------------------------------+---------------- | | 25 & 26 Vict. c. 68.|An Act for amending the law |Section twelve. | relating to copyright in works| | of the fine arts, and for | | repressing the commission of | | fraud in the production and | | sale of such works. | --------------------+--------------------------------+----------------

SECOND SCHEDULE.--COPYRIGHT ACTS.

--------------------+--------------------------------+---------------- Session and Chapter.| Title. | Short Title. --------------------+--------------------------------+---------------- | | 8 Geo. 2, c. 13. |An Act for the encouragement of |The Engraving | the arts of designing, | Copyright Act, | engraving, and etching, | 1734. | historical, and other prints by| | vesting the properties thereof | | in the inventors and engravers | | during the time therein | | mentioned. | | | 7 Geo. 3, c. 38. |An Act to amend and render more |The Engraving | effectual an Act made in the | Copyright Act, | eighth year of the reign of | 1766. | King George the Second, for | | encouragement of the arts of | | designing, engraving, and | | etching, historical and other | | prints, and for vesting in and | | securing to Jane Hogarth, | | widow, the property in certain | | prints. | | | 15 Geo. 3, c. 53. |An Act for enabling the two |The Copyright | Universities in England, the | Act, 1775. | four Universities in Scotland, | | and the several Colleges of | | Eton, Westminster, and | | Winchester, to hold in | | perpetuity their copyright in | | books given or bequeathed to | | the said universities and | | colleges for the advancement of| | useful learning and other | | purposes of education; and for | | amending so much of an Act of | | the eighth year of the reign of| | Queen Anne, as relates to the | | delivery of books to the | | warehouse keeper of the | | Stationers' Company for the use| | of the several libraries | | therein mentioned. | --------------------+--------------------------------+----------------

SECOND SCHEDULE.--COPYRIGHT ACTS.--(_Continued_).

--------------------+--------------------------------+---------------- Session and Chapter.| Title. | Short Title. --------------------+--------------------------------+---------------- | | 17 Geo. 3, c. 57. |An Act for more effectually |The Prints | securing the property of | Copyright Act, | prints to inventors and | 1777. | engravers by enabling them to | | sue for and recover penalties | | in certain cases. | | | 54 Geo. 3, c. 56. |An Act to amend and render more |The Sculpture | effectual an Act of His present| Copyright Act, | Majesty for encouraging the art| 1814. | of making new models and casts | | of busts and other things | | therein mentioned, and for | | giving further encouragement to| | such arts. | | | 3 Will. 4, c. 15. |An Act to amend the laws |The Dramatic | relating to Dramatic Literary | Copyright Act, | Property. | 1833. | | 5 & 6 Will. 4, |An Act for preventing the |The Lectures c. 65. | publication of Lectures without| Copyright Act, | consent. | 1835. | | 6 & 7 Will. 4, |An Act to extend the protection |The Prints and c. 69. | of copyright in prints and | Engravings | engravings to Ireland. | Copyright Act, | | 1836. | | 6 & 7 Will. 4, |An Act to repeal so much of an |The Copyright c. 110. | Act of the fifty-fourth year of| Act, 1836. | King George the Third, | | respecting copyrights, as | | requires the delivery of a copy| | of every published book to the | | libraries of Sion College, the | | four Universities of Scotland, | | and of the King's Inns in | | Dublin. | | | 5 & 6 Vict. c. 45. |An Act to amend the law of |The Copyright | copyright. | Act, 1842. | | 10 & 11 Vict. c. 95.|An Act to amend the law relating|The Colonial | to the protection in the | Copyright Act, | Colonies of works entitled to | 1847. | copyright in the United | | Kingdom. | | | 25 & 26 Vict. c. 68.|An Act for amending the law |The Fine Arts | relating to copyright in works| Copyright Act, | of the fine arts, and for | 1862. | repressing the commission of | | fraud in the production and | | sale of such works. | --------------------+--------------------------------+----------------

THIRD SCHEDULE.--ACTS REPEALED.

THE COPYRIGHT (MUSICAL COMPOSITIONS) ACT, 1888.

51 & 52 VICT. C. 17.

An Act to amend the Law relating to the Recovery of Penalties for the unauthorised Performance of Copyright Musical Compositions.

[5th July 1888.]

Whereas it is expedient to further amend the law relating to copyright in musical compositions, and to further protect the public from vexatious proceedings for the recovery of penalties for the unauthorised performance of the same:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

[Sidenote: Provision as to damages.]

I. Notwithstanding the provisions of the Act of the session held in the third and fourth years of His Majesty King William the Fourth, chapter fifteen, to amend the laws relating to dramatic literary property, or any other Act in which those provisions are incorporated, the penalty or damages to be awarded upon any action or proceedings in respect of each and every unauthorised representation or performance of any musical composition, whether published before or after the passing of this Act, shall be such a sum or sums as shall, in the discretion of the Court or judge before whom such action or proceedings shall be tried, be reasonable, and the Court or judge before whom such action or proceedings shall be tried may award a less sum than forty shillings in respect of each and every such unauthorised representation or performance as aforesaid, or a nominal penalty or nominal damages as the justice of the case may require.

[Sidenote: Costs to be in discretion of judge. 45 & 46 Vict. c. 40.]

II. The costs of all such actions or proceedings as aforesaid shall be in the absolute discretion of the judge before whom such actions and proceedings shall be tried, and section four of the Copyright (Musical Compositions) Act, 1882, is hereby repealed.

[Sidenote: Proprietor not wilfully permitting such performance to be exempt.]

III. The proprietor, tenant, or occupier of any place of dramatic entertainment, or other place at which any unauthorised representation or performance of any musical composition, whether published before or after the passing of this Act, shall take place, shall not by reason of such representation or performance be liable to any penalty or damages in respect thereof, unless he shall wilfully cause or permit such unauthorised representation or performance, knowing it to be unauthorised.[1776]

[Sidenote: Saving for operas and plays].

IV. The provisions of this Act shall not apply to any action or proceedings in respect of a representation or performance of any opera or stage play in any theatre or other place of public entertainment duly licensed in that respect.

[Sidenote: Short title.]

V. This Act may be cited as the Copyright (Musical Compositions) Act, 1888.

THE REVENUE ACT, 1889.

52 & 53 VICT. C. 42.

I. The following goods shall from and after the passing of this Act be included amongst the goods enumerated and described on the table of prohibitions and restrictions contained in Section 42 of the Customs Consolidation Act, 1876, namely:

Books, first published in any country or state other than the United Kingdom, wherein under the International Copyright Act, 1886, or any other Act or any Order in Council made under the authority of any Act, there is a subsisting Copyright in the United Kingdom, printed or reprinted in any country or state other than the country or state in which they were first published,[1777] and as to which the owner of the copyright or his agent in the United Kingdom has given to the Commissioners of Customs in the manner prescribed by Section 44 of the Customs Consolidation Act, 1876, a notice in such form and giving such particulars as those Commissioners require, and accompanied by a declaration as provided in that Section.

INTERNATIONAL CONVENTIONS

THE BERNE CONVENTION, 1886.

ARTICLE I.

The Contracting States are constituted into an Union for the protection of the rights of authors over their literary and artistic works.

ARTICLE II.

_Authors of any of the countries of the Union, or their lawful representatives, shall enjoy in the other countries for their works, whether published in one of those countries or unpublished, the rights which the respective laws do now or may hereafter grant to natives._[1778]

The enjoyment of these rights is subject to the accomplishment of the conditions and formalities described by law in the country of origin of the work, and cannot exceed in the other countries the term of protection granted in the said country of origin.

The country of origin of the work is that in which the work is first published, or if such publication takes place simultaneously in several countries of the Union, that one of them in which the shortest term of protection is granted by law.

For unpublished works the country to which the author belongs is considered the country of origin of the work.

ARTICLE III.

_The stipulations of the present Convention apply equally to the publishers of literary and artistic works published in one of the countries of the Union, but of which the authors belong to a country which is not a party to the Union._

ARTICLE IV.

The expression "literary and artistic works" comprehends books, pamphlets, and all other writings; dramatic or dramatico-musical works, musical compositions with or without words; works of design, painting, sculpture, and engraving; lithographs, illustrations, geographical charts; plans, sketches, and plastic works relative to geography, topography, architecture, or science in general; in fact, every production whatsoever in the literary, scientific, or artistic domain which can be published by any mode of impression or reproduction.

ARTICLE V.

_Authors of any of the countries of the Union, or their lawful representatives, shall enjoy in the other countries the exclusive right of making or authorising the translation of their works until the expiration of ten years from the publication of the original work in one of the countries of the Union._

For works published in incomplete parts ("livraisons") the period of ten years commences from the date of publication of the last part of the original work.

For works composed of several volumes published at intervals, as well as for bulletins or collections ("cahiers") published by literary or scientific Societies, or by private persons, each volume, bulletin, or collection is, with regard to the period of ten years, considered as a separate work.

In the cases provided for by the present Article, and for the calculation of the period of protection, the 31st December of the year in which the work was published is admitted as the date of publication.

ARTICLE VI.

Authorised translations are protected as original works. They consequently enjoy the protection stipulated in Articles II. and III. as regards their unauthorised reproduction in the countries of the Union.

It is understood that, in the case of a work for which the translating right has fallen into the public domain, the translator cannot oppose the translation of the same work by other writers.

ARTICLE VII.

_Articles from newspapers or periodicals published in any of the countries of the Union may be reproduced in original or in translation in the other countries of the Union, unless the authors or publishers have expressly forbidden it. For periodicals it is sufficient if the prohibition is made in a general manner at the beginning of each number of the periodical._

_This prohibition cannot in any case apply to articles of political discussion, or to the reproduction of news of the day or current topics._

ARTICLE VIII.

As regards the liberty of extracting portions from literary or artistic works for use in publications destined for educational or scientific purposes, or for chrestomathies, the matter is to be decided by the legislation of the different countries of the Union, or by special arrangements existing or to be concluded between them.

ARTICLE IX.[1779]

The stipulations of Article II. apply to the public representation of dramatic or dramatico-musical works, whether such works be published or not.

Authors of dramatic or dramatico-musical works, or their lawful representatives, are, during the existence of their exclusive right of translation, equally protected against the unauthorised public representation of translations of their works.

The stipulations of Article II. apply equally to the public performance of unpublished musical works, or of published works in which the author has expressly declared on the title-page or commencement of the work that he forbids the public performance.

ARTICLE X.

Unauthorised indirect appropriations of a literary or artistic work, of various kinds, such as adaptations, arrangements of music, &c., are specially included amongst the illicit reproductions to which the present Convention applies, when they are only the reproduction of a particular work, in the same form, or in another form, with non-essential alterations, additions, or abridgments, so made as not to confer the character of a new original work.

It is agreed that, in the application of the present Article, the Tribunals of the various countries of the Union will, if there is occasion, conform themselves to the provisions of their respective laws.

ARTICLE XI.

In order that the authors of works protected by the present Convention shall, in the absence of proof to the contrary, be considered as such, and be consequently admitted to institute proceedings against pirates before the Courts of the various countries of the Union, it will be sufficient that their name be indicated on the work in the accustomed manner.

For anonymous or pseudonymous works, the publisher whose name is indicated on the work is entitled to protect the rights belonging to the author. He is, without other proof, reputed the lawful representative of the anonymous or pseudonymous author.

It is, nevertheless, agreed that the Tribunals may, if necessary, require the production of a certificate from the competent authority to the effect that the formalities prescribed by law in the country of origin have been accomplished, as contemplated in Article II.

ARTICLE XII.

_Pirated works may be seized on importation into those countries of the Union where the original work enjoys legal protection._

_The seizure shall take place conformably to the domestic law of each State._

ARTICLE XIII.

It is understood that the provisions of the present Convention cannot in any way derogate from the right belonging to the Government of each country of the Union to permit, to control, or to prohibit, by measures of domestic legislation or police, the circulation, representation, or exhibition of any works or productions in regard to which the competent authority may find it necessary to exercise that right.

ARTICLE XIV.

Under the reserves and conditions to be determined by common agreement,[1780] the present Convention applies to all works which at the moment of its coming into force have not yet fallen into the public domain in the country of origin.

ARTICLE XV.

It is understood that the Governments of the countries of the Union reserve to themselves respectively the right to enter into separate and particular arrangements between each other, provided always that such arrangements confer upon authors or their lawful representatives more extended rights than those granted by the Union, or embody other stipulations not contrary to the present Convention.

ARTICLE XVI.[1781]

An international office is established, under the name of "Office of the International Union for the Protection of Literary and Artistic Works."

This Office, of which the expenses will be borne by the Administrations of all the countries of the Union, is placed under the high authority of the Superior Administration of the Swiss Confederation, and works under its direction. The functions of this Office are determined by common accord between the countries of the Union.

ARTICLE XVII.

The present Convention may be submitted to revisions in order to introduce therein amendments calculated to perfect the system of the Union.

Questions of this kind, as well as those which are of interest to the Union in other respects, will be considered in Conferences to be held successively in the countries of the Union by Delegates of the said countries.

It is understood that no alteration in the present Convention shall be binding on the Union except by the unanimous consent of the countries composing it.

ARTICLE XVIII.

Countries which have not become parties to the present Convention, and which grant by their domestic law the protection of rights secured by this Convention, shall be admitted to accede thereto on request to that effect.

Such accession shall be notified in writing to the Government of the Swiss Confederation, who will communicate it to all the other countries of the Union.

Such accession shall imply full adhesion to all the clauses and admission to all the advantages provided by the present Convention.

ARTICLE XIX.

Countries acceding to the present Convention shall also have the right to accede thereto at any time for their Colonies or foreign possessions.

They may do this either by a general declaration comprehending all their Colonies or possessions within the accession, or by specially naming those comprised therein, or by simply indicating those which are excluded.

ARTICLE XX.

The present Convention shall be put in force three months after the exchange of the ratifications, and shall remain in effect for an indefinite period until the termination of a year from the day on which it may have been denounced.

_Such denunciation shall be made to the Government authorised to receive accessions, and shall only be effective as regards the country making it, the Convention remaining in full force and effect for the other countries of the Union._

ARTICLE XXI.

The present Convention shall be ratified, and the ratifications exchanged at Berne, within the space of one year at the latest.

In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Berne, the 9th day of September 1886.

_Additional Article._

The Plenipotentiaries assembled to sign the Convention concerning the creation of an International Union for the protection of literary and artistic works have agreed upon the following Additional Article, which shall be ratified together with the Convention to which it relates:

The Convention concluded this day in nowise affects the maintenance of existing Conventions between the Contracting States, provided always that such Conventions confer on authors, or their lawful representatives, rights more extended than those secured by the Union, or contain other stipulations which are not contrary to the said Convention.

In witness whereof, the respective Plenipotentiaries have signed the present Additional Article.

Done at Berne, the 9th day of September 1886.

_Final Protocol._

In proceeding to the signature of the Convention concluded this day, the undersigned Plenipotentiaries have declared and stipulated as follows:

1. _As regards Article IV. it is agreed that those countries of the Union where the character of artistic works is not refused to photographs, engage to admit them to the benefits of the Convention concluded to-day, from the date of its coming into effect. They are, however, not bound to protect the authors of such works further than is permitted by their own legislation, except in the case of international engagements already existing, or which may hereafter be entered into by them._

_It is understood that an authorised photograph of a protected work of art shall enjoy legal protection in all the countries of the Union, as contemplated by the said Convention, for the same period as the principal right of reproduction of the work itself subsists, and within the limits of private arrangements between those who have legal rights._

2. As regards Article IX. it is agreed that those countries of the Union whose legislation implicitly includes choregraphic works amongst dramatico-musical works, expressly admit the former works to the benefits of the Convention concluded this day.

It is, however, understood that questions which may arise on the application of this clause shall rest within the competence of the respective Tribunals to decide.

3. It is understood that the manufacture and sale of instruments for the mechanical reproduction of musical airs which are copyright, shall not be considered as constituting an infringement of musical copyright.

4. _The common agreement alluded to in Article XIV. of the Convention is established as follows:_--

_The application of the Convention to works which have not fallen into the public domain at the time when it comes into force, shall operate according to the stipulations on this head which may be contained in special Conventions either existing or to be concluded._

_In the absence of such stipulations between any countries of the Union, the respective countries shall regulate, each for itself, by its domestic legislation, the manner in which the principle contained in Article XIV. is to be applied._

5. The organisation of the International Office established in virtue of Article XVI. of the Convention shall be fixed by a Regulation which shall be drawn up by the Government of the Swiss Confederation.

The official language of the International Office will be French.

The International Office will collect all kinds of information relative to the protection of the rights of authors over their literary and artistic works. It will arrange and publish such information. It will study questions of general utility likely to be of interest to the Union, and, by the aid of documents placed at its disposal by the different Administrations, will edit a periodical publication in the French language treating questions which concern the Union. The Governments of the countries of the Union reserve to themselves the faculty of authorising, by common accord, the publication by the Office of an edition in one or more other languages if experience should show this to be requisite.

The International Office will always hold itself at the disposal of members of the Union, with the view to furnish them with any special information they may require relative to the protection of literary and artistic works.

The Administration of the country where a Conference is about to be held, will prepare the programme of the Conference with the assistance of the International Office.

The Director of the International Office will attend the sittings of the Conferences, and will take part in the discussions without a deliberative voice. He will make an annual Report on his administration, which shall be communicated to all the members of the Union.

The expenses of the Office of the International Union shall be shared by the Contracting States. Unless a fresh arrangement be made, they cannot exceed a sum of 60,000 fr. a year. This sum may be increased by the decision of one of the Conferences provided for in Article XVII.

The share of the total expense to be paid by each country shall be determined by the division of the Contracting and acceding States into six classes, each of which shall contribute in the proportion of a certain number of units, viz.:

First Class 25 units. Second " 20 " Third " 15 " Fourth " 10 " Fifth " 5 " Sixth " 3 "

These co-efficients will be multiplied by the number of States of each class, and the total product thus obtained will give the number of units by which the total expense is to be divided. The quotient will give the amount of the unity of expense.

Each State will declare, at the time of its accession, in which of the said classes it desires to be placed.

The Swiss Administration will prepare the Budget of the Office, superintend its expenditure, make the necessary advances, and draw up the annual account, which shall be communicated to all the other Administrations.

6. The next Conference shall be held at Paris between four and six years from the date of the coming into force of the Convention.

The French Government will fix the date within these limits after having consulted the International Office.

7. It is agreed that, as regards the exchange of ratifications contemplated in Article XXI., each Contracting Party shall give a single instrument, which shall be deposited, with those of the other States, in the Government archives of the Swiss Confederation. Each party shall receive in exchange a copy of the _procès-verbal_ of the exchange of ratifications, signed by the Plenipotentiaries present.

The present Final Protocol, which shall be ratified with the Convention concluded this day, shall be considered as forming an integral part of the said Convention, and shall have the same force, effect, and duration.

In witness whereof the respective Plenipotentiaries have signed the same.

Done at Berne, the 9th day of September 1886.

_Procès-verbal of Signature._

The undersigned Plenipotentiaries, assembled this day to proceed with the signature of the Convention with reference to the creation of an International Union for the protection of literary and artistic works, have exchanged the following declarations:

1. With reference to the accession of the Colonies or foreign possessions provided for by Article XIX. of the Convention:

The Plenipotentiaries of His Catholic Majesty the King of Spain reserve to the Government the power of making known His Majesty's decision at the time of the exchange of ratifications.

The Plenipotentiary of the French Republic states that the accession of his country carries with it that of all the French Colonies.

The Plenipotentiaries of Her Britannic Majesty state that the accession of Great Britain to the Convention for the protection of literary and artistic works comprises the United Kingdom of Great Britain and Ireland, and all the Colonies and foreign possessions of Her Britannic Majesty.

At the same time they reserve to the Government of Her Britannic Majesty the power of announcing at any time the separate denunciation of the Convention by one or several of the following Colonies or possessions, in the manner provided for by Article XX. of the Convention, namely:

India, the Dominion of Canada, Newfoundland, the Cape, Natal, New South Wales, Victoria, Queensland, Tasmania, South Australia, Western Australia, and New Zealand.

2. With respect to the classification of the countries of the Union having regard to their contributory part to the expenses of the International Bureau (No. 5 of the Final Protocol):

The Plenipotentiaries declare that their respective countries should be ranked in the following classes, namely:

Germany in the first class. Belgium in the third class. Spain in the second class. France in the first class. Great Britain in the first class. Haiti in the fifth class. Italy in the first class. Switzerland in the third class. Tunis in the sixth class.

The Plenipotentiary of the Republic of Liberia states that the powers which he has received from his Government authorise him to sign the Convention, but that he has not received instructions as to the class in which his country proposes to place itself with respect to the contribution to the expenses of the International Bureau. He, therefore, reserves that question to be determined by his Government, who will make known their intention on the exchange of ratifications.

In witness whereof, the respective Plenipotentiaries have signed the present _procès-verbal_.

Done at Berne, the 9th day of September 1886.

_Procès-verbal recording Deposit of Ratifications._

In accordance with the stipulations of Article XXI., paragraph 1, of the Convention for the creation of an International Union for the protection of literary and artistic works, concluded at Berne on the 9th September 1886, and in consequence of the invitation addressed to that effect by the Swiss Federal Council to the Governments of the High Contracting Parties, the Undersigned assembled this day in the Federal Palace at Berne for the purpose of examining and depositing the ratifications of:

Her Majesty the Queen of Great Britain and Ireland, Empress of India, His Majesty the Emperor of Germany, King of Prussia, His Majesty the King of the Belgians, Her Majesty the Queen Regent of Spain, in the name of His Catholic Majesty the King of Spain, The President of the French Republic, The President of the Republic of Haiti, His Majesty the King of Italy, The Council of the Swiss Confederation, His Highness the Bey of Tunis,

to the said International Convention, followed by an Additional Article and Final Protocol.

The instruments of these acts of ratification having been produced and found in good and due form, they have been delivered into the hands of the President of the Swiss Confederation, to be deposited in the archives of the Government of that country, in accordance with clause No. 7 of the Final Protocol of the International Convention.

In witness whereof the undersigned have drawn up the present _procès-verbal_, to which they have affixed their signatures and the seals of their arms.

Done at Berne, the 5th September 1887, in nine copies, one of which shall be deposited in the archives of the Swiss Confederation with the instruments of ratification.

For Great Britain (L. S.) F. O. ADAMS. For Germany (L. S.) ALFRED VON BÜLOW. For Belgium (L. S.) HENRY LOUMYER. For Spain (L. S.) COMTE DE LA ALMINA. For France (L. S.) EMMANUEL ARAGO. For Haiti (L. S.) LOUIS-JOSEPH JANVIER. For Italy (L. S.) FÈ. For Switzerland (L. S.) DROZ. For Tunis (L. S.) H. MARCHAND.

_Protocol._

On proceeding to the signature of the _procès-verbal_ recording the deposit of the acts of ratification given by the High Parties Signatory to the Convention of the 9th September 1886, for the creation of an International Union for the protection of literary and artistic works, the Minister of Spain renewed, in the name of his Government, the declaration recorded in the _procès-verbal_ of the Conference of the 9th September 1886, according to which the accession of Spain to the Convention includes that of all the territories dependent upon the Spanish Crown.

The Undersigned have taken note of this declaration.

In witness whereof they have signed the present Protocol, done at Berne, in nine copies, the 5th September 1887.

ORDER IN COUNCIL, NOVEMBER 28, 1887.

BRITISH ORDER IN COUNCIL giving effect to the International Copyright Convention with Belgium, France, Germany, Haiti, Italy, Spain, Switzerland, and Tunis, of September 9, 1886.

[Windsor, November 28, 1887.]

Whereas the Convention, of which an English translation is set out in the First Schedule to this Order, has been concluded between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the foreign countries named in this Order, with respect to the protection to be given by way of copyright to the authors of literary and artistic works:

And whereas the ratifications of the said Convention were exchanged on the 5th September 1887, between Her Majesty the Queen and the Governments of the foreign countries following, that is to say:

Belgium, France, Germany, Haiti, Italy, Spain, Switzerland, Tunis.

And whereas Her Majesty in Council is satisfied that the foreign countries named in this Order have made such provisions as it appears to Her Majesty expedient to require for the protection of authors of works first produced in Her Majesty's dominions.

Now therefore Her Majesty, by and with the advice of Her Privy Council, and by virtue of the authority committed to her by the International Copyright Acts, 1844 to 1886, doth order, and it is hereby ordered as follows:

1. The Convention as set forth in the First Schedule to this Order shall as from the commencement of this Order have full effect throughout Her Majesty's dominions, and all persons are enjoined to observe the same.

2. This Order shall extend to the foreign countries following, that is to say[1782]:

Belgium, France, Germany, Haiti, Italy, Spain, Switzerland, Tunis.

And the above countries are in this Order referred to as the foreign countries of the Copyright Union, and those foreign countries, together with Her Majesty's dominions, are in this Order referred to as the countries of the Copyright Union.

3. The author of a literary or artistic work which, on or after the commencement of this Order, is first produced in one of the foreign countries of the Copyright Union shall, subject as in this Order and in the International Copyright Acts, 1844 to 1886, mentioned, have as respects that work throughout Her Majesty's dominions the same right of copyright, including any right capable of being conferred by an Order in Council under section 2 or section 5 of the International Copyright Act, 1844, or under any other enactment as if the work had been first produced in the United Kingdom, and shall have such right during the same period.

Provided that the author of a literary or artistic work shall not have any greater right or longer term of copyright therein than that which he enjoys in the country in which the work is first produced.

The author of any literary or artistic work first produced before the commencement of this Order shall have the rights and remedies to which he is entitled under section 6 of the International Copyright Act, 1886.

4. _The rights conferred by the International Copyright Acts, 1844 to 1886, shall in the case of a literary or artistic work first produced in one of the foreign countries of the Copyright Union by an author who is not a subject or citizen of any of the said foreign countries, be limited as follows: that is to say, the author shall not be entitled to take legal proceedings in Her Majesty's dominions for protecting any copyright in such work, but the publisher of such work shall, for the purpose of any legal proceedings in Her Majesty's dominions for protecting any copyright in such work, be deemed to be entitled to such copyright as if he were the author, but without prejudice to the rights of such author and publisher as between themselves._

5. A literary or artistic work first produced simultaneously in two or more countries of the Copyright Union shall be deemed for the purpose of copyright to have been first produced in that one of those countries in which the term of copyright in the work is shortest.

6. Section 6 of the International Copyright Act, 1852, shall not apply to any dramatic piece to which protection is extended by virtue of this Order.

7. The Orders mentioned in the Second Schedule to this Order are hereby revoked[1783]: Provided that neither such revocation, nor anything else in this Order, shall prejudicially affect any right acquired or accrued before the commencement of this Order by virtue of any Order hereby revoked, and any person entitled to such right shall continue entitled thereto and to the remedies for the same, in like manner as if this Order had not been made.

8. This Order shall be construed as if it formed part of the International Copyright Act, 1886.

9. This Order shall come into operation on December 6, 1887, which day is in this Order referred to as the commencement of this Order.

And the Lords Commissioners of Her Majesty's Treasury are to give necessary orders herein accordingly.

FIRST SCHEDULE.

[BERNE CONVENTION, 1886, WITH ADDITIONAL ARTICLE AND FINAL PROTOCOL.]

SECOND SCHEDULE.

ORDERS IN COUNCIL REVOKED.

Orders in Council, of the dates named below, for securing the privileges of copyright in Her Majesty's dominions to authors of works of literature, and the fine arts, and dramatic pieces, and musical compositions first produced in the following foreign countries, namely:

The Order in Council of 5th August 1875, revoking the application of Section 6 of 15 & 16 Vict. c. 12 to dramatic pieces referred to in the Order in Council of 10th January 1852 with respect to works first published in France.

THE ADDITIONAL ACT OF PARIS, 1896.

ARTICLE I.

The International Convention of the 9th September 1886, is modified as follows:

1. Article II.--The first paragraph of Article II. shall run as follows:

"Authors belonging to any one of the countries of the Union, or their lawful representatives, shall enjoy in the other countries for their works, whether unpublished, or published for the first time in one of those countries, the rights which the respective laws do now or shall hereafter grant to nationals."

A fifth paragraph is added in these terms:

"Posthumous works are included among those to be protected."

2. Article III.--Article III. shall run as follows:

"Authors not belonging to one of the countries of the Union, who shall have published or caused to be published for the first time their literary or artistic works in a country which is a party to the Union, shall enjoy, in respect of such works, the protection accorded by the Berne Convention, and by the present Additional Act."

3. Article V.--The first paragraph of Article V. shall run as follows:

"Authors belonging to any one of the countries of the Union, or their lawful representatives, shall enjoy in the other countries the exclusive right of making or authorising the translation of their works during the entire period of their right over the original work. Nevertheless, the exclusive right of translation shall cease to exist if the author shall not have availed himself of it, during a period of ten years from the date of the first publication of the original work, by publishing or causing to be published in one of the countries of the Union, a translation in the language for which protection is to be claimed."

4. Article VII.--Article VII. shall run as follows:

"Serial stories, including tales, published in the newspapers or periodicals of one of the countries of the Union, may not be reproduced, in original or translation, in the other countries, without the sanction of the authors or of their lawful representatives.

"This stipulation shall apply equally to other articles in newspapers or periodicals, when the authors or editors shall have expressly declared in the newspaper or periodical itself in which they shall have been published that the right of reproduction is prohibited. In the case of periodicals it shall suffice if such prohibition be indicated in general terms at the beginning of each number.

"In the absence of prohibition, such articles may be reproduced on condition that the source is acknowledged.

"In any case, the prohibition shall not apply to articles on political questions, to the news of the day, or to miscellaneous information."

5. Article XII.--Article XII. shall run as follows:

"Pirated works may be seized by the competent authorities of the countries of the Union where the original work is entitled to legal protection.

"The seizure shall take place conformably to the domestic law of each State."

6. Article XX. The second paragraph of Article XX. shall run as follows:

"Such denunciation shall be made to the Government of the Swiss Confederation. It shall only be effective as regards the country making it, the Convention remaining in full force and effect for the other countries of the Union."

ARTICLE II.

The final Protocol annexed to the Convention of the 9th September 1886, is modified as follows:

1. No. 1.--This clause shall run as follows:

"As regards Article IV., it is agreed as follows:

"(A.) In countries of the Union where protection is accorded not only to architectural plans, but also to the architectural works themselves, these works shall be admitted to the benefits of the Berne Convention and of the present Additional Act.

"(B.) Photographic works and works produced by an analogous process shall be admitted to the benefits of these engagements in so far as the laws of each State may permit, and to the extent of the protection accorded by such laws to similar national works.

"It is understood that an authorised photograph of a work of art shall enjoy legal protection in all the countries of the Union, as contemplated by the Berne Convention and by the present Additional Act, for the same period as the principal right of reproduction of the work itself subsists, and within the limits of private arrangements between those who have legal rights."

2. No. 4.--This clause shall run as follows:

"The common agreement contemplated in Article XIV. of the Convention is established as follows:

"The application of the Berne Convention and of the present Additional Act to works which have not fallen into the public domain within the country of origin at the time when these engagements come into force, shall operate according to such stipulations on this head as may be contained in special Conventions either actually existing or to be concluded hereafter.

"In the absence of such stipulations between any of the countries of the Union, the respective countries shall regulate, each for itself, by its domestic legislation, the manner in which the principle contained in Article XIV. is to be applied.

"The stipulations of Article XIV. of the Berne Convention and of the present clause of the Final Protocol shall apply equally to the exclusive right of translation, in so far as such right is established by the present Additional Act.

"The temporary stipulations noted above shall be applicable to countries which may hereafter accede to the Union."

ARTICLE III.

The countries of the Union which are not parties to the present Additional Act, shall at any time be allowed to accede thereto on their request to that effect. This stipulation shall apply equally to countries which may hereafter accede to the Convention of the 9th September 1886. It will suffice for this purpose that such accession should be notified in writing to the Swiss Federal Council, who shall in turn communicate it to the other Governments.

ARTICLE IV.

The present Additional Act shall have the same force and duration as the Convention of the 9th September 1886.

It shall be ratified, and the ratifications shall be exchanged at Paris, in the manner adopted in the case of that Convention, as soon as possible, and within the space of one year at the latest.

It shall come into force as regards those countries which shall have ratified it three months after such exchange of ratifications.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Paris in a single transcript, the 4th May 1896.

_Procès-Verbal recording Deposit of Ratification._

Circumstances having prevented action being taken within the period of delay originally fixed for the exchange of the ratifications of the Additional Act of the 4th May 1896, modifying Articles II., III., V., VII., XII., and XX. of the Convention of the 9th September 1886, and clauses 1 and 4 of the Final Protocol annexed thereto, as well as of the Declaration interpreting certain stipulations of the Convention of Berne of the 9th September 1886, and of the Additional Act signed at Paris on the 4th May 1896, it has been unanimously agreed that that period should be prolonged until this day.

In consequence whereof the Undersigned have met together in order to deposit the instruments in question.

Germany, Belgium, Spain, France, Italy, Luxembourg, Monaco, Montenegro, Switzerland, and Tunis have ratified both engagements.

Great Britain has ratified the Additional Act alone, on behalf of the United Kingdom, as well as of all the British Colonies and Possessions.

Norway has only ratified the interpretative Declaration.

The respective ratifications having been produced and found to be in good and due form, have been handed to the French Minister for Foreign Affairs, in order that they may be deposited in the archives of the Ministry, such deposit to be held equivalent to an exchange of ratifications.

In faith of which the Undersigned have prepared the present Record of deposit, to which they have affixed their seals.

Done at Paris, the 9th September 1897.

For Germany: (L. S.) (Signed) VON MÜLLER. For Belgium: (L. S.) (Signed) Baron ALB. FALLON. For Spain: (L. S.) (Signed) Le Marquis DE NOVALLAS. For France: (L. S.) (Signed) G. HANOTAUX. For Great Britain: (L. S.) (Signed) EDMUND MONSON. For Italy: (L. S.) (Signed) G. TORNIELLI. For Luxembourg: (L. S.) (Signed) EUGÈNE LOUIS BASTIN. For Monaco: (L. S.) (Signed) J. DEPELLEY. For Montenegro: (L. S.) (Signed) H. MARCEL. For Norway: (L. S.) (Signed) Comte WRANGEL. For Switzerland: (L. S.) (Signed) DUPLAN. For Tunis: (L. S.) (Signed) RENAULT. Certified to be a correct copy. (L. S.) (Signed) PH. CROSIER, _Minister Plenipotentiary_, _Chef du Service du Protocole._

ORDER IN COUNCIL, MARCH 7, 1898.

Whereas, &c. (Preamble recites the Berne Convention, 1886, Order in Council November 28, 1887, other Orders in Council affecting countries subsequently acceding, and the Additional Act of Paris.)

And whereas Her Majesty in Council is satisfied that the foreign countries named in the body of this Order and parties to the said Additional Act have made such provisions as it appears to Her Majesty expedient to require for the protection of authors of works first produced in Her Majesty's dominions:

Now therefore Her Majesty, by and with the advice of Her Privy Council and by virtue of the authority committed to Her by the International Copyright Acts, 1844 to 1886, doth order, and it is hereby ordered as follows:

(1.) The Additional Act of the Berne Convention set forth in the Schedule to this Order shall as from the commencement of this Order have full effect throughout Her Majesty's dominions, and all persons are enjoined to observe the same.

(2.) This Order shall extend to the foreign countries following, that is to say:[1784]

Germany, Belgium, Spain, France, Italy, Luxembourg, Monaco, Montenegro, Switzerland, and Tunis.

(3.) The fourth article of the Order in Council of November 28, 1887, shall as from the commencement of this Order cease to apply to the foreign countries to which this Order extends:

(4.) The Order in Council of November 28, 1887, shall continue to be of full force and effect save in so far as the same is varied by this Order.

(5.) Nothing contained in this Order shall prejudicially affect any right acquired or accrued before the commencement of this Order by virtue of the said Order in Council of November 28, 1887, or otherwise, and any person entitled to such right shall continue entitled thereto and to the remedies for the same in like manner as if this Order had not been made.

(6.) The author of any literary or artistic work first produced before the commencement of this Order shall have the rights and remedies to which he is entitled under section 6 of The International Copyright Act, 1886.

(7.) This Order shall be construed as if it formed part of The International Copyright Act, 1886.

(8.) This Order shall come into operation on the date hereof, which day is in this Order referred to as the commencement of this Order.

And the Lords Commissioners of Her Majesty's Treasury are to give the necessary orders herein accordingly.

TREASURY MINUTE

TREASURY MINUTE[1785] DEALING WITH THE COPYRIGHT IN GOVERNMENT PUBLICATIONS, AUGUST 31, 1887.

My Lords take into consideration the correspondence which has passed between the Treasury and the Stationery Office on the subject of Copyright in Government publications.

The law gives to the Crown, or the assignee of the Crown, the same right of copyright as to a private individual. Consequently, if a servant of the Crown, in the course of his duty for which he is paid, composes any document, or if a person is specially employed and paid by the Crown for the purpose of composing any document, the copyright in the document belongs to the Crown as it would in the case of a private employer.

The majority of publications issued under the authority of the Government have no resemblance to the works published by private publishers, and are published for the information of the public and for public use, in such manner as any one of the public may wish, and it is desirable that the knowledge of their contents should be diffused as widely as possible.

In other cases the Government publishes at considerable cost works in which few persons only are interested, but which are published for the purpose of promoting literature and science.

These works are of precisely the same character as those published by private enterprise.

In order to prevent an undue burden being thrown on the taxpayer by these works, and to enable the Government to continue the publication of works of this character to the same extent as heretofore, it is necessary to place them, as regards copyright, in the same position as publications by private publishers. If the reproduction of them, or of the most popular portions of them, by private publishers, is permitted, the private publisher will be able to put into his own pocket the profits of the work, which ought to go in relief of the general public, the taxpayers.

The question, then, is, what are the classes of works the reproduction of which is to be restricted, or to be left unrestricted?

Government publications may be classified as follows:

(1.) Reports of Select Committees of the two Houses of Parliament, or of Royal Commissions.

(2.) Papers required by Statute to be laid before Parliament, _e. g._, Orders in Council, Rules made by Government Departments, Accounts, Reports of Government Inspectors.

(3.) Papers laid before Parliament by Command, _e. g._, Treaties, Diplomatic Correspondence, Reports from Consuls and Secretaries of Legation, Reports of Inquiries into Explosions or Accidents, and other Special Reports made to Government Departments.

(4.) Acts of Parliament.

(5.) Official books, _e. g._, Queen's Regulations for the Army or Navy.

(6.) Literary or quasi-literary works, _e. g._, the Reports of the _Challenger_ Expedition, the Rolls Publication, the forthcoming State Trials, the "Board of Trade Journal."

(7.) Charts and Ordnance Maps.

As respects the first five classes of publications, the reproduction of them, with certain exceptions, should not be restricted in any form whatever. Indeed, in most cases it is desirable that they should be made known to the public as widely as possible.

The first exception is, that Acts of Parliament and official books should not, except when published under the authority of the Government, purport on the face of them to be published by authority.

The second exception is, where a work of a literary or quasi-literary character comes accidentally within these classes. For example, the Reports of the Historical Manuscripts Commission would, but for the fact that they were produced under the direction of a Commission instead of under the Master of the Rolls, be published in the ordinary manner like the Rolls publications, and come within Class 6.

So, again, a Report to a Government Department may be laid before Parliament made by a person of eminent scientific knowledge who is willing to give the Government and the public the advantage of his knowledge, but not to allow it to be reproduced for the private benefit of an individual publisher. Mr. Whitehead's Reports on Injurious Insects are an instance of this case.

Other exceptions will, no doubt, from time to time occur, which can only be dealt with as they arise.

As regards the sixth and seventh classes above mentioned, it seems desirable that the copyright in them should be enforced in the interests of the taxpayer, and of literature and science. For, as pointed out above, unless copyright is enforced, cheap copies of the works, or of the popular portion of them, can be produced by private publishers, who reap the profit at the expense of the taxpayer. And as such works are in any case a burden on the taxpayer, the greater the burden the fewer works can the Government, with justice to the taxpayer, undertake.

Notice of the intention to enforce the copyright in any work should be given to the public. In the case of future works this notice can be given by prefixing to the work a notice to the effect that the rights of copyright are reserved. In the case of past works it will be desirable to inform the publishing trade of the works the reproduction of which, without permission, is forbidden.

As respects Acts of Parliament, the Government, in obedience to the wishes of Parliament expressed by Select Committees, are bound to publish an edition of them by authority as cheaply as practicable, and a nearly similar remark applies to official publications. For this purpose the Comptroller of the Stationery Office shall be appointed Her Majesty's Printer, but care will be taken not to infringe on any existing privileges granted by the Crown.

Let instructions be given to the Comptroller of the Stationery Office and to the Solicitor in pursuance of this Minute.

AMERICAN STATUTES

REVISED STATUTES, 1874.

TITLE lx. c. 3. [Approved June 22, 1874.]

[Sidenote: Copyrights to be under charge of Librarian of Congress.]

SEC. 4948. All records and other things relating to copyrights and required by law to be preserved shall be under the control of the Librarian of Congress, and kept and preserved in the Library of Congress; and the Librarian of Congress shall have the immediate care and supervision thereof, and, under the supervision of the joint committee of Congress on the Library, shall perform all acts and duties required by law touching copyrights.

[Sidenote: Seal of Office.]

SEC. 4949. The seal provided for the office of the Librarian of Congress shall be the seal thereof, and by it all records and papers issued from the office and to be used in evidence shall be authenticated.

[Sidenote: Bond of Librarian.]

SEC. 4950. The Librarian of Congress shall give a bond, with sureties, to the Treasurer of the United States, in the sum of five thousand dollars, with the condition that he will render to the proper officers of the Treasury a true account of all monies received by virtue of his office.

[Sidenote: Annual Report.]

SEC. 4951. The Librarian of Congress shall make an annual report to Congress of the number and description of copyright publications for which entries have been made during the year.

[Sidenote: What publications may be entered for Copyright.]

SEC. 4952. _Any Citizen of the United States or resident therein who shall be the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print,[1786] or photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary, or of models or designs intended to be perfected as works of the fine arts, and the executors, administrators, or assigns of any such person shall, upon complying with the provisions of this chapter, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending, the same; and in the case of a dramatic composition of publicly performing or representing it, or causing it to be performed or represented by others. And authors may reserve the right to dramatize or to translate their own works._[1787]

[Sidenote: Term of Copyrights.]

SEC. 4953. Copyrights shall be granted for the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed.

[Sidenote: Continuance of Term.]

SEC. 4954. _The author, inventor, or designer, if he be still living and a citizen of the United States or resident therein, or his widow or children, if he be dead, shall have the same exclusive right continued for the further term of fourteen years, upon recording the title of the work or description of the article so secured a second time, and complying with all other regulations in regard to original copyrights, within six months before the expiration of the first term. And such person shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more newspapers, printed in the United States, for the space of four weeks._[1788]

[Sidenote: Assignment of Copyrights and recording.]

SEC. 4955. Copyrights shall be assignable in law by any instrument of writing, and such assignment shall be recorded in the office of the Librarian of Congress within sixty days after its execution; in default of which it shall be void as against any subsequent purchaser, or mortgagee for a valuable consideration, without notice.

[Sidenote: Deposit of title and published copies.]

SEC. 4956. _No person shall be entitled to a copyright unless he shall, before publication, deliver at the office of the Librarian of Congress, or deposit in the mail addressed to the Librarian of Congress at Washington, District of Columbia, a printed copy of the title of the book or other article, or a description of the painting, drawing, chromo, statue, statuary, or a model or design for a work of the fine arts, for which he desires a copyright, nor unless he shall also within ten days from the publication thereof[1789] deliver_ _at the office of the Librarian of Congress or deposit in the mail addressed to the Librarian of Congress at Washington, District of Columbia, two copies of such copyright book or other article, or in case of a painting, drawing, statue, statuary, model, or design for a work of the fine arts, a photograph of the same._[1790]

[Sidenote: Record of entry and attested copy].

SEC. 4957. The Librarian of Congress shall record the name of such copyright book or other article forthwith, in a book to be kept for that purpose, in the words following: "Library of Congress, to wit: Be it remembered that on the ----day of ----, A. B., of ----, hath deposited in this office the title of a book (map, chart, or otherwise as the case may be, or a description of the article), the title or description of which is in the following words, to wit: (here insert the title or description) the right whereof he claims as author (originator or proprietor as the case may be) in conformity with the laws of the United States respecting copyrights. C. D., Librarian of Congress." And he shall give a copy of the title or description, under the seal of the Librarian of Congress, to the proprietor whenever he shall require it.

[Sidenote: Fees.]

SEC. 4958. _The Librarian of Congress shall receive from the persons to whom the services designated are rendered the following fees_:

_First. For recording the title or description of any copyright book or other article, fifty cents._

_Second. For every copy under seal of such record actually given to the person claiming the copyright, or his assigns, fifty cents._

_Third. For recording any instrument of writing for the assignment of a copyright, fifteen cents for every one hundred words._[1791]

_All fees so received shall be paid into the Treasury of the United States._[1792]

[Sidenote: Copies of Copyright works to be furnished to Librarian of Congress.]

SEC. 4959. _The proprietor of every copyright book or other article shall deliver at the office of the Librarian of Congress, or deposit in the mail addressed to the Librarian of Congress at Washington, District of Columbia, within ten days after its publication, two complete printed copies thereof, of the best edition issued, or description or photograph of such article as hereinbefore required, and a copy of every subsequent edition wherein any substantial changes shall be made._[1793]

[Sidenote: Penalty for omission]

SEC. 4960. For every failure on the part of the proprietor of any copyright to deliver or deposit in the mail either of the published copies or description or photograph, required by sections 4956 and 4959, the proprietor of the copyright shall be liable to a penalty of twenty-five dollars, to be recovered by the Librarian of Congress, in the name of the United States, in an action in the nature of an action of debt in any district court of the United States, within the jurisdiction of which the delinquent may reside or be found.

[Sidenote: Postmasters to give receipts.]

SEC. 4961. The postmaster to whom such copyright book, title, or other article is delivered, shall, if requested, give a receipt therefor; and when so delivered he shall mail it to its destination.

[Sidenote: Publication of notice of entry for Copyright prescribed.]

SEC. 4962. No person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title-page or the page immediately following, if it be a book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected and completed as a work of the fine arts, by inscribing _upon some portion of the face or front thereof, or on the face of the substance on which the same shall be mounted_,[1794] the following words, "Entered according to Act of Congress, in the year ----, by A. B., in the office of the Librarian of Congress at Washington."[1795]

[Sidenote: Penalty for false publication of notice of entry.]

SEC. 4963. _Every person who shall insert or impress such notice or words of the same purport, in or upon any book, map, chart, musical composition, print, cut, engraving, or photograph, or other article for which he has not obtained a copyright, shall be liable to a penalty of one hundred dollars, recoverable one-half by the person who shall sue for such penalty, and one-half to the use of the United States._[1796]

[Sidenote: Damages for violation of Copyright of books.]

SEC. 4964. _Every person who after the recording of the title of any book as provided by this chapter shall, within the term limited and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, print, publish, or import, or, knowing the same to be so printed, published, or imported, shall sell or expose to sale any copy of such book, shall forfeit every copy thereof to such proprietor, and shall also forfeit and pay such damages as may be recovered in a civil action by such proprietor in any court of competent jurisdiction._[1797]

[Sidenote: For violating Copyright of maps, charts, prints, &c.]

SEC. 4965. _If any person after the recording of the title of any map, chart, musical composition, print, cut, engraving, or photograph, or chromo, or of the description of any painting, drawing, statue, statuary, or model, or design intended to be perfected and executed as a work of the fine arts, as provided by this chapter shall, within the term limited and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, or import, either in whole or in part, or by varying the main design with intent to evade the law, or, knowing the same to be so printed, published, or imported, shall sell or expose to sale any copy of such maps or other article, as aforesaid, he shall forfeit to the proprietor all the plates on which the same shall be copied, and every sheet thereof either copied or printed, and shall further forfeit one dollar for every sheet of the same found in his possession, either printing, printed, copied, published, imported, or exposed for sale; and in case of a painting, statue, or statuary he shall forfeit ten dollars for every copy of the same in his possession, or by him sold or exposed for sale; one-half thereof to the proprietor, and the other half to the use of the United States._[1798]

[Sidenote: For violating Copyright of dramatic compositions.]

SEC. 4966. _Any person publicly performing or representing any dramatic composition for which a copyright has been obtained without the consent of the proprietor thereof or his heirs or assigns, shall be liable for damages therefor, such damages in all cases to be assessed at such sum, not less than one hundred dollars for the first, and fifty dollars for every subsequent performance, as to the court shall appear to be just._[1799]

[Sidenote: Damages for printing or publishing any manuscript without consent of author, &c.]

SEC. 4967. _Every person who shall print or publish any manuscript whatever without the consent of the author or proprietor first obtained, if such author or proprietor is a citizen of the United States, or resident therein, shall be liable to the author or proprietor for all damages occasioned by such injury._[1800]

[Sidenote: Limitation of action in Copyright cases.]

SEC. 4968. No action shall be maintained in any case of forfeiture or penalty under the copyright laws unless the same is commenced within two years after the cause of action has arisen.

[Sidenote: Defences to action in Copyright cases.]

SEC. 4969. In all actions arising under the laws respecting copyrights, the defendant may plead the general issue, and give the special matter in evidence.

[Sidenote: Injunctions in Copyright cases.]

SEC. 4970. The circuit courts, and district courts having the jurisdiction of circuit courts, shall have power upon bill in equity, filed by any party aggrieved, to grant injunctions to prevent the violation of any right secured by the laws respecting copyrights, according to the course and principles of courts of equity on such terms as the courts may deem reasonable.

[Sidenote: Aliens and non-residents not privileged.]

SEC. 4971. _Nothing in this chapter shall be construed to prohibit the printing, publishing, importation, or sale of any book, map, chart, dramatic or musical composition, print, cut, engraving or photograph, written, composed, or made by any person not a citizen of the United States nor resident therein._[1801]

[Sidenote: Writs of error and appeals without reference to amount.]

SEC. 699. A writ of error may be allowed to review any final judgment at law, and an appeal shall be allowed from any final decree in equity hereinafter mentioned without regard to the sum or value in dispute.

First. By final judgment at law or final decree in equity of any circuit court, or of any district court acting as a circuit court, or of the Supreme Court of the District of Columbia, or of any Territory, in any case touching patent rights or copyrights.

[Sidenote: Exclusive jurisdiction of Courts of United States.]

SEC. 711. The jurisdiction vested in the courts of the United States in the cases and proceedings hereinafter mentioned, shall be exclusive of the courts of the several States.

Fifth. Of all cases arising under the patent-right or copyright laws of the United States.

[Sidenote: Full costs allowed.]

SEC. 972. In all recoveries under the copyright laws either for damages, forfeitures, or penalties, full costs shall be allowed thereon.

[Sidenote: Copyrights vest in Assignee in bankruptcy.]

SEC. 5046. All ... patent rights, and copyrights ... shall in virtue of the adjudication of bankruptcy and the appointment of an assignee ... be at once vested in such assignee.

[Sidenote: Repeal of Acts.]

SEC. 5596. All Acts of Congress passed prior to December 1, 1873, any portion of which is embraced in any section of the Revised Statutes, are hereby repealed, and the section applicable thereto shall be in force in lieu thereof....

[Sidenote: Acts passed since 1st December 1873, not affected.]

SEC. 5601. The enactment of the said Revision is not to affect or repeal any Act of Congress passed since December 1, 1873, and all Acts passed since that date are to have full effect as if passed after the enactment of this revision, and so far as such Acts vary from and conflict with any provision contained in said revision, they are to have effect as subsequent statutes, and as repealing any portion of the revision inconsistent therewith.

ACT OF CONGRESS, JUNE 18, 1874.

[Sidenote: No right of action for infringement unless notice of entry.]

[Sidenote: Optional modes of entry.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title-page or the page immediately following, if it be a book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected and completed as a work of the fine arts, by inscribing upon some visible portion thereof, or of the substance on which the same shall be mounted, the following words, viz.:--"Entered according to Act of Congress in the year --by A. B., in the office of the Librarian of Congress at Washington," or at his option 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: Fees.]

SEC. 2. _That for recording and certifying any instrument of writing for the assignment of a copyright, the Librarian of Congress shall receive, from the persons to whom the service is rendered, one dollar; and for every copy of an assignment, one dollar; said fee to cover in either case a certificate of the record, under seal of the Librarian of Congress; and all fees so received shall be paid into the Treasury of the United States._[1802]

[Sidenote: "Engraving," "Cut" and "Print" not to extend to labels.]

[Sidenote: Commissioner of Patents charged with supervision of labels.]

SEC. 3. That in the construction of this Act the words "engraving," "cut" and "print" shall be applied only to pictorial illustrations or works connected with the fine arts, and no prints or labels designed to be used for any other articles of manufacture shall be entered under the copyright law, but may be registered in the Patent Office. And the Commissioner of Patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in conformity with the regulations provided by law as to copyright of prints except that there shall be paid for recording the title of any print or label not a trade mark, six dollars, which shall cover the expense of furnishing a copy of the record under the seal of the Commissioners of Patents, to the party entering the same.

SEC. 4. That all laws and parts of laws inconsistent with the foregoing provisions be, and the same are hereby repealed.

SEC. 5. That this Act shall take effect on August 1, 1874.

ACT OF CONGRESS, AUGUST 1, 1882.

[Sidenote: R. S. 4962, amended notice of Copyright on decorative articles.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That manufacturers of designs for moulded decorative articles, tiles, plaques, or articles of pottery or metal subject to copyright may put the copyright mark prescribed by Section 4962 of the Revised Statutes, and Acts additional thereto, upon the back or bottom of such articles, or in such other place upon them as it has heretofore been usual for manufacturers of such articles to employ for the placing of manufacturers, merchants, and trade marks thereon.

ACT OF CONGRESS, OCTOBER 1, 1890.

An Act to reduce the revenue and equalise duties on imports, and for other purposes.

SEC. 2. On and after October 6, 1890, unless otherwise specially provided for in this Act, the following articles when imported shall be exempt from duty:

* * * * *

512. Books, engravings, photographs, bound or unbound, etchings, maps and charts, which shall have been printed and bound or manufactured more than twenty years at the date of importation.

513. Books and pamphlets printed exclusively in languages other than English; also books and music in raised print used exclusively by the blind.

514. Books, engravings, photographs, etchings, bound or unbound, maps and charts imported by authority, or for the use of the United States, or for the use of the Library of Congress.

515. Books, maps, lithographic prints, and charts, specially imported, not more than two copies in any one invoice, in good faith for the use of any society incorporated or established for educational, philosophical, literary or religious purposes, or for the encouragement of the fine arts, or for the use or by order of any college, academy, school or seminary of learning in the United States, subject to such regulations as the secretary of the Treasury shall prescribe.

516. Books, or libraries, or parts of libraries, and other household effects of persons or families from foreign countries, if actually used abroad by them not less than one year, and not intended for any other person or persons, nor for sale.

ACT OF CONGRESS, MARCH 3, 1891.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section forty-nine hundred and fifty-two of the Revised Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Persons and publications entitled to Copyright.]

"SEC. 4952. The author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts, and the executors, administrators, or assigns of any such person shall, upon complying with the provisions of this chapter, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending the same; and, in the case of dramatic composition, of publicly performing or representing it or causing it to be performed or represented by others; and authors or their assigns shall have exclusive right to dramatize and translate any of their works for which copyright shall have been obtained under the laws of the United States."

SEC. 2. That section forty-nine hundred and fifty-four of the Revised Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Further term of exclusive right.]

"Sec. 4954. The author, inventor, or designer, if he be still living, or his widow or children, if he be dead, shall have the same exclusive right continued for the further term of fourteen years, upon recording the title of the work or description of the article so secured a second time, and complying with all other regulations in regard to original copyrights, within six months before the expiration of the first term; and such persons shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more newspapers printed in the United States for the space of four weeks."

SEC. 3. That section forty-nine hundred and fifty-six of the Revised Statutes of the United States be, and the same is hereby amended so that it shall read as follows:

[Sidenote: Deposit of title or description before publication.]

[Sidenote: Two copies of work or photograph on day of publication.]

[Sidenote: To be made in the United States.]

[Sidenote: Importation of Foreign editions prohibited.]

"SEC. 4956. No person shall be entitled to a copyright unless he shall, on or before the day of publication in this or any foreign country, deliver at the office of the Librarian of Congress, or deposit in the mail within the United States, addressed to the Librarian of Congress at Washington, District of Columbia, a printed copy of the title of the book, map, chart, dramatic or musical composition, engraving, cut, print, photograph, or chromo, or a description of the painting, drawing, statue, statuary, or a model or design for a work of the fine arts for which he desires a copyright, nor unless he shall also, not later than the day of the publication thereof[1803] in this or any foreign country, deliver at the office of the Librarian of Congress at Washington, District of Columbia, or deposit in the mail within the United States, addressed to the Librarian of Congress at Washington, District of Columbia, two copies of such copyright book, map, chart, dramatic or musical composition, engraving, chromo, cut, print, or photograph, or in case of a painting, drawing, statue, statuary, model, or design for a work of the fine arts, a photograph of same: Provided, That in the case of a book, photograph, chromo, or lithograph, the two copies of the same required to be delivered or deposited as above shall be printed from type set within the limits of the United States, or from plates made therefrom, or from negatives, or drawings on stone made within the limits of the United States, or from transfers made therefrom. During the existence of such copyright the importation into the United States of any book, chromo, lithograph, or photograph so copyrighted, or any edition or editions thereof, or any plates of the same not made from type set, negatives, or drawings on stone made within the limits of the United States, shall be, and it is hereby, prohibited, except in the cases specified in paragraphs 512 to 516, inclusive in section 2 of the Act of Congress, October 1, 1890, and except in the case of persons purchasing for use and not for sale, who import, subject to the duty thereon, not more than two copies of such book at any one time, and except in the case of newspapers and magazines not containing in whole or in part matter copyrighted under the provisions of this Act, unauthorised by the author, which are hereby exempted from prohibition of importation: Provided, nevertheless, That in the case of books in foreign languages, of which only translations in English are copyrighted; the prohibition of importation shall apply only to the translations of the same, and the importation of the books in the original language shall be permitted."

[Sidenote: Fees.]

SEC. 4. That section forty-nine hundred and fifty-eight of the Revised Statutes be, and the same is hereby amended so that it will read as follows:

"SEC. 4958. The Librarian of Congress shall receive from the persons to whom the services designated are rendered the following fees:

"First. For recording the title or description of any copyright book or other article, fifty cents.

"Second. For every copy under seal of such record actually given to the person claiming the copyright, or his assigns, fifty cents.

"Third. For recording and certifying any instrument of writing for the assignment of a copyright, one dollar.

"Fourth. For every copy of an assignment, one dollar.

"All fees so received shall be paid into the Treasury of the United States: Provided, That the charge for recording the title or description of any article entered for copyright, the production of a person not a citizen or resident of the United States, shall be one dollar, to be paid as above into the Treasury of the United States, to defray the expenses of lists of copyrighted articles as hereinafter provided for.

[Sidenote: List of copyrighted articles to be furnished Treasury.]

[Sidenote: Weekly Catalogues.]

"And it is hereby made the duty of the Librarian of Congress to furnish to the Secretary of the Treasury copies of the entries of titles of all books and other articles wherein the copyright has been completed by the deposit of two copies of such book printed from type set within the limits of the United States, in accordance with the provisions of this Act and by the deposit of two copies of such other article made or produced in the United States; and the Secretary of the Treasury is hereby directed to prepare and print, at intervals of not more than a week, catalogues of such title-entries for distribution to the collectors of customs of the United States and to the postmasters of all post offices receiving foreign mails, and such weekly lists, as they are issued, shall be furnished to all parties desiring them, at a sum not exceeding five dollars per annum; and the Secretary and the Postmaster-General are hereby empowered and required to make and enforce such rules and regulations as shall prevent the importation into the United States, except upon the conditions above specified, of all articles prohibited by this Act."

SEC. 5. That section forty-nine hundred and fifty-nine of the Revised Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Copy of subsequent editions.]

"SEC. 4959. The proprietor of every copyright book or other article shall deliver at the office of the Librarian of Congress, or deposit in the mail, addressed to the Librarian of Congress at Washington, District of Columbia, a copy of every subsequent edition wherein any substantial changes shall be made: Provided, however, That the alterations, revisions, and additions made to books by foreign authors, heretofore published, of which new editions shall appear subsequently to the taking effect of this Act, shall be held and deemed capable of being copyrighted as above provided for in this Act, unless they form a part of the series in course of publication at the time this Act shall take effect."

SEC. 6. That section forty-nine hundred and sixty-three of the Revised Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Penalty for false notice of entry.]

"SEC. 4963. _Every person who shall insert or impress such notice, or words of the same purport, in or upon any book, map, chart, dramatic or musical composition, print, cut, engraving, or photograph, or other article, for which he has not obtained a copyright, shall be liable to a penalty of one hundred dollars, recoverable one-half for the person who shall sue for such penalty and one-half to the use of the United States._"[1804]

SEC. 7. That section forty-nine hundred and sixty-four of the Revised Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Violations of Copyright of books.]

"SEC. 4964. Every person who, after the recording of the title of any book and the depositing of two copies of such book, as provided by this Act, shall, contrary to the provisions of this Act, within the term limited, and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, print, publish, dramatize, translate, or import, or knowing the same to be so printed, published, dramatized, translated, or imported, shall sell or expose to sale any copy of such book, shall forfeit every copy thereof to such proprietor, and shall also forfeit and pay such damages as may be recovered in a civil action by such proprietor in any court of competent jurisdiction."

SEC. 8. That section forty-nine hundred and sixty-five of the Revised Statutes be, and the same is hereby so amended as to read as follows:

[Sidenote: Violations of Copyright of maps, prints, &c.]

"SEC. 4965. _If any person, after the recording of the title of any map, chart, dramatic or musical composition, print, cut, engraving, or photograph, or chromo, or of the description of any painting, drawing, statue, statuary, or model or design intended to be perfected and executed as a work of the fine arts, as provided by this Act, shall within the term limited, contrary to the provisions of this Act, and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, dramatize, translate, or import, either in whole or in part, or by varying the main design with intent to evade the law, or, knowing the same to be so printed, published, dramatized, translated, or imported, shall sell or expose to sale any copy of such map or other article as aforesaid, he shall forfeit to the proprietor all the plates on which the same shall be copied and every sheet thereof, either copied or printed, and shall further forfeit one dollar for every sheet of the same found in his possession, either printing, printed, copied, published, imported, or exposed for sale, and in case of a painting, statue, or statuary, he shall forfeit ten dollars for every copy of the same in his possession, or by him sold or exposed for sale; one-half thereof to the proprietor and the other half to the use of the United States._"[1805]

SEC. 9. That section forty-nine hundred and sixty-seven of the Revised Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Damages for printing manuscript.]

"SEC. 4967. Every person who shall print or publish any manuscript whatever without the consent of the author or proprietor first obtained, shall be liable to the author or proprietor for all damages occasioned by such injury."

[Sidenote: Alien products.]

SEC. 10. That section forty-nine hundred and seventy-one of the Revised Statutes be, and the same is hereby repealed.

[Sidenote: Volumes separately copyrightable.]

SEC. 11. That for the purpose of this Act each volume of a book in two or more volumes, when such volumes are published separately and the first one shall not have been issued before this Act shall take effect, and each number of a periodical shall be considered an independent publication, subject to the form of copyrighting as above.

SEC. 12. That this Act shall go into effect on the first day of July, anno domini eighteen hundred and ninety-one.

[Sidenote: Applicable to citizens of foreign countries permitting similar rights.]

SEC. 13. That this Act shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens; 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 of America may at its pleasure become a party to such agreement. The existence of either of the 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.

ACT OF CONGRESS, MARCH 3, 1893.

[Sidenote: Extension of time for delivery of copies where such has been neglected.]

[Sidenote: if delivered before 1st March 1893.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any author, inventor, designer, or proprietor of any book, or other article entitled to copyright, who has heretofore failed to deliver in the office of the Librarian of Congress, or in the mail addressed to the Librarian of Congress, two complete copies of such book, or description or photograph of such article within the time limited by Title 60,