US Copyright Office: ar-1936

8/14/2019 US Copyright Office: ar-1936

1/55

THE LIBRARY OF CONGRESSCOPYRIGHT OFFICE

THIRTY-NINTH ANNUAL REPORTOF THE

REGISTER OF COPYRIGHTSFOR THE FISCAL YEAR

ENDING JUNE 30

UNITED STATESGOVERNMENT PRINTING OFFICE

WABrmrOMN r 19W


2/55

PUBLICATIONS OF THE COPYRIGHT OFFICE1 The following publications were issued in limited editions, but may be had (e ofar as any are still available) from the SUPEBINTENDENTF D ~ M E N T B ,ASH-I r rm a , D. 0.. upon payment in advance of the nominal price given, whtchincludes postagePostal money orders or drafts should be made payable and addressed to theS O P ~ ~ D ~ TF W u O C U ~ ~ T B .tamps and uncer taed checks are notaccepted.Bm u ma No. 3. Paper, 16c.; cloth, 35c.Copyright Enactments of the United States, ITS-1908. 2d ed., rev., 174

pp. 89 1906.Bu mm n No. 8 Cloth, 65C.Copyright in Congress, 1789-1904. A bibliography and chronological r eord of al l proceedings in Congress in relat ion to copyright. 468 pp. 8".1905.BULLETINNO. 14.The Copyright Law of the United Sta tes of America, being the act ofMarch 4, 1909 (in force July 1, I-), as amended by the acts of August 24,1912,March 2, 1913,March 28, 1914,December 18, 1919, July 3, 1926,and May 23, 1928, ogether with Rules for Practice and Procedure undersection 25, by the Supreme Court of the United States. 88 pp. 8 1936.

Bm mm a No. 17. Cloth, 5Oc.Decisions of the United States courts involv'ing copyright. 1909-1914.Second enhrged edition. vi., 279 pp. 8 1928.BrsLLczla No. 18. Cloth, BOc.Decisions of the United States coGta involving copyright. 1914-1917.ix, 605 pp. 8'. 1918.B a ~ m ao. 19. Cloth, $LDecieions of the United States courts involving copyright. 1918-1024.xi, 477 pp. 8 1926.

B ~ No. 20. Cloth, $1.50.Decisions of the United States courts involving copyright. 1924-1985.xiii, 947 pp. 8 1936.DRAMATIC OMPOSITIONS &PYB IC +H ~ I N THE UNITED SAC 187&1916.[Over 60,000 titles alphabetically arranged, with complete index to authors.proprietors, translators, e t c j 1 p. l., v. 3547 pp. 4O. 1918. 2 volsCloth, $4.I N F O B M A ~ O ~IBcaaBs. No. 4.-Text of the Convention creating an Inter-national Copyright Union, Berne, 1886,13pp. 4 No. 4 A.-InternationalCopyright Convention. Revised text, Berlin. 1908. 10 pp. 4 No. 4 B.-Additional protocol to the International Copyright Convention of Berlin,November 13, 1908,signed at Berne, March 20,1914. 2 pp. 4'. No. 4 C-International Copyright Convention. New revision, signed a t Rome, June 2,

1928. French text, with English translation. 14 pp. 4".n


3/55

CONTENTS

Copyright entries an d fees-------------,---------------------Summary of copyright business-----.--------- - - - - - - - - - - - - - - - - - - - - -Accounts---------------------------------------------------------Corrwndence- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Copyright deposits- --- ----- - - - - - - - - -- - - - - - - - - - -- - - - - - ---- - - -- -Index and catalogue of copyright entries . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Service----------------------------------,-----------------------Copyright Office publications- - - ------ - ------ ------- -- - - - - ---------Internstionslcopyright--------------------------------------------Copyright in Congress-----------------,----------------Hearings---------------------------------------------------------Design copyr ight - - - , - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -The Treaty in th e Senate- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EXHIBITS

B. Fees----------------------------------------------------------C. Yearly oomparison---------_---------------,---------------------D. Registrations ----------------,-------. -,,,-,--------------------E. Articles deposited ..............................................ADDENDA

An act to vest in the Register of Copyrights t he registration of copy-right prints and lab& (5. 121). 4n the House of Repm entativesFebruary 6, 1930. By Mr. McAdoo. . . . . . . . . . . . . . . . . . . . . . . . . .Report No. 1473, Cde ndar No. 1636, o aacompany 9.3121. January16 (calendar day, Jan. 22), 1936. By Mr. McAdoo- - - - - - - - - - - - - - -

111. A bill to amend the Act entitled "An Act to amend and consolidate theActs respecting copyright", approved March 4, 1909,as amended,and for other purposes (H. R. 10632). I n th e House of Repre-sentatives Jan. 27,1936. By Mr.Daly. . . . . . . . . . . . . . . . . . . . . . . . .IV . A bill to amend and consolidate the Acte respecting copyright (H . R.11420). In the House of Representatives February 24, 1936. ByMr . F i v i c h - -, - -- ----- - - -- --- -- - - - - - - - -- - -- -


4/55

REPORT OFTHE REGISTER OF COPY RIGHTSFOR THE FISCAL YEAR 1935-36WASHINGTON,. C. July 9,1936.SIR:The copyright business and the w o k of the Copyright O&efor the fiscal year July 1, 1935, to June 30, 1936, inclusive, aresummarized as follows:

The gross receipts during the year were $293,149.82. A balanceof $22,693.27, representing trust funds and unfinished business, wason hand July 1, 1935, making a total sum of $315,843.09 to be ac-counted for. Of this amount the sum of $7,208.12 was refunded asexcess fees or as fees for articles not registrable, leaving a net balanceof $308,634.97. The balance carried over to July 1, 1936, was $23,-428.07 (representing trust funds and total unfinished business), leav-ing fees applied during the fiscal year 1935-36 and paid into theTreasury, $285,206.90.These fees show a distinct gain over the previous year (the feesfor las t year being $259,881.70), while the gain in the number ofentries, too, is noticeable, the figures being 156,962, as compared with142,031 for 1934-35. This gain i s the most considerable since therecovery from the depression began.The annual applied fees since July 1,1897, are shown in exhibitc. (Seep. 19.)

The total expenditure for salaries was $249,541.97. The expendi-ture for supplies, including stationery and other articles and postageon foreign mail matter, etc., was $1,323.53. The total expenditureswere, therefore, $250,865.50. This sum deducted from $285,206.90fees received and turned into the Treasury, shows a profit of $34,-341.40 to the credit of the Copyright Office.The total appropriation made by Congress for salaries in theCopyright Office for the fiscal year 1935-36 as carried in the Ap-propriation Act was $249,620.00.

During the period of 39 years (1897-1936) the copyright business,as evidenced by the applied fees, increased over fivefold. Duringthese 39 years since the organization of the present Copyright O bthe copyright fees applied and paid into the Treasury have amountedto a grand total of $5,690,480.70, and the total copyright registrations1


5/55

2 REPOBT OF THE REQlS!I'EB OF OOPYRIGHTShave numbered over five millions (5,042,814). ' The fees earned($5,690,480.70) were larger than the total of salaries paid duringthe same period ($4,757,425.68) by $983,055.02, the total profit for 39years.In addition to this direct profit the large number of over 8,000,000books, maps, musical works, periodicals, prints, and other articlesdeposited dur ing the 39 years were of substantial pecuniary valueand of such a charachr that the accession of most of these to theLibrary of Congress through the Copyright Office effected a largesaving to the purchase fund of the Library equal in amount to theirprice.

COPYRIQHT ENTRIES A N D FEESThe registrations for the hca l year numbered 156,962. Of these,115,396 were registrations for published works a t $2 each; 31,817were registrations for unpublished works at $1 each; 1,569 were reg-istrations of photographs without certificates at $1 each. There werealso 8,180 registrations of renewals at $1 each. The fees fo r theselegistrations amounted to a total of $272,358.00.

Balance on hand July 1, 1936 .................................. $22,693.7Gross receipts July 1, 1986, o June 30,1 W6 ...................... 293,149.82Total to be accounted for ................................. 315,843.09

Refunded--------------,-,------------------------------------- 7,208 2Balance to be accounted for---------,---------------08,834.97Applied as earned fees------,-------,-------------286,208.90Balance carried over to July 1, 1936:Trust funds ......................... $19,629.10

Unfinished business------------------- 3,898.97- 3,428.07 308,834.97Fees for registrat ion of published works, a t $2 each-------------- 230,792.00Fees for registrat ion of unpublished works, at $1 each----------- 31,817.00Fees for registration of photographs without certificates, a t $1 each- 1,669.00Fees for registration of renewals, at $1 each....................... 8,180.00Total fees for registrations recorded........................ 272,358.00Fees for certified copies of record, at $1 each---------- $1,772.00Fees for recording assignments......................... 9,908.00Searches made and charged for at the rat e of $1 for eachhour of time consumed ............................. 747.00Notice of' user recorded (music)...................... 296.00Indexing transfers of proprietorship------------------- 128.90 12,848.90Total fees for the flscal year, 1 W M 6---------,------------85,206.90


6/55

RBPOBT OF THE RXSSTEB OF CW)PYBK)ET8 3EN-Number of registrations ------- -- - - - - - - - - - - - - - - - - - 148,702Number of renewals recorded---,,----,,-------------- - - - , - -,180

Total ---------------------_- - - - - - - - - - - - - - - - , - 158,982Number of certified copies of record------------------------------- 1,772Number of assignments recorded or copied......................... 2805On July 6,1936, the books of the Copyright Office were balanced

for June, the accounts for the fiscal year were closed, and the financialstatements completed for the Treasury Department, showing that allearned fees to June 30 had been paid into the Treasury.

By fa r the largest par t of the business of the Copyright Ofice isdone by correspondence. The total letters and parcels received dur-ing the fiscal year numbered 207,335, while the letters, parcels, etc.,dispatched numbered 188,041. Both figures show a considerable in-crease over last year.

COPYRIQHTDEPOBFlEThe total number of separate articles deposited in compliance with

the copyright law which have been registered during the fiscal year~s 47,663. The number of these articles in each class for the last5 fiscal years is shown in exhibit E. It is not possible ta determineexactly how completely the works which claim copyright &re de-posited, but in response to inquiries received during the year from thecard division, the accessions division, law division, and the readingroom in regaxd to 894 books supposed to have been copyrighted butnot discovered in the Library, i t was found that 63of these works hadbeen received and were actually in the Library; 26 books had been de-posited and were still in the Copyright Office; 93 works were eithernot published, did not claim copyright, or for other valid reasonscould not be deposited; while in the case of 184 works no answers toour letters of inquiry had been received up to June 50,1936. Copieswere received of 528 works in all in response to requests made by theCopyright Office during the period of 12 months for works publishedin recent years.

Our copyright laws have required the deposit of copies for theuse of the Library of Congress, and the act in force demands a de-posit of two copies of American books, and one of foreign booksregistered. The act provides, however, that of the works depositedfor copyright, the Librarian of Congress may determine (I ) whatbooks or other articles shall be transferred to the permanent collec-


7/55

4 REPORT OF THE REGISTER OF COPYBIGHTStions of the Library of Congress, including the law library; (2) whatother books or articles shall be placed in the reserve collections of theLibrary of Congress for sale or exchange; or (3) be transferred toother governmental libraries in the District of Columbia for usetherein. The law further provides (4) that articles remaining un-disposed of may upon specified conditions be returned to the authorsor copyright proprietors.During the fiscal year a total of 144,804 current articles depositedhave been transferred to the Library of Congress. This numberincluded 66,108 books, 62,306 periodical numbers, 11,652 pieces ofmusic, 2,297 maps, and 2,441 photographs and engravings.Under authority of section 59 of the act of March 4, 1909, therewere transferred during the fiscal year to other governmental librariesin the District of Columbia for use therein, 7,216 books. Under thistransfer, up to June 30,1936, the following libraries have received atotal number of books as indicated below since 1909:Department of Agriculture, 4,601; Department of Commerce, 23,-069; Navy Department, 1,877; Treasury Department, 1,496; Bureauof Education, 22,591; Federal Trade Commission, 22,973; Bureau ofStandards, 2,094; Army Medical Library, 9,594; Walter Reed Hos-pital, 2,884; Engineer School, Corps of Engineers, 3,153; Soldiers'Home, 1,600; Public Library of the District of Columbia, 58,841. Anumber of other libraries have received a smaller number of books.I n all, 177,591 volumes have been thus distributed during the last27 years.The Copyright Act of 1909 authorizes the return to copyrightclaimants of such deposih as are not needed by the Library of Con-gress or the Copyright Office, after due notice as required by section60. In the ordinary routine of business or in response to specialrequests 2,878 motion-picture films and 41,831 deposits in otherclasses have been so returned during the fiscal year.

INDEX AND GATAUM OF COPPRIQHTAll copyright entries are promptly indexed. The index cards areultimately inserted into the great card indexes covering all classes

of copyright entries from 1897 to date and now numbering approxi-mately 9,000,000 cards. These cards are first used as copy for theprinted Catalog of Copyright Entries, the current numbers of whichbind up, with annual indexes, to cover for each class all the entriesmade for the calendar year. The annual volumes for 1935 are allcompleted.The subscription price for the complete catalog for the year is $10,and for the separate parts as follows: Pa rt I, group 1,books proper,!$3; part I, group 2, pamphlets and maps, $3; part I, group 3, dra-


8/55

REPORT OF THE REGISTeR OF COPYRIGHTS 5matic compositions and motion pictures, $2; part 2, periodicals, $2;part 3, musical compositions, $3 ; part 4, works of art, photograph,prints, and pictorial illustrations, $2; single numbers (except bookleaflets), 50 cents; annual indexes, each, for complete calendar p a r ,$2; all parts for complete calendar year, $10.

I n February 1936 the O5ce suffered a severe loss in the death of theChief Clerk, William J. Pitner. Mr. Pitner was stricken with aheart attack and died very suddenly in Emergency Hospital, wherehe had previously been w n b e d for several weeks, but was thought t~have recovered su5ciently to return t o his work.He had served in the Copyright O5ce continuously for more than30 years, except for the period of the World War, when he volun-teered in the Army and, a s captain in the Quartermaster Department,made a record for e5ciency which eliciked the special commendationof his commanding o b r .I n the Copyright Office, his unfailing devotion to duty and hisextraordinary capacity for work, his constant watchfulness and un-sparing application of his best efforts for the good of the service,won for him a position of responsibility in the work, and his kindlynature and keen sense of humor a place in the affection of his associ-rtes, that make his loss deeply felt.

COPYRIGHT OFFICE PWLICATIONSThe Office has published during the year the fourth vdume of

"Decisions of the United States Courts involving Copyright", cover-ing the period 192445, as Bulletin No. 20.It contains the oficial reports of all copyright crtses in the courtsso far as the O5ce could discover them and, together with BulletinsNos. 17, 18, and 19 previously published, completes the compilationof these cases since 1909, when the present law went into effsct. Thevolume is sold by the Superintendent of Documents, Washington,D. C., a t $1.50 in doth. The earlier volumes may also be obtainedso far as any are still available.It is the intention of the Office to print these cases annually infuture, in pamphlet form, as a supplement to the Catalogue ofCopyright Entries, which is published periodically at regular inter-vals, subscriptions for which are received by the Superintendent of

Documents.The copyright law of the United Sta tes was reprinted dur ing theFear as Bulletin No. 14 of the Copyright 0 6 ~ 8 . his pamphlet of66 pages, containing not only the text of the law now in force but97980--88--2


9/55

6 REPORT OF TIXE REGISTER OF COPYBIGEWSalso the rules for practice and procedure and a lis t of the foreigncountries with which the United States has established copyrightrelations, may also be purchased from the Superintendent ofDocuments.

INTERNATIONAL COPYRIGHTNo new copyright proclamations establishing mutual protection

with foreign countries have been issued within the year covered bythis report. Meantime the treaty providing fo r entry of the UnitedStates i h o the International Copyright Union has had the attentionof the Senate and been argued in committee hearings.

During this period the following states have declared adhesion tothe Rome Convention of 1928:

Vatican City, effective September 12,1935.Poland, effective Kovember 21, 1935.The Brussels Conference for Revision of the International Con-

vention for the Protection of L iterary and Artistic Works signed atBerne in 1886 and revised at Rome in 1928 was announced to openon September 7, 1936. The Government at Brussels invited theUnited States Government to delegate an official representative tofollow the Conference and, if authorized, to sign the adopted draft,hut to have no vote in the deliberations unless and until the UnitedStates should become a ie mb er country of the Union. Much thoughtand attention were given to the program among the leading Unioncountries and a lengthy agenda was published, together with sugges-tions offered by various countries relating to the questions to bediscussed.Early in June it was officially declared, however, that the BrusselsConference was indefinitely postponed. Notice was published inLe Droit d'Auteur th at the Bureau of the International Union fo rthe Protection of Literary and Artistic Works had been notified bythe Royal Belgium Government that , agreeably to the desire of thecommittee of experts charged with studying a project of a universalstatute of copyright, it had been decided to postpone the diplomati..conference for the revision of the Berne Convention. The newproject contemplates a rapprochement of the Berne and HavanaConventions.

A n international conference for discussion of methods f o r protec-tion of sound records and discs, scheduled to be held at Rome inDecember 1935, was also indefinitely postponed.The Government of Colombia, on January 14, 1936, ratified theConvention on Literary and Artistic Copyright adopted by theFourth International Congress of American States signed at BuenosAirea in 1910.


10/55

REPORT OF THE REGISTER O F COPYRIGHTS 7On June 23, 1936, a new amendment to the Canadian Copyright

Law was assented to. This amendment entitled ('1 Edward VITI.Chap. 28. An Act to amend The Copyright Amendment A&, 1931"provides for the regulation of the activities of any society, associa-tion, or company engaged in Canada in the business of acquiringcopyrights in dramatico-musical or musical works and issuing orgranting licenses for the performance of the same. The act requiresthe filing of a statement by each such society on or before the 6rstday of November of each year setting forth the fees which it pro-poses to charge during the ensuing gear for the performance of workswhich i t controls. The a d also establishes a Copyright AppealBoard composed of three persons to consider the statements of pro-posed fees and any objections which may be made thereto, and toreport its findings to the Minister in char@ of copyright legislation.The Governor in Council is thereupon authorized to prescribe thefees or other charges which the society or association in questio~may lawfully collect.

COPYRIGHT I N CONGRESSThe long, sustained effort for amendment of our copyright lawwas wntinued steadily during the year under review. "In no wuntry

in the world", says Le Droit d'Auteur (the oflicial organ af theInternational Union published at Berne, Switzerland) in it s issue ofNovember 1935, "has the struggle f o r a new copyright law been aslong or as active as in the United States. Moreover, in all thehistory of legislative measures, one will find few examples of anundertaking so bristling with difficulties."

The first move was made soon after the opening of the secondsession of the Seventy-fourth C o n g m . On January 22, 1936, Mr.McAdoo, from the Senate Committee on Patents, tu which was re-ferred the bill (S. 3121) to vest in the Registar of Copyrights theregistration of copyright in prints and labels, reported it out, changedonly by two slight amendments, and submitted a report (No. 1473)thereon.The bill was passed by the Senate on February 4,1936, and sent tothe House, where it was referred to the Committee on Patents. Therei t remained when the Seventy-fourth Congress adjourned.

The bill is intended merdy to transfer to the Copyright OiEw theregistration of copyright in advertising prints and labels heretoforeregistered in the Patent Office under the act of 1874. The PatenbLaw Association of Chicago went on record in a petition favoring theenactment of this bill.l1036 (Reb. 6). An act to vest in the Reglater of copyright^ the registrsUoa ofcopyright prints and labels. In the Honae of Representatives. 8 . 8121, 74th Cong., Zd

reu. Referred to th e Committee on Patanta


11/55

8 REPORT O F T H E REGISTER O F COPYRIGHT'SThe full text of the bill and the report will be found in the addenda

on pages 25-28 of th is report.On January 27, 1936, Mr. Daly introduced in the House a bill toamend the Copyright Act (H. R. 10F132).~ This bill has for its pri-mary purpose the securing of copyright in the "rendition, perform-ance or interpretation" of a dramatic or musical work. It providesfor copyright in phonograph records and proposes furthermore togive to the performer, in the case of music, for example, a copyrightother than the copyright in the musical composition-a copyright inthe performer's particular rendition or interpretation. It eliminatesthe compulsory license provisions of the Act of 1909 and enlbodiesother new features. It was referred to the Committee on Patents.The full text of the bill will be found on page 29 of this report.On February 21,1936, Mr. Sirovich introduced in the House a billt o amend the Copyright Act (H. R. 11374). Due to an error inprinting, the bill was cancelled and all copies were destroyed. I twas supplemented by a corrected print (H. R. 11420)a introduced byMr. Sirovich on February 24, 1936.

This is virtually a new general revision bill although foundedlargely on the present law (act of 1909). It follows to some extentthe Duffy bill passed by the Senate in the previous session but ignoresthe International Copyright Union. I t requires (like the presentlaw) deposit in the Copyright Office of one copy of a work by aforeign author and thus renders impossible any adhesion by theUnited States to the Convention of Rome. I t retains and makes moredrastic the present requirement of American manufacture and thead interim provision, but grants copyright in unpublished works. Itretains the minimum damage clause, omits designs and other provi-sions of the Duffy bill, and contains a number of insertions andchanges. The bill was referred to the Committee on Patents. Itstext will be found printed on page 39 of this report.

Thus the Committee of the House had before it three bills foramendment of our copyright law, viz (1) the Duffy bill (S. 047)'which had passed the Senate with amendments in the previous sessionand which provides specifically for the adherence of the United

* 1936 (Jan. 27). A blll to amend the act entitled "An act to amend and coneolldrltethe act8 respecting copyright", approved March 4. 1909, a s amended, and for otherpurposes. Introduced by Mr. Daly. H. R. 10682, 74th Cong., 2d eess. Referred to theCommittee on Patente.' 936 (Peb. 24). A blll to amend and coneolldate the acts respecting copyright. In-troduced by Mr. Sirovlch. El. R . 11420, 74th Cong., 2d sew. Referred to the Commlt-tee on Patents.4Bor the full text and an outllne of the genesis of thle blll and the amendmentsadded by the Benate, see the 88th Annual Beport of the EegWer of Copyrlghta, 1085.


12/55

BEH)BT OF THE =TER OF COPYRMHTS 9States to the International Copyright Convention, as revised at Romein 1928, under a law amended to meet certain requirements of theConvention; (2 ) the Daly bill (H. R. 10632);and (3) the Sirovichbill (H. R. 11420), the latter two introduced in this session. Therewas also in hand the Sirovich bill (H. R. 5859)5 for ~rotectionofdesigns, which had been introduced in the previous session.Public hearings, 27 in all, were held by the House Committee fromFebruary 25 to April 15, 1936, on the first three of these measures,with special reference, however, to the Duffy bill which, it was under-stood, the committee proposed to amend.The American Society of Composers, Authors and Publishers("ASCAP") opposed this bill in toto chiefly (they announced) be-cause it did not provide for copyright without formalities {automaticcopyright) for American authors. They contended that, in grant ingautomatic copyright to foreign authors while still requiring registra-tion, notice, and deposit of copies for American authors, the bill dis-criminated unfairly against our own people. The argument that,conversely, some forty foreign countries granted automatic copyrightabroad to American authors did not satisfy them. Their secondaryobjection was directed against the elimination from the Duffy bill ofthe $250 minimum damage provision for infringement which is foundin the present law. They contended that the threat inherent in this$250 damages operated as an effective, deterrent to those who wouMotherwise carelessly infringe and that its elimination left the Societywithout adequate safeguards. On the other hand, many speakers tak-ing the opposite view claimed that the $250 damages was in many casesunwarrantably excessive, that ASCAP agents often used it as a clubto force proprietors of small places of entertainment to pay exorbitantlicenses for use of music controlled by ASCAP, as evidenced by in-numerable complaints, some of which were presented at the hearings.The controversy over this subject continued throughout the hearingsand particularly during the sessions of the first 2 weeks, which weredevoted to ASCAP.The minimum damage provision may indeed be said to have beenthe chief bone of contention in the hearings.Numerous speakers presented the A S C M viewpoints, their argu-ments being aimed chiefiy at securing adequate compensation to thecomposer for use of his music over the radio. These petitionersfavored the Sirovich bill.The broadcasters, on the other hand, urged passage of the DuBybill , and, whi1,e not actively advocating entry of the United Stabinto the International Copyright Union, were quite reconciled to

6For the full text of H. R. B858 see th e 88th Annual Report of the gcqfrter d Cm -right& 1086.


13/55

10 REPORT OF THE REGISTER OF COPYRIGHTSou r adherence to the Rome Convention un der the safeguard s affordedby this bill. Contending against wh at they considered th e exorbi-ta nt dem ands of AS CA P, they pointed out th e difficulties whichbroadcasters experience in determining the copy right sta tus of muchof their material with the result that, while quite ready to pay forth e privilege of its use, they were sometimes trapp ed. Moreover, th eoperator of a receiving set could not foresee what was coming nextand s hu t off his rad io to avoid performan ce of a copy righted work.Under such circumstances, and in many o thers, they claimed t ha t the$250 minimum was unwarranted and believed that the penalty pro-visions of the Duffy bill gave to the copyright owner every rightand remedy that protection requires.Th e Authors' Leag ue does not like the Du ffy bi l l, its representa-t3ves at the hearings testified. Th ey admitted th at it is in some re-spects an improvement over the present law because it gran ts divisi-bility .of copyright, protection f or literary man uscripts an d someother things which the authors want. Th eir outspoken objectionswere aimed a t the freedom gran ted in the bill to publishers andproducers in chang ing the titles and even the contents of their w orks,th e too Liberal efforts to protect t he innocent infr inger an d our en tryinto the International Copyright Union which they now opposealthough they formerly favored it. And they want the $250 mini-mum damage provision retained in the law bemuse it operates a s adeterrent. Th eir principal objection, however, was directed againstthe gra nt ing of automatic capyright to foreign authors while with-holding it from American authors who will still be required toregister and depos it the ir works with notice of copyrig ht. Bu t,though objecting to t he D uff y bill, they wer,e not very concrete andspecific in proposals for its amendment, merely referring rathervaguely to the former Vestal bill as being the authors' favorite.Th e Dramatists ' Guild also opposed th e Duffy bill . The ir argu -men t followed very closely th at of th e Authors' League. They, too,opposed entry of the Un ited States into the Internationa l CopyriglitUnion-a reversal of the ir form er attitude. The change in theirattitude is due largely t o the political conditions now prevailing inEu rop e and to the unfa ir treatment accorded to American authors.O the r specific points i n th e Duffy bill which they opposed includedthe moral rights provisions, which, they said, granted the rightsin one paragraph and took them away in the nex t ; the g ran t tha tthe right to produce a motion picture indudes the right to exhibitit, which would interfere with their right of contract with theatricalmanagers because it would permit the motion picture producers to

8For th e text of the Vestal bill as passed by the House in January 1932, see theAnnual Report of the W t e r of Copyright# for 1081.


14/55

REPORT OF TEE RBGISTER OF COPPRdGEIT!S 11exhibit a play without waiting for the dramatic rights in the theatreperformance to expire; the limitrttion of liability in depicting currentevents which (as they believe) weakens the copyright protection ofan author. They argued tha t the bill deprives authors again andagain of rights which it is the very purpose of copyright to give.And they wanted the minimum damage provisions of the a& of 1909retained. I n short they would prefer to continue under the existinglaw.The American Association of Book Publishers, through its repre-sentative, Mr. Frederic G. Melcher, endorsed the Duffy bill, in which,however, the association desired certain amendments. There shouldbe some specification of minimum damages; the "editorial custom"in the moral rights clause should be eliminated, leaving the changesrequired to be adjusted by contract; the United States Governmentshould be required to obtain permission from the copyright ownerfor use of copyrighted material in Government publications, etc.Being internationally minded the association favors the Berne Con-vention in principle and the adhesion of the United States, both forthe sake of justice and for the promotion of good business relations.Other interested parties and organizations represented at the hear-ings expressed the same diversity of views, opinions, and wishes ashas already been illustrated. Among them were the Music Pub-lishers' Protective Association, the American Hotel Association, theNational Association of Performing Artists, the American LibrarySssociation, the National Publishers' Association (of periodical pub-lishers), the Motion Picture Theatre Owners, and the Motion PictureProducers and Uistributors.Some of these supported the Duffy bill, while others opposed it.Some favored entry into the International Union, others rejected it.Some urged retention of the $250 minimum damages, others proposedto reduce it, others wished it eliminated.The manufacturers of phonograph records were granted a hear-ing, at which four companies were represented. These all wantedcopyright in phonograph records covering, particularly, the rendi-tion or interpretation. Some of them urged retention of the exist-ing law relating to compulsory licenses and the two-cent royalties.And they wanted some protection against unauthorized use of theirrecords by broadcasting stations. On the other hand, other speakersurged elimination of the two-cent royal$ in favar of freedom ofbargaining.Arguments in favor of adherence to the Berne Convention a s re-vised at Rome were presentad by Dr. Wallace McClure, AssistantChief of the Treaty Division in the State Department, and by th eformer Register of Copyrights, Thorvaid Solberg. Mr. Solberg


15/55

12 REPORT OF THE REGTSTER OF OOPYRIGHTSreviewed the place that international copyright has held in the vari-ous copyright bills that have been introduced in Congress during thepast ten years. He related the long struggle to get this principle ofinternational comity into our law, and urged passage, now, of theDuffy bill.

Dr. McClure presented the case of the State Department in its wishfor ratification of the convention in order more effectively to pro-tect the foreign interests of American producers, and gave his answerin rebuttal, item by item, to all the various objections and criticismsthat had been presented. .

DEBIGN COPYRIGHT

The Vandenberg amendment, which was inserted in the Duffybill during debate in the Senate, providing for copyright in designsfor articles of manufacture heretofore protected by patent, cameup for considerable discussion at the hearings. It was supportedby Mr. Thorvald Solberg, former Register of Copyrights, who haslong believed in the protection of industrial designs under the copy-right law. Another advocate was Miss Mary E. Bendelari, whomade a lengthy argument for its enactment. The National Associa-tion of Furniture Manufacturers too favored the amendment. Mr.Henry D. Williams, veteran champion of copyright reform, voicedthe opinion that the patent law cannot effectively protect industrialdesigns. They should be protected under the copyright law.A spokesman for the National Retail Dry Goods Association, onthe other hand, opposed this amendment because it leaves the retail-

ers unprotected in selling textiles which might infringe someone'scopyright. He believed that the present method of design patentis more effective and more workable.Hon. Conway P. Coe, Commissioner of Patents, and Mr. ThomasE. Robertson, ex-Commissioner, both spoke in opposition to the pro-posed removal of the registration of designs from the Patent OflGceto the Copyright Office. Mr. Coe explained that a separate designdivision had been established in the Patent Office in which all de-signs are examined within a month, and designs for textiles withina few days, so that there is no longer the same ground a s formerlyfor objection to the design patent procedure on account of the toolong time required.

In general there prevailed a rather common feeling of insecuritywith respect to an attempt to protect designs by a registration in theCopyright Officewithout any examination to determine originality,and a doubt of the practicability of such a plan under which itwas feared that thousands of designs would be registered by irre-sponsible parties and endless suits for infringements would bethreatened.


16/55

Fina lly t+e opinion was expressed th at a m atter as complex as this,requiring rather special provisions as to term of copyright, penaltiesfo r infringem ent, etc., should be th e subject of special legislation ina bill of its own rather than be incerporated in a brief amendmentto the general copyright law, and this view was pubiid y advocatedin th e Jo urn al of t he P ate nt Office Society, December 1935.The hearings were printed and m ay be obtained from the chairmanof the House Committee on Patents.

THE TBEATY IN THE SENATEThe International Convention of the Copyright Union as revisedand signed at Rome in 1920 came up in the Senate for ratificationin its regular order on the calendar on January 13, 1936, and waspassed over on request of Mr. Pittrnan. Th is was the treaty tha t hadbeen ratified by th e Senate in th e previous session (on Ap r. 19,1935)but on request of Mr. DuEy and by unanimous consent the vote hadbeen reconsidered and the treaty restored to the Executive Calendarpending action upon th e co pyr ight bi3l.It came up again on Ju ne 8,1936, and was again passed over. Th echair ma^ of the F oreig n Relations Comm ittee explained tha t the rehad been an agreement that the treaty should be accompanied bylegislation defining and providing for the administration of th etreaty so far as th is country is concerned and that the treaty wasnot to be brought up for ratification until such a bill had beenpassed.The treaty was accordingly again passed over and returned tothe calendar. The chairman explained th at in the next Congressit m ay be reported without the agreement and presented then forra t i fka t iodIt is understood too that the House C o m m it h would resume consid-eration of the various copyright proposals after the ope~ingf t h enew Congress in January 1937, and would introduce in the Housean amendatory bill embodying its conclusions. I f then Sen atorDuffy reintroduces his bill, perhaps with some changes, the stagewill be set for further and possibly final action.Suc h was the situation when th e Seventy-fourth Congress adjournedsine die on Jun e 20, 1936.Respectfully submitted. WXLKUM. BROWN,

Register of Copyrights .HERBERTUTNAM,Librarian of OOT8q~t?.88.


17/55

EXHIBITSP e e

A. Iteceipte------------------------------------------------------ 17B.Fee.8- - - - - - - - - - - - - - - - - - - - - - - - - - - , - - - - 18C. Yearly o o m p a r i s o n - - - - - - - - - - - - - - - - - - - - - - - - - a9D. Registrations . . . . . . . . . . . . . . . . . . . . . . 20E. Artioles deposited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

16


18/55

EXHIBIT ASTATEMENT OF GROSS RECEIPTS, REFUNDS, NET RECEIP!FS, AND FBlEH APP-FOR FISCAL YEAR ENDING JUNID 8 0 . 1 9 8 8

Monthlea5July-..----.....-.---------.--.--------------AugUSt--.-.-.-...-.-----.----.---------------September-.-...-.-.--------------------------0,W . 3 6 6 11 .0 8 18,5!dS.!23 %J,W2.00October.. ......---.--------------.------------5,867.19 4aO.82 25,436.37 28, B l . 30November--..-...--.-------.----,..--.-.-.---2,746.67 881.61 21.78CWI 21,854.60DWfmber-.-..---.-.------------------------.-4,eS.P 466.43 24,16188 22,258.401838Jan- .---..-.-... -.-...------ ----.- WCOB 28Bda24 %,128.40Feb ru w---....---..-.---------------------- 4 i 9 . 7 2 & e 3 % ~ 4 23,404.40March..---.-...-... .--..-.--.---------------April-.--...-......-.-----------------------M a y-..-.....-......-.-.-.....-..--..-.-....June-.-.-----.-.-------------------------------

Total.-...-..--...-.--------------------Balancebrought forward from June 80 1855--.-..-..-.-...----------------------....--..-.-22,88% 27Net reoeiptaJuly 1,1935 to June a 0 , l h :Qrrm recaipts---..--.----------------------------------.----------393,149.RaLessm o u n t refunded-.....-.-.-----..--..--..-.-......-..-...-deddedded.deddeddeddedded.deddeddedded 7, IOS 12-84 041.70

Totaltote mounted for......--.--..--.--...-..nnnnnnnnnnnnnnnnnnnnnnnnn .-..-.-....-08,mQICo might fees a plied July 1,193h to June 8 0 , l W .-...-.-....--.------.----.-----286.211190~&ncacarried &ward to July 1 . 1 W~ n t s tunds-..----------.-.---------------------------------.-------9.sag. 10unfinishedbusinssb.........................................................., 8815 41 aa8 84.or


19/55

EXHIBIT BRWOBD OF APPLIED BEES


20/55

EXHIBIT CSTATEMENT OF OR088 OABH RECEIPTS, YEARLY FEEB, NUMBEB OF REOIBTRA-TIONS, Em., OB 89 FIBQAL YEABS

Daravreinmestrons

--------------------$M----am------------------------------------ -----4,081-- - - - -11,067....-----I, =-------.-.7 . W-- -- ---4,-4,710-------------------------------------------------...---..-......----.------.....--------------------81,066----------

% 16012,90714,811--------------------.....,.,-,----------

Year

4

Inarara,in--om

------------64!B1 8 , w1 6276 , W l '6 1 6 1 ' - - - -1 0 , M4,8806,ULJ1 1 9 7a8B-....-.--...'6,l%6,738aeao.- -774- -6,!27618 tim4 7 l 8 '3,a10,31813,7483,164

Numbad?%F .7 6 646

0m&p tsp ts

a i , m . m1slB-QQ ---- - --- ---- -------- --- 80,w9/m)aqm.m1901-2- ...........................11lQO4-6-..-.--.---.-------------.---11 71907-8---.- -.--. - -- -- -1Wlge W W W W W W W W W W W W W Wl Q @ & l O---..-.-.--------------.--1 9 1 1 11911-12 - -1 9 1 1 31 9 1 3 - 1 ~-----.-..--.---------------1 9 11 9 1 1 61 9 1 1 7 -1 9 1 7 -1918-19-...-----------------------m11 1 - - -iezz-a..--..---.--..--------------111I S 2 7---.-----------.------------1927-!28-..-.----.-.----------------1192940------.--------------------11 1 - 3 2193% ,----------.-------------1 'ls3caa---..--.-.-.---------------i e 3 6 s e---------..-.---------------

T O

3%:76:30!2.8880 440.884 6 l 0 . W87384.31E1 1 3 ' ~ a a . s ~113:661.62120,149.61ll$O68.%3 :1 2 2 , 6 9 6 . ~l l 6 . 6 M . M11 6 608.47,113 BDB.61109: 106.87117 6l6.961 d m . n141,189.881 4 6 , s e a %i a s , e ~ . a a167 705.B1 7 a : ~ l . 9 5lS6,CXrazP191 876.16# n : ~ 4 ! 3322,13&81330,880.763 1 a ~ 4 l284.7l9.20254.764.69253,8aD.B3m , s c a 8 l :zea. re .a

6,889,m.79

64,697.0068,874.W72,6aP.00.78,06S.00'8 0 . 1 0 a 0 0 .64,686.00,Q887.WE3,81&7ii:1 0 4 , 6 4 4 . ~109 918.96 .l ld686.05.114,WO.Mlim,aio.2a :111.9Z.76:112, S 8 . M110,U77.1010&3&&40113,118.001~13.4eazali)l 6% 1613g'616.lS:i r o , m . o o1624,644.901 ~ 8 0 0 .

a m97,mO108,190113,874117 704.1482hldl8l100,074116,198la q ( a 11 1rza,164 '1116,9671 11113 003l i t ~%E3~

178,307.20'28%808.89a.803 8 6 2 9 . 9 0800 414.90 :!280:88190z a O e S a 9 0 '26i691'602S9:881:70'2 8 4 m 9 0

9 8 9 0 , m . 7 0

11,787.:%Og1 .17'2,792.1 8 4 ~16I,736187,424130,04714!2,091'I&-

6,04!&814------

6,8069,914 ,' 10,838------------....------.-at------....-1,-2,684i4,eai

-----


21/55

EXHIBIT DNUMBER OF REGISTRATIONS MADE DURING THE LAST 5 FISCAL YEARS

Class-I Drawings or plastic work8 of a scientiec ortechnicalcharacter 1,697 1,495J Photographs--.----------------------------670K Prints and pictorial illustrations.--..-.-----364 8.143

Subject matter of copyright

Boob:(a) Printed in the United Stam:Books proper..-........------------

1931-32

13,480

183288

10.W

183546

11,748

1933-34 ( 183445-----8,660 11,036


22/55

EXHIBIT ENUMBER O F ARTICLES DEPOBITED DURING T HE LAST 5 FISCAL YEABS

Subject matterof wpyrlght


23/55

ADDENDApU,I An eot to vest in the Register of Copyrights the regiatmtion ofcopyright prints and lab&. (8. 3121). In the Houee of Repre-sentatives February 6, 1936. By Mr. McAdoo----,-,--,----,-,5

11. Report No. 1473, Calendsr No. 1536,to accompany 8. 3121 3anuary16 (calendar day, Jan. 22), 1936. By Mr. MoAdoo,--,-,-,-,--,7111. A bill to amend the act entitled "An act to amend and consolidate theacts respecting copyright", approved March 4, 1909, as amended,and for other purpoees. (3 .R 10632). In the Houm of Repre-sentatives January 27,1938. By Mr. Ddy-,,-,----,-----__--,9IV. A bill to amend and consolidate the acta respecting copyright.(H. R 11420). In the Bourn of Repremntatives February 24,1936. By Mr. Sirovich-,,,-,,,---------------------9

23


24/55

ADDENDUM I

I n the House of Representatives. February 6,1036. Referred to She CommHtmon PatentsAN ACT To vest in the Register of Copyrights the registration of .COpyrig'ntprints and labels.

Be it emoted by th e 8enate and Houee of Repreaentatloee of the United gtatesof America in Congress assembled, That on and afte r Ja nua ry 1,1037, the re&-tration of prints and labels in the Patent Omce under section 3 of the Act entitled"An Act to amend the law relating to patents, trade-marks, and copyrights", ap-proved June 18, 1874 (17 U. S.C. 63), hall be discontinued. All such registra-tions effected prior to January 1,1037, and unespired on that date shall besubject to renewal by the Register of Copyrights a t the expiration of theirterm in like manner, on the same terms, and upon payment of the aame fee asis provided in the case of renewal of other copyrights. Commencing January 1,1937, the Register of Copyrights shal l regiEter a ll claims to copyright properlypresented in prints and labels used or intended to be used in connection withthe sale or advertisement of artic les of manufacture. Application for registrationof copyright pri nts and labels pending in the Paten t Omce a t the close of businessDecember 31,1936, shall be dealt with by the Register of Copyrights with dueregard to the ir actual %ling date.SEC.2, Section 3 of the Act entitled "A n Act to amend the law relatlng topatents, trade-marks, and copyrights", approved June 18, 1874 (17 U. 5. C. 63).is hereby repealed, effective a t the close of business December 31, 1938; excepttha t al l registrations and renewals effected thereunder shall continue in effectfor the balance of the unexpired term as valid registrations of copyright claimssubject to all provisions of existing copyright law.Passed the Senate January 10 (calendar day, February 4), 1836.Attest : BIDWIN A.m,

Bmtaq ! .


25/55

ADDENDUM I1ICalendnr No.16361

[Report No. 14731Registra tion of copyright prints and labels. January 16 (calendar day, J a n u w22). 1 W . Ordered to be printed. Mr. McAdoo, from the Committee on Pat-,en&, submitted the following:

REPORT To accompany Senate bill 3121The Committee on Patents, to whom was referred the bill (S. 3121) to vest inthe Register of Copyrights the registration of copyright pri nts and labels, after

consideration thereof, reports the same favorably, with amendments, and recom-mend that the bill do pass, as amended.The Register of Copyrights, under date of June 11, 1935, submitted thefollowing explanatory statement :"The registration of pr ints advertising articles of manufacture and labelsto go on packages containing such adiclea, has been made in the Patent Omcefor many years under the specific requirement of section 3 of the act of June

18, 1874. Tha t act has now become somewhat of an anachronism. At the timeof it s passage commercial a r t was hardly deemed worthy of copyright protection,which was regarded as appropriate only for serious works of literatu re and art.A great change has taken place in this respect and commercial art, includingmany advertisements, is now equal in value to other types of ar tistlc creations,and there seems no reason why there should be any distinction in the procedurefor protecting i t from tha t which i s required for works of ar t generally. Thereis, therefore, no objection in principle to the transfe r of registration of printsand labels from the Patent O w e to the Copyright Ollie. I n fact, provisionsto bring about this transfer have been features of bills for revision of the copy-right law introduced in Congreas in recent years which had the approval of theRegister of Copyrights.

"In practice, however, the matter i s not of very large importance because theCopyright O5ce in fact registers a great many commercial prints, especiallythose appearing as contributions to periodicale. The practice of the Omceon receipt of an application for registrat ion of a print o r label is to call thenttention of the applicant to the act oi 1874 providing for registration in thePatent Oftice, but if the applicant insists on registration in the Copyright OBcethe Ofece does not refuse to register."Subsequently, under date of July 9, 1195, he Register of Copyrights suggestedfurther :"As me see it, there seems to be no occasion for requiring the transfer tothe Register of Copyrights Of all the flles, documents, and papers now in t hePatent Office relating t o the registration of prints and labels. I mould thereforepropose to amend S. 3121 by inserting a period after 'discontinued' in line Iof section 1 and striking out the remainder of the sentence #rough 'Registerof Copprights.'


26/55

28 REPOBT OF THE REGISTEB OF COPYRIGHTS"I would furthermore propose the requirement that the 'Register of Copy-

rights shal l register' in place of 'Register of Copyrights shall not refuse regis-tration.' The amendment would be to strike out lines 4,5, 6,7,and 8 on page 2and insert instead after 'shall' the statement 'shall register all claims tocopyright properly presented in prints and labels used or intended to be usedin connection with the sale or advertisement of art icles of manufacture'."

The suggested amendments have been adopted by the committee. Othernmendments postpone the effective date of the legislation 1 year from January 1,1936, s proposed in the bill as introduced.The Commissioner of Patents stated, on June 17, 1935:"I can see no objections to the proposed plan. The suggested bill is Insubstance a duplicate of S. 4919 of the Seventy-second Congress, and appears to

be in proper form. The dates fixing the time for the transfer t o take effect,etc., wlll, of course, have to be revised."The registration of print s and labels by the Patent O5ce brings in an annual

revenue of about $13,000,which, I should say, exceeds the amount of expenserequired in looking after the registrations. The transfer would thus depriveth is of ac e of that revenue, but, since it seems desirable to have al l copyrlghtmatters lodged in the same ofice, the slight loss in revenue may be offset by theadvantage to be gained."


27/55

ADDENDUM I11[H. . 10632, 74th CO- 26 Sesslonl

In the House of Representatives. January 27, 1938. Mr. Daly introduced thefollowing bill; which was referred to the Committee on Patents and orderedto be printed

A B I U To amend the Act entltled "An Act to amend and consolidate the Actn respect-ing copyright", approyed March 4, 1909, aa amended, and for other purposes.Be it enacted by the Senate and Houee of RepreeWatCues or the U n h tStates of America in Oongrees aeeembkd, That (a) section 1 of the Actentitled "An Act to amend and consolidate the Acts respecting copyright",

approved March 4, 1909, as amended, is hereby amended by striking out thefllgt five words and inserting in lieu thereof the following: "That the authorand/or interpreter, and/or performer of any work made the subject of copyrightby this Act, or his execu tors or administra tors, or any assignee claiming undera wri tten agreement with him or them, or any of them, the right to copyrightsuch work, or its rendition or performance."

(b ) Subsections ( b) . (c) , and (dl of &on 1 of such Act ar e herebyam.ended to read as follow :

"(b) To translate the copyrighted work into other languages or dialects, orto make any other version thereof, lf it be n iiterary work; to dramatize it;to make from it a motion picture with or without sound or with or withoutdialog; to convert i t into a novel or other nondramatic work, if it be a dramaor a motion picture; to arrange or adapt it, if it be a musical or dramatico-musical work; to complete, execute, and flnbh it, if i t be a model or designfor a work of a rt or for a work of architec ture: Provided, That copyright ina work of architecture shall extend only to artistic character and design andnot to processes or methods of construction ;

"(c) TO deliver the copyrighted work in public fo r profit;"(d) To exhibit the copyrighted work publicly if i t be a motion picture.to perform' or represent it publicly if i t be a drama or a choreographic work

or pantomime or, if it be a dramatic or dramatico-musical work or a motionpicture and not reproduced in copies for sale, to vend any manuscript or anyrecord (subject as hereinafter provided) whatsoever thereof; to make or toprocure the making of any transcription or record thereof, by or from which,in whole or in part , it may in any manner or by any method be exhibited,performed, represented, produced, or reproduced (subjixt as hereinafter pro-vided) ; and to exhibit, perform, represent, produce, or reproduce it in anymanner or by any method whatsoever ;".

(c) Subsection (e) of section 1of ench Act is bereby amended by strikingout the last paragraph thereof, by inserting afte r "( a) hereof," the words"to synchronize it for use in motlon pictures," and by st riking out the secondproviso and by amending the first proviso to read as follows: "Provided, Thatthe provisions of thi s Act, so f ar a s they aecure copyright controlling thepar ts of inst ruments serving to reproduce mechanically a musical work shal linclude only compositions published and copyrighted after July 1, 1909; and

29


28/55

30 REPORT OF THE REQISTER OF COPYR~GHTSsuch provis ions shal l not , except as respects the works of na t ionals of cow-t r i e s wh ich a re pa r t i e s to the Conven t ion fo r the P ro twt ion o f L i t e ra l7 andArt is t ic W orks , or works f i rs t publ ished there in , inc lude the w orks of a fo r-e ign author or composer unless the fore ign country of which such authoror composer is a citizen or subject grants, either by treaty, convention, agree-ment , or law to c i t izens of the United Sta tes s imilar r ights : Provided further,T ha t s uch r igh t s g ran ted in accordance wi th the Conven t ion fo r the Pmtec -t i m of L i t e ra ry and A r t i s t i c Works s ha l l no t app ly to works which have beenlawful ly adapted t o mechanical ins trum ents before this subsect ion, a s amended,takes effect!'(d ) Sec t ion 1 of such Act i s fu rth er amended by add ing aft er subsect ion(4 ) the fol lowing new subsect ions :"(f ) To communicate the copyrighted work to th e public by radio broad-casting, radio facsimile, wired radio, telephone, television, o r other mean s oft ransm iss ion; subjec t to th e r ights of the interp re ter o r performer of suchwork, hereby established." (g ) T ha t th e au thor o f any a r t i s ti c mode l o r de sign in tended to be appliedto or embodied In an y manufactured product , except products intended to beapplied to or embodied in motors, motor cars, motor-car accessories, andproduc t s em plo ~e d n the de sign and manufac tu re o f moto rs , motor ca rs , andmotor-car accessories, may obta in copyright for such model or des ign underthe provis ions of the Copyright Act approved March 4, 1909 (U. S. C., title17), s amended by this Act, an d th a t upon compliance with th e requirem entso f the s a id Ac t and o f th i s Ac t s ha l l t he reby s ecure the r igh t s and remed ie sof th e sa id Act of 1909, nd s ha l l , in add i t ion the re to , a f t e r the da te on whichth i s Ac t s ha l l go in to effec t, secure the exclus ive r ig ht t o apply to or embodyin an y manu factured product , excluding th e products here inbefore excepted,the sa id copyrighted model or des ign: Provided, T h a t w h e n t h e s a id a u t h o r o rhis legal representa t ive , or ass ignee , shal l ha ve caused t he sa id m odel o r des ignto be appl ied to or embodied in a manufactured product which shal l have beensold or offered fo r sa le, the auth or or o ther owner of th e copyrighted model o rdes ign shal l have the r ight to exclude others from se l l ing or dis t r ibut ing suchmanu factured products which embody or conta in copies of the sa id copyrightedmodel or des ign, or imita t ions thereof, or the imita t ion of any chnracteris t icoriginal feature thereof."Amend section 1 y add ing :" ( h ) To pe r fo rm or have pe r fo rmed fo r pub l ic pe r fo rmnnce and /o r fo rprofi t , any rendi t ion or in terpre ta t ion of a w ork by an y mechanical means ,same to inc lude recording or recapturing of and by any mechanical product ionor rendi t ion or interpre ta t io n by any process , means , or method. These r ightsa r e not in t ended to in te r fe re o r cu r t a i l t he r igh t o f th e au thors o f an y com-pos i t ion or work used for s uch rend i t ion o r in t e rp re ta t ion , and a re c rea tedto be in add i tion to s ame , and to p ro tec t such pe rs ons who rende r o r in t e rp re tthem."S m . 2. Th e las t sentence of sec t ion 3 of such Act is he reby amended to r eadas fo llows : "The copyright upon composite work s or periodica ls shal l g ive to theau thor , pe r fo rmer and /o r in te rp re te r , o r o the r owner o f each pa r t o r con-t r ibu t ion the re in a l l t he r igh t s wh ich h e wou ld hav e i f s uch pa r t o r con tr ibu -t ion were individual ly copyrighted in h i s name , and to the pe r fo rmer and /o rinterpre te r th e r ights t o the rendi t ion, performance, o r interp re ta t ion thereof.' 'SEO.3. Section 4 of ~ u c h c t i s he reby amended to read a s fo l lows :"SEC. . T ha t the works f o r wh ich copyr igh t may be s ecured unde r th i s Ac ts ha l l i nclude a l l t he wr i t ings o f an au thor , wha teve r the mode o r fo rm of the i rexpress ion, and a l l rendi t ions and interpre ta t ions of a performer and/o r in-


29/55

REPORT OF THE REQISTEB OF COPYBm%TS 31terpreter of any musical, literary, dramatic work, or other compositions, what -ever the mode or form of such renditions, pedormanoes, or interpretations."

SEC. 4. ( a ) Subsections (f ) and (g) of section 5 of such A& are herebyamended to read as follows:" f ) Maps nnd geographical chart s ;"(g) TVorks of a r t ; models or &signs fo r works of a rt, and ar tist ic model8or designs intended to be applied to or embodied in manufactured products."(b) Subsection (1) of such section, as amended, is hereby amended to readas follows :" 1) Motion pictures ;".(c) Subsection {m ) of such section is hereby amended t o read as foliom:" m) Choreographic works and pantomimes, t he scenic arrangement or ac ting

form of which is fixed in writing or otherwise;".(d) There are heretiy inserted after subsection {m) , as amended, of suchsection two new subsections a s follows:"{n) Works of architecture, or models or designs for archite ctural works ;" ( 0 ) Works prepared expressly for radio broadcasting. or for recording bymeans of electrical or mechanical tmnscript'lon, including programs and con-

tinuities insofar as they embody original work of authorship:".Sm. 5. Amend section 5 by adding:"( n) The interpretntions, renditions, readings, and performances of any work,

when mechanically reproduced by phonograph records, disks, sound-track tapes,or any and all other substances and means, containing thereon or conveying areproduction of such interpretations, renditions, readings, and performances."

SEC. 6. Section 6 of such Act 1s hereby amended by adding thereto thefollowing:"Except that the renditions and interpretations of any work, whether in thepublic domain or not, by any interpreter or performer, are included in thepi~ovisiona f thi s t5tle."

SEC.7. Section 7 of such Act is hereby amended to read a s follows:"SEC. 7. KO copyright shall subskt in any publication of the United S tat es

Government, or any reprint, in whole or in part, thereof: Provided, however,Th at the publication or republication by the Government, either separately orin n public document, of any material in which capyright is subsisting shallnot effect any abridgment or annulment of the copyright or authorize any useor appropriattion of such copyright materi al withou t the consent of the copy-right proprietor."S E ~. Section 8 of such Act is hereby amended to read a s follows:"SEC. . (a) That the copyright secured by this Act shall extend to the workof an author or proprietor or the rendition, performance, or interpretation of aperformer or intepreier, who is a citieen o r subject of a foreign country not aparty to the Convention fo r the Protection of Literary and Artistic Works, only :"(1) When such alien author or proprietor, or interpre ter or performer, s hallbe domiciled within the United States a t the ime of the creation o r flrst pub-lication of his work or interpretation; or

"(2) When the foreign country of which such author or proprietor is a citizenor subject grants, either by treaty, convention, agreement, or law, to citizens ofthe United States th e benefit of copyright on substantially the snme basis a sto its own citizens, or copyright protection substantially equal to t he protectionsecured to such foreign author o r interpreter under thi s Act or by trea ty; orwhen such foreign country is a party to an international agreement whichprovides for reciprocity in the granting of copyright, by the term of whichagreement the United States may, at its pleasure, become a party thereto.


30/55

32 REPORT OF THE REGISTER OF COPYRIGHTS"(b ) The existence of the reciprocal conditions aforesaid shall be determined

by the President of the United States, by proclamation made from time to time,a s the purposes of this Act may require.

"(c ) Authors and performers and interpreters, within the jurisdiction of anyforeign country that is now or may hereafter be a party to the Convention forthe Protection of Literary and Artistic Works, whether their works ar e unpub-lished o r published for the first time in one of th e countries parties to said con-vention, shall have all the rights now accorded or which may hereafter beaccorded by law to nationah of the United States ; and the enjoyment and th eexercise of such rights shall not be subject to any formality: Provided, That asto copyrights in works not previously copyrighted in th e United States no rightor remedy given pursuant to this Act shall prejudice lawful acts done or rightsin or in connection with copies lawfully made, the making of additional copies,or any other continuance of business undertakings o r enterprises lawfully under-taken within the United St ates prior to the date on which the adherence of theUnited States to said Convention for the Protection of Literary and ArtisticWorks becomes effective; and the author or other owner of such copyright orpersons claiming under him shall not be entitled to nny remedy against anyperson who has, prior to such date, taken any action in connection with th eexploitation, production, reproduction, circulation, or performance (in a mannerwhich a t the time 'was not unlawful) of any such work whereby he has incurredexpenditure or liability; nor shall rights in respect of the fur the r use of copiesor other forms of reproduction be in any manner impaired."

SEO. 9. Section 9 of such Act is hereby amended to read a s follows:" S m 9. That the author, performer and/or interpreter, or other persons

entitled thereto by this Act may secure copyright for their work by publicationthereof with t he notice of copyright required by thi s Act; and such notice shal lbe afExed to each copy thereof published in the United S tates by authorityof the copyright proprieto r; and in th e case of renditions and interpretationsby radio broadcast seeking ad-interim protection a s provided fo r under seetion 21 of this title.''

Sm. 10. Section 10 of such Act is hereby amended by adding the following:"Registration of composite works or periodicals by th e proprietor thereof shal lInure also to the benefit of the author or other owner of each independent partor contribution therein to the same extent as though such part or contributionwere separately registered."

SEC.11. Section 11 of such Act is hereby amended to read a s follows:" S m 11.That copyright may also be had of the works of a n author or the

renditions or interpretations of a performer, which copies are not reproducedfor sale, by the deposit, wl th claim of copyright, of one complete copy of suc hwork if it be a lecture or similar production, or a dramatic, musical, or dramatic+musical composition; by a title and description; if it be an intended renditionor performance or interpretation of any work heretofore mentioned; of a titleand description with not less than five prints taken from different sections ofthe film, if the work be a motion-picture photoplay; by a photographic print,if the work be a photograph; by a title and description, with not less than twoprin ts taken from different sections of a complete motion picture, if the workbe a motion picture other than a photoplay; or of a photograph or otheridentifying reproduction thereof, if it be a work of ar t or a plastic work ordrawing. But the privilege of registration of copyright secured hereundershall not exempt copyright proprietors from the deposit of copies undersections 12 and 13, and 21 of thi6 Act, where the work is later published."

SEC. 12. Section 12 of such Act is hereby amended by striking out the word8"reproduced in copies fo r eale" and inaertlng in lieu thereof the word "pub-


31/55

lished" and by inserting a t the end of tha t sentence: ":Prouid.ed, That in thecase of an artistic model or design intended to be applied to or embodied inany manufactured product, there shall be depoeited, promptly after suchmanufacture has taken, place, five copies of photographs or other identifyingrepresentations of sa id manufactured produce together with an applicationfor the registration of a claim of copyright containing a statement of the dateupoq which the said manufactured product was sold or offered for sale; fromwhich recorded date the term of copyright in the manufactured product shallbegin to run and this special protection shall terminate twenty years aftersaid date, and in the case of renditions and interpretations for broadcasting,a s provided for under section 21" and by amending the last sentence to readas follows: "With the exception of actions or proceedings for infringement ofworks entitled to copyright without formality, for ad-interim copyright, noaction or proceeding shall be maintained for infringement of copyright in an ywork until the provisions of thi s Act with respect to the deposit of copies andregistration of such work shall have been complied with."SEC.3. Section 15 of such Act , a s amended, i s hereby amended to read asfollows: "That d l copies of any copyright material in th e English language

whlch shall be distributed in the United Sta tes in book, pamphlet, map, or~ h e e torm shall be printed from type set within the limits of the United States.either by hand or by the a id of any kind of typesetting machine, and/or fromplates made within t he limits of the United States; or, if the text be producedby lithographic, photogravure, or photoengraving, or any kindred process or an yother process of reproduction now or hereafter devised, then by a process whollyperformed within the limits of the United Nates; and the printing or otherreproduction of the text , and the binding of the said book or pamphlet, shallbe performed withln the limits of the United States. Said requirements shallextend also to any copyright illustrations, maps, or cha rts within any book orpamphlet, or in sheet form, and shall further he required of the manufactureof all records, disks, sound tracks, or other mechanical means of the repro-duction of renditions and interpretations. Said requirements shal l not apply toworks in raised characters for the use of the blind."QEC. 14. Amend section 16 by adding: "In the case of records, disks, sound

tracks, or other means of carrying the rendition8 and interpretations of per-formances, the as da vi t shall set forth the name, place, and time of manu-facture, ~ n dn the case of those performed by radio broadcasting, the date,hour, and place of such broadcast."Sea 15. (a) Section 18 of such Act is hereby amended to read a s follows:"SEC.18. That the notice of copyright required by thi s Act, a s amended,

shall consist of 41) the word 'copyright', or the abbreviation 'copr.', or theletter 'C' enclosed within a circle; (2) the name of the copyright owner, orhis initials, monogram, mark, or symbol, provided his name appears in rea-sonable proximity thereto; 43) the year when the copyright began. In thecase of any work in book form, the notice shall be plnced upon the t i t b page, orthe page immediately following. In the case of a newspaper, magazine, orperiodical, such notice may also be placed in the editorial and publishing statement or table of contents: Provided , That one notke of copyright In each vol-ume or In each number of a newspaper, magnzine, or periodicnl published shallsuffice: Provided further, Tha t t he notice of copyright in a newspaper, maga-zine, periodical, or other composite work shall be deemed su5dent to coneti-tu te due notice of copyright on behalf of each individual author entitled tocopyright in any of the individual part s or contributions therein, notwith-standing any variance between the date in such notice and the date when copy-right in any such par t or contribution began: Provided further, That in the


32/55

case of anonymous or pseudonymous nrorlis a notice with the n a m e of th epublisher shall be sufficient to p ro tec t the a u t h o r or o th er o wn er of the copy-right, and in the case of disks, records, sound tracks, and so for th , car ry ingreproduction of renditions an d interpreta tions, upon the labels of such d isks ,records, and sound traclia"(b ) Section 19 of such Act i s hereby repealed.S m 18. Section 20 of such Act is hereby amended to re ad a s fo l l ow :"SEO.20. Tha t where the author o r o ther owner of a copyr ight has sought tocomply with the provisions of this Act with respect to notice, the omission byaccident or m istake of the prescribed notice, or a ny er ror a s to th e name of thecopyright owner of the date of copyright or the position of the notice, shall notinvalidate the copyright or deprive the author or other owner thereof of anyof his rights unde r this Act, or, except a s otherwise provided in th is Act, a samended, prevent recovery for infringement against any person who, afteractual notice of the copyr ight , begins an under taking to inf r inge i t , bu t shallprevent the recovery of damages against an innocent inf r inger who has heenmisled by the omission of or error in the notice; and in a suit fo r inf r ingementno permanent injunction shall be had unless the copyright owner shall reimburseto the innocent inf r inger h is reasonable outlay innocently incurad , or suchproportion thereof, as the court, in its discretion, shall direct."SEC.17. Section 21 is hereby amended t o read a s follows:"SEC. 21. In the case of a radio broadcast of any rendition or performance, thedeposit in the Copyright Offlce, prior to such performance, of a description of theti t le and th e work in tended to be rendered o r performed with a request for thereservation of the copyright an d a sta tem ent of the nam e of t he performer an dthe d ate of the proposed broadcast shall secure to th e performer an ad- in ter imcopyright in such rendition, interpreta tion, and performance, which shal l hav e allthe force an d effect g iven to copyr ight by th is t i t le an d shall endure un ti l t heexpiration of sixty days after such deposit in the Copyright Offlce and continuefor th e fu l l copyr ight term an d renewals thereof , under th is t i t le , if two copiesof a reproduction of such broadcast rendition, interpretation or performance bedeposited in the Copyright Oflice."SEU 18. Section 22 of such Act is hereby repealed.SEQ 19. Section 23 of such Act is hereby amended to read a s fo l l ow :"Sm. 23. Th at th e term fo r which copyright is secured by this Act shal lendure for f if ty-six years f rom the da te of Ers t publicat ion; or , in case of un-published works , f rom th e dat e of th e creation of the work a s shown in therecords of the Copyright Office and a s indicated by the copyright notice a f k e dto such work if and when published, or, in th e absence of such notice an d record,a s o therwise proved; a t the expiration of which t ime i t shall terminate: I%-vided, That for works registered under section 11of th is Act prior t o the datewhen this section, as amended, takes effect, the copyright shall endure for fif ty-six years from th e dat e of deposit of t he copy or othe r mate rial specified in sa idsection 11: Provided further, Th at (1 ) th e te rm sh a l l no t in an y case exceedfifty-six years; (2 ) the term shall not, except as t o works copyrighted in t heUnited States a t the t ime w hen th is Act, a s amended, takes effect, exceed theterm granted1 in the country of origin of the wo rk; and (3 ) no copyright sha llsubsist in any work which Is in the public domain (except in rendit ions andinterpretations a s provided for by section of this title) because of th e expira-tion of the term of protection in the United Statee, or, if i t has not been copy-righted in the United Sta tes, because of the expira tion of the term of protectionin the country of or ig in : And prouided further, Tb a t th e wo rks o f an y au th o rentitled t o copyright without form ality under section 8 of this Act, as amended,


33/55

REPCStT OF THE ILEWSTEB OF COPYRIGHTS 35may be reg iste kd in the Copyright O&e upon the filing of a suitable application,under rules of the Register of Copyrights, stat ing th e date of Br& publication o rcreation of t he work and upon deposit of one copy of th e work if published, or ofsuitable identifying material if unpublished, and the payment of th e fee specifiedin section 61, as amended: And prodded further, That w assignment of thecopyright and no gra nt of nny interest therein made by th e author shall beoperative to vest in the assignee or grantee any rights with respect to the copy-right in the work beyond the expiration of twenty-eight years from th e date o icopyright, and the reversionary interest in the copyright expectant a t th etermination of tha t period shall, notwithstanding any agreement to the contrary,devolve on the autho r of such work if living, or the widow, widower or c hi me nof the author if the author be not living, or if such author, widow, widower, orchildren be not living, then on tbe author's executors, or in the absence d a will,his next of kin, and any agreement entered into by the author as to the disposi-tion of such reversionary interest shall be null and void."

SEU. 20. Section 24 of such Act is hereby amended to read as follows:"SEC. 24. That the copyright subsisting in any work when this section, asamended, takes effect sha ll be continued until the expiration of Mty-six yearn

from the da te of the beginning of the term of the original copyright in thework. If, on the date when this section, as amended, takes eKect, less thantwentyeight years have elapsed since the copyright began, then the copyrightfor t he period of such continuation beyond twe ntyeight years shall vest, onthe date when this section, as amen&d, takes efoect, in the person or pemotlsliving on said date, or the proprietor in cases specifled in sections 23 and 24of this Act, prior to the date when this section, as amended, takes &ect, whowould have been entitled to the renewal term under this Act prior to the datewhen this section, as amended, takes effect, subject to any agreement, valid inlaw or equity, which may have been made for the disposal of the renewal termprior to the date when this section, as amended, takes effect: Prouided, Thatin the case of a periodical or other composite work the continued term shallinure to the beneflt of the proprietor with respect only to t he work a s a whole,and to each contribution or pa rt a s to which he would have been entitled t othe renewal term under this Act, prior to the date when this section, as amended,takes effect, by virtue of any contract or agreement with the author."

Sso. 21. Section 26 of such Act is hereby amended by adding:"( f) I n the case of the infringement of any rendition, interpretation, or

performance by any means whatsoever, shall not exceed the sum of $6,000, orbe less than $260."Sm. 22 Section 30 of such Act is hereby amended to read as follows:"SEC.30. Tha t the importation into the United States of any article bearing

rl false notice of copyright when there is no existing copyright therein in tbeUnited States, or of any piratical copies of any work copyrighted in the UnitedStates, as well as adapta tions of musical compositions to instruments servingto reproduce them electrically or mechanically, if they wouM be unlawful inth e United States, is prohibited."SEC 23. (a) The Brst paragraph of section 31 of such Act is hereby amendedto read as follows :

"Sw. 31. That during the existence of copyright under th is Act in any bookin the English language, when an authorized edition thereof shall have beenproduced, or shall be in process of production, in accordance with the provisionsof section 16 of this Act, as amended, irrespective of whether compliance withthose provisions was essential to obtain copyright for the work under this A&,the importation into the United S t a m of any copies of such book not so prct


34/55

36 REPORT OF THE REGrSTeR OF COPYRIGHTSduced (althou gh authorized by the author or proprietor) or any plntes of thesame not made f rom type set with in th e l imits of t he United Stat es shall be,and is hereby, prohibited: Provided, however, Th at such prohibition sha ll notapply :".(b) Subsection (d) of such section is hereby amended by striking out thesemicolon at the end of the paragrap h marked "Firs t" and inser t ing in l ieuthereof a comma and the fo l lowing: "except that said au thor may impor t notmore tha n f ive copies , for ind iv idual use and not for sa le ;".SEC.24. Section 41 of such Act is hereby amended to read as follows:"SEC 41. ( a ) T h a t th e cop y rig ht i s d i s t in c t f ro m th e p ro p erty in th e m ate r ia lobject copyrighted, and the sale or conveyance, by gift or otherwise, of thematerial object shall not of itself constitute a t ransfer of the copyr ight , norshall the ass ignment of t he copyright consti tu te a tra nsfe r of the t i t le to th emater ial ob ject; bu t noth ing in th is Act shall be deemed to forb id , prevent ,or restric t the tran sfer of any copy of a copyrighted work t he possession ofwhich has been lawfully obtained."(b) Independently of the copyr ight in an y work secured under th is Act, a samended, and even af ter ass ignment thereof , the au thor retains the r ight toclaim the au thorsh ip of the work a s well as th e r ight to object to every deforma-tion, mutilation , or othe r rnodiflcation of th e said work which may be pre judicialto h is honor or to h is reputat ion: Provided , however, Th at noth ing in th is para-graph sh all limit or otherwise affect the right of fu ll freedom of contrac t be-tween the au thor of a work and an ass ignee or l icensee thereof , o r invalidateany express waiver or release by the au thor of any such r ights or of anyremedies or relief to which he might be entitled in consequence of a violationthereof, and the assignee or licensee of th e author 's moral r ight m ay, with theauthor 's permission, make any change in the work which the author himselfwould have ha d a r ight to make pr ior to such ass ignment."In th e absence of special contract , o r notice by the au thor a t the t ime h econsented to th e use of his work, the nece ssary editing, arrang ing, or ndaptationof such work for publication in book form or for use in a newspaper, magazine,

or periodical, in broadcasting, in motion pictures, or in mechanical or electricalreproduction, in accordance with customary standards and reasonable require-ments, shall not be deemed to contravene th e right of a utho rs reserved inth is section: Provided , Tha t noth ing in th i s section sha ll be deemed to al t er o rin any manner impair any r ight or remedy of a n au thor a t common law or inequity."SEC.25. Section 42 of such Act is hereby amended to read as fo l lon?:"SEC. 42. Th at the au tho r or o ther owner of a ny copyr ight secured und er th isAct a s amended, or of a ny copyright heretofore secured un der any previousAct, may t o the ex tent of h is in teres t therein , by wr it ten ins trument s ignedby h im or h is duly au thor ized agent , executed af t er th is Act, a s amended,tak es eEect, assign, mortgage, license, or otherwise dispose of the enti re copy-r ig h t or any r ight or r ights comprised therein , ei ther wholly or separately ,eith er generally or subject to limitations, fo r a period not exceeding twenty-eight years from t he da te of th e copyright, or fo r a specifled territo ry orter r i tories , and may bequeath the same by wil l. Bu t no ass ignment, mortgage,license, or oth er disposition of said copyright, or an y right or r ig hts comprisedtherein, shall be valid except a s between t he par t ies thereto , un less i t is inwriting signed by the owner of the right in respect of which such instrumentis made, or (except in the case of a will) by his duly authorized agent. Th eaut hor, or other owner of an y copyright, or an y person or persons deriving an yr ight , t i t le , o r in teres t f rom an y author o r o ther owner a6 aforesaid , may each ,


35/55

REPORT OF TEE REGISTeA OF COPYWHTS 37separa te ly, for himself , in hls own nam e as par ty t o a sui t , ac tion, or proceed-ing, protect an d enforce such r ights a s he may hold, and, to the exten t of h isright, t i t le, and interest, is entit led to the remedies provided by this Aet, seamended. The provisions of this Act a s to the acknowledgement of assignmentsand recording them in the Copyright Oflke are applicable to the instrument#referred to in this paragraph."In the absence of any agreement to the contrary, l icense to publish a workin book form, or in a newspaper, magazine, periodical, or other compositework, shall not be deemed to convey any other right than the rlght of publica-tion as a book, or in a newspaper, magazine, periodical, or other compositewor k, respectively; nor sh all license for an y specified use of a w ork be deemedto convey a right to use i t in any other manner."SEC. 26. Section 54 of such Act is hereby amended by striking out the periodnt the end of such section and inserting in l ieu thereof a colon and the fol-lowing: "Provided, Th at any incorrect entry m ay be corrected by the fil ing ofa new and correct application accompanied by the required copy, or identifyingmater ia l , and the fee as in the case of an original entry. The application fo rsuch corrected entry shall also be accompanied by a n affidavit swo rn to by th eowner of the copyrlght se t t ing fo W the fac ts upon which the request for thenew entry is based. I n case of a dispute a s to the ownership of copyright, theSupreme Court of the District of Columbia may, upon due cause shown, orderth e cancelation or correction of any entry. No liability sh all be incurred ,however, on the par t of an y person who, in reliance upon a n erroneous entry,shal l have printed, performed, or otherwise used, the copyrighted work co ntraryto the rights of the actual owner!'SEC. 27. Section 80 of such A ct i s hereby amended by inser t ing af ter thewords "to be destroyed" the words "or returned to the copyright owner:".SEC. 28. Sectloq 61 of such Act is hereby amended by str iking o ut th e follow-ing : "For recording the renewal of copyright provided for in aections twenty-three and twenty-four , $1."Snc. 29. Section 62 of such Act is hereby amended to read a s follows:"SEC. 82. (a ) Th at in the interpretation and constructton of this Act ' the da teof publication' sh all in the cas e of a wo rk of which copies are reproducedfor sale or distribution be held t o be th e earliest date when copies of the firstauthorized edition were placed on sale, sold, or publlcly dist r ibuted or m d eavailable for ren ting or l icensing, by the proprietor of the copyrlght o r underhis authori ty ."(b ) In th e absence of agreement to the contrary, whe re any work is createdby a n employee wit hi n the scope of h is employment, his employer shall beregarded a s the assignee, even w ithout a written assignment, and sha ll be theowner of the copyright in such work ; but th is provision shall not apply tuwork s created under special commission whe re there is no relation of employerend employee, unless the parties agree otherwise."(c) Copyright in the photograph of a single individual shall not be hadexcept with the written consent of the person photographed!'S m 30. That nothing in this Act shal l be const rued as in contravention ofany obligation of the United States exlsting hy vir tue of any t rea ty to whichthe United S ta tes i s a par ty.SEC. 31. That the President i s hereby authorized and requested to take a l lstep s and perform a ll acts necessary to make the United S tates a m ember ofthe Union for the Protection of Literarp and Artfstic Works.SEC. 32. Interpre ters and performers under this Act shal l inc lude interpmters, pellorm ers, actors, lecturers, an d conductors, and the rig hts afforded them


36/55

38 REPORT OF THE REGBTER OF COPYRGHTSfor their rendit ions , in terpretat ions , and performances shall not be construed toin ter fere with the r ights accorded authors and composers , and said r ighta arefree and independent of e ach o ther , and the es tabllsh lng or maintenance of th erigh ts of th e one shall not include those of the ot her class.

SEC.33. That th is Act shall take ef fect on August 1, 1936, x c ep t a s t o set-tion 30, which shall ta ke effect on th e dat e of enactm ent of this A

US Copyright Office: ar-1936

Documents

Transcript of US Copyright Office: ar-1936