Copyright Act of 1909

8/6/2019 Copyright Act of 1909

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AN ACT TO AMEND AND CONSOLIDATE THEACTS RESPECTING COPYRIGHT.

Be it enacted by the Senate and House of Representa-tives of the United States of America in Oongres8 assembled, That any person entitled thereto, upon complying with the provisions of this Act, shall have the exclu

6 sive right:( ) T - t . t blish d d th EJ:clnelY8a 0 print, repnn, pu ,copy, an ven e right to Prlnllcopyrighted work; ~ : n ~ l t I b an

(b) To translate the copyrighted work into other Ian- r 1 g : " J : t ~ I ~ : ' : : . ~ guages or dialects or make any other version thereof if it late. dramatize,, , ar range and

10 be a literary work; to dramatize it if it be a nondramatic adapt. etc.work; to convert it into a novel or other nondramaticwork if it be a drama; to arrange or adapt it if it be amusical work; to complete, execute, and finish it if it bea model or design for a work of art;

(c) To deliver or authorize the delivery of the copy- E:o;c I n II I v e15 rlgbt to deliverrighted work in public for profit if it bea lecture, sermon, ; : O ~ ~ ~ i c . B e r-address, or similar production;

(d ) To perform or represent the copyrighted work To representoJ dramaticPublicly if it be a drama or if it be a dramatic work and works. or make, record, or ex-d . . f I d . blblt or per20 not reproduce m copies or sa e, to ven any manuscript form, etc.or any record whatsoever thereof; to make or to procurethe making of any transcription or record thereof by orfrom which, in whole or in part, it may in any manneror by any method be exhibited, performed, represented,

25 produced, or reproduced; and to exhibit, perform, represent, produce, or reproduce it in any manner or by anymethod whatsoever;


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COPYRIGHT LAW OF THE U ~ I T E D STATES.To perform ( e) To perform the copyrighted work publicly form u s t e and . , .make arrange- profit if it be a musical composition and for the purposemenlo setting,

or record. of public performance for profit; and for the. p ~ r p o s e s set forth in subsection (a) hereof, to make any arrangement or setting of it or of the melody of it in any systemof notation or any fom of record in which the thoughtof an author may be recorded and from which it may be

Act not ee- read or reproduced: provided, That the provisions of thistroaet1ve. Act, so far as they secure copyright controlling the. partsof instruments serving to reproduce mechanically the 10musical work, shall include only compositions published

!I I u a I e by and copyrighted after this Act goes into effect, and ,shallforeIgn author. not include the works of a foreign author or composer

unless the foreign state or nation of which such authoror composer is a citizen or subject grants, either by treaty, 15convention, agreement, or law, to citizens of the UnitedStates similar rights: And provided further, and as acondition of extending the copyright control to such. me-

Control of chenical. reproductions, That whenever the owner of am e e h a n Lea l d .musIcal repro- musical copyright has used or permitte or knowingly 20dnetton. acquiesced in the use of the copyrighted work upon theparts of instruments serving to reproduce mechanicallythe musical work, any other person may make similar useof the copyrighted work upon the payment to the copy-

Royalty fo r right proprietor of a royalty of two cents on each such 25use of mnsleon ~ r d 8 , etc. part manufactured, to be paid by the manufacturer thereof; and the copyright proprietor may require, and if 60the manufacturer shall furnish, a report under oath onthe twentieth day of each month on the number of partsof instruments manufactured during the previous month 30serving to reproduce mechanically said musical work, androyalties shall be due on the parts manufactured duringany month upon the twentieth of the next succeedingmonth. The payment of the royalty provided for by thissection shall free the articles or devices for which such 35royalty has been paid from further contribution to thecopyright except in case of public performance for profit:

NotIce ot use And provided further, That it shall be the duty of theot musi c onrecords, copyright owner, if he uses the musical composition himself for the manufacture of parts of instruments serving 40

License to to reproduce mechanically the musical work , or hcensesuse music on .r ecords. others to do so, to file notice thereof, accompanied by a


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AOT OF MAROH , . 1900 (IN EFFECT JULY 1, 1009).recording fee, in the copyright office, and lUly failure tofile such notice shall be a complete defense to any suit,action, Or proceeding for any infringement of such copyright.

5 In case of the failure of such manufacturer to pay to lI':a1lore tothe copyright proprietor within thirty days after demand par ro"altieLin writing the full sum of royalties due at said rate at thedate of such demand the court may award taxable costs tothe plaintiff and a reasonable counsel fee, and the court

10 may, in its discretion, enter judgment therein for anyBUm in addition over the amount found to be due asroyalty in accordance with the terms of this A.ct, notexceeding three times such amount.

The reproduction or rendition of a musical composition Reproduction 0 t mlllic . 0 n15 by or upon coin-onerated machines shall not be deemed acoin-Olleraled,.- machInes.public performance for profit unless a fee is charged foradmission to the place where such reproduction or rendition occurs.

SEC. 2. That nothing in this Act shall be construed to R1l!htatcom. . . mon .....aw or In20 annul or limit the right of the author or proprietor of an equity.unpublished work, at common law or in equity, to preventthe copying, publication, or use of such unpublished workwithout his consent, and to obtain damages therefor.

SEC. 3. That the copyright provided by this Act s h a l l c ~ m I l t o D e D tI1Brtm 0 COIl'"25 protect all the copyrightable component parts of the rlghtable work.work copyrighted, and all matter therein in which copyright is already subsisting, but without extending theduration or scope of such copyright. The copyright upon Com I10llte. worb ur perl composite works or periodicals shall give to the pro- odlcalB.

80 prietor thereof all the rights in respect thereto whichhe would have if each part were individually copyrightedunder this Act.

SEC. 4. That the works for ~ h i c h copyright may be t e c ~ e X k B p eosecured under this Act shall include all the writings of

85 an author.SEC. 5. That the application for registration shill spec- CIaBBlftu.. . tion ot cOIl,. ify to which of the following classes the work i l l which right work8.

copyright is claimed belongs:(a ) Books, including composite and cyclopredic works, BIOOA, com po l te, QC 040 directories, gazetteers, and other compilations; ~ ~ ; c t : ~ f ~ : (b) Periodicals, including newspapers; gazetteer&, etc.


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OOPYRIGHT LAW OF THE UNITED STATES.(c) Lectures, sermons, addresses, prepared for oral de

livery;(d) Dramatic or dramatico-musical compositions;(e) Musical compositions;(f) Maps; 5(g) Works of art; models or designs for works of art;(h) Reproductions of a work of art;(i) Drawings or plastic works of a scientific or tech

nical character;(j) Photographs; 10(k) Prints and pictorial illustrations:

d ~ u : . ~ ~ c a J : : t ~ Prooided. , neoertheleee, That the above specificationscopyrIght. shall not be held to limit the subject-matter of copyrightas defined in section four of this Act, nor shall any error

in classification invalidate or impair the copyright pro- 15tection secured under this Act.

Co.mPllatloDS, SEc. 6. That compilations or abridgements, adaptaabr dgmen ts.dramatlza-tions arrangements dramatizations translations ort IonB. t r a n s - ' , , ,:SW1:'n8. ne" other versions of works in the public domain, or of copy righted works when produced with the consent of the 20proprietor of the copyright in such work, or works republished with new matter, shall be regarded as new workssubject to copyright under the provisions of this Act; butthe publication of any such new works shall not affect

c o ~ ~ ~ U t ~ {the force or validity of any subsisting copyright upon 26alf'ectec! . the matter employed or any part thereof, or be construed

to imply an exclusive right to such use of the originalworks, or to secure or extend copyright in such originalworks.

Not subject- SEC. 7. That no copyright shall subsist in the original 30matter ot f k hi h i . h bli d . .COPy rig b t ; text 0 any wor w IC IS III t e pu re omam, or III anyworD Iri pub- . . . . .lie domaln; work which was published III this country or any foreigngovernmentpnbllcatlons. country prior to the going into effect of this Act and hasnot been already copyrighted in the United States, or inany publication of the United States Government, or any 3lSreprint, in whole or in part, thereof: Provided, however,That the publication or republication by the Government,either separately or in a public document, of any materialin which copyright is subsisting shall not be taken tocause any abridgement or annulment of the copyright or 40to authorize any use or appropriation of such copyrightmaterial without the consent of the copyright proprietor.


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ACT OF MARCH 4, 1909 (IN EFFECT JULY 1, 1909).SEC, 8, That the author or proprietor of any work made Copyrlgbt toau tbor or pro-the subject of copyright by this Act, or his executors, r e ~ : : a t ~ ~ I : ~

administrators, or assigns, shall have copyright for such IDA dwork under the conditions and for the terms specified in

5 this Act: Provided, however, That the copyright securedby this Act shall extend to the work of an author or pro Fore11rD aopnetor who is a citizen or subject of a foreign state or tbors wbo may, secure copynation , only' r lgbt protee' t foa,(a) When an alien author or proprietor shall be domi- AlleDautborsdomiciled ID10 ciled within the United States at the time of the first U. 8.publication of his work; or

(b) When the foreign state or nation of which such w b ~ D D t ~ ~ ' ; ; ' ~ i au th . tor I iti biject grants, eith or CODD t r iesor or proprie or IS a CI izen or su er granting reclp ti t I . ' , f rocal rlgbts.by trea y, conven ion, agreemen ,o r to citizens 0 . aw,

15 the United States the benefit of copyright on substantiallythe same basis as to its own citizens, or copyright protection substantially equal to the protection secured tosuch foreign author under this Act or by treaty; or whensuch foreign state or nation is a party to an international a i r ~ ~ ~ ~ r . c l D a l

20 agreement which provides for reciprocity in the grantingof copyright, by t terms of which agreement the UnitedStates may, at its pleasure, become a party thereto,

The existence of the reciprocal conditions aforesaid p r = : : : ~ ~ ~ ~ l shall be determined by the President of the United States,

~ by proclamation made from time to time, as the purposesof this A ~ may require.

SEC, 9. That any ' person entitled thereto by this Act w : ; g b ~ ~ ~ ~ I ~ may secure copyright for his work by publication thereof : . f ~ ~ ~ s copywith the notice of copyright 'required by this Act; and30 such notice shall be affixed to each copy thereof publishedor offered for sale in the United States by authority ofthe copyright proprietor, except in the case of books seeking ad interim protection under section twenty-one of thisAct.

85 SEc. 10. That such person may obtain registra.tion of o r ~ ~ ~ ~ t o n his claim to copyright by complying with the provisionsof this Act, including the deposit of copies, and upon suchcompliance the register of copyrights shall issue to himthe certificate provided for in section fifty-five of this Act. c e ; t i c : t ~ . l g b t

40 SEC. 11. That copyright may also be had of the works p r o ~ ~ ~ J ~ n l g of an author of which copies are not reproduced for sale , ~ n g r u k b s l : ' 8 r e e c c t . . it . h clai f . ht f 1 te tures dramaaby the depOSI, WIt aim 0 copyng ,0 one comp e mU81c, etc .


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OOPYRIGHT LAW OF THE UNITED STATES.copy of such work if it be a lecture or similar productionor a dramatic or musical composition; of a photographicprint if the work be a photograph; or of a photographor other identifying reproduction thereof if it be a work

Deposit o to f art or a plastic work or drawing. But the privilege 5copies afterpublication. of registration of copyright secured hereunder shall notexempt the copyright , proprietor from the deposit of

copies under sections twelve and thirteen of this Actwhere the work is later reproduced in copies for sale.

Two com- SEC. 12. That after copyright has been secured by pub- 10plate copies ot "beet edition. lication of the work with the notice of copyright as provided in section nine of this Act, there shall be promptlydeposited in: the copyright office or in the mail addressedto the register of copyrights, Washington, District ofColumbia, two complete copies of the best edition thereof 15then published, which copies, if the work be a book orperiodical, shall have been produced in accordance withthe manufacturing provisions specified in section fifteen

PeriodIcal of this Act j or if such work be a contribution to a pericontributions. ', odieal, for which 'contribution special registration is re- 20quested, one copy of the issue or issues containing such

W.rk not re- contribution j or if the work is not reproduced in copiesproduced In .,oples tor sale. for sale, there shall be deposited the copy, print, photograph, or other identifying reproduction provided bysection eleven of this Act, such copies or copy, print, 25photograph, or other reproduction to be accompanied inNo action toreach case by a cluim of copyright. No action or proceedlnfrlngeme'nt. h II b . . d f . fri t f . h .until deposit ofmg s a e maintaine or m mgemen 0 copyrlg t i l lcopies. any work until the provisions of this Act with respect tothe deposit of copies and registration of such work shall 30have been complied with.

d Failure to SEC. 13. That should the copies called for by sectioneposl t copies. twelve of this Act not be promptly deposited as hereinc o ~ e x ! i ~ ~ ~ m ~ provided, the register of copyrights may at any time afterdemand eoplea, the publication of the work, upon actual notice, require 35

the proprietor of the copyright to deposit them, and afterthe said demand shall have been made, in default of theFailure tode-

P O S I ~ on d&- deposit of copies of the work within three months fromman... any part of the United States, except an outlying territorial possession of the United States, or within six 40months from any outlying territorial possession of the


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ACT Ol1' MARCH 4, lllO9 (IN EFFECX JULY 1, 1009).United States, or from any foreign 'country, the proprietor of the copyright shall be liable to a fin of one bun- Fine $100and retail pricedred dollars and to pay to the Library of Congress twice ~ ~ 1 t ~ ~ ~ e I . the amount of the retail price of the best edition of the o l ~ ~ ~ ~ I I , t b ~ r e

IS work, and the copyright shall become void.SEC. 14. That the postmaster to whom are delivered r e ~ y ; t U l l l l t e r " the articles deposited as provided in sections eleven and

twelve of this Act shall, i f requested, give a receipt therefor and shall mail them to their destination without cost

10 to the copyright claimant,SEC. 15. That of the printed book or periodical speci- Printed lrom . t,pe set wltblntied m section five, subsections (a) and (b) of this Act'stbe Uillted. tates,except the original text of .a book of foreign origin in a Book In roe

language .or languages other than English, the text of all : ~ P t ~ ~ g n a g e 15 copies accorded protection under this Act, except as belowprovided, shall be printed from type set within the limitsof the United States, either by hand or by the aid of anykind of typesetting machine, or from plates made withinthe limits:of the United States from type set therein, or,

20 if the text be produced by lithographic process, or photo- orL ~ t ~ ~ r o a . " e b ~ ~ engraving process, then by a process wholly performed ~ ~ v l o g proewithin the limits of the United States, and the printingof .the text and binding of the said book shall be per- b h i J ' l : ~ ~ ~ ~ ~ formed within the limits of the United States; which book.

2lS requleements shall extend also to the illustrations within In ~ J b : : ~ ~ t 1 o o l a book eonsisting of printed text and illustrations producedby lithographic process, or photo-engraving process,and also to separate lithographs or photo-engravings, e X - l l t 8 b e l g ~ ~ ~ ~ : cept where in either case the subjects represented are :;:Vlt::tlHl o30 located in 8. foreign country and illustrate a scientificwork or reproduce a work of art; but-they shall not applyto works in raised characters for the use of the blind, o r b J l ~ g ~ ~ : e p i . : : r . to books of foreign orizin in a. language or languages Booke In lor, 0" 0 elgn IRnguagetlother than English, or to books published abroad in the e:lcepted.

35 English language seeking ad interim protection underthis Act.SEC. 16. That in the case of the book the copies so de- A ~ ~ d r a l l ~ aO:posited shall be accompanied by an affidavit, under the manur.cture.officinl seal of any officer authorized to administer oaths

iO within the United States, duly made by the person claiming copyright or by his duly authorized .agent or repre


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COPYRIGHT LAW OF THE UNITED STATES.sentative residing in the United States, or by the printerwho has printed the book, setting forth that the copiesdeposited have been printed from type set within thelimits of the United States or from plates made withinthe limits of the United States from type set therein; or, 5if the text be produced by lithographic process, or photoengraving process, that such process was wholly performed within the limits of the United States, and that

Printing and the printing of the text and binding of the said bookbindIng ot tbe .book. have also been performed within the limits of the United 10States. Such affidavit shall state also the place where

Establlsb-and the estabhshment or esta'blishments in which suchment whereprInting was type was set or plates were made or lithographic process,done. or photo-engraving 'process or printing and binding wereDate ot pub- performed and the date of the completion of the printing 15Itcatlon. . .of the book or the date of publication.

V l e a ~ s e l D ~ ~ ~ SEC. 17. That any person who, for the purpose of obf J . ~ 0 8 g r ~ f F o ~ ~ taining registration of a claim to copyright, shall know~ ~ ~ ~ u l e ot copy- ingly make a false affidavit as to his having complied

with the abov e conditions shall be deemed guilty of a 20misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars,and all or his rights and privileges under said copyright shall thereafter be forfeited.

c o ~ ' : r ~ l b e ~ t SEC. 18. That the notice of copyright required by sec- 25tion nine of this Act shall consist either of the word" Copyright" or the abbreviation "Copr.", accompaniedby the name of the copyright proprietor, and if the workbe a printed literary, musical, or dramatic work, thenotice shall include also the year in which the copyright 30was secured by publication. In the case, however, ofcopies of works specified in subsections (f) to (k), inclu-

Notice o sive, of section five of this Act, the notice may consistmapll. eoptes 0 ...wbortka or 0hrt, of the letter C inclosed within a circle, thus:@,accomp ograp 8 ,and prlnto. panied by the initials, monogram, mark, or symbol of the 35NotIce on copyright proprietor: Provided, That on some accessibleaceesalble por- . f h coni f h . b ktlon. portion 0 sue copies or 0 t e margin, ac ,permanent

base, or pedestal, or of the substance'on which such copiesshall be mounted, his name shall appear. But in the case

N o ~ l c e on of works in which copyright is subsisting when this Act 40e:llat1ng copyright works. shall go into effect, the notice of copyright may be either


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ACT OF MARCH 4, 1909 (IN EFFECT JULY 1, 1909).in one of the forms prescribed herein or in one of those I [See pages ~ 148. ]prescribed by the Act of June eighteenth, eighteen hundred and seventy-four.

SEC. 19. That the notice of copyright shall be applied, Not ice ofcopyrIght on5 in the case of a book or other printed publication, upon book.its title-page or the page immediately following, or if aperiodical either upon the title-page or upon the first 0 n periodIcal.page of text of each separate number or under the titleheading, or if a musical work either upon its title-page

10 or the first page of music: Provided, That one notice of In 0 ~ a ~ h n o ~ I ~ I ~ copyright in each volume or in each number of a news- r c ~ ~ or periodpaper or periodical published shall suffice.

SEC. 20. That where the copyright proprietor has Omission ofnotice by aecl sought to comply with the provisions of this Act with ~ : ~ : Or mts15 respect to notice, the omission by accident or mistake of

the prescribed notice from a particular copy or copiesshall not invalidate the copyright or prevent recoveryfor infringement against any person who, after actualnotice of the copyright, begins an undertaking to infringe

20 it, but shall prevent the recovery of damages against aninnocent infringer who has been misled by the omission of Innocent Infringement.the notice j and in a suit for infringement no permanentinjunction shall be had unless the copyright proprietorshall reimburse to the innocent infringer his reasonable

25 outlay innocently incurred i f the court, in its discretion,shall so direct.

SEC. 21. That in the case of a book published abroad in J 1 s ~ ~ o a ~ r : a ~ r the English language before publication in this country, f ~ ~ g u ~ : e ~ 1 1 8 h the deposit in the copyright office, not later than thirty

30 days after its publication abroad, of one complete copyof the foreign edition, with a request for the reservationof the copyright and a statement of the name andnation ality of the author and of the copyright proprietor and ofthe date of publication of the said book, shall secure to

. t d . te . . ht hi hA d Interim35 the author or propne or an a In rrm copyrig ,w IC COP3r1ght fo rshall have all the force and effect given to copyright by 30 ays .this Act, and shall endure until the expiration of thirtydays after such deposit in the copyright office.Sse 22 That whenever within the period of such. ad E2:tenlllon to' ' ' " . . . full term .

oW interim. protection an authorized edition of such bookshall be published within the United States, in accordancewith the manufacturing provisions specified in section


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COPYRIGHT LAW OF THE UNITED STATES.fifteen of this Act, and whenever the provisions of this

Deposit ofAct as to deposit of copies, regi stration, filing of affidavit,eoptes. flllng of . .affidavit. and the printing of the copyright notice shall have beenduly complied with, the copyright shall be extended toendure in such book for the full term elsewhere provided 5in this Act,

c ~ 1 ~ SEC. 23, That the copyright secured by this Act shallterm , 28 yeal"ll. endure for twenty-eight years from the date of first pub

lication, whether the copyrighted work bears the author'strue name or is published anonymously or under an as- 10

Posthumous sumed name: Provided That in the case of any posthnworks, perlodl- ,eals , cyclopsedtc mous work or of any periodical, cyclopredic, or other COIno r compositeworks. posite work upon which the copyright was originallysecured by the proprietor thereof, or of any work copy

righted by a corporate body (otherwise than as assignee 15or licensee of the individual author) or by an employerfor whom such work is made for hire, the proprietor ofsuch copyright shall be entitled to a renewal .and exten

, R e new a I sion of the copyright in such work for the further termterm 28 years. f ' h h 1" f h Io twenty-erg t years w en app ication or sue renewa 20

and extension shall have been made to the copyrightoffice and duly registered therein within one year pporto the expiration of the original term of copyright: And

Other copy- provided further, That in the case of any other copyrlgh ted worksflt'Bt term 28 righted work, including a contribution by an individual 25years. author to a periodical or to a cyclopeedic or other composite work when such contribution has been separately reg-

R enew a1 istered, the author of such work, if still living, or the~ ~ r ~ r ~ O ~ e ~ r l ~ : widow, widower, or children of the author, i f the authorow, children, h t l' . if h h Id ld bilheirs or next u t ; no Ivrng, or I sue aut or, WI ow, WI ower, or c 1 - 80of kin. d be livi h h th' .ren not vmg, t en t e au or s executors, or ill the

absence of R will, his next of kin shall be entitled to arenewal and extension of the copyright in such work for

Notice that a further term of twenty-eight years when applicationrenewal term f ch I . 11Is desired. or su renewa and extension sha have been made to 35the copyright office and duly registered therein withinone year prior to the expiration of the original term of

Copyrtghtcopyright: And provided further, That in default ofends In 28~ e : ~ e n l e s s the registration of such application for renewal and extension, the copyright in any work shall determine at the 40expiration of twenty-eight years from first publication.

S8 5 - 9 14 0 - 6 3 - 6


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ACT OF MARCH 4, 1909 (IN EFFECT JULY I , 19(0).SEC. 24. That the copyright subsisting in any work at Extension of. s u b e La t l n gthe time when this Act goes into effect may, at the expira- copyrlgbts.

tion of the term provided for under existing law, berenewed and extended by the author of such work if still

5 living, or the widow, widower, or children of the author,if the author be not living, or if such author, widow,widower, or children be not living, then by the author'sexecutors, or in the absence of II will, his next of kin,for a further period such that the entire term shall be

10 equal to that secured by this Act, including the renewalperiod: Provided, however, That if the work be a com- Proprietor en. k hi h . h ' t i t l ed to r eposite wor upon w IC copyrig twas originally secured newal for composlte work.by the proprietor thereof, then such proprietor shall beentitled to the privilege of renewal and extension granted'

15 under this section: Provided, That application for such Renewal ap plication.renewal and extension shall be made to the .copyrightoffice and duly registered therein within one year prior tothe expiration of the existing term.

SEC. 25. That if any person shall infringe the copyright o l ~ ~ t n t

sales.

20 in any work protected under the copyright laws of theUnited States such person shall be liable:

(a) To an injunction restraining such infringement; Injunction.(b) To pay to the copyright proprietor such damages Damages.

as the copyright proprietor may have suffered due to the25 infringement, as well as all the profits which the infringer

shall have made from such infringement, and in provingprofits the plaintiff shall be required to prove sales only P ro Yin.and the defendant shall be required to prove every element of cost which he claims, or in lieu of actual damages

80 and profits such damages as to the court shall appear tobe just, and in assessing such damages the court may, inits discretion, allow the amounts as hereinafter stated,but in . the case of a newspaper reproduction of a copy- Neodwspaperrepr uctton 0 trighted photograph such damages shall not exceed thep b otogrS.l'I:!;o ' . '00 ecovery.

35 sum of two hundred dollars nor be less than the -sum of 200.fifty dollars, and such damages shall in no other case c o ~ ~ m , ~ ~ ~ exceed the sum of five thousand dollars nor be less than Hlnlmnm re-the sum of two hundred. and fifty dollars, and shall not be covary. '2l1O.regarded lUI a penalty: P a l n t l 0 l .

*0 First. In the case of a painting, statue, or sculp- ~ ~ ~ ~ e , e, . ~ ture, ten dollars for every infringing copy made or ~ 7 0 p ~ '


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OOPYRIGHT LAW OF THE UNITED STATES.sold by or found in the possession of the infringeror his agents or employees;

Other works. Second. In the case of any work enumerated in'1 for everyi n f r I n g I n g section five of this Act, except a painting, statue, orcopy. sculpture, one dollar for every infringing copy made isor sold by or found in the possession of the infringeror his agents or employees;

Lectures, '110 Third. In the case of a lecture, sermon, or address,for every Inf l ~ ~ ~ g de- fifty dollars for every infringing delivery;m ~ f ~ , ? a ; l g r k ~ ~ Fourth. In the case of dramatic or dramatico- 10: ~ o g ~ ~ ~ r ; : ~ musical or a choral or orchestral composition, onesubsequent In - fi d fift d II ffrIngIng per- hundred dollars for the rst an y 0 ars orformance.

Other mustc- every subsequent infringing performance; in the1.1 c o m p o s lnons, $10 for case of other musical compositions, ten dollars forevery infrlng~ ~ c ~ perform- every infringing performance; 15

DeliverIng up (c) To deliver up on oath, to be impounded duringInfrInging artl- dee . the pendency of the action, upon such terms and eonditions as the court may prescribe, all articles alleged toinfringe a copyright;

DestructIon (d) To deliver up on oath for destruction all the in- 20of InfrIngIng . COp.Ies, etc. frmgmg copies or devices, as well as all plates, molds,

matrices, or other means for making such infringingcopies as the court may order;

InfrIngement (e) Whenever the owner of a musical copyright hasby meehanleal: ~ ~ c : . 1 Instru- used or permitted the use of the copyrighted work upon 25

the parts of musical instruments serving to reproducemechanically the musical work, then in case of infringement of such copyright by the unauthorized manufacture, use, or sale of interchangeable parts, such as disks,rolls, bands, or cylinders for use in mechanical music- 30producing machines adapted to reproduce the copyrightedmusic, no criminal action shall be brought, but in a civil

m ~ ~ ( : g ~ ~ ~ t ~ action an injunction may be granted upon such termsas the court may impose, and the plaintiff shall be entitledRecovery of to recover in lieu of profits and damages a royalty as pro- 31troyalty . Uvided in section one, subsection (e), of this Act: Provided

also, That whenever any person, in the absence of a licenseagreement, intends to use a copyrighted musical composition upon the parts of instruments serving to reproducemechanically the musical work, relying upon the com- 40

Notice to pro- I li . . f thi A t 'h h 11 .f t n ~ ~ o ~ of In- pu sory . c e n ~ prOVISIOn .0 S c.' e s a serve n ~ t l c e o to use. of such intention, by registered mall, upon the copyright


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ACT OF MARCH 4, :Hl:09 (IN EFFECT ,J UL Y 1, 19(9).proprietor at his last address disclosed by the records ofthe copyright office, sending to the copyright office aduplicate of such notice; and in case of his faihrre so todo the court may, in its discretion, in addition to sums

5 hereinabove mentioned, award the complainant a' further th D a m algeB,ree t roeesum, not to exceed three times the amount provided by ~ ~ ~ d ~ n t pro

section one, subsection (e), by -way of damages, and not as I n f u ~ ~ t f o o n ~ a r1a penalty, and also a temporary injunction until the fullaward is paid.

10 Rules and regulations for practice and procedure under p r ~ c ~ ~ e 8a ~ o this section shall be prescribed by the Supreme Court of procedure.the United States.

SEC. 26. That any court given jurisdiction under sec- f J"u,dgmentenore ng remetion thirty-four of this Act may proceed in any action, dlee .15 suit, or proceeding instituted for violation of any pro

vision hereof to enter a judgment or decree enforcing theremedies herein provided.

SEC. 27. That the proceedings for an injunction, d a m l n j ~ ! ~ ~ : ages, and profits, and those for the seizure of infringing f n a y o n ~ : c ~ ~ ~

20 copies: plates, molds) matrices, and so forth, aforementioned, may be united in one action,SEC. 28. That any person who willfully and for profit w r { r ~ ~ ) t f n ~ shall infringe any copyright secured by this Act, or who frlngement.

shall knowingly and willfully aid or abet such infringe25 ment, shall be deemed guilty of a misdemeanor, and upon

conviction thereof shall be punished by imprisonment fornot exceeding one year or by a fine of not less than onehundred dollars nor more than one thousand dollars) orboth" in the discretion of the court: Provided, Iunoeoer,30 That nothing in this Act shall be so construed as to pre- 0tr!l t orlo B,can atas, e t c.,vent -the performance of religious or secular works, such ro:Jedb e per-as oratorios, cantatas, masses, or octavo choruses by public schools, church choirs, or vocal societies, rented, bor rowed, or obtained from some public library, public

35 school, church choir, school choir, or vocal society, provided the performance is given for charitable or educational purposes and not for profit.

SEC. 29. That any person who, with fraudulent intent, False nottceof C0P1 rightshall insert or impress any notice of copyright required (penalty for ) ,40 by this Act, or words of the same purport, in or upon any

uncopyrighted article, or with fraudulent intent shall r e ~ r : V u ~ l n l e ~ ~ remove or alter the copyright notice upon any article duly l o ~ , U o ~ n e


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COP\'BIGHT LAW OF THE UNITED STATES.copyrightC'd shall 1Jc g uilty of a misdemeanor, punishableby 11 fine' of not less tl'ian one hundred dollars and not

Iaaulug, sell-more than one thousand dollars. Any person who shallIng, or Import-Lbnl': III r tf l Cll e knowingly issue or sell any article bearing a notice ofear ng n S e e$ y ~ ~ . e fine United States copyright wh ich ha s not been copyrighted 5

in this country, or who shall knowingly import any articlebearing such notice or words of the same purport, whichhas not 'been copyrighted in this country, shall be liableto a fine of one hundred dollars,

Importation SEC. 30. That the importation into the United States 10p r o hlblted of .arttctes bear-of any article bearinz a false notice of copyrIght whenInp: falsenotice b _a 0 d plratfcal there is no exist.inz copyright thereon in the Unitedcopies. 10>States, or of any piratical copies of any work copyrightedin the United States, is prohib ited.

Probibitlon SEC. 31. That during th e existence of the American 15ot Importation . ot books. copyright in any book the importation into the UnitedStates of any piratical copies thereof or of any copiesthereof (although authorized by the author or proprietor) which have not been produced in accordance withthe manufacturing provisions specified in section fifteen 20of this Act, or any plates of the same not made from typeset within the limits of the United States, or any copiesthereof produced by lithographic or photo-engravingprocess not performed within the limits of the UnitedStates, in accor-dance with the provisions of section fif- 25

Es:ceptlons to teen of this Act, shall be, and is hereby, prohibited : Pro problbltlon otImportation : vided, however, That, except as regards piratical copies,such prohibition shall not apply:

t b : V b ~ { n ~ ~ to r (a) To works in raised characters for the use of theblind; 30

n e ~ 9 ~ : ~ ~ g o (b) To a foreign newspaper or magazine, althoughmagazines. containing matter copyrighted in the United States

printed or reprinted by authority of the copyright proprietor, unless such newspaper or magazine contains alsocopyright matter printed or reprinted without such au- 3rlthorization ;

Books In ro r (c) To the authorized edition of a book in a foreignelgtl Ianguagesot WbllCblonlY language or languages of which only a translation intot raos a t 008: d copyrlgbt- English has been copyrighted in this country;of 1 : J r : . ~ i t ~ ~ ~ (d) To any book published abroad w i t ~ the uuthoriza- 40~ ~ ' F t t J . O O k S tion of the author or copyright proprietor when imported


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ACT OF MARCH 4, 1000 (IN EFFECT JULY 1, 19(9).under the circumstances stated in one of the four subdivisions following, that is to say:

First. 'Then imported, not more than one COPy at For Indlvld na l UBe nodone time, for individual use and not for sale; but not fo r sale.5 such privilege of importation shall not extend to a

foreign reprint of a book by an American authorcopyrighted in the United States;

Second. ,,:nen imported by the authority or for For the. U8eof the UnItedthe use of the United States; Btntes, ' of socletles, 11 10 Third. m en imported, for use and not for sale. For the naenot more than one copy of any such book many brartes, etc.

one invoice, in good faith , by or for any society orinstitution incorporated for educational, literary,philosophical, scientific, or religious purposes, or for15 the encouragement of the fine arts, or for any college, academy, school, or seminary of learning, orfor any State, school, college; university, or freepublic library in the United States;

Fourth. m en such books form parts of libraries L l b r a r l e l. porch a8ed en20 or collections purchased en bloc for the use of so- bloc.cieties, institutions, or libraries designated in theforegoing paragraph, or form parts of the libraries Boo k 8b rou fh t ~ r or personal baggage belonging to persons or families ~ ~ J ~ 1 t ' : , ~ arriving from foreign countries and are not intended S t f ~ 8 p 0 r ted

25 for sale; Provided, That copies imported as above b ~ P ~ ; : ' e d ~ ~ V l ~ ~ may not lawfully be used in any way to violate the late eopyrtght.rights of the proprietor of the American copyrightor annul or limit the copyright protection securedby this Act, and such unlawful use shall be deemed

30 an infringement of copyright.SEC. 32. That any and all articles prohibited importa- Selzureof un.. . h U ' d S l awfu l ly t mtion by this Act which are brought into t e nite tates ported copies.

from any foreign country (except in the mails) shall beseized and forfeited by like pro ceedings as those provided

35 by law for the seizure and condemnation of propertyimported into the United States in violation of the customs revenue laws. Such articles when forfeited shall bedestroyed in such manner as the Secretary of the Treasuryor the court, as the case may be, shall direct: Pro ided,

40 however, That all copies of authorized editions of copv- Copies of au " tbor -ized booksrightbooks imported in the mails or otherwise in viola- imp orted m a ybe returned .


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5

COPYRIGHT LAW OF THE UNITED STATES.tion of the provisions of this Act may be exported andreturned to the country of export whenever it is shown tothe satisfaction of the Secretary of the Treasury, in awritten application, that such importation does not involve willful negligence or fraud.

Secretary ot SEC. 33. That the Secretary of the Treasury and theTreasu ry and . .Pos tmas t e r - Postmaster-General are hereby empowered and requiredGeneral to makerules to prevent to make and enforce such ]'oint rules and regulations asunlawtu l Importation. shall prevent the importation into the United States in

the mails of articles prohibited importation by this Act, 10and may require notice to be given to the Treasury Department or Post-Office Department, as the case may be,by copyright proprietors or injured parties, of the actualor contemplated importation of articles prohibited importation by this Act, and which infringe the rights of 15such copyright proprietors or injured parties.

J Urlsdlc t l 0ln SEC. 34. That all actions, suits, or proceedings arisingot co u r scopyrlgbtcsses. under the copyright laws of the United States shall be

originally cognizable by the circuit courts of the UnitedStates, the district court of any Territory, the supreme 20court of the District of Columbia, the district courts ofAlaska, Hawaii, and Porto Rico, and the courts of firstinstance of the Philippine Islands.

Dis t r i c t In SEC. 35. That civil actions suits or proceedings arisingwblcb ault may , ,be brought. under this Act may be instituted in the district of which 25

the defendant or his agent is an inhabitant, or in whichhe may be found.

m ~ n . l f : c ~ t . SEC. 36. That any such court or judge thereof shalled . have power, upon bill in equity filed by any party aggrieved; to grant injunctions to prevent and restrain the 30violation of any right secured by said laws, according tothe course and principles of courts of equity, on suchterms as said court or judge may deem reasonable. Anyinjunction that may be granted restraining and enjoiningthe doing of anything forbidden by this Act may be 35served on the parties against whom such injunction maybe granted anywhere in the United States, and shall beoperative throughout the United States and be enforceable by proceedings in contempt or otherwise by anyother court or judge possessing jurisdiction of the de- 40fendants.


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ACT OF MARCH 4, 1909 (IN EFFECT JULY 1, 10(0).SEC. 37, That the clerk of the court, 01 ' ]'wl"o grantiIlIP CerllOc,lo.opyt:> t:> or pOp"I" nled,tho injunction, shall, 'when required "'0 to do by tho court

hearing the application to enforce suid injunction, transmit without dclny to snid court a certified copy of 'all tho5 papers in said cuuse that nrc on file in his office.

SEC. 38. That the orders, judgments, or decrees of Ilny Judl :ments ,. . , . . ' f . . . et c .. mllY bl!court mentioned In section thirty- 0111' of this Act nrrsmg r ev iewed onnppcn l or writunder the copyright laws of the United States may be of error.reviewed on appeal or writ of error in the manner and to

10 the extent now provided by law for the review of casesdetermined in said courts, respectively.

SEC. 39. That no criminal proceeding shall be main- No criminalproceeding"tained under the provisions of this Act unless the same is BthjRlldbe mrntlna ne a e rcommenced within three years after the cause of action tnree yenrs ,15 arose,

SEC. 40. That in all actions, suits, or proceedings under s:::N ' t ; 8 i . J ~ this Act, except when brought by or against the United lowed.States or any officer thereof, full costs shall be allowed,and the court mny award to the prevailing party a reason

20 able attorney's fee as part of the costs. 'SEC. 41. That the copyright is distinct from the prop- dl;Srfcf r U o h ~ erty in the rnaterinl object copyrighted, and the sale or ~ ~ r e ~ I ~ ) ~ & j e ~ r . conveyance, by gift or otherwise, of the material object

shall not of itself constitute a transfer of the copyright,25 nor shall the assignment of the copyright constitute a

transfer of the title to the material object; but nothing in TranBfer orr. nny cop y Uthis Act shall be deemed to forbid, prevent, or restrict ; ~ f i r l ! e ~ ~ i t the transfer of any copy of a copyrighted. work the t ed.possession of which has been lawfully obtained.

30 SEC. 42. That copyright secured under this or previous C'o p y r t g h tmay be asslgn-Acts of the United States may be assizned granted or eo, mortgnged:1:>, 'or beaueatbeomortgaged by an instrument in writing signed by the by wll .proprietor of the copyright, or may be bequeathed by will.

SEC. 43. That every assignment of copyright executed e x A e B ~ l r t ' : d e ~ 35 in a foreign country shall be acknowledged by the as- ~ ~ e l ~ g ~ u l l ~

signor before a consular officer or secretary of legation of knowledged,the United States authorized by law to administer' oathsor perform notarial acts, The certificate of such acknowledgement under the hand and official seal of such40 consular officer or secretary of legation shall be primafacie evidence of the execution of the instrument.


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COPYRIGHT LA W OF T H UNITED STATES.Assignments SEC. 44. That every assignment of copyright shall beto be recorded . recorded in the copyright office within three calendar

months after its execution in the United States or withinsix calendar months after its execution without the limitsof the United States, in default of which it shall be void 5as against any subsequent purchaser or mortgagee for avaluable consideration, without notice, whose assignmenthas been duly recorded.

Register of. SEC. 45. That the register of copyrights shall, uponcopyrlgbts torecord asstgn- payment of the prescribed fee, record such assignment, 10ments . and shall return it to the sender with a certificate of

record attached under seal of the copyright office, andupon the payment of the fee prescribed by this Act lieshall furnish to any person requesting the same a certifiedcopy thereof under the said seal. 15

ASSlgneebe's SEC. 46. That when an assignment of the copyright inname maysubstituted In a specified book or other work has been recorded the asc o p y r Lg b f . .noUce. signee may substitute his name for that of the assignor in

the statutory notice of copyright prescribed by this Act.Copy r l gb t SEC. 47. That all records and other things relating to 20records. copyrights required by law to be preserved shall be kept

and preserved in the copyright office, Library of Congress, District of Columbia, and shall be under the controlof the register of copyrights, who shall, under the direction and supervision of the Librarian of Congress, per- 25iorm all the duties relating to the registration of CDPyrights.

Reglater 0d! SEC. 48. That there shall be appointed by the Librariancopyrlgbts onassistant regIs- of Conzress a rezister of copyrights at a salary of fourte r o! c o p y - ~ . 'rlgbts . thousand dollars per annum, and one assistant register of 30

copyrights, at a salary of three thousand dollars perannum, who shall have authority during the absence ofthe register of copyrights to attach the copyright officeseal to all papers issued from the said office and to signsuch certificates and other papers as may be necessary. 35There shall also be appointed by the Librarian such subordinate assistants to the register as may from time totime be authorized by law.

Regllsbtetr Ott SEC. 49. That the register of copyrights shall makecOpyr g s 0~ ~ ~ ~ I t r : . ? ~ ~ ; : daily deposits in some bank in the District of Columbia, 40designated for this purpose by the Secretary of the Treas


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ACT OF MARCH 4, 1909 (IN EFFECT JULY 1, 1009).ury as R national depository, of all moneys received tobe applied as copyright fees, and shall make weekly deposits with the Secretary of the Treasury, in such manneras the latter shall direct, of all copyright fees actually

5 applied under the provisions of this Act, and annualdeposits of sums received which it has not been possibleto apply as copyright fees or to return to the remitters,and shall also make monthly reports to the Secretary of Bhatlhl1makemon y r e-the Treasury and to the Librarian of Congress of the port ot tees.

10 applied copyright fees for each calendar month, togetherwith a statement of all remittances received, trust fundson hand, moneys refunded, and unapplied balances.

SEC. 50. That the register of copyrights shall give bond I s t : ' n ~ t o t c ~ f : to the United States in the sum of twenty thousand dol- rIghts.15 lars, in form to be approved by the Solicitor of the

Treasury and with sureties satisfactory to the Secretaryof the Treasury, for the faithful discharge of his duties.

SEC. 51. That the register of copyrights shall make an An n n a l re-Lib . f C be' port ot reJdllterannuaI h printed ot C O p y r ~ D t s .eport to te l rarian 0 ongress, to20 in .the annual report on the Library of Congress, of all

copyright business for the previous fiscal Year, includingthe number and kind of works which have been depositedin the copyright office during the fiscal"year, under theprovisions of this Act.

25 SEC. 52. That the seal provided under the Act of July I 8eaI copy. r ght 0 .. .C8.eighth, eighteen hundred and seventy, and at present usedin the copyright office, shall continue to be the sealthereof, and by it all papers issued from the copyrightoffice requiring authentication shall be authenticated.

30 SEC. 53. That, subject to the approval of the Librarian Rules tor th eregistration otof Congress, the register of copyrights shall be authorized copyrIghts.

copyr

to make rules and regulations for the registration ofclaims to copyright as provided by this Act.

SEC. 54. That the. register of copyrights shall provide Record bookll.35 and keep such record books in the copyright office as arerequired to carry out the provisions of this Act, and when- III nlgthrt.Y ot

ever deposit has been made in the copyright office of acopy of any work under the provisions of this Act heshall make entry thereof.

40 SEC. 55. That in the case of each entry the person re- gtcert lti C8 te otre ra t 1on.corded as the claimant of the copyright shall be entitled


20/23

COPYRIGHT LAW OF THE UNITED STATES.to a certificate of registration under seal of the copyrightoffice, to contain his name and address, the title of the workupon which copyright is Claimed, the date of the depositof the copies of such work, and such marks as to classdesignation and entry number as shall fully identify the 5

Cert i l lca te entrv, In the case of a book the certificate shall alsoto r boo k to -Jstate receipt of state the receipt of the affidavit as provided by sectiona.mdavlt. sixteen of this Act, and the date of the completion of the

printing, or the date of the publication of the book, asstated in the said affidavit. The register of copyrights 10shall prepare a printed form for the said certificate, to

Certillc a te be filled out in each case as above provided for which cermay be gIveR 'to an y person. tificate, sealed with the seal of the copyright office, shall,upon payment of the prescribed fee, be given to any per

son making application for the same, and the said certifi- 15cate shall be admitted in any court as prima facie evidence

ReeledlPt tlot of the facts stated therein. In addition to such certificateeop es eposrted. the register of copyrights shall furnish, upon request,

without additional fee, a receipt for the copies of thework deposited to complete the registration. 20In d e:l. to SEQ. 56. That the register of copyrights shall fully

copyright reg-. d 11 . h .. . dIstrattona . ill ex a COpyrIg t registrations and assignments anCatalogue of shall print at periodic intervals a catalogue of the titles

~ F ~ ~ g b t en - of articles deposited and registered for copyright, togetherwith suitable indexes, and at stated intervals shall print 25complete and indexed catalogues for each class of copyright entries, and may thereupon, if expedient, destroy

Cata logue the original manuscript catalogue cards containing thecards. titles included in such printed volumes and representingthe entries made during such intervals, The current cata- 30

n n ~ a ~ ~ ~ ~ ~ ~ : logues of copyright entries and the index volumes hereinr d ~ : : ' ~ taCie ev- provided for shall be admitted in any court as prima facie

evidence of the facts stated therein as regards any copyright registration.

Distribution SEC. 57. That the said printed current catalogues as 85of ca talogue ofr r f ~ ~ l g h t en - they are issued shall be promptly distributed by the copyright office to the collectors of customs of the UnitedStates and to the postmasters of all exchange offices ofreceipt of foreign mails, in accordance with revised listsof such collectors of customs and postmasters prepared 40by the Secretary of the Treasury and the Postmaster


21/23

ACT OF MARCH 4, 1909 (IN EFFECT JULY 1, 19(9).General, and they shall also be furnished to all pnrties SUbacrllllloudesiring them at a price to be determined by the register price.of copyrights, not exceeding five dollars per annum forthe complete catalogue of copyright entries and not ex

5 ceeding one dollar per annum for the catalogues issuedduring the year for anyone class of subjects. The consolidated catalogues and indexes shall also be supplied toall persons ordering them at such prices as may be determined to be reasonable, and all subscriptions for the

10 catalogues shall be received by the Superintendent of Superlntend. en t of docu-Pubhc Documents, who shall forward the said publica- menta to re ocetve subscrIptions j and the moneys thus received shall be paid into the tiona.Treasury of the United States and accounted for undersuch laws and Treasury regulations as shall be in force15 at the time.

SEC. 58. That the record books of the copyright office, e t ~ ~ C O ~ e ~ \ ' : i together with the indexes to such record books, and all Inspection.works deposited and retained in the copyright office, shallbe open to public inspection j and copies may be taken of be C ? s . ~ I : ~ on; :.!.20 the copyright entries actually made in such record books, ~ ~ a . l n recordsubject to such safeguards and regulations as shall beprescribed by the register of copyrights and approved bythe Librarian of Congress.SEc 59 That of the articles deposited in the copyright Dlspoeltlon of . COPfrlgbt d e 25 office under the provisions of the copyright laws of the poa taoUnited States or of this Act, the Librarian of Congressshall determine what books and other articles shall betransferred to the permanent collections of the Libraryof Congress, including the law library, and what other

30 books or articles shall be placed in the reserve collectionsof the Librarv of Congress for sale or exchange, or be Preservation" of copyrlgbt de transferred to other governmental libraries in the Dis- poalts.trict of Columbia for use therein.

SEC. 60. That of any articles undisposed of as above c o ~ l ~ f g o : : I d ~ ~ 35 provided, together with all titles and correspondence re- posits.lating thereto, the Librarian of Congress and the registerof copyrights jointly shall, at suitable intervals, determinewhat of these received during any period of years it isdesirable or useful to preserve in the permanent files of

40 the copyright office , and, after due notice as here inafterprovided, may within their discretion cause the remain


22/23

COPYRIGHT LAW OF THE UN ITED STATES.ing articles and other things to be destroyed: Provided,That there shall be printed in the Catalogue of Copyright Entries from February to November, inclusive, astatement of the years of receipt of such articles and anotice to permit any author, copyright proprietor, or 5other lawful claimant to claim and remove before theexpiration of the month of December of that year anything found which relates to any of his productions deposited or registered for copyright within the period ofyears stated, not reserved or disposed of as provided for 10

Manuserlpt in this Act: And provided further, That no manuscriptcopies to bepreserved. of an unpublished work shall be destroyed during itsterm of copyright without specific notice to the copyrightproprietor of record, permitting him to claim and remove it. 15

Fees. SEC. 61. That the register of copyrights shall receive,and the persons to whom the services designated are ren

I B t ~ ~ l o ~ ~ r reg- dered shall pay, the following fees: For .t he registrationof any work subject to copyright, deposited under theprovisons of this Act, one dollar, which sum is to include 20Fee tor car - a certificate of registration under seal : Provided, That int1ncate. the case of photographs the fee shall be fifty cents wherea certificate is not demanded. For every additional cer

Fee torSlr&- tificate of rezistration made, fifty cents. F or recordingcordlng as gn - 0ment. and certifying any instrument of writing for the assign- 25

ment of copyright, or any such license specified in sectionFee to r copy one, subsection (e), or for any copy of such assignmentot assignment. or license, duly certified, if not over th ree hundred wordsin length, one dollar; if more than three hundred and

less than one thousand words in length, two dollars; if 30more than one thousand words in length, one dollar additional for each one thousand words or fraction cthereof

Fdee t or tlre- over three hundred words. For recording the notice ofcor lng no ce~ e c ~ : ~ l c S ~ ~ ~ user or acquiescence specified in section one, subsection: ; ; e ~ ~ ~ . tnstru- (e), twenty-five cents for each notice if not over fifty 35words, and an additional twenty-five cents for each addi

Fee for com- tional one hundred words. F or comparing any copy ofparing copy 01assignment. an assign ment with the record of such document in thecopyright office and certifying the same under seal , one

Fee 10r re- dollar. F or recording th e extension or renewal of copy- 40cording ren ew- . . . all of copyright provided for II I sections twenty-three and twentyr gilt.


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ACT OF MARCH 4, 1909 (IN EFFECT JULY 1, 19(9).four of this Act, fifty cents. For recording the transfer rdFeje tOtr reco nf ransof the proprietorship of copyrighted articles, ten cents ~ ~ ~ r a h l l r o p r l for each title of a book or other article, in addition to thefee prescribed for recording the instrument of assign

5 ment. For any requested search of copyright office rec- Fee tor search.ord s, indexes, or deposits, fifty cents for each full hourof time consumed in making such search: Provided, That O n ) ~ one regIatrat ion re only one rezi .-tration at one fee shall be required in the qu lrcd for workt:>- In sever al vol case of several volumes of the same book deposited at the umes.

10 same time.SEC. 62. That in the interpretation and construction of.. O ~ ~ n ~ ~ 0 p n u ~ this Act" the date of publication" shall in the case of a Hcatton."

work of which copies are reproduced for sale or distribution be held to be the earliest date when copies of the iirst15 authorized edition were placed on sale, .sold, or. publicly

distributed by the proprietor of the copyright or underhis authority, and the word" author" shall include an "Author."employer in the case of works made for hire.

SEC. 63. That all laws or parts of laws in conflict with I Repeall ng. cause.20 the provisions of this Act are hereby repealed, but nothingin this Act shall affect causes of action for infringementof copyright heretofore committed now pending in courtsof the United States, or which may hereafter be instituted; but such causes shall be prose cuted to a conclusion

25 in the manner heretofore provided by law.SEC. 54. That this Act shall go into effect on the f i r s t f o r ~ : ~ ~ ~ . t en

day or July, nineteen hundred and nine.ApproVed, March 4, 1909.[60th Congress, 2d session.]

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