US Copyright Office: ar-1904

8/14/2019 US Copyright Office: ar-1904

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R E P O R T

LIBRARIL1N OF CONGRESS

FOR THE

%

FISCAL YEAR ENDISG JUSE 30, 1904

WASIIINGTONGOVEKSNEK'F I'RINTING OFFICE

1904


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R E P O R TWashinglon, D. C., Decembcr5, 2904

SIR:I have tlie honor to submit lily report as Librarianof Congress for the fiscal year ending Julie 30, 1904.

My report for last year opened with the following passage:"The activities of the year that may be indicated

by statistics are set forth in the several statisticaltables embodied in the tex t or appendices. Theseinclude a statement of the appropriations and the irexpenditure; the ~it imher f books, maps, manuscripts,print s, etc.. added to the several collections; the nuni-ber of pieces catalogued, classified, and located on th eshelves; the ntl~nberof catalogue crrds and of otherpublications compiled, printed, and distributed dur ingthe year; the number of visitors and readers and therecorded use, and the volume of the copyrigh t business.The progress of tlie I,ibrary, which is more significant,cannot he expressed in figures. I t consists in thegradual perfection of its equipnient and of its service,in a developme~~tf its collections appropriate to it spurpose as a library for research, and in a wider appre-ciation and acceptance of its functions as a nationallibrary, with a duty to the entire country."

For a clear u~iderstandingnot merely as to the scope ofthese reports, but a s to their necessary limitations, whichare also the limitatiotis in a summary statement of the year'sprogress in any large research library, th is explanation andproviso might well he repeated from year to year. Everyreport will include the statistics of the operations whichmay be expressed statisticallv; each one may contain a more

(7)LIB 190444 -2


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extended treatment of growth or activity in some particulardirection in which the year has been ~ignificant.~ ut theresult ing view of the Library will be as little descriptive as itis little conclusive. . A popular library, for the generalreader, may exhibit its operations in figures, for t he statis-tics (of number of volumes added, the number circulated,the number of readers reached) are , for purpose of compari-son at least, a measure of its service. But a library foraccumulation and research has no such simple expression ofits service. It s acquisitions are significant not iu relation tothe needs of an immediate constituency, but in relation tothe entire field of existing l iterature; its aid to investigationis significant not in proportion to the number of inquiriesanswered, but in proportion to the importance of the inter-ests which they involve. Th e almual reports issued by thetwo most eminent of national libraries (the British Mnseumand the Bibliothsque Nationale) are the barest and mostmeager epitomes of growth and use. In dimensions theydo not exceed the statements issued annually by our munici-pal libraries of a hundred thousand volumes. It is not thatthey have less to describe, but that what would be worthyof description can not be adequately described within feasi-ble limits.

If the reports of our own National Library be moreextensive it will be due not to an attempt to descrfbe whatother research libraries deem incapable of description, butto the relation of certain activities which it is pursuing ofwhich their operations afford no example.

FINANCEThe following table exhibits the appropriations and

expendi tures of the Library proper and of the Copyright-ffice for the fiscal year, and the appropriations for theyear now current. Details are given in Appendix Ia.-- - - --- . -. - -a As, n the present report. th e mauuscriptscollzction~.


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Repor t o f t he L ibrar ian o f Congress 9Included also are the appropriations for the equipmentand care of the building and grounds, expended by theSuperintendent. Th e allotment for printing and binding(during the past year $185,000) is not included.

AfifiroprialionsAppro- Appro- Expend i- Appro-Object of appropr iation priations. pnatlo ns, tllres, pnatlo ns, a " ' x p e n I -190.3 1 1 1 1% I 190.5

Of the $31 I 00 0 appropriated for salaries exclusive of theSunday and special service, $728.37 were unexpended and

Libr ary an d Copyright Office: 1Saleries. general service.. .... ,$z31,560.w

covered into the Treas ury. Thi s sum represents not a sur-

a ncluding helance brought forward.b Appropriation for last qu arte r of 190.3,ac t of Ma rch 3, 1903. This expenditure

is offset by snbscriptions covered into the Treas ury.ol nc re ase d f ro m $55.480 in 1902, hy act of April 28, 1902, and fr om $ff,.~2o i n

1903. hy a ct of F eb rua ry 25, 1903.d&xc lusive of $1,500 to be expend ed by the marsh al of th e Sup reme Court fornew books for tha t body.eIn crea sed f rom $3o,au by ac t of March 3, 1903.f Increa sed f rom $3o,om by act of Fe bru ary 18,IW.QExpenditures to June 30, I* Contracts and orders outstanding covering

practically the whole appropriations.

......alaries, special service.........alaries, Sun day serviceSalaries, distribution card in-

plus provision for service, but salaries for a time undrawn,

$236.66~.o0 2,090. w10,om. w6,Boo.w

:4,7m.wdgg,Rw.mLw.

437.350. w76.iR5. oo32,5w.w40,wo.mz . h . m

I$q5,660. w $235.111.03

u a, 074.88lo,om.w

those of employees temporarily absent without pay, or of

a z, 739.3310, aa . w4suo.w

7o .w .mdgg,Soo.w

new appointees who failed to qualify promptly after

a, 649.339.424.064.W.90

7 o . ~ o . 7 0dgg,226.wdexes ......................... h ~ , a a g . a ,

. l r ~ , 7 5 0 . m.... d F ! q . h . wContingen t ex pe ns . . ......... 7 . 3 ~ .

m.a.3

appointment.

Total. 1,ihrary and Copy-right Office.. .............

Building and grounds:Care and maintenance.. .......Fuel, light. and miscellanmus........urniture and shelving.Suuday opening. .............

~ 5 ,8.12 1 .$3g 435. w

Th e expenditure for salaries ill the Card Section is regu-

.

408,709.8872,605. w

e 40, om. w45,aa. m2,500.00

7.3m.w 7. q.861

larly offset by subscriptions for the cards distributed.

Grand total ................. .I g68.81.88- -430.839.3374.745. w

f5 om. wq5,ooo.w2 . p . w

-

428,870.8874.371.44

~733.ma. 31v 17.oa3.51

2,499.98


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10 Report of the Lib ran an of CongressThese, like the fees for copyright (which similarly offsetthe salaries paid in the Copyright Office) are coveredinto the Treasury.

Ana@iS AS appears above, the total an~oullt ppropriated for thepmdifures Library for the past year was in round figures $583,000.~But the $583,000 is by no means all cost of mainfenawce.Properly speaking, and as popularly nnderstood, cost ofmaintenance mearis merely the cost of keeping the plant incondition, securing and handling the current accessions,incorporating them in classificatioii and catalogue, and ren-dering to the public the direct service usual in a library.

To ascertain this cost the total given above must be ana-lyzed. A large portion will be found chargeable to otheraccounts than mere current maintenance.

Thus:The total appropriation being (approximately) ............ $583, WJOWe niust deduct the following:

( a ) Salaries in Copyright Office (more thanoffset by fees covered into the Treasury). .. . $70,500

( b ) Salnries in Card Distribution (mor e tha noffset by subscr iptio~ls covered into th eTreasury). ................................ 5,ow

(c ) Increase of I,ibrary ( a permanen t im-provement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . w,ow

(d ) Furniture and shelving (a permanent im-ment ) .................................... 45, cm

220,500. . . . . . . . . . . . . . . . . . . . . . . . . . .e have then le ft .. 362,500

Of this sum the re is chargeable to the maintenance of th ebuilding and grounds b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107,ow-- .-

( ~ T h e ibrary building and equipment have cost about S.sao,m The totalannual expenditure is therefore less than lo per cent 01 its cost. Ten per centupon the cost of the building is the minim um stipulated by Mr. Carnegie for theannu al maintenanc e of the librarie s which he builds. Th e proportion is assumedto be reasonable. It has been rem arked that the cost of the huilding for thenational library was al~outhat of a batt le ship. The cost of its maintenance isno greater than th at of a battle ship.hAii expeiise quite justifiable for m aintai ning a building whi ch, iiidepeiident ofits uses, affords to a vast constituency gratihcatlou and iustructioo a sa tilonument


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Report of the Libranan of Congress IIWe have then chargeable to th e account of the Library

proper (i. e., the acquisition and ha ndli ng of material,classification, cataloguing, bibliographic work, the serviceto readers, and general administration) . . . . . . . . . . . . . . . . . 255,5="'

Rut of this again ther e is chargeable to classification an dcataloguing specifically $88,ooo,nd in fact a considerablesum ill addition. A catalogue on cards is a piece of per-manen t apparatus. Even ignoring this, however, the pres-ent work in classification a nd cataloguing is, over half ofit, work upon th e ex isting collection which s ho~il d avek e n spread over the century of its growth but was not.It is an arrearage. Deducting for this we have the amountchargeable to the current service of the Library properreduced to less than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . zoo, oooTh e Library is open on every (lay of the year except July

4 and Christmas. On ordinary days it is open from 9 a. m.until 10 p. m.; on Sundays and holidays from 2 until 10p. m.

SERVICE GmrralOn July I , 1904, th e Library service consisted of 303

employees, 235 in the Library proper and 68 in the Copy-right Office, a total increase of 6 over the figures given for

-.--

July I, I 903. Of the 235 in the Ubrar y proper, 91 are inthe Catalogue Division; 36 of the 235 fill the more subordi-nate positions of messengers, attendants in cloakrooms, etc.,and I 19 of the remaining 199 fill positions at salaries rang-in g from $480 to $goo, inclusive. Nearly one-half of theforce is composed of women, at salaries rang ing from $360to $1,600, inclusive.

Th e force under the control of the Superintendent of the RuiIdit~ga n dgroundsLibrary Building and Grounds consists of 126 persons.

Th at under the control of the Public Prin ter, but locatedof architecture, and hy the unsurpassed nicety with which it is maintained, apotent lesson in civics. I ma y use the.* rxpre%qions mpartially as the main-tenance of the building as a structure is creditable to its Superintendent, Mr.Bernard K. Green.


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12 Report of the Librariale of Congresswithin the Library building, consists of 27 employees inthe Branch Printing Office and 71 in the Bindery.

SERVICE: The number employed for the service corresponding toLibra ry proper the $255,500 above, but including also all that occupiedwith the acquisition of material, all that in the divisionsoccupied with material special in form (Documents, Law,Manuscripts, Maps, Music, Periodicals, Prints, and Smith-sonian) and all general administration, is but 1 7 5 . ~

Each employee is entitled to thirty working days ofannual leave and a possible thir ty days additional of sickleave. During the three months of July, August, and Sep-tember th e Saturday half holiday reduces th e working daysof each week to five and one-half. Th e hours of work are, .by Government usage, based on sound considerations of th eclimatic conditions of Washington, but seven per day.

These particulars, familiar at Washington, are noted forth e information of readers a t a distance who may be inter-ested in a comparison of the expenditures in this as againstother libraries for work similar in character. I do not,indeed, conceive such a comparison instructive, as I know ofno other library whose work is identical or performed underidentical conditions.

Rc=knalrons During t he past year there have been a number of with-drawals from the service. Mr. Thomas H. Clark, Custodianof the Law Library, resigned his position in October last,to return to the practice of law; Mr. William P . Cutter ,Chief of the Order Division, goes to Northampton, Massa-chusetts to become Librarian of the Forbes Library; Mr.Roland P. Falkner , Chief of the Division of Documents,goes to Porto Rico as Commissioner of Education; Mr.Theodore W. Koch, of the Catalogue Division, goes to AnnArbor to become associate librarian of the University ofMichigan; Mr. Robert K. Shaw, of the same Division, to

aThe number of employees engaged upon arrears is about 60.


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Rej or t o f th e L ibrar ian o f Con gress I 3Brockton, Massachusetts, to become librarian of the publiclibrary of that city; Mr. Claude B. Guittard, of the OrderDivision, leaves us for the nearer post of librarian of theCoast and Geodetic Survey (for which he qualified by com-petitive civil service examination); and Miss Hester Cod-dington returns to Madison to become head cataloguer ofthe Library of the Uiliversity of Wisconsin; as Mr. ClarenceW. Perley has returned to Chicago to become chief classifierof the Newberry Library, a library for whose service inother lines Mr. C. J. Barr and Mr. Charles H. Brown hadalready left us. During the past three years, besides severalemployees for subordinate work in as many libraries, wehave supplied in addition to the above, a librarian (Mr.John P. Kennedy) for the State Library of Virginia, andanother (Mr. Phineas L. Windsor) for the State Universityof Texas.

Mr. Cutter came to us as a librarian of experience andrepute gained in a position of independent responsibility.He came from one field of library work; he leaves us foranother field quite different, but stillof library work. Doc-tor Falkner came, not as an experienced librarian but as aspecialist in a certain department of knowledge which formsthe subject-matterof alarge part of the material with which,as Chief of the Division of Documents, he was to be con-cerned. He came from a work of instruction, as an Asso-ciate Professor in the University of Pennsylvania; he goesto the administration of another work of instruction asCommissioner of Education for Po rto Rico.

The highest positions in the Library, those in conduct ofthe several divisions, though by preference to be filledwhere possible by promotion, will, in many instances, at leastfor certain critical periods, benefit by the appointment fromwithout the force of a person who has demonstrated abilityin responsible conduct of a library, or one who as a specialist


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I 4 Report of the L ib ran an of Congressmay bring expert judgment in the select io~~nd interpreta-tion of material, even though unversed as yet in the techni-que of i ts administration. It is to be hoped that in the longrun the Library, with theother opportunities for productiveresearch at Washington, may offer suec ient attraction tokeep the service in these staff positions substantiallystable.

T ra in ing ofi The departure from our service of many skilled and expe-red by library~ v i c ~ rienced workers in subordinate positions is a serious loss not

readily to be made good. Yet it represents a tendency towhich we must submit, in which, indeed, we should take acertain satisfaction. For it implies that the National Lib-rary may become a training school, at least a school of use-ful experience for library workers in advanced fields. I timplies that association with its great collections, its exten-sive bibliographic apparatus, its (in intention at least)scholarly methods, i ts corps of trained scientific experts , itsunique and varied activities, and its varied and exactingconstituency, is assumed to qualify for the conduct of re-sponsible work elsewhere. The prestige which th is asso-ciation confers is one of the inducements that i t offers to it sservice. We can not complain if it operate to deprive usfrom time to time of an efficient employee, for the opportu-nity for a more independent or more remunerative positionelsewhere, to which this prestige may lead, was itself theessence of the inducement.

Th e supply of trained workers to other libraries opensnow an interesting, if unpremeditated, possible service ofthe National Library to the country at large. The Librarycould not take the place of the l ibrary schools; it can notundertake to teach the "elements;" it can give no usefulexperience in the operations and methods of a library of thepopular type; it has no department for younger readers.The experience which it offers can be fully useful only to a


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Rrport of the Libranan of Congress I 5student who has had a broad and thorough general educa-tion, and promptly useful only to one who has added tothis, training in a professional library school.

Rut to those well equipped in these preliminaries a fewyears at the National Library can now, I believe, beregarded as an experience af high stimulus and utility forthat advanced service which will increasingly be demandedin those of our libraries serving the investigator, and whichwill not be superfluous in any of them.

To the satisfaction which it must feel in affording sucha11 opportunity, with the resultant gain to other libraries,tlie National Library will add another: That each trainedworker who goes out froni its service will take with him akiiowledge of i ts methods and i ts aims. I t does not pro-pose its methods as a model for other libraries; but its aimsare to serve them, and a knowledge of i ts methods-as ofits collections and organization-is necessary on the part ofthe correspondent library which is to utilize fully the serv-ice that it desires to render. It will thus hope to regardeach graduated worker as in a sense an ot~ tpost rid a con-tinuing associate in a work which is not confined to Wash-ington, but which seeks to be understood and utilizedthroughout the country at large.

The place of Mr. Clark in November last was filled by m ' rthe appointment of Mr. George Winfield Scott, not a prac-ticing lawyer (although educated to the bar and a memberof it ), but one whose special education in the depar tment ofpublic law (in which he had specialized at several Americanuniversities and been instructor at one) seemed to promiseuseful service in the development of the Law Library in adirectioli which heretofore has had little attention in itsconduct.Th e administration of the Order Division has been ten,-porarily arranged for by the assignment to it of Mr. Edward


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16 Report of the Librarian of Co -~r essL. Burchard, late Librarian of the Coast and Geodetic Sur -vey, who came to us from that positioii last fall, in thefirst illstance for special service in connectioil with our pub-lications. Mr. Burchard was for some years Librarian ofthe Field Colunibiaii Museum at Chicago; and while stil lLibrariail of the Coast Survey acted as Librarian of thenewly organized Department of Comillerce and Labor ofwhich that Bureau became a part.

D! Falkne r's resignation became effective October I .I t is probable that for the conduct of thi s Divisioii Ishall arrange temporarily by a readjustment withill theservice, deferring a permanent appintnielit until, perhapsat t he expiration of th e present fiscal year, the relationbetween this Division and the Law Library and the Bureaufor indexing legislation (if established) shall have beendetermined.

E~f imales nd My recommendations for the present year included twortcommcndalions positions not granted: One a stenographer at $goo for theDivision of Periodicals, the other a clerk a t $600 in theCopyright Office. The y included also certain increases of

-sala ry, repetitions of a residue formerly recommended asnecessary to an equalization of t he service. With these theorganization would reach the plan submitted by me to Coil-gress five years ago, and which must, I t hink , be considereda normal for peremptory present needs. In my estimates forthe coming year I accordingly content myself with a repeti-tion of these recommendations. I ask no addition to theservice and no increase of salary beyond what they embody.

I repeat, also, however, the recolnmendatioil that theappropriatioii for the general increase of th e Library (now

I n d a (0 com- $go,ooo) be made $ I O O , ~ ;nd th e provision for an Indexpavalt w legisla-lion to Comparative Legislation, as follows:

" For services during the fiscal year 1906 in connec-tion with the work of preparing an Index to Compara-


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Rejod of the Librarian of Cotz~vess I 7tive Legislation, including also subscriptions to andpurchase of publications and otlier necessary material,and for traveling expenses, transportation, stationery,postage, and all incidental expenses incurred therein,$28,000."

COPYR IGHT OFFICE

The report of the Register of Copyriglits appears asAppendix I1 to th is report.

Th e principal stat istics of the business are as follo\vs:-- -.LA-..---- - -- COPYRIGH r:Fiscal year-Fees received an d - -- Ia f is l icsa pp li ed 9 0 - 1902-3 1 1903-4I

For assignments re-................orded ..........or searches..Total ..............

Domestic (50 cent s) en-tries. . .....................oreign ($I) entries.........or certificates.

Total number of de-posits received (ma-teri al of all classes. in-cluding duplicates). .. 141.444

Total number of entries. w,98Total communications

received, i 11cl11d n gparcels, but exclud-ing deposits noteda hove ................

Total mmmuuicationssent an t (includingletters written) ......

a3.219.8.gb.00

:2,63r.m

I n my report of last year I noted that the domestic entrieshad of late tended to increase at a greater rate than theforeign. The returns of six as against five years have

&I, +.so8,538.m

reversed this.

&2,173.508,633.03

12.5fq.50 , 13, 223.50Lld 340.009, gg.W

116,760.m10.41o.m

14,423.00 14,556."


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I8 RL$OYLfth e Libraman of CongressI t will be noted tha t durin g the past year the number of

entries has passed the ~oo,ooo ark.Th e fees from copyrights are covered into the Treasury

and not applied directly to the maintenance of the CopyrightOffice. They form a regular revenue of t he Government,however, giving a net revenue over the direct expenses ofthe office, as appears from the following conlparison:

COPYRIGHT OF- RECEIPTSFICE:RccciPf5 and Fees covered in during the fiscal year 193-4, as above... $72,629. ooE.rpenses

Salaries, as stated . . . . . . . . . . . . . . . . . . . . . . . . . . . $70,260.70Stationery and sundries. . . . . . . . . . . . . . . . . . . . . . 902.75? I , 163.45

L --. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .et cash earnings I , 465.55

Th e amount expended for salaries ($70,260.70) includesthe sum of $4,680 paid in salaries to certain employees whohave been classifying and crediting the old deposits receivedprior to I 897. Thi s expel~ditrlre s chargeable to arrears.The czcrrenf expenses of the office are therefore considerablymore thail met by the c-urrcnf receipts.

Th e above statement includes all disburse~nerits xceptthe cost of furniture, of print ing, and of binding, but onlycash recet;bts.

In addition to cash fees the copyright business brings eachyear to the Government, in the articles deposited, propertyto the value of many thousands of dollars. During thepast fiscal year 184,799 such articles were received. Th evalue of those drawn into the Library itself of course farexceeded the amount of the net cash earnings.

Th e work of the Copyright Office is divided into twoportions: ( ) the current business, covering applicationsreceived since the reorganization of the office under theRegister in I 897; ( 2 ) the arrears-the classification, credit-


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Rcy5ort of the Librar ian o f Congress I 9ing , and indexing of tlie entries and deposits prior to 1897(i. e., from 1870, when th e office was first placed under theLibrarian of Congress).

The current work of t he Copyright Office is now kept as C * ~ , r ~ ~ ~ ~ , o r knearly up to date as is possible in an office where the dailybusiness is so fluctuating. During the year the title regis-trations have varied from 107 in one day to 4,031 onanother day. A clerical force large enough to clear offimmediately the applicatioiis received on exceptiorially busydays would be idle during the clays when a small numberof applicetions were received. Owing to this fluctuation inthe liuniber of applications ( a matter over which the officehas no control) a system of adiiiiilistration h as been foundnecessary that will admit of an immediate shi fting of cler-ical force to a ny congested spot, so that there can be aprompt clearing up of the accuniulated business.

On the 2d of Ju ly when the report of the Copyright Officewas submit ted, tlie remittances received up to the first niailof th at day had been recorded and acknowledged. Th eaccount books of the bookkeeping division were written upand posted to June 30, and the accouiits rendered to theTreasu ry Department settled up to and including themonth of June, while earned fees to June 30, inclusive, hadbeen paid into th e Treasury.

All copyright applications received up to and includingJune 30 have been passed upon and refunds made. Th etotal unfinished business for t he full seven years, fromJuly I , 1897, to June 30, 1904, amount to but $436.91, asagainst a total of completed business for th e same periodof $449,277.50

Titles for record in all classes have been dated, classi- T i f l e~fcordcdfied, and numbered to June 30. All titles are indexed upto June 30, except Class A (books) and Class C (musicalcompositions), which are indexed to June 29.


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2 0 R c j o r t o f t h e Librarian of CongressCop~righl e - The articles deposited are stamped, catalogued, andposits credited up to the receipts of June 27 of Class A (books);

June 25 of Class E (maps and charts); Class F (eiigrav-ings), ClassG (chroinos and lithographs), and Class H (pho-tographs); Class I (original works of ar t) , are credited toJune 30; Class C (music) and Class D (dramatic composi-tions) to June 28, and Class B (perioclicals) to June 30.The Catalogue of Tit le Entries has bee11 brought forwardto No. 678 of June 30, 1904.

Tlie certificate and noncertificat entries (all classesexcept A and B to June 27) have been recorded to Jun e29, inclusive, and certificates to June 27 made, revised,and mailed.

During the past seven years the business done showsas follows:Total number of entries.. ............................ 637,749Total t~umberof articles deposited.. . . . . . . . . . . . . . . . . . . 1 , 4 7 1 9. . . . . . . . . .otal number of fees received and applied.. hg,77.50Total expenditure for service.. . . . . . . . . . . . . . . . . . . . . . . . $352,92576..............et receipts above expense for service.. $9635 1.74

During the thirty-four years since the copyright workbecame a business of the Library of Congress the totalnumber of entries have been 1,518,605. Of the totalnumber of articles deposited dur ing that time there arein the files of the Copyright Office, exclusive of thosetransferred to the Library proper, 1,289,028.

Of tlie artic les deposited only a portion are drawn intothe collections of the Library proper. Th e remainder arekept in the files of the Copyriglit Office, stored in the cellarof the Library building. Th e articles thus accumulatedalready exceed a million. They are not of a character tobe valuable in a National Library, still less to be of value inany other library. Th e obligation of the Governmenttoward tliem is not expressed in law, the statute pre-


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Report of the Librar ian of Congress 2 Iscribing the deposit as a prerequisite for copyright notindicating the intentions of th e Government toward thearticles deposited.

Those which can be used in the Library constitute a valu-able asset, but the probable use must be such as to justifythe considerable expense of classificatioli, cataloguing, slielv-ing, and administration. There remain each year a largenumber of articles as to which this expense can not be jus-tified. Th us far these have been retained. They arestored in the part of the building least available for otheruses, arranged on cheap shelving, in th e chronologicalorder of receipt. Their permanellt retention would involvethe maintenance by the Government of a collection alreadyvast and increasing indefinitely at the rate of thousands ofitems each year-a collection useless for literary purposesand inert except for occasional reference in connection withlitigation.

Alternatives presented are:( I ) Th e destruction, after credit given, of articles useless

for the Library. Th is would be wanton, for an articleuseless for the Library may have value in commercesufficient to tempt infringement." If litigation ensue,deposit must be proved and the article deposited must beproduced to show that it is identical with th e articleclaimed to infringe.

( 2 ) Destruction after forty-two years from the originalentry-the ultimate possible period of copyright monopoly.Th e objections to this might be less.

(3 ) Th e return t o the holder of t he copyright of sucharticles already accumulated, and systematic return hereafterto the applicant for copyright of the articles deposited (soa n a suit now pending some ~o.caoentrlesmust be proved of serial publications,which, appearing later iu permanent form, ceased then to have value for the

Library. The damages hid in this suit reach, I believe. nearly a million dollars.


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22 Report of the Libranan of Congressfar as useless to the Library) after they have been credited.Tlley would bear t he stamp of the Office as deposited, inaccordance with law, and thus , with the certificate, beavailable for production in court should need arise. In themeantime, however, they would be preserved at liis expenseinstead of a t the expeiise of th e Government.

I may later submit to Congress some recommendations inthe matter.

EQUIPMENT "\

Th e appropriatioil of $45,000 for furniture , includingesp;c;ially for the year all outfit of mechanical window shadesfor thh main book stacks, has been, as usual, expendedalmost wholly for permanent improvemeilt and equipment ofthe Library. For the smaller and portable articles, such ascard catalogue cases, desks, tables, chairs, matting, windowshades, additional steel trays and cases for the Card Sectionof the Catalogue Division, file cases, book supports, etc.,about $rq,ooowere expended. These articles also included2,704 bronze number plates for the public catalogue traysin the main Reading Room and some outfitting of plainfurniture and floor covering for the Law Library in theCapitol.

AS anticipated in the last report, the Division of Manu-Divizion of Man-uscr


18/77

The Card Section has compiled five additional bulletins H ~ ~ : ~ t z ~ ~ f l O u :in explanation of the system of card distribution; and theCopyright- fifth edition of its Bulletin on the Copy-right Law of the United States as now in force; also furtherInformation Circulars, e. g., as to t he interim copyright act,and importation under it, and as to the copyright treatywith China. Th e List of Foreign Copyright Laws compiledby the Register and appended to my report for 1903 hasbeen issued also as a ' separate. '


19/77

Nine pcrsolls 11:lve co ~~ tr ib ut et lums a i ~ ~ o u ~ ~ t i l l go $86.25for street-car tickets to ena1)le l)li~ld ersons to attend thereadings and ~iiusicals.

T)llrii~g he past year there were 166 reat l i~~gsilti 40~~iusicals. There \\,ere 168 vol u~~ tee readers and 1 4 7inusicia~~s.

r \I he total :~tte~~tlalicef 1)lincl ( r ,296) and seeing (6,344)at tlie rendi~igsa11t1 11111sica1s eached 7,640. The tot al11u111ber f visitors to tlie roo111 \\.as 21,527.

COP\-H I ( ;I-ITS

Th e report of the Register of Copyrights is as unr~al:~ppended ll full (A ppendix 11). X report preparecl by ,him oil C'opyrigl~t ll Co~~gress ,?Sc)-~goq (a conti ~~uat ion .I--of t he statelllei it \vliicli formed Par t 111 of illy last Repo rt) (rfo rn~s special publ icatiol~ bout t o be issued. This, as the 1

1preceding, tlesen-es careful coiisitleratioi~ n c o~ ~ne ct i o~ iithally nlovelllent for th e revision of our copyright law. 1---

LOUISIANA PUKCIIASH E;Xl'OSlTION

The United States Governmelit Board allotted $13,oootoward the expense of an exhibit by the Library ofCongress. The space providetl (only 2 , 0 0 0 square feet)was meager for the display of inaterial characteri stic ofthe coll&tions tl~emselres,co111d such have safely beentrusted in a n a lno u~i t eally significant to the hazards ofth e jourliey and location in all inflamlnable building. I twas, nloreorer, l~roke~ill two by a public aisle. Ailexhibit was, however, undertaken as varied and as sugges-tive as the circunistai~cesseenied to permit. A clescril)tiot~of it is given in Xppe~~tlisIII.

LE:OISLATTON NE ED EDApart from a revisioi~of the copyright law there i.

-.-rupr.r.needed certain legislatio~~hich will facilitate the current


20/77

admi~listrationof the Library. I note especially the fol-lowing:( , I ) Will confer upon the Library the privilege of free

registration of mail matter , already accorded to variousdepartnle~~tsnd bureaus of the Gover~lmen t.

r 2 ) Wil l re~~dcrxplicit the privilege upon the part of) copyright applica~~tsf free t r a ~ ~ s l ~ ~ i s s i o ~ ~o the Copyright-! Office of :~rticles leposited mlder the copyright law. The' privilege was grnntetl in 1867,repeated i ll 1870, lxlt has I~een(. cast intod(ml,t. at least by s ~ ~ h s e q t ~ m teneral legislation.. -1 3 ) %Till si~nilarly ender explicit the privilege of freetransmittal it1 general of mail matter to and from the

Library of Co~lgresson the public business. Tllis hasbeen assumed, but only under the provisio~is f Ia\v touch-ing executive business of the Government in general.

T u r z y laat. Th e i~lclusion of ~ I Z Z L S ~ C ,c / ) v o d ~ l ~ f i o ? ~ . ~// )hotc?yraphs, alzd ul / other Pri l~t ed ?~rn tcr ia l o t~ l ldor r l l r -bolr?zd in the descriptio~i f the articles which, under theact approved July 24, 1897 (par. 500 of sec. 2 ) may beinlported free of d ut y for the use of t he L ibrary of Con-gress. Music the L ibrary lnay now iinport otll?- r111derparagraph 503 (which exempts public libraries in gei~eral).Reproduct ions of photographs are not now provided for ineither paragraph. 3 1 1 some the Library has already actu-ally paid duty- -cont rary to the n~ani fes t tltentiotl of Con-gress that material for the Gover~lrnet~tollections and usesliould enter free."- . - . . . . .. -- . . - .. . . .- - -. -

(I P:lrngr;ll)li 5w is no w n s follows:"SEC. . 'I 'hnt on aiid after the passageof this act. 11n1cssotherwise +pccially

providrd for ill this act, th e following articles w h e ~ l mported shal l be exernytfro111 uty:

* I I * *.'goo. Dooks, engravitigs, photographs, r tchir~gshound or ~ ~ t i h o ~ ~ r l d ) ,~ ~ b y snd

charts imported by ailthonty or for th e use of th e llnited States or for t he use ofth e 1,il)rary of Collprcss."

T l ~ r prcificatio~~sf pnmgraph 503 are "hooks, maps, mus i c , photographs.etchings, lithographic yriuts, an d charts specially imported, etc."


21/77

Appendix IaAPPROPRIATIONS AND EXPEKDITURES, 1903-4

SALARIES I 1 1* ~ Y E : ~ ~ -Expended- I - - Unexpended--

...............................otal 574.W

1,ihrary service:G e ~ ~ e r a l............................. bz35,*.w

Contingent expenses .................... 7.3m.m ! : %.% 1 4Printing nnd binding.. .................. 185,an.w i 145. 162.04 . 39,837.95: ----- ---ralld total ....................... .( 615.839 1 574.032.92 4l.fioh.41a Balance of amounts appropriated by acts of April 28, 1902, and March 3, 1903.b Nominal only. Will he exhansted by orders outstanding.r Exclusive of $1,5w to he expende d by the marsha l of the Supren le Court for

new b oo b of reference for that body.

S1111day.. lo ,wo. w 9,414.06 575.44Special 11 2,739.33 2.649.33 90.2

Distribution of card indexes. 4,goo. w 4,899. yo . 10........................opyright Office 179.30

,--ota1 ............................... 1.394.311NCREASE OF LIBRARY .............urchase of books ......................

IBurchnse f periodicnls.. ..........urchase of law hooks..Exchailge of public documents. ........

$ 2 3 5 , ~ ~ ~ .3

Ohject of expenditure 1 Amount

$548.97

.........................otal.. ................................../ 7.259.86-- - - .- - ............... .- . . . . . . . . . . . . . . . . -( 10 1

~ ~- ~-

Stationery supplies ...................................................... .;Care and ordinary repair of automobile delivery wagon ................Extraordinary repair of automobile delivery wagon due to accident .. .New battery for automobile delivery wagon.. ..........................Horse hire and care of wagon. ...........................................Travelillg expenses.. ....................................................

&.w5.M511.22nao..wm7.37695.70461- 1.3

Dies, presses, and n~bberstamps....................................... : ~ 4 . 8 5Typewriter supplies. ................................................. .i 398.qPmta.ge stemps (foreign correspondence) ............................. .I aj6.mTools.. ............................................................... I 19.20Telegranls ........................................................... . I CH. 8sPost-office 1mx rent .................................................. 16.00Insnran ce, Hubbard collection of prints:. ............................. .I 25. w


22/77

Appendis IbAI'I'HOPRIATIOS ACT FOR TI16 Y E . \ H E N D I N G JUBE 30, 1005

1 , I I I RXKY 01 ' CONGRESSCre~~eraldrll inistratio~l: :or 1,il)rariallof Collgress, $6,000:

chief assistant lib rarian, &,oc,o; cl~i cf lerk, $2.500: Libra-ria~l 'ssecretary, $ 1 , sm ; clerk i ssista~lt to chief cle rC) ,$ r ,OM): 2 stenogral)hers :inti tyl)e\~ritcrs, t $1 ,ocm each;nles.;ellger, $:i&o: in all, $ 3,140.h I a i l mt l supl,ly: For :lshist:uit in charge, $1 , 500; assist-:111t. $c)c,o: nlcssenger boy, $360; i l l all, $2.760.

I'acliir~g alltl stanlpilig: For -. attelltla~lts, t $720 each,5 ,440.Order i purchasillg j : Fo r chief of divisioll, $2,500; :~ss ist-: I I I ~ , $ I , 5 00 ; assistant, $ 1 , 2 0 0 ; 3 assistants, a t $900 each; 2assistants, at $720 each: 2 assista~lts. t $ 6 ~ ) ach; assist-ant, $520; arltl 2 lllessellger l)ops, at $360 e ach; irl all,$1 I ,730.

Catalogue and shelf: For cllief of divisio~~,3.r~m; assist-ants, at $1,800each; 7 assistn~lts, t $1 , 5 a ~:~c l~ ;assis ta~~ts ,at $ I , ~ O O ach; I 2 assistants, at $ 1 , 2 0 0 each; 6 assistants,at $ I ,ooo each; I 4 :lssista~lts, t $900 each ; 4 assistatlts, at$Xoc~each: I 3 assis ta~~ts ,t $720 each; 3 assistatlts, at $600each: ro assistants, at $540 each; 4 assistants, at $480 each;6 nlessengers, at $360 each; it1 all. $87,740.

Di~ldi~lg:or nssistat~t t1 charge, $I , 2 0 0 ; assistant,$900;nlesserlger hop, $360; i n all, $2,460.

l


23/77

at $900 each; lo :lssist:unts. at $720 each: r attendant.Scnate reatli~~goom, $goo; I a t t ~ ~ ~ d : ~ ~ l t ,el)rcse~ltativCS'reatling roolii. $900; I :~ttentlant,Represei~ tatives' re:ltling-room, $720:. 2 a t t e ~ ~ d a ~ ~ t s ,loak rooiils, at $720 cacli: r:~ t t e i~ t l a~ i t ,oiler X4ibrary,$goo; I :~ t tc l~dant ,\iasliingtorlia~iI,il)rnry, $ 9 ~ ; messenger boys, at $360 each: 2 \vatch-men, :~ t 7 2 0 e:lcIi; C ' V C I I ~ I ~ ~ervice: 5 :lssistants, at Sqi3oeach; I 5 assist:~i~ts,lt $720 eclch; in :111. $47,640.

Periotlical (,iilclrltling c v e ~ ~ i i i ~ervice): For chief of tlivi-sion, $~.(x)o ;llief a ssis tal~ t, 1,5 00; 2 ass is ta~~ts ,lt 5900each; 3 nssistcl~~ts,lt $720 each: 2 iiiesseliger bo ~.s . ~ t 3 0 ~each; for arrears of sortiug :u~tl o llat ii~g ni~tl o cl~ al )le e-riodical reatl ing roorn to 1)e ope11 l l the evenil~gs. nsist-ants, at $720 each; i l l all, $9,620.

Docui~~ciits:or chief of tl iv isi o~ ~,3 , ~ :ssist:uit, 5 .zoo:stenographer ant1 tyl )e~ rrit er,goo; assis tant, S72o; messell-ger. $360: in all, $6,180.

M:uiu.script: For cliief of di vi si oi ~~3 , 0 0 0 ; assist:u~t. .=yx1:ass is ta~~t$goo; iiiessenger boy, 9360; i l l :dl, 95. (I$,.

hIa1)s a11t1cliart s: For chief of di risioi i, 93.00 : :lshistn~it.g r . 2 ~ ; assistants, at $900 e:~ch;assistant. S72o; nlcssell-ger boy, $360: il l :dl, S7,oSo.

Music: For chief of division, $z,mo; assistant, 6r.400:assista~it. 1 ?coo; 2 assistants, at $720 ench; niesseilger 1)oy.$360; in all. $6,200.

Prints : For chief of divisiori, $2,000: as sis t:~l~t ,I , XIO; 3assisla~lts, t $ 9 ~acl ~ ; iicssclljier, $;Oo; i l l :111. 55.3f.10.

Sinithso~~inneposit: For citstotlia~~,1 ,goo: a-;sistai~t,$1,200; nlesseilger, $720; lrlcssellger bo!., $60; i l l all,83,'iSo.Congressio~~al efer e~~ cc,il)rary: For custotliaii. 51.5oc1:assistant, $ 1 ~ 0 0 ; s s i s t a~~ t ,900; :~s>istai~t.710: 3 111~'s-senger boys, at $360 each; in all, $g,o4o.

Law Library: For c r~s tod ia~ i,2,500; 2 assistallts. at$1,4oo eacli; messenger, $goo; assistant for evening service.Sr 500; in all, $~,;o o. .

COPYRIGHTFFICE, under tlie direct io~i f tlie I,il,rarianof Congress: R egiste r of copyrights , $~ . ooo :l~ief lerk a ~ ~ dchief of bookkeeping di visio~ l, 2.000; chief of al,l)licatic~ritli\rision, $2.ooo: 2 clerks. at $1,800 each; 4 clerks, at 61 Goo


24/77

each; 8 clerks, at $I ,400 each; ro clerks, at $I , 2 0 0 each;!3 clerks at $ I ,000 each; 13 clerks, at $900 each; 2 clerks,at $800 each; 10clerks, at $720 each; I clerk , $600; 2 riles-senger boys, at $360 each. Arrears, special service: 3clerks, at $ 1 , 2 0 0 each; porter, $720; luessenger boy. $360;in all, $74,700.

For senice in co~~llectionith the di stributio~l f cardi~lt lexe s ~l tl ther pu1)lications of the Libr ary, $6,800.

For special, tenlporary, a nd n~iscellaneous ervice, at thetliscretio~~f the Ijh rar ian , to co ntil ~ue vailable until ex-pe~~decl,2 ,t>oo.To e11a1,le the Lil )rary of Congress to be kept open forreference use from 2 t111ti110o'clock p. nl. OI I Su~ldays ndlegal holidays, rnithi~~he discretion of the I,ibrarian, in-clutling the ext ra services of enlployees and the services ofadditional employees tlnder the Librarian, $ 1 0 , 0 0 0 , or .soIIIIIC~I thereof as may 1)e necessary.

INCRE.\SE F I,IBK.\KY E' CON(:KE:SS: or pnrchase oflmoks for the Lihrary, a~ltl or freight, co n~ mi ssi o~ ~s ,ndtraveling expenses incitlel~tal o th e acq uis iti o~~f books 1,ypurchase, gi f t, or ex cl ~a ~~ ge ,go,ooo;

For purchase of l,oc>ks ant1 for periodicals for th e law li-brary, under the tlirectio~~f the Chief Just ice, $3,030;

For purchase of new books of reference for the SupremeCourt , to 11e a part of t he 1,ibrary of Congress and purcl~ased1,y the 111arsha1 f t l ~ e t ~ p r e ~ ~ ~ eour t, 1111rler he directionof t he Chief Justice , $1,503;

For pt~rchase f ~l~iscellane ouseriodicals and newspapers,$5,000;For expenses of ex ch a~ ~g in gublic documents for thepublications of foreign governmellts, $1,800;

111 al l, $101,300.For nliscellaneous and co ~ i t i n g r ~ ~ txpenses of t he I,i11rary,

stationery, supplies, and all stock ; u ~ dmaterials directlypurchased, ~~tiscellalleousraveling exptrtses, postage, trans-~o rt at io u, nd all incidental espenses col~nectetlwith theadn~ inis trati on f the 1,ibrary and the Copyright Office,which SIIIII shall be so apportioned as to prevent a deficiencytherein, $7,300.


25/77

CUSTODY,AKE, A N D MAINTENI~NCE 1.' LIBRARYII:IT.I?-IN(; AND (:KOITNI)S: For saperiutel~de utf the Library 1)uilrl-ing ant1 grouilds, $s,ooo: chief clerk, $z,ooo; lerk, $ I ,600;clerk, $1 ,qoo; clerk. $1 ,ocm; r incssenger: I assistniit incssen-gcr; 2 telcl>hoileoperators, at $ 6 ~acl ~: aptain of \\-atell,$1,400; l ieute~~a~~tf \\x tcl ~, 1,000; IS \~itcllii~eii;:trl)e11-tcr, $()oo: ):~iiiter , goo: forellla11of Ial)orcrs, $gtm; I.+ 1:ll)or-ers, at $4So c:ic.l~;2 :ittci~~laiitst1 1:itIies' roolll, :lt $4So each;2 cl~eckh y s , ;it $360 e;lch; illistress o f cl~ar\voii~ci~,425;assistai~t i~istrcssf chnr wo~li ci~,3m ; 45 cli:lr\\-o111ci1:.l~iefe!igiiicer. $1.500; I assist:iiit eiigii~eei-.Q i . 2 ~ ; ;\ssis1;111tei~giiicers, t $1 ,om :~ch: elcctrici:111, 1 .SW; :issistai~tlcc-trician, $1 ,oar>; i ~ l a c l ~ i ~ ~ i s t ,$I ,ooo; n~acl~inist,qi~); \\-ire-men, at $900 e:ieli; l)luii~ber,900: 2 elevator co~~tl~~ctors,at $720 each; 9 fireti~ei~;skilled Inhorers, :it $ 7 2 0 each; ill',all. $76!7Y5.

For ex tra services of einployees aiitl atltlitio~ial ii~ployeesuntler the superititeudeut of lihrary hiiildii~g nd ar ol ~~ lt lsoprovitle for tlie opening of the Library I)uiltling frc>ii~. untilro o'clock 1). 111 011 Sundays and legal holidays, $'.SOO.

For fi~el,ights, repairs, and miscellaneous supplies , clec-tric ant1 steani :~pl ,arntus, reference books, stationery, ant1all iilcitlental exl)en.ws il l coniiectioil with the custody, care,arid inaiiii-ci~;~iicef s:titl I)l~iIdil~gnd grout~ds, 3 2 , 5 0 0 .

For furniture. i ~ ~ ~ l \ i d i i ~ gartitions, screeiis, slielvii~g,111delectrical work pertaiiii i~g hereto, $40,000.


26/77

Appendix I1KI:PORT OF 'IHE REGISTER OF COPTRIGHTS FOR THE

I;ISC.ZL YE . 1H 1903-4Il'tr,s/ril


27/77

r OR Rrport nf hc Librarian of Congressc ~ ) f i ~ , w ~ l ~ / c ~ ~he copyrigllt fees received ant1 paid into the UnitedStat es Treasury during th e last seven years, from July I ,

1897, o June 30, 1904, n~ount o $449,277.50, hile theslll~lused of t l ~ e p1)ropriations for salaries tlltrillg tha tperiod was $352,925.76, eavillg an excess of fecs over:ippropriations itsed for service for the seven years of:$96,35.74.

( @ . V Y ~ X ~ / I ) i l r i ~~ghese sallle seven years the articles received nsJ)SJZtJ deposits al~l ou l~ to a grant1 total of I ,oG8,79 pieces, iuclud-

illg two copies c:~chof 54,921 )00ks al ~d )nl~lpl~lt'ts,4,335leaflets, 46,865 eriodical colltrihcltions. 4,91,2 rnl~lntic olll-positions, I r6,743 ep:irate ~lil lnl)ers f periorlicals, I32,706m~~s i c a lolllpositioi~s,10,759 llaps and charts, 33 ,011engravings, cuts, and prints, 10,801 chron~osand litho-graphs, 80,583 photographs, and 389 ~niscellnneous nrti-cles. I11 addition to the above, 16.509 photograpl~s \,eredeposited to itlenti fy th e same 1111nll)er f original worksof art-pciintings, dra ~vi ngs , nd statuary --of ~vh ich thedescriptions had been filed. Many of these articles are ofconsit1er:ible value.

COPYHICIIT ENTRIES AND FEESR e ? ~ ~ ~ r a / ~ o r ~ she entries of titl es for the fiscal year reached the

highest number in the history of the Copyright Office,namely, 103, go. Of these entries 92.720 were titles ofthe procluctions of citizens or residents of the United Sta tesant1 10.410 \.ere titl es of works by foreigners. Th e feesfor these entries were: Cnited States, 446,360; oreign.$10,410, or a total of 5956.770.

a , f the foreign entries 2.649 \\-ere with certificates, andPIL of the United States entries 24,863, r a total of 27,512certificates, at fees nl~~oii~itil~go $1j,756. I11 addition,1,600 opies of record were furnished for $800 in fees:assigilments to the ~lil~l~berf I ,093 were recorded andcertified, at a cl ~a rg ef $1,273,nd searcll fees cllnrged tothe amount of $30. Th e detailsof the Copyright Office Imsi-]less and applied fees are set out in Exh ib its A , B , and C.

Tl lc number of entries in each class fro111 July I , 1903,to June 30, 904, s compared ki t h the numl)er of entriesmade in the previous fiscal year, is seen in Exhibit F.


28/77

Tl ir \.nrious articles tlepositetl ill coliiplia~ice \\.it11 tl ~e ~, ;; )' :, :" ~' ~~e-cop!.ri);lit la\v, \\ hi cl ~ Ila\.c 1)ecu rccriptetl for , stalllpetl,creclitetl, illclcsetl. :~ntlca ta lo ~u rd lurilix tllc fiscal yearX I I ~ O L I I I ~o 154,799. 'l'l~is is ;I K : ~ ~ I If j ,?So over the pre-cetlill< fit;..cal .ear. 'I'lle I I ~ I I I ~ ) ~ ~f these articles i ll e:1c11cln.st;.. for tile .sir fiscnl !.e:lrs is sho1\-11 i l l Exl~ ib i tG, nlldi~~ t l i r a te sgralltl total of r , c ~ ) O X , j r r c )articles receivetl il l tliesix !.c:li-s.

~ O l ' Y R I C ~ l l ' I 'C.\'r.\I.O(;l.I*: . l S I > I SDEX> ,1 lc usual for~l- 1113Kt61~1! \-o11111les f tile Catnloguc of i > ~ / , ~ / t ~ , q u =,litlc 1


29/77

R s v . ~ ( ~ ~ ~ ~ o * ~ J .unl her of entries of United States pro tluct~ ons ecorrled. . . . Q2, 720' IC . Sunlher of entries of foreign productions recorrletl . . . . . . . . . I


30/77

has no control) a s),steiii of ad~n i~lis trn tioliias beell foundnecessary that loill :ithnit of ail ininlediate sliiftiilg of clericalforce to :lily coligestetl spot, so th at there call be a promptcle:lriiig 111.) of tl ie accnnlli latetl 1,iisiness.

At this (late (J111y2 , 1904) LIIC'rclnittaiices received lip to "'co"n'sthe first i1i:lil of the tl:xy llave 1)ecli ecortletl aiitl nckiion~letlgetltlie accolllit l,ooks of the bookkeeping tlivisioii are ~vritten111 :lilt1 posted to J ili ie 30, :u1(1 tlie accom~ ts el~tleretl o theTreasnry I)cp:lrti~~eiitre scttletl up to ali tl i~ i cl ~l tl in ~heiiiontli o f Jiine, while e:ir~ietl ees to J une 30, incliisive, have1)eeii 1':~itl iiito t lic 'I'reaslir!..

All co1,yright a1,l)licatiolis re~eivetlnp to :lii(l iiiclli(1iilgJniie 3~ have 1)ct.n p:~ssetl upoli aud rcfilntls rnade. Thetotal ~u~fiiiislied>usi~iessor the fill1 seven years, froiii JulyI . 1H97. to Julie 30, 1904, aniouiits to biit $436.91.

Titles for record i ll all classes have 1)eeii tlatetl, classified, T i f I c~~frnvdedant1 iinilil)eretl to Julie 30. All titles are intlexed np toJune 30, except Class A (1)ooks) :1ii(l Class C (n~ns ical olli-positions ) . wliicli are ilitlexetl to Jiilie 29.The articles tlcposited :Ire staliil,etl, cataloglietl, ant1 cretl- i,'P"si'5ited 111) to tlie receipts o f June 27 of Class X ( l~ooks) ;iine25 of Class E (niaps alitl cllarts), Class F ( eiigraviiigs),Class C= cchronios aiitl l ithograph s), and Class I1 (plioto-graphs ) ; Jiiiie 30 of Class I ( original works of ar t ) ; mliileClass C (i i i i~sic)iicl Class 1) (tlrmliatic conipositioiis) arecredited to Jiiile 28, aiitl C1;iss 13 ( periotlicnls) to Julie 30.Tlie Catalogue of T it le 1':ntrics has been brought forwardto No. 078 of Jiliie 30, 1904.

The certificate aiid iioiicertificate entries (all classes,except A and 13, to Jliiie 27) have 1)eeii recordetl to June 29,i~icll~si\.e.ind certificates to tlie same tlnte niatle, revised,alitl iliailctl.

C'oi~gress , n the a1>pn>priatii)lict for the fiscal year just ,4r'ear~Tclosetl, contiiitietl tlic sl~eci al orce for work on the arrearsof Col)yright Office l)usi~ iessprior to Jnly I , 1897. Tlieexaiiiinotion an d arrangeiiie~~tf the I I I ~ S S f tlepc,.sits hasbeen coritiiiued, anti a total of 80,770 articles have heenhandletl, including the segregat ion and filiiig of 37,885


31/77

Rr jov t of tk e Libvuviaft of Co7tgvcsspieces of music and 23,694 iniscella~~eousrticles (books,dranias, maps, engraviiigs, cliroinos, photographs, etc.).

More tllati 8,000 index cards Isrere writ ten, and 1.844entries cleared and the necessary credi,ts made.COPYRIGHT LEGISLATION AND INTERNATIONAL COPYRIGHT

RELATIONS

Interim ,v$Y- During the fiscal year covpred by this report six separaterrghf act \ileasures were preseiited to Lgiigress regartliiig copyright.one of \vhich becaine law. Th is was an "Act to afford pro-tttctioil to exliibitors of foreig i~ iterary, artibtic, or i~liisical\slorks at tlie Louisialla Purcliase Exposition," approvedJauuary 7, 1904. Tllis act (tlie full text of wliicll is printedin the Appendix, pp. I 27-1 2g), gives to the author (o r theheirs and assigns of the au thor ) of any book, Inap, chart ,clraiiiatic or illusical compositiou, engraving, cut or print,cliro~iio or lithograph, photograpli, pai~ itilig , drawing,statue, statuary, or a illode1 or design intended to be per-fccted as a nrork of the fiue ar ts, which is produced abroadand sent for exhibit to the St. Louis Exposition during1904,copyright protection for an interim term of two years.dat ing from the receipt of one copy of tlie article in theLibrary of Congress, or , in t he case of a work of the finear ts , of a description and a photograph of it. A fee of $ I . j ois required for t he registratio11 of each title with a certifi-cate ; each volume of a book in more than one volumerequiring separate e3try and fee. Th e fees thus received atthe Copj righ t Office are required to 1x paid into th e Treas-ury of t he United States. The act provides tha t no regis-trations are to be made thereunder after the 30th da y ofNoveinber, 1904. If during the two years' term of protec-tion, in tlle case of a book, two copies of tlie original textof any suc11 book, or of a translat ion of it in the Englishlanguage, are deposited in the Copyright Office printed froilltype set witliin the limits of the United Sta tes or fromplates iilade therefrom, or, in the case of a photograph,chrori~o, r lithograph, two copies printed from negati\-es,or drawings on stone made within the limits of the United- States or f rom transfers made therefrom, are deposited, such


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depo5it in either case shall be held to exte nd the term ofthe protection for the full term s of the present copyrightlaw, viz, forty-two years. Esc ept ill so far as this actauthorizes and provides for tcnlporary copyright protectionit i\ not to he collstrtied or held in ally lnallller to affect orrepeal an y of the provisions of the Revised Statute.; relatingto copyrights or tlie acts ame~ldatoryhereof.

After the passage of this act the question was raisedwhetlier i t re~~~ovedhe interdiction of iniportation provided1)y th e act of Ptlarch 0 , 1391 , o far as l~ublications xhibitednt St . Louis and regihtered lll~ tler he new law were con-ceri~ccl. nd inquiry to thi s effect was submittetl by theGe r~na il il11)as.saclor to the Secreta ry of Sta te , \vho trans-fei-rctl the i:~quiry o the Secretary of' tile Treasury and tothe Librarian of Coilgress. Th e Hon. Leslie N. Shaw,Secretary of the Tre asur y, replied to the ambassador's[lnestion in theaffirnlative,1111der date of March 1 2 , ancl theR.egi>ter of Copyrigh ts stlbmitted to the Librariall of Con-gress a " Jlemor: li~duln" dated March 19, to the effect thatthe l~o hib iti on f ill ~pr ta tio n f the act of March 3, 1891,does not apply to the articles nalned in section I of the3ct of January 7 , 1904."

In addition to the interin] copyright bill referred toabove, ~vh ic h ecame law, five tlistiilct copyr ight iileasureswere presented to the present Congress for its considera-tion. These were treated in various bills ant1 reports, butfailed of enactment into law.

n . Coj?l~r


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obtains a copyright for n translation of it witliin t\velve111o11ths fter the first pul)licatio~~f th e 1)ook. 11c sha ll t husobtain for th e tern1 of the cop yr i~ ht -"the sole lil~ertyf printing, r e ~ ) r i ~ ~ t i ~ ~ g ,~ ~ l ) l i s h i ~ ~ g ,c:~tl-ing, translating. ant1 dr a~ ~~ at iz ii ~ghe said book, n ~ i t l . ll tliccase of :I dran~atic on~positiot~,f publicly l)crforlniliq t ! ~ vsalne, or of c:lusi ~~gt to be perfor~nedor I-cprcse~ited 1yothers."

' a I Ail error having occurred ill the first page of this 1)ill :IS."-?, origii~:lll!. printed, it wa.\sorderetlreprinted on Decciiil~cl- .I()(),J, as Sellate bill 110. 22-9 . ' ' ni~cln7as reportetl 1)y Seii :~torClapp, from the Senate Conlnlittee oil Patci~ts, 11 J :~~iunryY , 1904, wit11 tlie recoi~~n~endatiot~that it pass \vitlioutamend~nent.' "HOYZPil l t~o .

"I.': This sa111enleasnre was i~ ~t ro tl ~~ ce tll l the IIouse of Rep-resentatives by Mr. Ci~rr icr ,f Ke\v Hnln psl~ ire, n I kcetil-ber 9, 1903. and was referred to the House Comn1ittt.e oilI'ntc~its u~tlordered to be printed as House Ii ll 110. 64S7 ,e~~tit lvtiA hill to alllend chapter forty-iiitie h~~t~tlre(liitlfifty- two of th e Keviseci Stnt~i te s." Th e bill \vns reportetlto the Ilo~tse ,y the Co~ i~ n~ it te en Patents on hIarc11 I ,19oq,with an~et~tl~neuts,n~dwas referred to the HouseCalendar and ordered pr inted, and was reprinted \\.ithoutchaage of number,(: he report being- also printed as Housereport no. 12?)7." The nil~endme~ltroposed by the Coln-111ittee ou Pa teut s (in addition to the shif ting of someconlmas, and the chauging of " ha$tc,u 4 9 5 2 " to ' .VY-/I'OIL+).52" il l the title of the bill) is the addition of n provisot o the c-ffcct that the net-' ' s11:1ll o111y nl)l>ly o a citizen or subject of n foreign stateor 11atio11 hcit sltch foreign state or atio ion 1)ernlits t o citi-zens of the United S tates of America the beliefit of copyr i~h ton the same basis as is given to it s citizens by thi s act."Congress adjourned without further action by either ITo~tsi.on this hill.- .- -. . - ~

%:or th e text of this hill see Appendix. 1)p. I.;X-I.:',.b S e r ~ a t cepnrt 110. 186; se e Apperidix, p. 109.cFor t ? x l n f this h i l l .ire .4pperlrlix.~ 1 ) . . i q - ~ j o .dFor text of this report see Appendix. 11p.141-:.1.1.


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A bill to establish a series of free text -books to be used *r0u3t l l f J .9-797in tlie 1>1iLlic chools of tlie U~~ itc cltates was ii~troduced

by Mr. Kuapp, of Ncm York, OII Jailnary S, 1904, aiitl wasreferred to tlie I lonse Colllii~ itter il Ijclucatio~i iid orderedprinted. It al)l)ears :IS House 1)ill 110. 9297 of the Fifty-eiglitli Cougreas, seco~itlscssioii, :~i id s priiited il l full i llthe A\p~)eiidiso this report. 1):~ges 44-145. The 1)ill wasiiot relxn-tetl 1):~cko tlie IIouse.

Xlr. I',artlioltlt, of Missoliri, introdticed, on Jaliliary 8 , f fo rr ~e bi ll s s .1904. ' ' request." "A bill to anicncl ti tle s ixt y, chapter Y32'' 11""three, Of tlie Kevise(1 Stat iite s of tlie Uliitecl States , relatingto cop!.riglits," \vliicli was refcrred to the House Conimitteeoil Patents aiid ortleretl priiited. I t appeared as House bill110. 9324, aiid on Ja~iuary 30 was reiiitrotluced, slightlyaltered, aiitl reprinted as House bill no. I 1450." Th e 1)ur-p s e of this bill is to secure the ii~ sertioi i n tlie list of thesubject-iiiat ters of copyright of th e lollomiiig artic les: "Anycheck, volicher, certificate, or other 1)usiiiess form entire lyor partly printed." Congress has taken iio further actionon this bill.d. AJLiazi t that ro$yr&,'r t b o o b h a ~ l e L J L V L fl$e set i ? ~he

I ,Jr~itcd taf fsOn March 2, 1904. Mr. Taw ney, of Minnesota, intro-13zy lo .

ducecl "A bill to am ei~ d he copyright laws," which wasreferred to th e H ouse Conlinittee oil Pate nts and orderedto be printed. Th e bill appeared as House bill no. 13355 ,~aiicl prolwses a proviso to section 4956 of tlie RevisedStatutes , \vhicli requires tlie deposit of American-madecopies in th e case of Imoks, pliotograplis, cliromos,, aiidlithograp hs, that stlcli copies he accoinpa~iietl,y an affidavitthat they have breii thus protltlced it1 tlie United States.Th e bill was reported with ail aiiiei idr~ient n April 26, 1904,.- - -- - . -. - .---

For text of thi- In11 ?cc .ippeudix, pp. 146-14;b For ful l text of this bill, sve Appendix, pp. 147-150.


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I 16 Krlpovt o f fhc Libv~zr in.t of' Cb~lgvessreferred to t he House Caleiitlar. :~iitl rdered to be reprinted.The \) ill as aiiieiidetl provitles:

"That accompanying the two copies of the book. photo-gral)h, cl~roi~ior litl~ograpli recli~iretl o 11e clcli~.ereclordepositetl, as herein pro\.idetl, there sliall be ail affitlavituiitler the official seal of ally officer au' tl~orizet l o atliiiiiii.;teroaths \vitl~i~ilie UiiitetI Sta tes , duly niatle 1- the persoilclesirii~g he snit1 copyright or by liis tluly autliorizctl agentor represc i~tqtive esicli~ig n tlie I~~ ~i t e c ltates, settiiig fo rththat the two copies rccluirctl to he so tlepositeti hat.^ I)ei.iiprinted froni type set \vit h~>\tli ciniits of tlic 1:nited Statesor fro111 plates niade tlierefrohi, or fro111 negatives or draw-iiigs on stoiie made withi11 the liniits of the Unitetl States orfron tran sfer s ii~ade l~erefroni; ':: :k * anl~d tlie place~v ith in lie limits of the ITiiitetl Stat es a t \vh icl~ uch typewas set, or plates or negatives were made, aiid 1)y nhoni. "

A seconcl section of the I~ il l urther provitles:' ' Th at any person violating any of the provisio~is f thisact or \rho shall be guilty of innking a false affitlavit as tohis having complied with tlie contl itio~is liercof for thepurpose of obtaining a copyright shall I,e tlee~~~eduilty ofa ~iiisclen~eanor,nt1 up011 co~~victiotihereof shall I)e pun-ishetl 1)). a fine of not inore than one thousantl tlollars, ant1all of liis rights :~iltl rivileges under said copyright >11:111t11ere:iftt.r be forfeitetl. "

HOUSP ~ p 0 1 1rru A57 'I'he hill wnh rcportetl 1)y hlr. Otis, of S ew York, from theHouse Coii~itiittee 11 I'ateiits, oil April 26, :ii1c1 the report

was refcrretl to tlie House Caleiitlar and ordered to be printedas House report 110. 2857.11 The report states that theprehei~t aw \vliicli requires the tieposit of two copits of acopyriglit ~~uhlicationrinted froin type set xvithiu theITi~itetl States tloes not reqiiire any proof to be filt-d thatsuch 1)ooks have been so printed, nor impose any penaltyfor failure to comply with this condition, and continues:

"After investigation your committee have reason to hc-lie1-e that it is not only possil~le,hut that in some :nstancesthe present law has been evaded and violated to the i ~ ~ j r ~ r yof American lalmr, a t ~ dhat this call be (lone with coinpara-tive ease ntitler the existing law; that there is 110 rr111edyaild no means of enforcing this condition as to printing fromtype set by American labor and within our own conntry.That being the case, your cor~iniittees of the opinio~i hat- -- -.. . . . . . ~. -- . . ~~ . . . -. ~

'I For tcxt uf this report, kcc . i p p e ~ ~ d i x .J ~ . ~ L - I ~ Z .


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I 36: R@ort of the Librarian cf Congress516. Books, or libraries, or parts of libraries, aud other

vn ~01111-ousehold effects of persons or families from forei,tries, if actually used abroad by tllelil not less tliali oneyear, and not i~itetlded or ally other person or persoils norfor sale.

(.Fifty-first Congress, first session, ch. 1244, 6 Stat. I,.,P 604.)

[S. 2229. Caletitlar So. %. Report KO.1%. Fifty-eigl~tliCongress,aeco~ttlse si on. It1 the Se~inte f tlte ITttitwtStates. Dece11iI)erS ,'903.1Mr. Pla tt, of Connecticut, introduced the following bill;

which was read twice alicl referred to the Colilinittee onPatents.

[ J a ~ t ~ ~ a r y, 1 ~ 0 4 , eported by X r. Clapp, withoat nmandtornt.]A RILL to arnerid chapter forty-]line hutidred and fifty-two of tlie

Revised Statutes.s n a r e no . f?(. i f enacft-d61. tlre S'rl~nfe nd House qf* Rejresel~fafivesf

2219 the U ~ i f c d fafes of i l~r~er ican Cof~g rcss sscmb/ed, Thatsection forty-llille hulldred aild fifty-two of the RevisedStatutes be , and the same is hereby, amended so as to readas follows:a "SEC. 952. Th e author, illventor, designer, or proprietorof any book, map. chart, dran~ aticor musical composition,engraving, cut, print, or photograph or negative thereof,or of a painting, d rawing , chroino, statue, statua ry, and ofmodels or designs intended to be perfected a s works of thefine arts, and the executors, administrators, or assigns ofany such person shall, upon colnplying with the provisiollsof this chapter, have th e sole liberty of printing, reprirlting,pnblishiug, completing, copying, executing, finishing, andvending th e same, and in the case of a dramatic compsi tiol lof publicly performing or representing it or causing it to heperformed or represented by others; and authors or theirassigns shall have exclusive righ t to dramatize and translateany of their works for ~vh ich opyright shall have beenobtained under t he laws of the United States."Whatever the author or proprietor of a book in a foreignlanguage, which shall be published in a foreigu country


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148 Rtlpo rt o/ the Librariar z (f o~tgress[April 26. 1 9 4 ,rep orted w it h a ll ar n e ~ ~ d n ~ e~ ~ t .eferred to the House. Calenclar. R I I ~

ordered to be printed. Onlit the part hracketcd and insert the part In it;ilics.]A BII.,L to amend the coprrigl~taws.

"" B E f ~ 7 z a ~ f c dy f /zc Scnnfe and Huz~sc f h 'c f i rc . s~ ~~ zfn f i r~ ~~ .~fthe U ~ l i f e d f a f t s of .-lurerira i~ Gong-YLTS a$sc'~zb/ed, hatsect io~l orty-nille Ilul~dred nd fifty-six of the Revised Stat -utes be, ai ~t l he same is hereby, amended so as to read asfollo\vs:

' SRC.4956. No person shall be elltitled to a copyrightunless Ile shall, 011or before the day of publication, in thisor ally fo rei g~l oulltry, deliver at the office of the Librarianof Congress, or tleposited in tlie 111ail within the CnitedStates, atldressetl to the Librarian of Congress, at Washing-toll, Tlistrict of Columbia, a printed copy of the title of thebook, map, chart, dramatic or musical conlps ition , eligmv-ing, cu t, prin t, photograph, o r chromo, or a de.wril>tion ofthe painting, drawing, statu e, statuary, or a motlel or de-sign for a 1~7ork f the fine arts, for wh i c l ~h elesircs a copy-right; nor unless he shall also, not la ter tl ~a li lre day of thepublication thereof, in this or any foreign cwuntry, deliverat the office of the 1,ibrarian of Congress, at IVashington,District of Columbia, or deposit in the nlail with in theUnited States, addressed to the Librarian of Col~gres s, tWashillgton, District of Columbia, two copies of such cop!-- -right book, map, chart, dramatic or musical composition,engraving, chromo, cut, print, or photograpl~;or , i l l caseof a painting, drawing , statue, statuary, model, or designfor a work of the fine art s, a photograph of the same: Pro-zlidcd, Th at in the case of a book, photograph, chr on~ o.Jrlithograph, the two copies of the same required to be de-livered or deposited as above, shall be printed from type setwithin the limits of the .United Sta tes , or from plates madet.herefron1, or from negatives or drawings 011 stone madewithin the limits of the United States, or from transferslnade therefrom. During the existence of such copyright,the importation illto the United States of a r~ y ook, chromo,lithograph, or photograph so copyrighted, or any edition, oreditions thereof, or any plates of the sanie not made fro111type set, negatives or drawings on stone made within thelimitsof th e United States sha ll be, and is hereby, prohibited


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