US Copyright Office: ar-1921

8/14/2019 US Copyright Office: ar-1921

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REPORT OF THE REGlSTER OF COPYRIGHTS FOR THE FISCU YEAU1920-21

WASHINGTON,. C., July 6 , 1921SIR: The copyright business and the work of the Copy-right Office for the fiscal year July 1, 1920, to June 30, 192I ,inclusive, are summarized as follows:

RBCRIPTSThe gross receipts during the year were $141,199.33. A Fll.balance of $12,442.30, representing trust funds and unfin-ished business, was on hand July I , 1920, making a total of$153,641.63 to be accounted for. Of this amount the sum of$4,841.34, received by the Copyright Office, was refunded as'

excess feesor asfeesfor articles not registrable, leaving a netbalance of $148,800.29. The balance carried over to July I,1921, was $14,284.14 (representing trust funds, $I 1,037.64,and total unfinished business since July I , 1897-44 years-$3,246.50), leaving fees applied during fiscal year 1920-2 Iw d paid into the Treasury $134,j16.t5.This is th e largest year's business in the history of th eoffice.The annual applied fees since July I , 1897, are:


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I 16 Report of the Librarian of Congress~ d s r i r ~ The appropriation made by Congress or salaries in the

Copyright Office for the fiscal year ending June 30, 192 I , was$104,740. The total expenditures for salaries was$104,487.14, or $30, 029.01 less than the net amount of feesearned and paid into the Treasury during the corresponding

Siatimnl. an dsundries year. The expenditure for supplies, including stationeryand other articles and postage on foreign mail matter, etc.,

was $1,603.31, leaving a balance for the year of $28,425.70to the credit of the office.CO*Y During the 24 fiscal years since the reorganization of thei4ibIrd us Copyright Office (from July I , 1897, to June 30, 1921) thecopyright fees applied and paid into the Treasury haveamounted to $2,240,332.35, the articles deposited number

4,661,213, and the total copyright registrations number2,644,552.

E x a s s of bss The fees earned ($2,240,332.35) were larger than the appro-o l r a I s h r i r s priations for salaries used during the same period($1,928,321.21) by $312, 011.14.

VJu of cobv- In addition to this direct prolit, the large number of over*I &Mrirr 4,500,000 books, maps, musical works, periodicals, prints,and other articles deposited during the 24 years were ofsubstantial pecuniary value and of such a character thattheir accession to the Library of Congress through the Copy-right Office effected a large saving to the purchase fund ofthe Library equal in amount to their price.

COPYRIGHT ENTRIES AND FBESThe registrations for the fiscal year numbered 135,280.

Of these, 127,338 were registrations at $I each, including ac d c a t e , and 5,736 were registrations of photographs with-out certificates, a t 50 cents each. There were also 2,206registrations of renewals, at 50 cents each. The fees forthese registrations amounted to a total of $131,309.The number of registrations in each class from July I , I IS,to June 30, 192I , is shown in Exhibit F.

COPYRIGHT DBPOSITSA*k ds* The total number of separate articles deposited in com-itd

pliance with the copyright law, which have been registered,stamped, ndexed, and catalogued, during the fiscal year is


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235,122. The number of these articles in each class for thefiscal years July I , 1917, to June 30, 1921, is shown in Ex-hibit G.

I t is not possible to determine.exactly how completely the O D , " ~ ~ ~ h * rworks which claim copyright are deposited; but as titlecards are printed and supplied upon request to other libra-ries for all books received bearing United States notice ofcopyright, the demand for such cards for works not receivedfurnishes some indication of possible percentage of failureto deposit.In response to inquiries received during the year from the mf~y*-Card Division, the Order Division, and the Reading Room

'in regard to 631 books supposed to have been copyrightedbut not discovered in the library, it mas found that 35 ofthese works had been received and were actually in theLibrary, 122 books had been deposited and were still in theCopyright Office, 30 works were either not published, didnot claim copyright, or for other valid reasons could not bedeposited, while in the case of 248 works no answers to ourletters of inquiry had been received up to June 30, 1921.Copies were received of 196 works in all in response to re-quests made by the Copyright OtEce during the period of 1 2months for the works published in recent years.

The total copyright deposits for the year included 19,306$z2-printed volumes, 35,636 pamphlets and leaflets, 68,148newspapers and magazines, 3,545 dramas, 47,688 pieces ofmusic, 3,322 maps, 13,649 photographs, 14,520 prints, 9,210motion pictures, 13,125 contributions to periodicals, 3,982works of art and drawings, and 198 lectures. These wereall produced in the United States. From abroad therewere received 2,546 books in foreign languages and 247books in English.

Our copyright laws have rqu ir ed the deposit of copies ofor the use of the Library of Congress. The act of I-, birrwhich expressly provided for such deposit in order tosecure the regisfvcrtion of the work, still insisted upon adeposit of two copies for the benefit of the Library; butto check the useless accumulation of such copies in theCopyright Office it is provided that the Librarian of Con-gress shall' determine (I) "what books or other artidesshall be transferred to the permanent collections of the


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I 18 Report of the Librarian of CongressLibrary of Congress, including the Law Library"; (2)"what other books or articles shall he placed in the reservecollections of the Library of Congress for sale o* ezchange";and (3) "or be transferred to other governmental librariesin the District of Columbia for use therein." The law fur-ther provides (4) tha t articles remaining undisposed ofmay, upon specified conditions, be returned to the authorsor copyright proprietors.

lo During the fiscalyear a to tal of 102,789 articles depositedL*whave been transferred to the Library of Congress. Thisnumber included 16,632 books, 50,589 periodicals, 29,125pieces of music, 3,355 maps, and 3,088 photographs andengravings.

T"CJ ra-@"'. Out of t he total number of articles deposited in thelow-IWI Copyright Office during the period from July I , rgog, toJune 30, 1921 (2,288,270)~ here have been transferred tothe Library of Congress 2 I 7,555 books, 285,91 pieces ofmusic, 61,354 maps, 46,351 photographs and prints,442,154 newspapers and magazines-a total of 1,053,325pieces during 12 years. This transfer includes a totalof I I ,281 volumes for the War Service Library for the useof soldiers and sailors during the war, and 13,491 volumesof American poetry and drama sent to the Library ofBrown University.Tmw' Under authority of section 59, there were transferred too**r I&rEri.r other governmental libraries in the District of Columbia"for use therein," 5,088 books. Under this transfer, upto June 30, 1921, th e following libraries have receivedbooks as indicated below:

Bureau of Educa tim, 12,578; Bureau of Standards,2.07 I ; Department of Agriculture, 2,s 14; Department afCommerce, 4,054; Engineer School, Corps of Engineers,2,900; Federal Trade Commission, 4,358; Surgeon Gener-al's Office, 3,598; Navy Department, 1,461; Public Libraryof the District of Columbia, 30,346; Soldiers' Home, 974;Interstate Commerce Commission, 653; Treasury Depart-ment, 634; Patent Office, 477; Bureau of Mines, 369;Walter Reed Hospital, 227; to 16 other libraries a total of4,751 volumes; and to the John Crerar Library, Chicago,I ,243 volumes; making a grand total of 73,508. '


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Under the provisions of the act of March 4, 1 9 0 9 , ; ~ ~ ~ ~ ~ ~authority is granted also for the return to the claimants of,-copyright of such copyright deposits as are not needed bythe Library of Congress or the Copyright Office. Thenotice required by section 60 has been printed for all classesof works deposited and registered during the years July I ,~gog, o June 30, 1914. In response to special requests,8,200 motion picture films have been returned during thefiscal year to the copyright claimants, and of the currentdeposits not needed by the Library of Congress the followinghave also been so returned: I 9,491 "books" (pamphlets,leaflets, etc.), 2 0 photographs, 846 prints, I ,488 periodicals,2 dramas, and 3 pieces of music; a total of 30,050 pieces.Since the act went into effect up to June 30, I 92 I , a totalof 433,459 articles have thus been returned to the claimantsof copyright in them, and altogether there have beentransferred from the Copyright Oflice shelves I ,587.99~articles, thus securing a great saving of space and avoidinguseless duplication and accumulation.INDEX OF COPYRIGHT ENTRIES, CATALOGUE, BULLETINS,

AND CIRCULARSThe Copyright Act of ~ g o gsee. 56) requires the Register *

of Copyrights to fully index all copyright registration^.*^'This index is made by using card forms carefully preparedand printed so as to save the writing of every word requiredto be repeated, and to secure uniformity and accuracy.Two hundred and twenty-three thousand and forty-fourcards were made (written or typewritten) during the fiscalyear for this purpose. ' These cards are used as he printer'scopy (properly edited) for the Catalogue of CopyrightEntries required by law to be prepared and printed atperiodic intervals. When reamed from the printer afterthe revision of the proof about half of these cards are filedin their proper places in the perrnhent card indexes. Thecopyright applications are received on printed cards preparedby the office in such form that when properly headlinedthey can also be filed in the regular card indexes of copy-right proprietors.

During the year 135,280 cards of this character were socompleted and filed. The various permanent indexes to


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120 Report of the Librarian of Congress' the copyright registrations now contain nearly three and a

half million cards. To save cost of duplication so far aspractical, the title cards for copyrighted books prepared bythe Catalogue Division of the Library of Congress are usedin preparing printer 's copy for the Catalogue of CopyrightEntries, Part I, Group I (Books). Of the 6,673 tit les ofbooks entered during the calendar year 1920, about 6,000were so prepared. The remaining titles were made in theCopyright Office by the Catalogue and Index Division, aswell as the index cards required for all other works registered, the cards numbering, during 1920, nearly 220,000.Calabgw rum-,,, , uring the calendar year 1920, 136 numbers of Part I ,

IW JCU Group I , of the Catalogue were published, containing thebook titles, with complete record for all renewals for books,and complete annual index, 1,089 plus 266 pages; 12monthly numbers of Pa rt I , Group 2, containing titles ofpamphlets, contributions to newspapers, lectures, dramaticcoinpositions, maps, and motion pictures, and a completeannual index, 1,952 closely printed pages; 4 quarterlynumbers of Part 2, containing all registrations for newspapers and magazines, with annual index, 467 pages; 12monthly numbers of Pa rt 3, musical compositions, withcomplete list of renewals for music and lists of music usedor liws ed to be used for mechanical reproduction, togetherwith complete annual index, 2,589 compactly printedpages; and 4 quarterly numbers of Part 4 , containingregistrations of works of art and photographs A d prints,with annual index, 410 pages.

B Y U ~ OS. The two Copyright Office bulletins most in demand,r4 a d s No. 14, containing the copyright laws, and No. IS, "Rulesand Regulations for the registration of claims to copyright,"

: , , f ~ m d o r , ,+-were reprinted during the year. Information Circulars wereculars Nos. 8 and59 printed as follows: No. 58, containing the President's Copy-right Proclamation dated April 10, 1920, in regard to GreatBritain, and the British copyright Order in Council datedFebruary 9, 1920, both effective on the 2d day of February,1920, (6p. BO) and No. 59, containing the President's Copy-right Proclamation of December 9, 1920, in regard t o Den-

c u z f % z &-mark (3p. BO). A continuing demand f o r copies of thegeneral Copyright Proclamation of April 9, 1910, necessi-tated a reprint ?f ~nformationCircular no. 40 (2p. BO).


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Register of CopyrqhtsBalance on hand July I, 1910. ...........$11,442.30Gross receipts July I, 910, o June 30, 1921 141,199.33............otal be accountedfor. '53,641.63..............................efunded. 4,841.34

....................alance to be accounted for. $14, a 19..................pplied as earned fees. 134,516.15Balance carried over to July I, 1911:l l s t f u n d s . . ............ $11,037.64Unfinished business July I,1897. o June 30, 1911, 4

.................ears. 3,146.50 14,284 4 148,800.19Total fees earned and paid into Treasury during the 24. years from July I, 897, o June 30, 1911. .......... b, 40,332.35Total unfinished business for 14 ears.. . . . . . . . . . . . . . . 39146.50

FBBg FO R FISCAL YEARF& for registrations, including certificates, F w

at$^ each ............................. 127,338- 0Fees for registrations of photographs wi thoutcertificates, at 50 centseach.. . . . . . . . . . . 1,868.00Fees for registrations ef renewals, at 50 centseach.. ................................ I,103.00

. . . . . . . . . . . . . .otal fees for registrations recorded. 731,309-OOFees for certified copiesofm a d , at 50 cents................................ach.. 815.00. . . . . . . . . . .e e sor recording assignments.. 1,905.00%arches made and charged for at the rateof

50 cent, for each hour of time consumed. 256. oNotices of user recorded (Music). . . . . . . . . . 151.25Indexing transfers of pprie -ip .. . . . . . . 79.90

3, 107. 15Total fees fo r fiscal year rgae1 2 . . . . . . . . . . . . . . 134,516. 5

135,180.................umber of certified copies of record. 1,630Number of as@menb mandeda opied............. 1,349


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122 Report of the Librariun of CongressCmr*siwnduu The greater part of the business of the Copyright Office isdone by correspondence. The total letters and parcels

received during the fiscal year numbered 156,693, while theletters, parcels, etc., dispatched numbered 156,539. Lettersreceived transmitting remittances numbered 47,055, in-cluding money orders to the number of 3 ,454. During thelast 24 fiscal years the money orders received numbered6491209.

CONDITION OF COPYRIGHT OFFICE WORKcd&w*ole"'- On July 9, 192 I , the remittances received up to the thirdr d w k mail of the day had been recorded. The account books of

the Bookkeeping Division were balanced for June, thefinancial statements were rendered to the Treasury Depart-ment, and all earned fees to June 30 had been paid into theTreasury.

The curfent work for July had been written and posted toJuly g. The unfinished bosiness amounted on June 30,1921, to $3,246.50. Of this, however, a large proportionrepresented business for the fiscal year, held awaitinganswers to letters already mailed from the Copyright Officein regard to inforxpalities, etc.

At the close of business on July 9, 192 I , of the works de-posited and passed for copyright registration up to andincluding Wednesday, June 30, 1920, an had been recorded.Assignments to th e number of 1,349 were received duringthe fiscal year, and all had been recorded. On the samedate 1,284 works remained to be catalogued for the Cata-logue of Copyright Entries.

COPYRIGHT LE'GISLATJON- PROPOSEDPr*r-* o j On February 24, 1921, a joint resolution providing thatW i m - p i c l r r e$,,,,,ad ,ecmdrcerfainmotion-picture films and talking machine recordsregistered under the United States copyright laws be sent

to the Director of the National Museum for preservation,, was introduced in the Senate by Hon. James D. Phelan ofCalifornia.' I t was referred to the Senate Committee onEducation and Labor, but no further action was taken.

Text is printed on pages 133-134.' s 9 a1 (February 24). Joint resolut ion authoriaik th e preservation 01 notenorthymotion-picture films and graphophone. pbanopiph. md talking-mnchine recordaI n t m d u d by Mr . M n . S 1.Ro 6a. 66tbw..d rr Printed. sp p '. [ReI a rcd to the Committeerm R d u a t h a d Labor.]


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Register of Copyrighis 123On April I 3, I 921, Hon. Duncan U. Fletcher reintroduced i, ownrmnr(bhis bill "to protect Government documents by copyright. -he tex t of thi s bill is identical with Sec. I of the bill intro-duced on February 28, 1918, and printed in my-annual

report for I 91 7-1 8, p. 149. See. 2 of the earlier bill, dealing .with penalties, is omitted in this later bill, on which nofurther action has yet been taken.

A bill to amend section I (e) of the copyright law of 1909,mzf"r"z''was introduced on June 2 I , I 92 I, b y Hon. Florian Lampert t i ~ ~ ~ f ~("by request"), and was referred to the Committee onPatents? The amendment consists in the addition of afurther proviso to the first paragraph of sec I (e), in the fol-lowing words:The copyright control shall not extend to public performances forprofit of musical compositions where such performance is made fromprinted or written sheets or reproducing devices issued under theauthority of the owner of the copyright.

My last year's report (1919--20, p. 130) noted the passage M k*by the House of Representatives of the public printing bill,wcontaining the provision that "no Government publicationor any po-don ;hereof shall be copyrighted," but no action .was taken by the Sena te on tha t bill before the adjournmentof the 66th Congress. Early in the 67th Congress, a publicprinting bill was introduced ' n the Senate by Hon.Geo.H.Moses, bn which no action has yet been recorded.

"A Bill to consolidate, codify, revise, and reenacttbe2&h,Yfgeneral and permanent laws of the' United States in force .-March 4, 1919," was introduced in the House by Hon.Edward C. Little on September 20, 1919, as H.R. 5j3g9.Several prints of the bill were issued to December 17, 1920,and reports were printed March '27, 1920(H. Rept. 781) A dJanuary 13, 1921 (H. Rept. 781, pt. 2). The bill passed t heHouse on December 20, 1920, and was presented to the-

1911 (April 13). A bid to protect Govemment documents by amyrighL Intmd u d by Mr. Fletcher. S 637.67th Clang., 1stsaa Printed. I p O. [ R e f e nd to theCommiCteeamF'U~]

1921 (June11). A bill to amend sec t h I ofMArt entitied "An Act to amend andomsolidate th e Acts respectingcopyright," approved Mar& 4. r9c9. l n t r o d u d byMr. Lampert (by request). H. R 7301. 6.rthCoag.. 1stoar. Printed. 5 pp. 4 IR bferred to the Committee on Pptcnts.]

4 1921 (April 12). A bill to amend, revise, and d i f u he laws relatingto the publicDMthg and bin- md the dttributian of Govcmment vubli~~LjoDL.ntroduoedby Mr.M a u S ~ 7 ~ 6 7 t ha.sta R e l d o theCandUsem Prim-]

71041'-21A


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124 Report of the Librarian of CongressSenate on December 23, 1920. The bill was reintroducedin the 67th Congress as H. R. I 2, April I I , 1921. It was

- reported without amendment May 13, 1921 (H. Rept. 681,passed 'the House on May 16, and was presented to theSenate and referred to the Committee on Revision of'theLaws on June 27, 1921.

INTERNATIONAL COPYRIGHTAdo f D- Under th e authority of the act approved December IS,18. 1919 1919, providing for retrospective copyright protection in theUnited States for works published abroad after August r ,

1914, and "before the date of the Resident's Proclamationof Peace" not heretofore copyrighted in the United States,a proclamation by the Presidentwas ssued on April 10,1920,in behalf of Great Britain (see my report 1919-20, pp. 141-147) and a similar proclamation in behalf of Denmark wasissued on December 9, 1920 (seepp. 136-139 of this report).

AC I 8//.cItor Under the provisions of the Joint,Resolution of CongressMarch 3. I ~ I (Public No. 64, approved March3, 192 I) the act of December18, 1919, became effective on March 3, 192 . Works p u blished abroad in the English language after that date maybe deposited in the Copyright Office for registration within60 days after first publication to secure an ad interim copy-right in the United States for four months from the date ofreceipt of the deposited copy and registration as providedby this act.

PIOCI~O I I O S Under the provisions of the act of March 4, 1909,thebene-"tendmjfCr fits of section I (e), securing copyright control of th emechan-of& (e) bsadnr ical reproduction of music, were extended to the authors of

Sweden by the President's proclamation of February 27,1920 (see pp. I35-136 of this report).

c o ~ d i ~pr "An Act to amend and consolidate the law relating torGhI act oJJuu 4.IplI copyright" was passed by the Parliament of Canada duringMay and assented to on June 4, 192 . When its provisions

are put into effect they will seriously embarrass the p u blishers of books and periodicals in the United States. Inresponse to inquiries concerning thiskt it is printed in fullin the addenda to this report, pp. 141-168.

CoMivbI rdw The enactment of this Canadian statute makes it impera-l"U*Coroda tive that some action be promptly taken to secure more

satisfactory copyright relations hetween the United States


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Register of Copyr4Mzand Canada. l%e fundamental ditlkulty heretofore hasbeen the obligation to print in the United States books 'and periodicals and to manufacture here lithographs andphoto-engravings, and the firgt step clearly indicated is theelimination by law of this requirement of American manu-facture. The Authors' League of America is proposing theintroduction of an amendatory act limited to the abrogationof all provisions of the Copyright Act of March 4, 1909,relating to American typesetting, etc., and to urge its promptenactment by Congress. When tha t has been accomplistKdsatisfactory reciprocal copyright protection between thetwo countries may be discussed and arranged for.

Respectfully submitted. THORVALDOLBERGRegisfer of CopyrightsHERBERTWAM

Librarian of CongressEXHIBIT -Stabmed of gross remiplr, r 4 u d , ne t r ~ p t ~ ,mdjwsapplied f i r h c n l yeor ending June p. 1921

Balancebrow ht lorward from Juue so, I-. ............................... r a . u a . foNet receints Jirly x, xglo, to June ~ c s9a1: .rms receipts.. ............................................ 8q r. 199.35I c s amoimt rdunded...................................... 441. l 134 35%99

Month

I9 mJuly.. .............................................................umnt ........................eptember..October......................................................ovember..Decanber.. .........................

1921January.. ...........................Fcbruuy............................Muc h . . .............................AM . . ..............................May.................................Iluu................. :.............Total..........................-

Total to beaccountad lor. ...........................................148.hCopyright fees applied July I. 19aa to June 30. 191............ 516 15Balance carr~dorward to July I. 19a1:T ~ 3 td . .............................................. 11 oyy.4Unfinbbedburinr.. ................................... a, I&so

Pmapplied

h - 3 09.84430

1a3& 8011,646 wr a 573.9511,454. p

11.89.or a w 0I t .40I .qII.591. I5II.*SCI11.H F P--& 516 15

Glossolb.d p t r

810 654.39 71a413.*1 a6 1 4 6 4 .ra. as 4 15.1% aaI), o11.a6 .

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141, 1pp.u

Rdupd.

4 1 5 . 4-36as& 19e u377. lo41. l

386693- gsw . 6 4547.29b p mSo+ 37

4 4 1 . 5 4

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I ~ ~ ~ S F P P


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I 26 Repmt of the Librariurz of CongressEXHIBIT-Statement of feer paid into the Trea~~ty

D.te

I p aJuly 6. . ...........

12. . ...........19.. ...........d.......................- 1..7.. ...........9 . . ...........

16.. ...........U ............30.............

Scpt 4.. ...........13

. 7.. ........................

80 .............17.. ...........

Od 4.. ...........6. . ...........11.. ...........18.. ...........as.. ...........

Nw. I. . ........................

8 .............15.. ...........as.. ...........rp.. ...........Dk 4. . ...........6.. ........................

W . . . ..........17.. ...........

.CheckNa-1911

1 ~ 5 4 $ 5c a w Jan. 3.. ........... $I. 8 m wIU9l 1.- 00 7.. ...........14500 *.om w lo.. ...........14550 4 00 17.. . :........146r4 I.- w 4 .............14697 -30 31.. ......:....' 4698 1 . 3 a w Peb 5.. ...........4735 I. -00 7.. ...........qlta ..Soow 14.. ...........

..... ....4811 1.60 nm "I.. .,.1

yBde1&649s1 4 9 61499715-71 5 61500015171153461 ~ 4 7IMI$&1554715586I ~ Z1-I57UI5nJ

I, I* so

1 . h mI. aca ws . h w4 500 wa,-00

&a80a . h 001,50.003,- waoDow

54 6sI, 50.00r . p a o o1%-wx,80Poo1.93.954502 ws.oDowa 5 0 2 0 0I . ~ O O

, a8.. ...........Mar. 5. . ...........

7.. ...........14.. ...........sr . . ...........d............

Apr. 4. . ...........XI.. ...........18 . . ...........as.. ...........

May 1.. ...........5.. ...........9.. ...........

16.. ...........13.. ...........

...........1..JlmC 4.. ...........

6.............I$.. ...........S............17.. ...........

Jrly 5 . . ...........lbd.. ...............

1639716398165191667116766IMSIldepp16955IPOOI*171u171S617-17361175161754517554I*71770311%

I. x l b ro1 . 8 m wI.pa 00& o m w3.om w

. I, 101.0s3.- WI.p a ws . om 003,- w

391.15s.- W3.omooI, 80w1.3m wI. I= Ox.waooj.-wI, -002,- w*ni.p

1% 5 6 5


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Register of Copyrig& 12 7EXHIBIT-Rmrd of af+ligd~ Q C I

Refisttation, in- Refist*-' Repistratiom .dud rmrti6cam d c c l t e of ene-b Totalf hotos. o 1Month

1911

x9a1

.-


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Report of the Librarian of CongressEXH I B ~--C onc par ati ve tu&ment of gross cash reckp is , a f i l ie d fees,

number of registratiorrr, ahily a v e ra p t , etc.

1 Tatel / In- 1Dmasc t"tiiauNumber of registretimu mdcmnpsrisan with lnrt yearMonth ' 1 DailydV e n Pe&

19-July.. . .AWU k . . . . .September... .October....... . ..November... .December..........

1991January.. .pebn~ry. .Mcuch. ..April. .. .. ..May.. . . . . .

$14 654.39IO. 413. .161 0 . 6 6 41I.l.4. IS14 7% aau o 1 1 . 0 6

r* QI. 1611.032. 0114417.98IX.47X.4I I , ~ ~ I .

June... . .. ......) rl.835.90T&. . I=


15/52

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130 ,Report of the Librarian of CongressEXHIBIT-Table of registratwnr made during fiml pars 1915-16,191617, 1917-18, 1918-19, 1919-20,and 192+21, arranged b y c h s a x l .

- -Clsu h Books (includiug

pamphlets. ledcts.axad contributionsto PeriodiCpL):

(a) Printed in theUnital\States. .............

(6) Printed abrod in aforeign lanou~pt...

(c) English boob re&tercd for ad interimcopyright...........

Totnl...................CIP9 B. Periodieals(numbel~)Clam C Ltaurra. sennonr.

add-. ..........Claw D. Dr ~m nt ic r d-t-

ico-musial compo-. mtionr.. ............

Clprs E. Musical co m po si h.Class F.Mapr. ................ClamC. Works of ar t; mode*

ordesign8...........CIPss'H.Rep rodu ctbn of

works of art. .......C h . Drawinp~ r plp.ticwork9of a mmti6c

or technical char-m ........................lw J. Photograph..

Clam9 Prints and pictarid.......llustr0.tiona.C l ~ e Motion&turr pho-...........opkw..Clam M. Motion p i c t m not

photopkw .........R d ...................

rotd. ..................1For dctsiled s tatan cut of

.ec Annul Rcpart d R e r i M f CopyrightsCw 1914-1s. w . && .

1915-16

31.31aI. 176

3c9Sa.BP7a 4 553

19x6-If

3a.564914

174---3. 551a6.467I1917-18------3a.744

636

13733.617a s Baa

157 1 1 ~ 9

(I

445ro, 6a6xa.711

a . 9 ~306

I. 6a8115.967

reuistrationamade for 6-1 va r a from r9ox-s to rpr4-q.

r r

7ar. 849

1. a69I1 . 8 ~ 8

a14644

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Register of Copyrights 131Exmsn &Table of articles &Posited during 191p18,1918-19, I9Ip20 ,and 1920-21,with totals of articles &Posited for pa rs 18g-98 to 1920-21

(a) Printed in the United t3t~t.a:Volumes.. .................. 1% 756Pamphlets. leaflets. ctc.......

' Contributio~wo newspepenand periodicpls............ 1 4 699

I TO W1897- 1921

Totd........................ 55, a16 56,975 61.486 W0 67 .........(b ) Printed abroad in a fordm h- 1 1 1

pruOr..English works registered for ad............k-m+

Totalr Periodicnlss Lectum,sermons. tc. xsa 152

Positiop5. ........................ a. 961 a. 5 uMusicalannwsi ths ............... -814 m339..............................Maps. a w a.319

7 Works of art; models or dcsipnr. ... I, 858 I. posa Reproductionsof work ofart. ..... 4 14.... ...................P Chmmosand ithoproplu. _.O. Drawi- or plastic worksol a ccia-.......ilicor technical character. a 8w.....................a Photographs. 11.810 8.671

.I. Prin ts and pictorial illustrations.. 164x1 14, to 312. Motion-picturephotoplnyl.. ....... 8.513 7.310IS. Motion pictures not photoplnyl.. .. ass.................4Miscellaneous(undassified artida)15. Foreign booksd v c d nderactof

Mar. 3, I-..Totrl............................

Nors.-For detailed statement of srticles deposited during 6sml y e n n 1897-4 to19x4-15. seeAnnual Rcport of Register d Cmyritrhta for 1914-15. pp. 183-186. Forsubsequent years. see the respective annuaLpportr.The chd6cat im "Chromo~ nd lithg.pbr" L ot lira n the L w dB d yI. IW.


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ADDENDUM I(66thCong..3d rsr. S. J . Ra. 61. In the Sennted the United States. Februu~

14. spar)Mr. Phelan introduced the following joint resolution; wfiich was

read twice and referred to the Committee on Education and Lebor.JOINT R ~ & ~ O ~ U T I O Nuthorizing the preservation of M ~ ~ ~ o J s -films,ek.noteworthy motion-picture films and graphophone, pho-.

nograph, and talking-machine records.Whereas modern invention has made possible the record-

ing of historical events and the reproduction of speech andmusic in a manner capable of being made permanent; andWhereas such records will be lost to the world unlessadequate means are taken to preserve them :Therefore be it

Resolved by Ute Senate and Houre of Refiesentcrtives of theUnited States of America i n ~ 6 n q e s s ssembkd, That theLibrarian of Congress shall cause to be sent to the Directorof the National Museum, after registration, one copy of eachmotion-picture film registered under the provisions of thecopyright laws of the United States, if , in the opinion of theDirector of the National Museum. a motion-picture filmso registered records a historical or otherwise noteworthyevent, he shall cause the same to be stored for the pse andbenefit of future generations. Motion-picture films which,in the opinion of the Director of the National Museum, do notrecord such events shall be returned by such director to theperson, firm, corporation, or association securing thecopyright:

In all cases in which motionipicture films are retained bythe Director of the National Museum under the provisionof this resolution he shall have such films renewed onceevery five years.SEC. .. That if i t appears upon the production of evidence

satisfactory to the Director of the ~ a t i o n a lMuseum thatany phonograph, graphophone, or talking-machine recordis of such a character tha t i t should be preserved for the use

133


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ADDENDUM 11

A PROCLAMATIONWhereas, i t is provided by the act of Congress of March 4, F-e*r@

199 , entitled "An act to amend and consolidate the actsrespecting copyright," that the benefits of said act shallextend to the work of a n author or proprietor who is a citizenor subject of a foreign state or nation, only upon certainconditions set forth in section 8 of said act, to wit:

(a) When an alien author or proprietor shall be domiciled within theUnited States at the time of the first publication of his work; r(b) When he foreign state or nation of which such author or pro-

prietor is a citizen'or subject grants, either by trea ty, convention,agm-m a t , or law, to citizens of the United States the benefit of copyrighton substantially the same basis as to it s own citizens, or copyrightprotection substantially equal to the protection secured to such foreignauthor under this act or by trea ty; or when such foreign state or nationis a par ty to an international agreement which provides for reciprocityin the granting of copyright, by the tenns of which agreement theUnited States may, a t its pleasure, become a party thereto;

And, whereas, i t is also provided by said section that "Theexistence of the reciprocal conditions aforesaid shall be de-termined by the President of the United States, by procla-mation made from time to time,as the purposes of this actmay require";

And, whereas, the King of Sweden has declared, underauthority of law, that on and after February I, 1920, citizensof the United States shall be entitled to all the benefits con-ferred by the copyright laws 03Sweden, including the ex-clusive right to reproduce their works by means of recordsor perforated rolk or any other appliances for mechanicalreproduction;

Now, therefore, I, Woodrow Wilson, President of theUnited States of America, do declare and proclaim that oneof t+e alternative conditions specified in section 8 of the actof March 4, 1909,as fuIfilled in respect to the subjects of

135


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134 Report of the Libarian of Congressand benefit of future generations he shall procure such recordand cause the same to be stored for such purpose.SEC.3. That motion-picture films and phonograph,graphophone, and talking-machine records preserved for the

use and benefit of future generations under the provisionsof section I or 2 of this resolution may be exhibited orrented for use and exhibition under bond for the safe returnthereof.' SEC. . That the Director of the National Museum isauthorized to make all necessary rules and regulations forcarrying ou t the provisions of this resolution.


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136 Report of the Librarian of CongressSweden on February I , 1920, and that the subjects of Swe-rpro den from and after that date shall be entitled to all thebenefits of the said act , and the acts amendatory thereof toand including the ac t of Congress of March 28, 1914, indud- 'ing copyright controlling the parts of instruments serving toreproduce mechanically a musical work, as provided in sec-tion I (e) of the said act, in the case of all works by Swedishauthors which have been published on or after February I,1920, and have been deposited and registered for copyright inthe United States.

In testimony whereof, I have hereunto set my hand andcaused the seal of the United States to be affixed.Done a t the City of Washington this 27th day of Feb-

ruary, in the year of our Lord, one thousand nine[SEAL] hundred and twenty, and of the Independence ofthe United States of America the one hundred and

forty-fourth. WOODROW ILSON.By the President:FRANKL. POLK,A cling Secretary of St&.*

COPYRIGHT-DENMARK

A PROCLAMATION~ c c s l n b n , rplo Whereas it is provided by the act of Congress of March 4,

r g q , entitled "An act to amend and consolidate the actsrespecting copyright," tha t the provisions of section I (e)of said act, "so far as they secure copyright controlling theparts of instruments serving to reproduce mechanically themusical work, shall include only compositions published andcopyrighted after this act goes into effect, and shall notinclude the works of a foreign author or composer unlessthe foreign state or nation of which such author or compcweris a citizen or subject grants, either by treaty, conveniion,agreement, or law, to citizens of the United S tates similarrights ;"


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Register of CopyrightsAnd whereas it is further provided that the copyrightsecured by the act shall extend to the work of an author or

proprietor who is a citizen or subject of a foreign state ornation, only upon certain conditions set forth in section 8of said act , to wit:

(a) When an alien author or proprietor shall be domiciled withinthe ~fi i ted tates at the time of the first publication of his work; or

(b) When the foreign state or nation of which such author or pmprietor is a citizen or subject giants, either by treaty, convention,agreement, or law, to citizens of the United States the benefit OFcopyright on substantially the same basis as to its OM% citizens, orcopyright protection substantially equal to the protection secured to. such foreign author under this act or by treaty; or when such foreignstate or nation is a party to an international agreement which pm-vides for reciprocity in the granting of copyright, by the terms ofwhich agreement the United States may, at its pleasure, become aparty thereto:' And whereas it is further provided by the act of Congressapproved December 18, 1919, "that all works made thesubject of copy-right by the laws of the Unikd States firstproduced or published abroad after August I , 1914, andbefore the date of the President's proclamation of peace, ofwhich the authors or proprietors are citizens or subjects ofany foreign state or nation granting similar protection forworks by citizens of the United States, the existence of whichshall be determined by a copyright proclamation issued bythe President of the United States, shall be entitled to theprotection conferred by the co pr ight laws of the UnitedStates from and after the accomplishment, before theexpiration of fifteen months after the date of the President'sproclamation of peace, of the conditions and formalitiesprescribed with respect to such works by the copyrightlaws of the United States: Provided further, c hat nothingherein contained shall be congrued to deprive any personof any right which he may have acquired by the republica-tion of such foreign work in the United States prior to theapproval of this act; "' And whereas the President is authorized to determineand declare by proclamation the existence of similar pro-tection for works by citizens of the United Sta tes as thepurposes of the act may require;


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Register of Copyrights I39parts of instruments serving to reproduce mechanically themusical work."

3. Nothing in this proclamation shall be construed toabrogate or limit any rights and benefits conferred underthe reciprocal arrangements with Denmark heretoforeproclaimed.

In testimony whereof, I have hereunto set my hand andcaused the seal of the United States to be affixed.Done in the District of Columbia this ninth day of

December in the year of our Lord one thousand nine[SEAL.] hundred and twenty and of the Independence of

the United States of America the one hundred andforty-fifth.

WOODROWWILSON.By the President:NORMAN . DAVIS,

Ading Semetury of SJalc.71641.-21-10 .


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CANADAI 1-12 Geo. V. Chap. 24.

An act to amend and consolidate the Law relating toCopyright

[Assented to June 4,102llHis Majesty, by and with the advice and consent of the

Senate and House of commons of Canada, enacts as fol-lows-

SHORT TITLSI. This act may be cited as The Copyright Act, 1921.

2. In this act, unless the context otherwise requires,-(a) "architectural work of art" means any building-or

structure having an artistic character or design, inrespect of such character or design, or any model forsuch building or structure, provided t hat the protectionafforded by this act shall be conhed to the artisticcharacter and design, and shall not extend to processesor methods of construction;

(b) "artistic work" includes works of painting, drawing,sculpture and artistic craftsmanship, and architecturalworks of art and engraving and photographs;

.(c) "book" shall include every volume, part or divisionof a volume, pamphlet, sheet of letter-press, sheet ofmusic, map, c h a t , or plan_separately published;

(d) "cinematograph" includes any work produced byany process analogous to cinematography;

---(e) "collective work " means,-(i) an encyclopzdia, dictionary, year book, or siIpilar. work;(3) a newspaper, review, magazine, or similar periodi-'

cal; abd,YX


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142 Report of the Librarian of Congress(iii) any work writ ten' in distinct parts by differentauthors, or in which works or parts of works of

different authors are incorporated;(f) "delivery," in relation to a lecture, includes delivery

by means of any mechanical instrument;@) "dramatic work" includes any piece for recitation,

choreographic work or entertainment in dumb show,the scenic arrangement or acting form of which isfixed in writing or otherwise, and any cinematographproduction where the arrangement or acting form orthe combination of incidents represented give the workan original character;

(h ) "engravings " include etchings, lithographs, wood-cuts, prints, and other similar works, not being photo-graphs;

(21 "His Majesty's dominions" includes any territoriesunder His Majesty's protection to which an order incouncil made under the provisions of section twenty-eight of t he copyright act , 191 I , passed by the Par lia-ment of t he United Kingdom relates;

"infringing," when applied to a copy of a work inwhich copyright subsists, means any copy, includingany colourable imitation, made, or imported in contra-vention of the provisions of this act;

(k ) For th e purposes of this act, " a work of joint au thor-ship" means a work produced by the collaboration oftwo or more authors in which the contribution of oneauthor is not distinct from the contribution of t heother author or authors.

(I) "lecture" includes address, speech, and sermon;(m ) "legal representatives" includes heirs, executors,

administrators and assigns or other legal representa-tives ;

(n ) "literary work" includes maps, charts, plans, tablesand compilations ;

(0 ) "minister" means the minister of the Crown namedby the governor in council to administer this a ct; .( p ) "musical work" means any combination of melodyand harmony, or either of them, printed, reduced towriting, or otherwise graphically produced or repro-duced.


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Register of Copyrights 143(q) "performance " means . any acoustic representationof a work and any visual representation of any dramatic

action in a work, including such a representation madeby means of any mechanical instrument;

(r) "photograph " includes photo-lithograph and any workproduced by any process analogous to photography;

(s) "plate" includes any stereotype or other plate, stone,block, mould, matrix, transfer, or negative used orintended to be used for printing or reproducing copiesof any work, and any matrix or other appliance bywhich records, perforated rolls, or other contrivances

" for the acoustic representation of the work, are or areintended to be made;

(1 ) "work of sculpture" includes casts and models.COPYRIGHT

3. ( I ) For the purposes of this ac t, "copyright" meansthe sole right to produce or reproduce the work or anysubstantial part thereof in any material form whatsoever,to perform, or in the case of a lecture to deliver, the workor any substantial part thereof in public; if the work isunpublished, to publish the work or any substantial partthereof; and shall include the sole right,-

(a) to produce, reproduce, perform or publish any trans-lation of the work;

(b) in the case of a dramatic work, to convert i t into anovel or other non-dramatic work;(c) in the case of a novel or other non-dramatic work,

or of an artistic work, to convert i t into a dramaticwork, by way of performance in public or otherwise;

(d) in the case of a literary, dramatic, or musical work,to make any record, perforated roil, cinematographfilm, or other contrivance by. means of which the workmay be mechanically performed or delivered;

and to authorize any such acts as aforesaid.(2 ) For the purposes of this act , "publication," in relation

to any work, means the issue of copies of the work to thepublic, and does not include the performance in public ofa dramatic or musical work, the delivery in public of alecture, the exhibition in public of an artistic work, or theconstruction of an architectural work of a rt , but, for the


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I 4 4 Report of the Librarian of Congresspurpose of this provision, the issue of photographs andengravings of works of sculpture and architectural works ofar t shall not be deemed to be publication of such works.

(3) For the purposes of this ac t (other than those relat-ing to infringement of copyright) a work shall not be deemedto be published or performed in public, and a lecture shallnot be deemed to be delivered in public, if published,performed in public, or delivered in public without theconsent or acquiescence of the author, his executors, admin-istrators or assigns.

(4) For th e purposes of this act, a work shall be deemedto be first published within His Majesty's Dominions orwithin a foreign country to which this a ct extends,'notwith-standing th at i t has been published ~ imul taneouslyn someother place; and a work shall be deemed to be publishedsimultaneously in two places, if the time between the pub-lication in one such place and the other place does not exceedfourteen days or such longer period as may for the timebeing be fixed by order in council.

(5) Where, in the case of a n unpublished work, the mak-ing of the work is extended over a considerable period,the conditions of this a ct conferring copyright shall bedeemed to have been complied with if t he author was,during any substantial par t of t hat period, a British subject,or a subjec t or citizen of a foreign country to which this ac textends, or a resident within His Majesty's Dominions.

(6) For the purposes of the provisions of this ac t as toresidence, an author of a work shall be deemed to be a resi-dent within His Majesty's Dominions if he is domiciledwithin His Majesty's Dominions.

WORKS IN WHICH COPYRIGHT MAY SUBSIST

4. ( I ) Subject to the provisions of this act , copyrightshall subsist in Canada for the term hereinafter mentioned,in every original literary, dramatic, musical, and artisticwork, if the auth or was a t the date of the making of thework a British subject, a citizen or subject of a foreigncountry which has adhered to t he convention an d th e addi-tional protocol thereto set out in the second schedule to thisact, or resident within His Majesty's Dominions; and if ,


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Register of Copyrightsin the case of a published 'work, the wok was irst publishedwithin His Majesty's Dominions or in such foreign country;but in no other works, except so far as the protection con-ferred by this act is extended as hereinafter provided tdforeign countries to which this act does not extend.

(2 ) If the minister certifies by notice, pubiished in theCanada Gazette, that any country which has not adheredto the convention and the additional protocol thereto, setout in the second schedule to th is act, grants or has under-taken to grant, either by treaty, convention, agreement,or law, to citizens of Canada the benefit of copyright onsubstantially the same basis as to its own citizens or copy-right protection substantially equal to that conferred bythis ac t, such country shall, for the purpose of the rightsconferred by this act, be treated a s if it were a country towhichthis act extends; and it shall be lawful for the ministerto give such a certificate as aforesaid, notwithstandingthat the remedies for enforcing the rights, or the restric-tions on the importat ion of copies of works, under the lawof such country, differ from those in th is act.

(3) Copyright shall subsist for the term hereinafter men-tioned in records, perforated rolls, and other contrivancesby means of which sounds may be mechanically reproduced,in like manner as if such contrivances were musical, literary,o; dramatic works.

TGRM OF COPYRIGHT

5. The term for which copyright shall subsist shall, ex-cept a s otherwise expressly provided by this ac t, be thelife of the author and a period of fifty years after his death.

Provided that' any time after the expiration of twenty-five years, or in the case of a work in which copyright sub-sists a t the passing of this a& thirty years, from the deathof the author of a published work, copyright in the workshall not be deemed to be infringed by the reproductionof t he work for sale' if the person reproducing the workproves that he has given the prescribed notice in writingof his intention to reproduce the work, and tha t he has paidin the prescribed manner to, or for the benefit of, the ownerof the copyright, royalties in respect of all copies oC the


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146 Repod of the Librarian of Congresswork sold by him, calculated a t the rate of ten per cent onthe price a t which he publishes the work; and, for the pur-poses of this proviso, the Governor in Council may makeregulations prescribing the mode in which notices are to begiven, and the particulars to be given in such notices, andthe mode, time, and frequency of the payment of royalties,including (if he thinks fit) regulations requiring payment inadvance or otherwise securing the payment of royalties.

6. In the case of a work of joint authorship, copyrightshall subsist during the life of the author who first dies andfor a term of fifty years after his death, or during the life ofthe author who dies last, whichever period is the longer,and references in this act to the period after the expirationof any specified number of years from the dea th of theauthor shall be construed as references to the period afterthe expiration of the like number of years from the deathof t he author who dies first or after the death of the authorwho dies last, whichever period may he the shorter, and inthe provisions of this act with respect to the grant of com-pulsory licenses a reference to th e date of the death of theauthor who dies last shall be substituted for the referenceto the date of the death of the author.

7. The term for which copyright shall subsist in photo-graphs shall be fifty years from the making of t he originalnegative from which the photograph was directly or indi-rectly derived, and the person who was owner of suchnegative a t the time when such negative was made shall bedeemed to be the author of the photograph so derived, and, .where such owner is a body corporate, the body corporateshall be deemed for the purposes of this ac t to reside withinHis Majesty's Dominions, if it has established a place ofbusiness therein.

8. The term for which copyright shall subsist in records,perforated rolls and other contrivances by means of whichsounds may be mechanically reproduced shall be fifty yearsfrom the making of the original plate from which the con-trivance was directly or indirectly derived, and the personwho was the owner of such original plate a t the time whensuch plate was made shall be deemed to be the author ofsuch contrivance, and where such owner is a body corporate,the body c~rp or ate hall be deemed for the purposes of this


31/52

Regisla of Copyrightsact to reside within His Majesty's Dominions if i t has es tablished a place of business therein.

9. In the case of a literary, dramat ic, or musical work,or an engraving, in which copyright subsists a t th e date ofthe death of the author or, in the case of a work of jointauthorship, a t or immediately before the date of the deathof the author who dies last, bu t which has not been p u blished, nor, in th e case of a dramat ic or musical work, beenperformed in public, nor, in the case of a lecture, beendelivered in public, before th at date , copyright shall subsisttill publication, or performance or delivery in public, which-ever may first happen, and for a term of fifty years there-after, and the proviso to section five of this ac t shall, inthe case of such a work, apply 'as if the author had died atthe date of such publication or performance or delivery inpublic as aforesaid.

10. Without prejudice t o any rights or privileges of theCrown, where any work has, whether before or after thecommencement of this ac t, been prepared or published byor under t he direction or control of His Majesty or anygovernment department, the copyright in the work shall,subject to any agreement with the author, belong to HisMajesty, and in such case shall continue for a period of iiftyyears from the date of th e first publication of th e work.

OWNERSHIP OF COPYFSCHTI I. ( I ) Subject to the provisions of this ac t, the author

of a work shall be the first owner of the copyright therein:Provided that-(a) Where, in the case of an engraving, photograph, or

portrait, the plate or other original was ordered bysome other person and was made for valuable consider-ation in pursuance of th$t order, then, in t he absence ofany agreement to the contrary, the person by whomsuch plate or other original was ordered shall be thefirst owner of th e copyright; and ,

(b) Where the author was in the employment of someother person under a contrac t of service or app rent iceship and t he work was made in the course of his employ-ment by that person, the person by whom the author


32/52

I48 Report of the Librarian of Conqresswas'employed shall, in the absence of any agreementto th e contrary, be the first owner of the copyright;but where the work is an article or other contributionto a newspaper, magazine, or similar periodical, thereshall, in the absence of any agreement to t he contrary,be deemed to be reserved to the author a right torestrain th e publication of the work, otherwise thanas pa rt of a newspaper, magazine, or similar periodical.

(2 ) The owner of the copyright in any work may assignthe right, either wholly or partially, add either generallyor subject t o territorial limitations, and either for the wholeterm of the copyright or for an y other part thereof, and m aygrant any interest in th e right by license, but no such assign-ment or grant shall be valid unless it is in writing signedby th e owner of the right in respect of which the assignmentor grant is made, or by his duly authorized agent.

Provided tha t, where the author of a work is the fi ptowner of the copyright therein, no assignment of t he copy-right, and no grant of any interest therein, made by him(otherwise tha n by will) after t he passing of this act, shallbe operative to vest in the assignee or grantee any rightswith respect to the copyright in the work beyond theexpiration of twenty-five years from the death of theauthor, and the reversionary interest in the copyrightexpectant on the termination of tha t period shall, on thedeath of the author , notwithstanding any agreement to th econtrary, devolve on his legal representatives as part ofhis estate, and any agreement entered into by him as tothe disposition of such reversionary interest shall be nulland void; but nothing in this proviso shall be construed a sapplying to th e assignment of the copyright in a collectivework or a license to publish a work or part of a work as partof a collective work.

(3) Where, under any partia l assignment of copyright,the assignee becomes entitled to any right comprised incopyright, the assignee, as respects the rights so assigned,and the assignor, as respects the rights not assigned, shallbe treated for the purposes of this ac t as the owner of thecopyright, and the provisions of this a ct shaH have effectaccordingly.


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Register of Cojyr igh is 149'COMPULSORY LICSNS8S

12. If, at any time after the death of the author of aliterary, dramatic, or musical work which has been publishedor performed in public, a complaint is made to the governorin council that t he owner of the copyright in the work hasrefused to republish or to allow the republication of thework or has refused to allow the performance in public ofthe work, and th at by reason of such refusal the work iswithheld from the public, the owner of the copyright maybe ordered to grant a license to reproduce the work or per-

,fonn the work in public, as the case may be, on such termsand subject to such conditions as the governor in councilmay think fit.

LICE-S13. I) Any person may apply to the minister for a

license to print and publish in Canada any book whereincopyright subsists, if a t any time after publication andwithin the duration of the copyright the owner of the copy-right fails:

(a) o print the said book or cause the same to be printedin Canada;. (b) to supply by means of copies so printed the reasonabledemands of the Canadian market for such book.

(2) Such application may be in such form as may beprescribed by the regulations and shall state the proposedretail price of the edition of such book proposed to be printed.

(3) Every applicant for a license under this section shallwith his application deposit with the minister an amountnot less than ten per cent of the retail selling price of onethousand copies of such book and not less than one hundreddollars and such amount shall, if such application is unsuc-cessful, be returned to such applicant less such deductionsfor fees as may be authorized by the regulations.

(4) Notice of such application shall forthwith be com-municated by the minister to the owner of the copyrightin such manner as may be prescribed by the regulations.

(5) If the ourner of the copyright shall not within a delayto be fixed by the regulations after communication of suchnotice give an undertaking, with such security as may be


34/52


35/52

Register of Copyrights 151(XI) If the minister on complaint is satisfied tha t the

licensee does not print and keep on sale in Canada a numberof copies of the book sufficient to supply the reasonabledemands, he shall, after giving the licensee an opportunityof being heard to show cause against the cancellation, cancelthe license.

(12) If a book for which a license has been issued is s u ppressed by the owner of the copyright, the licensee shallnot print the book or any further copies thereof, but maysell any copies already printed, and may complete and sellany copies in process of being printed under his license,but the owner of the copyright shall be entitled to buy al lsuch copies a t the cost of printing them.

(13)Nothing in this section shall authorize the granting,without the consent of the author, of a license to publishasecond or succeeding edition of any work whereof suchauthor has published one or more editions in Canada.

14. (I) f the publication of a book is lawfully begun asa serial elsewhere than in His Majesty's Dominions or aforeign country to which subsection one of section four ofthis ac t applies, and the owner of the copyright has refusedto grant a license to any person in Canada, being a publisherof a periodical, to publish such book in serial form, a licensemay in the discretion of the minister be granted to aa yperson in Canada, being the publisher of a periodical, topublish such book once in serial form in the said periodical,'provided that a license shall not be granted to more tharione such publisher in the same city, town or place.

(2) Such license may%e issued by the minister on appli-cation by the publisher in such form as may be-y the regulations. I. J~

(3) The term " serial" under this section shdl mea6 'andrefer to any book which is first published in separate'8rticlesor a s a tale or short story complete in one issue in"a'%ews-. -paper or periodical.

(4) The term "owner of a copyright" under this sectionmay mean the owner of the right to publish'in serial formas distinct and separate from other rights of publication.


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152 Report of the Librarian of Congress(5) The application for a license under this section may

be in the form of a draft contract between the licensee andthe owner of the copyright.

(6) Such license may be upon the terms proposed in suchdraft contract, or upon terms prescribed by the regulations;provided that before such terms are settled the owner of thecopyright shall be entitled to being fully heard in supportof any contentions or representations he may deem it in hisinterests to make.

(7) The applicant for a license under this section shallwitb his application deposit such amount of money as maybe required by the regulations, and such money shall onthe issue of the license be paid forthwith to the owner ofthe copyright.

(8) Nothing in this act shall prohibit the importationand circulation of newspapers, magazines, and periodicalswhich, together with foreign original matter, contain serialslicensed to be printed and published in Canada.

15. ( I ) Every license issued under sections twelve, thir-teen, or fourteen shall be deemed to constitute a contract,on the terms embodied in such license or in this ac t, betweenthe owner of the copyrighi and the licensee, and the licenseeshall be entitled to the like remedies as in the case of a con-tract; the licensee shall have the same power and right totake any action or any legal proceedings to prevent or

, restrain any infringement of copyright which affects therights of such licensee or to recover compensation or damagesfor any such infringement that the owner of the copyrightwould, have for an infringement of his copyright- .(2j The owner of the copyright shall, in addition to anyother remedy in respect to such license as a contract, beentitled, in case of default by the licensee in observing theterms of such l i b s e , on petition to the exchequer court ofCanada, to have such license cancelled.

(3) Particulars of such cancellation may be entered on- rlegister of copyrights.(4) All moneys paid or payable by a licensee or applicant

far a license under sections twelve, thirteen, or fourteenshall be paid t o the minister.-.. (s).All moneys deposited by a successful applicant fo r alicense and all moneys due from time to time by way of


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Register of CopyriqMs I53royalty or otherwise from licensees shall likewise be paidto the minister and by him paid out to the persons entitledthereto.

(6) The minister may by regulations require every copyof a book upon which the royalty has been duly paid to besuitably stamped or marked.

INFRINGEMENT OF COPYRIGHT16. ( I ) Copyright in a work shall be deemed to be in-

fringed by any person who, without the consent of theowner of the copyright, does anything the sole right t o dowhich is by this act conferred on the owner of the copyright:

Provided that the following acts shall not constitute aninfringement of copyright:{i) Any fair dealing with any work for the purposes of

private study, research, criticism, review, or newspapersummary;

(ii) Where the author of a n artist ic work is not the ownerof t he copyright therein, the use by the author of anymould, cast, sketch, plan, model, or study made by himfor the purpose of the work, provided th at he does notthereby repeat or imitate the main design of t ha t work;

(iii) Th e making or publishing of paintings, drawings,engravings, or photographs of a work of sculpture orartistic craftsmanship, if permanently si tuate in apublic place or building, or the making or publishingof paintings, drawings, engravings, or photographs(which are not in the nature of archi tectural drawingsor plans) of any architectural w o k of art;

(iv)' The publication in a collection, mainly composedof non-copyright mat ter , bona fide intended for the useof schools, and so described in the title and in anyadvertisements issued by thspublisher, of short passagesfrom published literary works not themselves publishedfor the use of schools in which copyright subsists: Pro-vided tha t not more than two of such passages fromworks by the same author are published by the samepublisher within five years, and that the source fromwhich such passages are taken is acknowledged;


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I54 Report of the Librarian of Congress(v) The publication in a newspaper of a report of a

lecture delivered in public, unless the report is prohibitedby conspicuous written or printed notice affixed b e f o ~and maintained during the lecture a t or about themain entrance of the building in which the lecture isgiven, and, except whilst the building is being usedfor public worship, in a position near the lecturer; butnothing in this paragraph shall affect the provisionsin paragraph (i) as to newspaper summaries;

(vi) The reading or recitation in public by one person ofany reasonable extract from any published work.

(2) Copyright in a work shall also be deemed to beinfringed by any person who-(a) Sells or lets for hire, or by way of trade exposes or

offers for sale or hire; or,(b) Distributes either for th e purposes of trade, or to

such an extent as to affect prejudicially the ownerof the copyright; or,(c ) By way of trade exhibits in public; or,(d) Imports for sale or hire into Canada any work which

to his knowledge infringes copyright or would infringecopyright if it had been made within Canada.

(3) Copyright in a work shall also be deemed to be in-fringed by any person who for his private profit permits atheatre or other place of entertainment to be used for theperformance in public of the work without the consentof the owner of the copyright, unless he was not aware,and had no reasonable ground for suspecting, that the per-formance would be an infringement of copyright.

17. Notwithstanding anything in this act, it shall notbe an infringement of copyright in a n address of a politicalnature delivered at a public meeting to publish a reportthereof in a newspaper.

18. (I ) I t shall not be deemed to be an infringement ofcopyright in any musical, literary, or dramatic work forany person to make within Canada records, perforatedrolls, or other contrivances, by means of which soundsmay be reproduced and by means of which the work maybe-mechanically performed, if such person proves-

(a) That such contrivances have previously been madeby, or with the consent or acquiescence of, the ownerof the copyright in the work; and,


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Register of Copyrights 155(b) That he has given the prescribed notice of his intention

to make the contrivances, and that there has been paidin the prescribed manner to, or for the benefit of, theowner of the copyright in the work royalties in respectof all such contrivances sold by him, as hereinaftermentioned :

Provided that-{i) Nothing in this provision shall authorize any

alterations in, or omissions from, the work repro-duced, unless contrivances reproducing the worksubject to similar alterations and omissions havebe& previously made by, or with the consent orarquiescence of, the owner of the copyright, orunless such alterations or omissions are reasonablynecessary for the adaptation of the work to thecontrivances in question; and,

(ii) For the purposes of this provision, a musical, literary- or dramatic work shall not be deemed to include a

contrivance by means of which sounds may bemechanically reproduced ; and,

(iii) The making of the necessary manuscript arrange-ment and instrumentations of the copyrighted work,for the sole purpose of the adaptation of the workto the contrivances in question, shall not be deemedan infringement of copyright.

(2 ) The royalty as aforesaid shall be two cents for eachplaying surface of each such record and two cents for eachsuch perforated roll or other contrivance.(3) If any such contrivance is made reproducing on thesame playing surface two or more different works in whichcopyright subsists, and the owners of the copyright thereinare different persons, the sums payable by way of royaltiesunder this section shall be apportioned amongst the severalowners of the copyright equally.

(4) When any such contrivances by means of which aliterary, dramatic, or musical work may be mechanicallyperformed have been made, then, for the purposes of thissection, the owner of the copyright in the work shall, inrelation to any person who makes the prescribed enquiries,be deemed to have given his consent to the making of such

71641.-21-11


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I 56 Report of the Librarian of Congresscontrivances if he fails to reply to such enquiries within th eprescribed time.

(5) For the purposes of this section, the governor incouncil may make regulations prescribing anything whichunder this section is to be prescribed, and prescribing themode in which notices are to be given and the particularsto be given in such notices, and the mode, time, and fre-quency of the payment of royalties; and any such regula-tions may, if the governor in council thinks fit, includeregulations requiring payment in advance or otherwise secur-ing the payment of royalties.

(6) In the case of musical, literary, or dramatic workspublished before the commencement of this act, the fore-going provisions shall have effect, subject to the followingmodifications and additions :

(a) The conditions as to the previous making by, or withthe consent or acquiescence of, the owner of the copy-right in the work, and th e restrictions as to alterationsin or omissions from the work, shall not apply;

(b) No royalties shall be payable in respect of contriv-ances lawfully made and sold by the manufacturerbefore the commencement of this ac t;

(c ) Notwithstanding any assignment made before thepassing of this act of the copyright in a literary ordramatic or musical work, any rights conferred by thisact in respect of the making, or authorising the making,of contrivances by means of which the work may bemechanically performed, shall belong to the authoror his legal representatives and not to the assignee,and the royalties aforesaid shall be payable to, andfor the benefit of, the author of the work or his legalrepresentatives.

(7 ) Notwithstanding anything in this act, where arecord, perforated roll, or other contrivance by means ofwhich sounds may be mechanically reproduced has beenmade before the commencement of this act , copyright shall,as from the commencement of this act, subsist therein inlike manner and for the like term as if this ac t had been inforce a t the date of the making of the original plate fromwhich the contrivance was directly or indirectly derived. ,


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Provided that-(i) the person who, at the commencement of this act,

is the owner of such original plate shall be the firstowner of such copyright; and,

(ii) nothing in this provision shall be construed asconferring copyright in any such contrivance if themaking thereof would have infringed copyright insome other such contrivance, if this provision hadbeen in force a t the time of the making of the fhstmentioned contrivance.

CIVIL REMEDIW

19. ( I ) Where copyright in any work has been infringed,the owner of the copyright shall, except as otherwise pro-vided by this act, be entitled to all such remedies by wayof injunction, damages, accounts, and otherwise, as are ormay be conferred by law for t he infringement of a right.

(2) The costs of all parties in any proceedings in respectof the infringement of copyright shall be in the absolutediscretion of the court.(3) In any action for infringement of copyright in anywork, the work shall be presumed to be a work in whichcopyright subsists and the plaintiff shall be presumed to bethe owner of the copyright, unless the defendant puts inissue the existence of the copyright, or, as the case may be,the title of the plaintiff, and where any such question is a tissue, then-

{a) if a name purporting to be that of t he author of thework is printed or otherwise indicated thereon in theusual manner, the person whose name is so printed orindicated shall, unless the contrary is proved, bepresumed to be the author of the work;

(b) if no name is so printed or indicated, or if the nameso printed or indicated is'not the author's true nameor the name by which he is commoniy known, and aname purporting to be tha t of t he publisher or pro-prietor of the work is printed or otherwise indicatedthereon in the usual manner, the person whose nameis so printed or indicated shall, unless the contrary isproved, be presumed to be th e owner of the copyrightin the work for the purposes of proceedings in respectof the infringement of copyright therein.


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158 Report of the Librarian of Congress20 . All infringing copies of any work in which copyright

subsists, or of any substantial par t thereof, and all platesused or intended to be used for the production of suchinfringing copies, shall be deemed to be the property ofthe owner of the copyright, who accordingly may takeproceedings for the recovery of the possession thereof orin respect of the conversion thereof.

21. Where proceedings are taken in respect of the in-fringement of the copyright in any work and the defendantin his defence alleges that he was not aware of the existenceof the copyright in the work, the plaintiff shall no t beentitled to any remedy other than an injunction in respectof the infringement if the defendant proves tha t a t the dateof the infringement he was not aware, and had no reason-able ground for suspecting that copyright subsisted in thework: Provided that if a t the da te of the infringement thecopfight in the work was duly registered under this act,the defendant shall be deemed to have had reasonableground for suspecting that copyright subsisted in the work.

22 . (I ) Where the construction of a building or otherstructure which infringes or which, if completed, wouldinfringe the copyright in some other work has been com-menced, the owner of the copyright shall not be entitledto obtain an injunction in respect of the construction ofsuch building or structure or to order its demolition.

(2) Such of th e other provisions of this ac t as providethat an infringing copy of a work shall be deemed to be theproperty of the owner of the copyright, or as impose sum-mary penalties, shall not apply in any case to which thissection applies.

23. An action in respect of infringement of copyrightshall not be commenced after the expiration of three yearsnext after the infringement.

SUMMARY REMEDIES

24. (I ) If any person knowingly-(a) makes for sale or hire any infringing copy of a work

in which copyright subsists; or,(b) sells or lets for hire, or by way of trade exposes or

offers for sale or hire any infringing copy of any suchwork; or,


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Register of Copyrights(c) distributes infringing copies of any such work either

for the purpose of trade or t o such an extent as toaffect prejudicially the owner of the copyright; or,

(d) by way of t rade exhibits in public any infringingcopy of any such work; or,

(e) imports for sale or hire into Canada any infringingcopy of any such work;

he shall be guilty of an offence under this act and be liableon summary conviction to a fine not exceeding ten dollarsfor every copy dealt with in contravention of this section,but not exceeding two hundred dollars in respect of the sametransaction; or, in .the case of a second or subsequentoffence, either to such fine or to imprisonment with or with-out hard labour for a term not exceeding two months.

(2) If any person knowingly makes or has in his posses-sion any plate for the purpose of making infringing copiesof any work in which copyright subsists, or knowingly andfor his private profit causes any such work to be performedin public without the consent of the owner of the copyright,he shall be guilty of an offence under this act, and be liableon summary conviction%oa fine not exceeding two h u n Wdollars, or in the case of a second or subsequent o h c e ,either to such fine or to imprisonment with or without hardlabour for a term not exceeding two months.

(3) The court before which any such proceedings aretaken may, whether the alleged offender is convicted ornot, order that all copies of the work or all plates in thepossession of the alleged offender, which appear to i t+o beinfringing copies'or plates for the purpose of making infring-ing copies, be destroyed or delivered up to the owner of thecopyright or otherwise dealt with as the court may think fit.

25.. (I ) Any person who, without the written consent ofthe owner of the copyright ~r of his legal representative,knowingly performs or causes to be performed in public andfor private profit the whole or any part, constituting aninfringement, of any dramatic or operatic work or musicalcomposition in which copyright subsists in Canada, shall beguilty of an offence, and shall be liable on summary convic-tion to a h e not exceeding two hundred and fifty dollars,or, in the case of a second or subsequent offence, either to


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160 Report of th Librariarr of Coqmstsuch fine or to imprisonment for a twm not exceeding twomonths, or to both.

(2) Any person who makes or causes to be made anychange in or suppression of the tit le, or the name of theauthor, of any dramatic or operatic work or musical com-position in which copright subsists in Canada, or whomakes or causes to be made any change in such work orcomposition itself without the written consent of the authoror of his legal representative, in order tha t the same maybe performed in whole or in part in public for privateprofit, shall be guilty of an offence, and shall be liableon summary conviction to a fine not exceeding five hundreddollars, or in the' case of a second or subsequent offence,either to such fine or to imprisonment for a term not ex-ceeding four months, or to both.

IMPORTATION OP COP=

26. Copies made out of Canada of any work in whichcopyright subsists which if made in Canada would infringecopyright and a s to which the own& of the copyright givesnotice in writing to the Department of Customs th at he isdesirous that such copies should not be so imported intoCanada, shall not be so imported, and shall be deemed tobe included in schedule C to the customs tariff, 1907, andthat schedule shall apply accordingly.

27 . (I) Where the owner of the copyright has by licenseor otherwise granted the right to reproduce any book inCanada, or where a license to reproduce such book has beengranted under sections twelve or thirteen, it shall not belawful except as provided in subsection three to importinto Canada copies of such book, and such copies shall bedeemed to be included in schedule C to the customs tariff,1907, and that schedule shall apply accordingly.

(2 ) Except as provided in subsection three, it shall beunlawful to import into Canada copies of any book in whichcopyright subsists until fourteen days after publicationthereof and during such period or any extension thereofsuch copies shall be deemed to be included in schedule C tothe customs tariff, 1907, and that schedule shall applyaccordingly.


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Provided that if within the said period of fourteen daysan application for a licensehas been made in accordancewiththe provisions of section thir teen, the minister may in )hisdiscretion extend the said period and the prohibition againstimportation shall be continued accordingly. The ministershall forthwith notify the Department of Customs of suchextension.

(3) Notwithstanding anything in this ac t it shall be lawfulfor any person :-(a) To import for his own use not more than two copies

of any work published in any country adhering to theconvention;

{b) To import for use by any department of His Majesty'sGovernment for the Dominion or any of the provincesof Canada, copies of any work, wherever published;(c) At any time before a work is printed or made inCanada t o import any copies required for the use ofany public library or institution of learning;

(d) To import any book lawfully printed in the UnitedKingdom or in a foreign country which has adhered tothe convention and th e additional protocol thereto setout in the second schedule to this act, and publishedfor circulation among, and sale to the public withineither; provided that any officer of the customs may,in his' discretion, require any person seeking to importany work under this section to produce satisfactoryevidence of the facts necessary to establish his right soto import.

ADMINISTRATION

28. The Copyright Office, established under t he copy-right act and amendments thereto, shall continue and shallbe attached to the Paten t Office, and any officers appointedunder the said act shall Pontinw as if established orappointed under this act.

29. The commissioner of patents may do any act orthing, whether judicial or ministerial, which the minister isauthorizgd or empowered to do by any provision of this act,and in the absence or inability to a& of the commissionerof patents the registrar of copyrights may exercise suchpbwers and do any such act or thing.


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162 Report of the Librarian of Congress30. There shall be a registrar of copyri#ts.3I . The commissioner of patents or the registrar of copy-

rights shall sign all entries made in the registers and shallsign all certificates and certified copies under the seal of theCopyright Office.32 . The registrar of copyright5 shall perform such otherduties in connection with the administration of this act asmay be assigned to him by the commissioner of patents.

33. There shall be a seal of the Copyright Office andimpressions thereof shall be judicially noticed.

34. The commissioner of patents shall, subject to theminister, oversee and dire& the officers, clerks and em-ployees of the Copyright Office, and have general control ofthe business thereof, and shall perform such other duties asare assigned to him by the governor in council.

35. ( I ) Every register of copyrights under this act shallbe prima facie evidence of the particulars entered thereinand documents purporting to be copies of any entries thereinor extracts therefrom, certified by the commissioner ofpatents or the registrar of copyrights and sealed with t hemseal of the Copyright Office, shall be admissible in evidencein all courts without further proof or production of theoriginals.

(2 ) A certificate of registration of copyright in a workshall be prima facie evidence that copyright subsists in thework and that the person registered is the owner of suchcopyright.

REGISTRATION

36. ( I ) The minister shall cause to be kept at the Copy-right Office, books to be called the registers of copyrights,.in which may be entered the names or titles of works andthe names and addresses of authors, and such other partic-ulars as may be prescribed.

(2) The author or publisher of, or the owner of, or otherperson interested in the copyright in any work may causethe particulars respecting the work to be entered in theregister.

(3) In the case of an encyclopaedia, newspaper, review,magazine or other periodical work,, or work published in aseries of books or parts, i t shall not be necessary to make


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a separate entry for each number or part, but a single entryfor the whole work shall suffice.

(4) There shall also be kept at the Copyright Ofice suchindexes of the registers established under this section asmay be prescribed.

(5) ' The registers and indexes established under thissection shall be in the prescribed form, and shall at allreasonable times be open to inspection, and any personshall be entitled to take copies of or make extracts fromany such register.

(6) Any registration made under the copyright act shallhave the same force and effect as if made under this act.(7) Any work in n-hich copyright, operative in Canada,

subsisted immediately before the commencement of thisact, shall he registerable under this act.37. (I) The application for the registration of a copy-

right may be made in the name of the author or of his legalrepresentatives, by any person purporting to be agent ofsuch author or legal representatives.

(2) Any damage caused by a fraudulent or an erroneousassumption of such authority shall be recoverable in anycourt of competent jurisdiction.38. Application for registration of a copyright shall bemade in accordance with the prescribed form, and shall be

deposited a t the Copyright Office, together with the pre-scribed fee.39, (I) Any grant of an interest in a copyright, either byassignment or license, may be registered, if made in dupli-

cate, upon production of both duplicates to the CopyrightOffice and payment of the prescribed fee. One duplicateshall be retained a t the Copyright Office and the other shallbe returned to the person depositing it, with a certificate ofregistration.(2) Any grant of an i n t e r 6 a copyright, either by as-signment or license, shallk adjudged void against any sub-

sequent assignee or licensee for valuable considerationwithout actual notice, unless such assignment or license isregistered in the manner directed by this act before theregistering of the instrument under which a subsequentassignee or licensee claims, and no grantee shall maintainany action under this act unless his and each such priorgrant has been registered.


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164 Report of the Librarian of Congres

Documents

US Copyright Office: ar-1921