Chapter 565.
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CHAP. 565.— An act to amend title sixty, chapter three, of the Revised Statutes of the United States, relating to copyrights.March 3, 1891. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Copyrights. That section forty-nine hundred and fifty-two of the Revised Statutes be, and the same is hereby, amended so as to read as follows: FIFTY-FIRST CONGRESS. Sess. II. Ch. 565. 1891.1107 " “Sec. 4952. The author, inventor, designer or proprietor of anyPersons and publications entitled to copyright.
R. S., sec. 4952, p, 917, amended. book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts, and the executors, administrators, or assigns of any such person shall, upon complying with the provisions of this chapter, have the sole liberty or printing, reprinting, publishing, completing, copying, executing, finishing, and vending the same; and, in the case of dramatic composition, of public! y performing or representing it or causing it to be performed or represented by others; and authors or their assigns shall have exclusive right to dramatize and translate any of their works for which copyright shall have been obtained under the laws of the United States.
” " Sec. 2. That section forty-nine hundred and fifty-four of the Revised Statutes be, and the same is hereby, amended so as to read as follows: " “Sec. 4954. The author, inventor, or designer, if he be still living,Further term of exclusive right. R. S., sec. 4954, p. 558, amended. or his widow or children, if he be dead, shall have the same exclusive right continued for the further term of fourteen years, upon recording the title of the work or description of the article so secured a second time, and complying with all other regulations in regard to original copyrights, within six months before the expiration of the first term; and such persons shall, within two months from the datePublication of record. of said renewal, cause a copy of the record thereof to be published in one or more newspapers printed in the United States for the space of four weeks.
” " Sec. 3. That section forty-nine hundred and fifty-six of the Revised Statutes of the United States be, and the same is hereby, amended so that it shall read as follows: " “Sec. 4956. No person shall be entitled to a copyright unless heDeposit of title or description, before publication. R. S., sec. 4156, p. 938, amended. shall, on or before the day of publication in this or any foreign country, deliver at the office of the Librarian of Congress, or deposit in the mail within the United States, addressed to the Librarian of Congress, at Washington, District of Columbia, a printed copy of the title of the book, map, chart, dramatic or musical composition, engraving, cut, print, photograph, or chromo, or a description of the painting, drawing, statue, statuary, or a model or design for a work of the fine arts for which he desires a copyright, nor unless he shall also, not later than the day of the publication thereof in thisTwo copies of work or photograph, on day of publication. or any foreign country, deliver at the office of the Librarian of Congress, at Washington, District of Columbia, or deposit in the mail within the United States, addressed to the Librarian of Congress, at Washington, District of Columbia, two copies of such copyright book. map. chart, dramatic or musical composition, engraving, chromo, cat, print, or photograph, or in case of a painting, drawing, statue, statuary, model, or design for a work of the fine arts, a photograph of same: *Provided*, That in the case of a book, photograph,*Provisos*.
To be made in the United States. chromo, or lithograph, the two copies of the same required to be delivered or deposited as above shall be printed from type set within the limits of the United States, or from plates made therefrom, or from negatives, or drawings on stone made within the limits of the United States, or from transfers made therefrom. DuringImportation of foreign editions prohibited. the existence of such copyright the importation into the United States of any book, chromo, lithograph, or photograph, so copyrighted. or any edition or editions thereof, or any plates of the same not made from typeset, negatives, or drawings on stone made within the limits of the United States, shall be, and it is hereby, prohibited, except in the cases specified in paragraphs five hundred and twelveExceptions. to five hundred and sixteen, inclusive, in section two of the act entitled*Ante*, p. 604.
“An act to reduce the revenue and equalize the duties on imports, and for other purposes,” approved October first, eighteen 1108 hundred and ninety; and except in the case of persons purchasingPurchases for use. for use and not for sale, who import subject to the duty thereon, not more than two copies of such book at any one time; and except in Newspapers, etc.the case of newspapers and magazines, not containing in whole or in part matter copyrighted under the provisions of this act, unauthorized by the author, which are hereby exempted from prohibition of importation: *Provided, nevertheless*, That in the ease of books in Translations.foreign languages, of which only translations in English are copyrighted the prohibition of importation shall apply only to the translation of the same, and the importation of the books in the original language shall be permitted.
” " Sec. 4. That section forty-nine hundred and fifty-eight of the Revised Statutes be, and the same is hereby, amended so that it will read as follows: " “Sec. 4958. The Librarian of Congress shall receive from the personsFees. R. S., sec. 4958, p. 958, amended. to whom the services designated are rendered the following fees: “First. For recording the title or description of any copyright book or other article, fifty cents. “Second. For every copy under seal of such record actually given to the person claiming the copyright, or his assigns, fifty cents.
“Third. For recording and certifying any instrument of writing for the assignment of a copyright, one dollar. “Fourth. For every copy of an assignment, one dollar, “All fees so received shall be paid into the Treasury of the United *Proviso*. Charge for recording production of foreigner.States: *Provided*, That the charge for recording the title or description of any article entered for copyright, the production of a person not a citizen or resident of the United States, shall be one dollar, to be paid as above into the Treasury of the United States, to defray the expenses of lists of copyrighted articles as hereinafter provided for.
“And it is hereby made the duty of the Librarian of Congress toList of copyrighted articles to be furnished Treasury. furnish to the Secretary of the Treasury copies of the entries of titles of all books and other articles wherein the copyright has been completed by the deposit of two copies of such book printed from type set within the limits of the United States, in accordance with the provisions of this act and by the deposit of two copies of such other article made or produced in the United States; and the Secretary of the Treasury is hereby directed to prepare and print, at Weekly catalogues for customs and postal officials.intervals of not more than a week, catalogues of such title-entries for distribution to the collectors of customs of the United States and to the postmasters of all post-offices receiving foreign mails, and such Sales.weekly lists, as they are issued, shall be furnished to all parties desiring them, at a sum not exceeding five dollars per annum; and the Secretary and the Postmaster-General are hereby empowered and Rules to prevent prohibited importations.required to make and enforce such rules and regulations as shall prevent the importation into the United States, except upon the conditions above specified, of all articles prohibited by this act.
” " Sec. 5. That section forty-nine hundred and fifty-nine of the Revised Statutes be, and the same is hereby, amended so as to read as follows: " “Sec. 4959. The proprietor of every copyright book or other articleCopy of subsequent editions. R. S., sec. 4959, p. 958, amended. shall deliver at the office of the Librarian of Congress, or deposit in the mail, addressed to the Librarian of Congress, at Washington, District of Columbia, a copy of every subsequent edition wherein *Proviso*.
Additions by foreign authors.any substantial changes shall be made: *Provided, however*, That the alterations, revisions, and additions made to books by foreign authors, heretofore published, of which new additions shall appear subsequently to the taking, effect of this act, shall be held and deemed capable of being copyrighted as above provided for in this act, unless they form a part of the series in course of publication at the time this act shall take effect.” " 1109 Sec. 6.
That section forty-nine hundred and sixty-three of the Revised Statutes be, and the same is hereby, amended so as to read as follows: " “Sec. 4963. Every person who shall insert or impress such notice,Penalty for false notice of entry. R. S., sec. 4963, p. 959, amended. or words of the same purport, in or upon any book, map. chart, dramatic, or musical composition, print, cut engraving, or photograph, or other article, for which he has not obtained a copyright, shall be liable to a penalty of one hundred dollars, recoverable one-half for the person who shall sue for such penalty and one-half to the use of the United States.
” " Sec. 7. That section forty-nine hundred and sixty-four of the Revised Statutes be, and the same is hereby, amended so as to read as follows: " “Sec. 4964. Every person, who after the recording of the title ofViolations of copyright of books. R. S., sec. 4964, p. 959, amended. any book and the depositing of two copies of such book, as provided by this act, shall, contrary to the provisions of this act, within the term limited, and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, print, publish, dramatize, translate, or import, or knowing the same to be so printed, published, dramatized, translated, or imported, shall sell or expose to sale any copy of such book, shall forfeitForfeiture. every copy thereof to such proprietor, and shall also forfeit and pay suchDamages. damages as may be recovered in a civil action by such proprietor in any court of competent jurisdiction” " Sec. 8.
That section forty-nine hundred and sixty-five of the Revised Statutes be, and the same is hereby, so amended as to read as follows: " “Sec. 4965. If any person, after the recording of the title of anyViolations of copyright of maps, prints, designs. etc. R. S., sec. 4965, p. 959, amended. map. chart, dramatic or musical composition, print, cut, engraving, or photograph, or chromo, or of the description of any painting, drawing, statue, statuary, or model or design intended to be perfected and executed as a work of the fine arts, as provided by this act, shall within the term limited, contrary to the provisions of this act, and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, dramatize, translate, or import, either in whole or in part, or by varying the main design with intent to evade the law, or. knowing the same to be so printed, published, dramatized, translated, or imported, shall seller expose to sale any copy of such map or other article as aforesaid, he shall forfeit to the proprietorForfeiture of plates, sheets, etc. all the plates on which the same shall be copied and every sheet thereof, either copied or printed, and shall further forfeit one dollar for every sheet of the same found in his possession, eitherMoney penalty. printing, printed, copied, published, imported, or exposed for sale, and in case of a painting, statue, or statuary, he shall forfeit ten dollars for every copy of the same in his possession, or by him sold or exposed for sale: one-half thereof to the proprietor and the otherDisposition of proceeds. half to the use of the United States.
” " Sec. 9. That section forty-nine hundred and sixty-seven of the Revised Statutes be, and the same is hereby, amended so as to read as follows: " “Sec. 4967. Every person who shall print or publish any manuscriptDamages for printing. etc., manuscript. R. S., sec. 4967, p. 959, amended. whatever without the consent of the author or proprietor first obtained, shall be liable to the author or proprietor for all damages occasioned by such injury.” " Sec. 10. That section forty-nine hundred and seventy-one of theAlien products.
Revised Statutes be. and the same is hereby, repealed. Sec. 11. That for the purpose of this act each volume of a book inR. S., sec. 4971, p. 960, repealed. two or more volumes, when such volumes are published separatelyVolumes separately copyrightable. and the first one shall not have been issued before this act shall take effect, and each number of a periodical shall be considered an independent publication, subject to the form of copyrighting as above. 1110FIFTY-FIRST CONGRESS.
Sess. II. Chs. 565, 566. 1891. Sec. 12. That this act shall go into effect on the first day of July,In effect July 1, 1891. anno Domini eighteen hundred and ninety-one. Sec. 13. That this act shall only apply to a citizen or subject of aApplicable to citizens of foreign countries permitting similar rights. foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens; or when such foreign Treaty stipulations.state of nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America, may, at its pleasure,Proclamations. become a party to such agreement.
The existence of either of the conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time as the purposes of this act may require. Approved, March 3, 1891.