Copyright
the exclusive right of property in any intellectual production; the protection afforded by the law for a limited number of years to the originator of any written or printed composiwork of art, or to his heirs and assigns, whereby persons unauthorized are prevented from multiplying and selling copies, or, in case of dramatic works, from representing them on the stage.
Such rights were claimed by authors before the introduction of printing. After the invention of the printing press, the right to publish books became the subject of licenses and patents. The common law affords a certain measure of protection to works unpublished or published only for a limited purpose. The writer of a letter, for example, transfers his property in it to the receiver; but the receiver has no right to print it for sale or distribution without the writer's consent. The copyright in published works is the creation of statute; the first British Copyright Act was passed in 1709; and by virtue of its provisions authors acquired the sole liberty of printing their books during a term of 14 years from first publication, and, if the author should be living at the end of that time, during a further term of 14 years.
In 1814 the term of copyright was extended to 28 years and the residue of the author's life, if he were living at the end of the term.
Under the British Copyright Act of 1842, the copyright in a book published in the lifetime of an author endured until the death of the author and for seven years thereafter. If this period came to an end before the expiration of 42 years from the original date of publication, the term of copyright did not end until the close of such term of 42 years.
Copyrights were registered in Stationer's Hall, the entry including the title of the work and the name and address of the publisher and of the owner of the copyright.
Periodicals were included in the benefits of this act, as were also volumes and parts of volumes, maps, charts, plans, sheets of music, pamphlets, etc., published separately. Works held by the courts to be immoral or irreligious could not be protected by copyright.
As time passed, the scope of the material included as subject to copyright protection was widened, especially as regarded newspapers, directories, etc. A Lecture Copyright Bill had been passed in 1835, the term of copyright being 28 years. Published dramatic compositions and musical works received such COPYRIGHT protection as books under the act of 1842.
In the matter of stage or other protected by an Act of 1833, for the term public representation, they were already of 28 years or the life of the author. copyright laws of the British Empire A very important development in the and a considerable number of other countries was the Bern Convention, finally signed signed on September 5, 1887, by Belgium, the British Empire, France, Germany, Hayti, Italy, Spain, Switzerland, and Tunis, and signed soon after by Luxemburg, Monaco, Norway, and Japan, and by other countries later. The nations agreeing to this convention make up the International Copyright Union.
An author or publisher who complies with the regulations for publication and registration in one of these countries receives copyright protection in all the other countries that are members of the Copyright Union, but the term in one of these other countries cannot be longer than that in the country in which the work was first published. The World War has created some gaps in the Copyright Union and the copyright developments in the various countries that formerly comprised the Central Powers, as well as those in Russia should be followed by peoples interested in such copyright protection. The British Copyright Act of 1912 duration of the author's life and 50 years lengthened the term of copyright to the after his death. Merely by virtue of the fact that he is the author, an author's pulsory formalities. This law defines copyright is protected without any com- "copyright" to mean "the sole right to produce or reproduce the work or any substantial part thereof in any material form whatsoever, to perform, or in the any substantial part thereof; and shall case of a lecture to deliver, the work or include the sole rightor publish any translation of the work; "(a) to produce, reproduce, perform, to convert it into a novel or other non- "(b) in the case of a dramatic work, dramatic work; non-dramatic work, or of an artistic "(c) in the case of a novel or other work, to convert it into a dramatic work, by way of performance in public or otherwise otherwise; "(d) in the case of a literary, drarecord, perforated roll, cinematograph matic, or musical work, to make any film, or other contrivance by means of which the work may be mechanically performed or delivered, and to authorize any such acts as aforesaid." the death of an author of a particular If, at the expiration of 25 years from work, another person wishes to publish COPYRIGHT the work, he may do so provided he gives notice of his intention and pays 10% royalty to the owner of the copyright.
If the work in question was already in copyright when the Act was passed, the period after the author's death when such republication may take place is 30 years.
If, after the death of an author of any literary, dramatic or musical work, the owner of the copyright refuses to republish, upon complaint, the Judicial Committee of the Privy Council may order the owner of the copyright to issue a license for republication or reproduction.
The publisher of every book published in the United Kingdom must deliver a copy of his book, book, at his own expense, to the British Museum within a month after publication, the trustees giving him a receipt. If demand is made within twelve months of publication, he must also deliver a copy to each of the following: Bodleian Library, Oxford; the University Library, Cambridge; the Library of the Faculty of Advocates at Edinburgh, and the Library of Trinity College, Dublin; and, with certain conditions, the National Library of Wales. The first United States copyright act was passed in 1790. In March, 1891, following the copyright act of March 3, the United States entered into reciprocal copyright relations with Great Britain.
The present copyright law of the United States is that which went into effect on July 1, 1909, with amendments since added. Under this law works subject to copyright may be classified as: (a) books, including encyclopedias, directories, gazetteers, and other compilations; (b) periodicals, including newspapers; (c) lectures, sermons and other addresses prepared for oral delivery; (d) dramatic or dramatico-musical compositions; (e) musical compositions; (f) maps; (g) works of art, models or designs for works of art; (h) reproductions of a work of art; (i) drawings, or plastic works of a scientific or mechanical character; (j) photographs; (k) prints and pictorial illustrations. The amendments of August 24, 1912, added to these (1) motion picture photo-plays; (m) motion pictures other than photoplays. In applying for copyright, state to which of these classes the work belongs.
To obtain copyright for a work published for sale or distribution, first publish the work with a copyright notice, as, "Copyright (year), by (name of owner of copyright)." In the case of maps and pictures, Nos. (f) to (k) inclusive, the sign -C inside a circlemay be used with the initials or other COPYRIGHT symbol of the owner, provided the full name of the owner of copyright appears in some accessible place. The copyright notice on a book must appear on the title page or the page next following.
Forward two copies of the best edition of the work to the Register of Copyright, Library of Congress, Washington, D. C., together with a fee of $1 and an application for registration. If the work is by an American author, or a permanent resident of the United States, the application must also be accompanied by a sworn affidavit, setting forth that the typesetting, printing and binding have been done within the limits of the United States. Forms for application and affidavit can be obtained from the Copyright Office at Washington.
A foreign work in the English language must also be manufactured in' the United States in order to obtain copyright protection here. In the case of a book in English published abroad before publication in the United States, an ad interim copyright may be obtained for the term of 30 days after the day of deposit, by depositing one complete copy of the foreign edition within 30 days of its publication. If during the ad interim term, two copies of the American edition are deposited with application, fee of $1 and sworn affidavit that the manufacturing has all been done in the United States, the copyright will be extended to the full term of 28 years accorded to American works. By the amendment of 1920, ad interim protection was extended to four calendar months.
In the case of a foreign work published in some other language than English, it is not required that the manufacturing be done in the United States. It is also possible to copyright works that are not published in copies for sale by depositing the required means of identification. The fee is $1, but in the case of photographs, if no certificate of registration is asked for, the accompanying fee is 50 cents. The term of copyright is 28 years, and it may be renewed for another 28 years.
Foreign authors who may obtain copyright in the United States are limited to those who live in the United States, or whose countries grant to citizens of the United States substantially equal copyright protection. Such agreements with foreign countries are recorded in treaties or announced by Presidential Proclamation.
Such arrangements have been made with a large number of the countries of the world. Copyright relations with enemy countries were interrupted by the war and some difficulties were experisince been adjusted. COQUELIN enced in the case of other participants in the war, many of these things having The length of term of copyright is not in the war, many of these things having since been adjusted.
The length of term of copyright is not the same even throughout the Copyright Union. There was an effort at the time the Union was formed to have all the member countries adopt the term estab- lished in France and some other Europthe Union was formed to have all the member countries adopt the term established in France and some other European countries-50 years after the death of the author-and though this was not at the time agreed upon, it has since been adopted in Great Britain and many of the other countries. There is a persistent effort by authors in the United States to have this country join the Copyright Union and extend the term of copyright to 50 years after the death of the author. The difference in labor conditions from those of the Old World leads to the demand in the United States that to receive protection here books must be manufactured here, and this is one important argument against becoming a member of the Copyright Union. The self-governing colonies of the British Empire pire have copyright laws nearly agreeing with that of the United Kingdom, with the exception of Canada.
Kingdom, with the exception of Canada. protection not only in the United States but in foreign countries, would publish and the United States (this would protect him in the Copyright Union) and register in Canada, making inquiries as to changing copyright conditions previous to publication of the work.
Copyrights can be assigned in writing; but an assignment of copyright must be recorded in the Copyright Office within three months of its execution in the United States or within six months if execution is made outside the United States. An assignment of copyright if executed in a foreign country must be acknowledged before a United States recorded in the Copyright Office within three months of its execution in the United States or within six months if execution is made outside the United States. An assignment of copyright if The subjects of possible copyright have been constantly increasing, due to modern discovery of new methods for reproduction of certain types of material. Among the most notable instances of such change are the production or reproduction of stories, plays, etc., through motion picture films, and the mechanical reproduction of music. A development that will probably bring about some changes in the copyright laws of nations is that of wireless telephony.
In general, works that are considered contrary to morality or religion cannot be copyrighted.