REPORT OF THE REGISTER OF COPYREHI3 FOR THE FISCAL YEAR 1923-24

WASHINQTON, . C., J d y 7,1924. D Sm: The copyright business and the work of the copy-

right office for the h c a l year July 1, 1923, to J h e 30, 1924, inclusive, are summarized as follows :

PW. ~LC.

The gross receipts during the year were $167,705.98.

A balance of $15,039.34, representing trust funds and mihished business, was on hand July 1, 1923, maldng a
total sum of $182,745.32 to be mounted for. Of this amount the sum of $5,411.51, received by the copyright office, was refunded as excess fees or (ls fees for artides not registrable, leaving a net balance of $177,333.81. The balance carried over to July 1, 1924, was $14,788.91 (representing trust funds, $13,104.97, and t o t d unfinished businem since July 1, 1897-27 years-$1,683.94), leaving fees applied during the fiscal year 1923-24 and paid into the Treasury $162,544.90. This is the largest year's buainess in the history of the -office. The annual applied fees since July 1, 1897, are:
1897-88--------- $55,926.50. 1912-13-------- 8114,980.80 1898-99--------- 58,267.00.1913-14 -------120,219.25 111,92276 1899-1800-- - - - -- 65,206.00; 191616-- - -- - -19W-1901-- - - --- 63,687. 50 + 1915-16-- - - - --112,986.86 1901-2---------- 64,687.00 1916-17 110,077.40 1902-3 ---------- 68,874 50 1917-18 -------- 106,35240 113, 1 . g i . ...-..-72,629.oo loislo-. . ..--- 1 s m 1904-6---------- 78,058.00 1919-20- - - - _ - - - 126,49226 l(H15-6---------80, 198.00 192&21-------- 134,516.16 1906-7---------- 84,686.00 1921-22 -------138,516.15 1907-8---------- 82,387.50 1922-23 - - - , - - - 149,297.00 1908-9 ----_. ----- 83,816.76.1923-24 - - - - - - - - 162,644.90 1909-10--------- 104,64495 1910-11-- - _---- 109,91895 : 1 Total-_--- 2 690,68Q 40 , 1911-12---,----- , 116,686.06

!

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I84

Register of &pyrigh
EXPENDITUBES

185

, The appropriation made by Congress for sal& in the copyright office for the fiscal year ending June 30, 1924, was $112,400. The total expenditures for salaries was $111,991.08, or $50,553.82 less than the net amount of fees earned and paid into the Treasury during the comesponding year. The expenditures for supplies, including stationery and other artides and postage on foreign mail,= matter, etc., wes $926.92, leaving a bdance for the year of $49,626.90 to the credit of the o h . During the 27 h a d years since the reorganization of cd$*,h.re the copyright office (from July 1, 1897, to June 30, 1924) the copyright fees applied and paid into the T r e a s q have amounted to $2,690,690.40, the articles deposited number 5,432,149, and the tofal copyright registrations number 3,094,825. The fees earned ($2,690,690.40) were larger than ,et !--, h 1appropriations for s a l k used during the same period ($2,249,423.04) by $441,267.38. In addition to this direct pro& the large number o *h;v-$resp). f . nearly five and a half million books, mapa, music& works, periodicals, prints, and othsr articles deposited during the 27 years were of substantial pecuniary value and of such a character thaf their accession fo the Library of Congress through the copyright office effected a large equal in saving to the purchase fund of the Libamount to their price.
COPYEXGHT ENTBlES AND FEES

"

The registrations for the Gscal year numbered 162,694. B"MYdf*. Of these, 153,147 w r registrekions at $1 each, including ee a certificate, and 6,114 were?egisfrations of photograp?m without cerfificates, at 50 cents e d . T h e were a h 8,433 registrations of renew&, at 50 centa emh. The fees for these registrations mounted to a total of $157,920.50. The number of regieations in each class from July 1, 1918, to June 80, 1924, is shown in -bit D.

186
A*ic'@dCPOlfUd-

Report o the Lib+ation o Cmgmu f f

The total number of separate articles deposited in compliance with the copyright law which have been registered, stamped, indexed, and catalogued during the h c a l year is 273,445. The number of these articles in each class for the f k a l years July 1, 1920, to June 30, 1924, is shown in Exhibit E. wmkr cbfdw It is not possible to determine exactly how completely copdht. the works which claim copyright are deposited; but a s title cards are printed and supplied upon request to other libraries for all books received bearing United States notice of copyright, the demand for such cards for works not received furnishes some indication of possible percentage of failure to deposit. ~dauatr W In response to inquiries received during the year from d=. the c u d division, the order division, and 'the reading room in regard to 568 books supposed to have been copyrighted but not discovered in the Library, it was found that 69 of these works had been received and were actually in the Library, 34 books had been deposited and were still in the copyright office, 40 works were either not published, did not claim copyright, or for other valid reasons could not be deposited, while in the case of 134 works no answers to our lettens of inquiry had been received up to June 30, 1924. Copiea were received o f , 291 works in all in response to requesta made b y the copyright office during the period of 12 months'for works published in recent years. AwmThe total copyright deposita for the year included Ued during w . 20,120 printed volumes, 55,120 parnphleta and leafleta, 78,756 newspapers and magazines (separate numbers), 3,709 dramas, 37,950 pieces of music, 4,427 maps, 14,768 photographs, 17,038 printa, 8,598 motion pictures, 22,300 contributions to periodicals, 5,024 works of art and drawings, and 280 lectures. These were all produced in the United States. From abroad there were received 4,376 books in foreign languages and 979 books in English. D*porol e/ ( 6 . Our copyright laws have required the deposit of copies 1 m. for the use of the Library of Congress. The act of 1909, which expressly provided for such deposit in order to secure the registration of the work, still insisted upon a

deposit of two copiers (except of foreign boob) for the benefit of the Library; but to check the useless accumulation of such copies in the copyright oflice it is provided that the Librarian of Congrem shall determiie '(1) what books or other articlas shall be transferred to the p r rnanent collectiom of the Library of Congress, including the law library; (2) what other books or artidea shall be placed in the reserve collections of the Library of Congress for sale or exchange; and (3) or be-transferred to other Government libraries in the Diskkt of Columbia for use therein. The law further provides (4) that articles remaining undisposed of may, upon specSed conditiom, be returned to the authora or copyright proprietors. During the h c a l year a total of 95,259 articles deposited 1 0 have been transferred to the Library of Cow-. This number included 20,282 books, 58,108 periodic&, 9,689 pieces of music, 3,283 m a p , and 3,897 photographs and engravings. Out of the total number of articles deposited in t h e , ~ ~ ~ ~ ~ m ~ copyright office during the period from July 1, 1909, to June 30, 1924 (3,278,230), there have been transferred b the Library of Congress 276,713 books, 335,000 pieces of mwic; 71,531 maps, 55,415 photographs and printa, 609,100 newspapers and magazines {numbers)-a total of 1,347,769 pieces during 15 years. :& , Under authority of section 59 there were t r a n s f d ? during the fiscal year to other governmental libraries in the District of Columbia "for use therein" 5,319 boob. Under this transfer, up to June 30, 1924, the following libraries have received b o o b as indicated Wow: Bureau of Education, 13,613; Bureau of Standards, 2,094; Department of A g r i c u h e , 3,255; Department of Commerce, 7,181 ; Engineer School, Corps of Enginem, 3,153; Federal Trade Commission, 6,814; Surgeon General's Office, 4,596; Navy Department, 1,715; Public Library, af the District of Columbia, 35,019; Soldiem' Home, 1,232; Interstate Commerce Commission, 889; Treasury Department, 1,292; Patent Office, 778; Bureau of Mines, 370; Walter Reed Hospital, 538; to 16 other libraries a total of 7,575 volumes, makmg a grand total of 89,914.

2alymd

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188
hrn O f de-

Report o the bhzrian o f f

~

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8

porltr to copu~ivht authority ~lai~ncr.

Under the provisions of the act of March 4, 1909, is granted also for the return to the claimants of copyright of such copyright deposits as are not needed by the Library of Congress or the copyright office. The notice required by section 60 has been printed for all classes of works deposited and registered during the yeare July 1, 1909, to June 30, 1919. I n response to special requests 8,153 motion-picture h s have been returned during the h c a l year to the copyright claimants and 36,622 other deposits, making a total of 44,775 articles. Since the act went into effect up to June 30, 1924, a total of 548,046 articles have thus been returned to the claimants of copyright in them, and altogether there have been transferred from the copyright ofice shelves 2,014,169 articles, thus securing a great saving of space and avoiding useless duplication and accumulation.

INDEX OF COPYRIGHT ENTIUEB, CATLOOUE, BULLETINB, AND OIBOUL.438
M I n h d .

As required by statute, all copyright entries are fully indexed. During the fiscal year 236,354 cards were made for this purpose and served also as copy for the Catalogue of Copyright Entries, which formed, during the calendar year 1923, five octavo volumes tqtaling nearly 7,700 pages. So far as practical, the title cards for copyrighted books prepared by the catalogue division of the Library of Congress are used in preparing printer'e copy for the Catalogue of Copyright Entries, Part I, Group I (books). But of the 58,003 titles of books included in the catalogue during the calendar year 1923, about 8,000 were so p r e pared. The remaining 50,000 titles were written in the copyright office by the catalogue and index division, and in addition the index cards required for all other works registered, which numbered, during 1923, over 236,000. - During the calendar year the Catalogue of Copyright Entries w s interrupted in publication from March to a Juhe, 1924. Since July 1, however, all parts are in the hands of the printer. No numbers have been printed except the leaflets for books proper, but i t is now hoped that the printing of the delayed numbers, long since prepared, may go forward with some promptnma.

8 r m m . r ~ of SUMMART P T S ~ E~T I N E S S or CO S c w. w Belance on hand July 1.1823- -------- $15,039.34 Grow receipts July 1, 1923,to June 80, 1924.............................. 107,705.98 --Total to be accounted for ------- 182,745.32 Refunded--------------------------6,411.51 Balance to be accounted for-,------_-,----Sl77,333.81

Applied aa earned fees---- -- - - - - ,- - -Sl62,S44.90 -Balance carried over to July 1, 1024: Trust funds--,-,-,--813,104.87 U n f i n i s h e d business J u l y 1, 1897, t o June 30, 1924, 27 yesre-------------- 1,683.84 14,78a Ql

-

177,

8 1

Total fees earned and paid into Treesury during the 27 years from July 1, 1897, to June 30, 1924- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2,890,68Q40 1,688.94 Total un6nished businese for 27 ymra -----------..
FEES FOR FIBCAL TEAR

~ra Feea for registrations, including certificates, a t 81 eeoh--------------- 8153,147.00 Feea for registration of photographs without certificates, a t SO centa each------..--------------------- 3,067.00 Feee for registrations of renew&, a t 50 cenb each- - - - - - - - - , - , - - - - - - 1,716.50 Total fees for registrations recorded-- --- --, 157,92Q60 Fees for certified copies of record, st 80 cents each ---- -- - -- -, --- --- -, 8 0 . 50 94 Fees for recording assignments- - - - - 2,888 00 Searches made and charged for a t the rate of 60 cents for each hour of 336.50 time consumed, - ---------------Noticee of umr recorded (music)- - - - 206.00 Z8Q.40 Indexing transfere of proprietomup - 4 624.40

Total fees for fiacal year 1925-24----------ENTIUEB

162,544.90

Number of registration8 ---------,-159,261 Number of renewels recorded -----,-3, 433 Number of certified copies of record-Number of assignments recorded or

Jwakv.

162,094 1,IN9

copiai--------,------,-,-------,-- 2,050

190
m--.

R p r o tire Librarian o C eot f f 8

The greater part bf the business of tfie copyright oflice is done by correspondence. The total letters and parcels received during the h c a l year numbered 179,443, while the letters, parcels, eta., dispatched numbered 177,462. During the last 27 h c a l years the money orders received numbered 753,918.
COPYRIGHT OFFICE PUBLICATION8

BJ~?~u#.

ci~mkr.

The new Canadian copyright law of June 4,1921, which was amended on-June 13, 1923, and went into &ect on January 1, 1924, was printed with the Canadian Copyright Rules and Forms, 1924, as Copyright Office B d letin No. 20 (iii, 55 pp. 8'). The "United States copyright laws in force" and the "~ules and Regulations for the registration of claims to copyright," Bulletins 14 and 15, respectively, were reprinted during the year without changes. The President's proclamation of December 27, 1923, extending reciprocal copyright protection to Canada, including protection under section 1 (e) of the act of 1909, in regard to the mechanical reproduction of musical works, and the Canadian copyright certificate of December 26,1923, extending to the United States the Canadian copyright act which went into effect on January 1, 1924, was issued as Information Circular No. 63 (2 pp. 8O).
CONDITION OF COPYRIGHT OFFICE WOBK

condttion s (
curred o a k .

On July 7, 1924, the remittances received up to the

third mail of- the day had been recorded. The account
books of the bookkeeping division were balanced for June, the kancial statements were prepared for the Treasury Department, and all earned fees to June 30 had been paid into the Treasury. But the current work of recording, cataloguing, and indexing is seriously in arrearage. The record division has 2,866 entries and the catalogue and index division 5,756 entries to be overtaken.
COPYRlGIET LEGISLATION PROPOSED

Prnf-~e
m d f o r p@l.

s (

Several bills have been presented since the opening of the Sixty-eighth Congress last December, for the purpose

of amending section 1 (e) of the copyrighf Bet of M a d 4, 1909, dealing with the mechanical reproduction of musical compositions. The h t of these is a bill of six lines introduced by Hon. Albert Johnson on December 5, 1923,' which proposes to strike out the words "except in .case of pubic performance for profit," from the second sentence in section 1 (e), leaving it to read:
The payment of the royalty provided for by thie section ehdl fr& the articlea or devicea for which such royalty hes been paid from further contribution to the copyright.

On January 26, 1924,' a bill was introduced in the House by Hon. Walter H. Newton, of Minnemta. It proposes to strike out from section 1 &) the exclusive right of the owner of the copyright "to axrange or adapt it if it be a musical work," and adds to section 1 (e) a new proviso reading:
That the copyright control ehall not extend to public performance for profit of mueical compositions where euch performance ia made from printed or written eheeta or reproducing devicee hued under the authority of the owner of the copyright.

On February 23 (legislative day, February 22)) 1924, Hon. Clarence C. Dill introduced a bill' corresponding to 3 R. 6250, but specifically referring to the reprod. tion of music by radio or telephone. On April 11 (legislative day, April 10) 8n amended bill was introduced by Senator Dill, in which a new proviso to seotion 1 (e) is proposed, reading as follows:
That the copyright control shell not extend to public performance of musical compoeitiom where euch performanoe ia made from printed or written eheeta or by reproducing devices issued
1 1RU (De? 5). A blll to amend mcticm 1 of the c o p d t law. Intmducsd by Mr. Johnaon, ofWaahhgton. H. R 718. BBth C . . F Iat a . Printed, I p. 4. lk&mj s to the Committee on P.LQt8. r l a 4 (Jan. 2B). A blll to mend extktr~ ofan aet entltbd "An sct toamend and a1 solidate the acts respectlllg oopyrlght." approved March 4, 1808. Ilrtroduced by Mr. Newton, of Minneaot.. H. R. @SO, 68th Ca., I l t sss. Prlnted, 5 pp. 4'. R e h a d to the Commltteeon Pabntr. a 1VA (Feb. 12, calendar day, l e b . g . A blll to ameed ae~4lon1 of an ecC entUbd ) "An act to amend and ansolidate the sets respecting eopmi~@It,'' approved Much 4. 1808. Introduced by Mr. Dm. 8. 2800, 68th Cow.. Iat #am. Prlnted, 6 pp. do. Referred to the Committee on P.taotr. 4 1 M (Apr. 10. ccrlendar day, Apr. 11). A blll to smend Wlon 1 of an act entltbd W . "An act to amend and consolidate the sets respecting copyright." approved Manh 4, 1808. Introduesd by Mr. Dill. 8. 3 7 , 1 8h C m . , 1st aas. Printed, 6 pp. 4*. 3 6 ?t Referred to the Committee on P.taotr.

under the authority of the owner of the copyright, by uee o the f radio or telephone, or radio receiving sets, or both or all of them; and no additional charges or f w shall be made by any owner of a copyright or by his assignee or licensee, because that or any other musical composition ie being furnished by, or for use by, radio, or because any person or corpordion is engaged in furnishing or using musical compositions by radio, and that the right to use musical compositions shall not be refused to any person because such person is furnishing musical performances for or by radio.

This bill was introduced in the House of Representatives on April 15 by Hon. W. A. Ayres.' On April 27, 1924, Hon. Albert Johnson, of Washington, reintroduced his bill of December 5, 1923, with a new proviso to section 1 (e), paragraph 1, which reads as follows :
And provided furlher, That when any author or composer or his or her administrator, executor or assign shall publish or cause to be published for sale to the public copies of any copyrighted musical composition, the sale of any such copy shall free the aame from further contribution by the holder thereof to the author or composer or hi^ or her adminiatrator, executor, or assign, in csee of public performance for profit.

I t also strikes out from the concluding paragraph of section 1 (e) the words "unless a fee is charged for admission to the place where such reproduction or rendition occurs," so that the paragraph reads:
The reproduction or rendition of a musical composition by or upon coin-operated machines shall not be deemed a public performance for profit.

The Committees' on Patents d the House and Senate held hearings on these bil1s.a
1 1811 (Apr. 1s). A bill to amend &Ion 1 of m act entitled "An net t o amend sod consoildate the acts respectlnt copyrlght," approved Mamh 4. 1809. Intrcducsd by Mr. A m . H. R. 8806, BBth Cong., 1st ae8s. PIIUW, 6 pp. 4'. Referred t o tha Committan m Patents. a1 - (Apr. 17). A bill to amend aaction 1 of m aat entltled "An ad to amend and consolidate the acts respecting copyright," approved March 4, 1809. Introduaed by Mr. Johnson, of Washington. H. R. 8734, 68th Cong., 1st seas. P i t d 6 pp. 4'. rne, Referred to the Committan on Patenta. a To amend the copyright sat. Hearings before a aubcommittan on Patenta, U. 8. Senate, B8th Cong., 1st seas., on 8.2800, a blll to amend section 1 of an act entitbd "An act to amend and consolidate the ncta respecting copyrlght" approved M u c h 4 1909, Apdl9, 17 m d 18, 1811. Washington, Government Printing O m , 1811. 2 p. l., ?77 pp. So. Copyrights Hesrings held Worn the Committee on Patenb, Hauae ol R e p a sentatlves, 88th Congress, 1st d o n , on H. R. 6250and H. R. 9137, bllls tonmaad settIon 1olan act entitled "An act toamend and consolidate the a c b mpecting copydght," approved March 4,1808. April 25, May d,7, and 8fand 15and lq, l . Washb@un. a Oovenunent Printing Oloe, l . 1 p. 1.. 389 pp. F. a

Several bills were introduced during %ha h d year to permit the United S t a t e fo enter the International$%. Copyright Union. On December 5, 1923, Hon. J. N. Tincher ieintroduced the bill pphioh was printed in my last year's rep& (192923, pp. 165-168), and on D e cember 6, 1923, Hon. Sd Bloom introduced tr bill ' w i h hc ia identical in text with that presented on D'eCBrnber 6, 1922, in the Senate as S. 4104; &o printed in last year's report on page 162. On December 6, 1923, Hon. Henry C ~ b oLodge intaw LdCs m, a t dwed a new bill for the enhance of the United S t a h "' into the International Copyright Union, which bill, printed in Appendix I, pages 202-204, was t h o intmduced in the House of Representativa on the same day by Hon. Fiorim Lampert.lo Both billa were referred to the respective Senate and House Committees on Patentg. I n addition to the above bills, which provide simply % and solely for entrance of the United States into the International Copyright Union with such minimum amendment of our copyright laws as would make such entrance possible, a bill for a general revision of the copyright laws of the United States, but including provision for member,,, ship in the Copyright Union, was introduced in the house fl WWW on M m h 24, 1924,11 by Hon. Frederick W. D a l l b g ~ r . ~ ' ' This bill in amended form was reintroduced by Mr.
@

aze

a%z:.

, .

1829 (Dee. S). A bfll to amend the cp olaw ln or& topermlt tbe Unhd 8 . to enter the International Copyright U l n Introduced by Mr. TLncbsr. H B. 678, no. 88th Cong.. 1st m u . Printed, 6 pp. 4O. Re4errsd to theCommlttee on Patanb. 1923 (Dem. 0). A bill to amend the eopyrlght law in adez to permit the Unbd Btatss toenter theInternationa1 Copyright Unlm. Introduced by Mr. Bloom. H. B. a883.68th Cong., 1st sece. Printed. 6 pp. 4'. ReIerred to tbe Commlttm on Psta!tm. 1829 (Dee. 6). A bill to emend the wpyrlght law In a a to peamlt the Udfd d States to enter the International Copyrim Union. Introduosd by Mr. tadm 8.W. BBth Cong., 1st sece. Printed. 4 pp. 4'. Ref& to the CornmltCee on Pstentm. M 19!U ( e . D e 6). A bill to amend the copyright law In o r b to permit the Uhlfd fibtea to e* the International Copyright Union. Introduosd by Mr. Lampat QJ n request). H. R. !2704,6Sth Cow., 1st MSS. Prlntsd. 4 pp. 4'. Rdared to the Danmittea on Patsub. 11 1824 (Mar. %). A bill to amend tbe act entltbd "An act to amend and w the acts m n g copyright, " approved Msrch 4 1RD. Jntrodumd by Mr. D m . H.B.8177,(lltbCmg.U11. P d ~ W . # p p . 4 ~ .EWmdtotbsCommit&@on Patents.

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194

Repod o the Librarian o Cbngmw f f

Dallinger on May 9, 1924." The text of this bill is printed in the appendix to this report, pages 204-236.
COPYRIGHT FOB DESIGNS
cop,

The question of copyright for designs has been under discussion for several yeam and was reported on in my annual reprta from 1913 to 1918. On February 25, 1924, a new design copyright bill was introduced in the Senate by Hon. Arthur Cappern and referred to the Committee on Patenta. This bill with slight verbal amendments waa introduced in the House of Representatives on March 4, 1924, by Hon. Albert H. Vestal," waa referred to the House Committee on Patents, and ia printed in Appendix I to this report, pages 237-248. This bill was referred to in the House copyright hearings on May 15, 1924, and two amendments were submitted: First, to provide that rulea and regulations under the act shall be made by the register of copyrights; second, to authorize Congrees to appropriate the required sum to put the act into effect.
.

.

BEVISED
~ e ~ er/r U ,8

STATUTE^

ba.

A bill for the codification of the laws of the United States (mentioned in my annual report for 1920-21, pp. 123-124) was reintroduced on December 5, 1923, by Hon. Edward C. Little in the Sixty-eighth Congress and passed the House on January 7, 1924. Under " Title 36 patents, trade-marks, and copyrights," is " Chapter 3. Copyrights," the latter subject including sections 6208 to 6266, pages 632 to 639. This bill was referred to the Senate select &mmittee on Revision of the Laws on January
1 1924 (May 8). A bffl to amend the act entltled "An act to amend and consolld.te ' the acts respecting copyright," approved March 4,198. Introduoed by Mr. D . H. E 8137, a h Cong, Ist w. Prlntsd. 62 pp. 4'. Refarred to the Comm1tt.m on . patsnu. U 1824 (Feb. 2. , legislativedayFeb. 9 ) A bffl providingforthe reghtratlonold5 1. Introduced by Mr. Cappa. B.IIIO1,BBth Cow, lut ~BD. Printed, 1 pp. 4.. M d 8 to the Commlttfa on Patenfa. 14 1821 (Mar. 4). A bill provldlng for the reglstratlon of d m. Introduced by Mr. Vestsl (by request). H. R. 7539, BBth Cong., 1st 8ear. Printed, 18 pp. 4'. R 6 r d tothc-on-

15," and was reporfed la adversely by Hen. Richard P. Ernst, of Kentucky, on June 3, 1924, who proposed a joint resolution to provide for the appointment of a commission to consolidate, codify, revise, etc., the laws of the United States in force December 2, 1923.
MOTION-PICTUBE CENBORSHIP COMMIB810N

Mention has been made in my reports for 1914 to uoaoctpc-rr eccuad(p o*1916 of bills which were introduced in the House anddh, Senate to provide for the establishment o an ofiial f national motion-picture censorship commission, and providing that copyright should be contingent upon the iYm receiving " the certificate and seal of this wi n" -o : The favorable report from the House Committee on Education on February 16, 1915, is quoted in my report for 1914-15, page 168. A later bill (see my report for 191516, p. 192) eliminated the copyright clause altogether. Majority and minority reports were submitted to the ~ o & e May, 1916 .(H. Rept. 697, pllrts 1 and 2, 84th in Cong., 1st sess.), but no further action was recorded. This year, however, on February 9, 1924, a b was ini d duced by Hon. William D. Upshaw, of Georgia, to provide for a Federal Motion-Picture Commission and it contains s t the end of "Sec. 5. Licenses" a paragraph reading as follows:
(4) Copyright.-Nine months a t r this act takes effect do copyfe right shall be granted to any motion-picture film unless i t shall be
11 18a( (Jan. I) S. An act to ocnwUdat8, codlly, revbe, and reenact the g e n a d and permanent laws of the Unlted Btates in force December 2,1023. . ( P d the Home d Representatives, Jan. 7,lW.l In the Bemat8 of the Unlted States, Jan. 1 1l . E.8. 1, a 1568th Cow., I e Printed, 1627 vll pp.' & . . 4 R a twlcn and r a f d b t h e m ed Committee on Revlslon d the L m Contains: Title m. Patents, trsd8myb. and a . copyrlghta. Chapter a. Copprkhts, @em.820BB%8, pp. OWW. u 18a( (June a). Codlacntlon of lam. 'Itlr. Emst, from the Select Commlon Revision of the Lam, submitted the followiqt report ( b tuxampmy 8. J. Rc6.1U). 8. Rept. NO. 722 68thCong.. 1st Prlnted, 71 pp. So. 17 1924 (June 8). Joint m l u t i o n providing for the appdntmsnt of a ~ ) m m b to h consolidate, codUy, revisa, and reenact the general and pamemnt l a m d the United Btates in t o m Decsmber 2. 1VB. I n the Benate d the United Stated. Mr. Emst, from the Meet Committee on the Revision of the Lam, reported the lolloriw Joint m l u t l o n ; which waa read twlcn and p l d on the Fdendeu. 8. J. Res. 141 (Report No. 722). 68th Cow.. Ist less. Printed, 2 pp. C. r@18a((Peb. 0). A bill to create a commldon b be k as the F & d MotionPicture Commission, and defining its powem and dntles. Intmduced by Mr. U w -. H. R. 8821,ESth Cow., Ut a 8 Printed, S4 pp. C. Rdtured b the Commltter on m. Bdllatbe

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accompanied by a valid license from the commission as herein provided.

No report on this bill has been made to date.

The text of the Canadian copyright act of June 4,1921, was printed in my annual report for 1920-21, pages 141168. On Juno 13,1923, an amendatory w t was approved by which the act of 1921 becamo effective on January 1, 1924. This amendatory act is reprinted as an appendix to this report, page 249. Under this act the Canadian minister of trade and commerce issued a certified notice on December 26, 1923, extending the act to the United ~ahmfmreStates, and a reciprocal proclamation was issued by the c a d President of the United Statea on December 27, 1923, extonding to Canadians copyright in the United States, including protection under section l(e) of the copyright act of 1909 regarding mechanical musical reproduction, both effective on January 1, 1924. The Canadian notice and the President's proclamation are printed a Appendix s 111 to this report, pages 250-252. The Canadian copyright acts, of 1921 and 1923, and the Copyright Rules and Fonns, 1924, have been printed by the copyright office as a separate pamphlet (Bulletin No. 20, iii+55 pp., 8'). ~ocb-re On June 26, 1924, a copyright proclamation under vnioa of S r aa section 1(e) of the act of 1909 w s issued by the President a ~fiia. in favor of the Union of South Africa. This proclamation becomes effective on July 1, 1924; the full text is is printed on pages 252-257 of this report, together with the corresponding proclamation by the Governor of South Africa, dated June 9. Respectfully submitted. THORVU SOLBEB~, Regiatm o Copy+&. f
Codjar

N "

c&Y

b.

HERBERT PUTNAM,
LibMeian o Congmw. f
2

EXHIBIT A.-Stafement of gross receipts, refunals, nd remiptu, a d fees applskd for fiecd year d n q June 30,192.4

1 m

September

November. . . . . . . . . . . . . ............. Deoemk . . . . . . . . . . . . . .............
11 01 ............ January. . . . . . . . . . . . . . February. . . . . . . . . . . . . . ..............

Octobsr............... 14S48.88 ...............

18,Wh 7 4

May. . . . . . . . . . . . . . . . . 14,60868 ................ Jlma........ . . . . . . . I > ....... I . . . . . . . .

M r h ................ a c ............... ............... A W . ................

14,086 70

~ o t a l t be accounted br o

CopyrightfeesappliedJuly 1, I , bJumm, 1924 = Balsnw d e d forwardto July I 19%: ,
dadadadadadadadadadadadada:

Trustfun& . . . . . .... Unbished buslneas. . . . . . . . . . . . . . . . . . . . ...................
1~1'-24t-14

-- -.- - - - - - - - - -- -- - - ....... ....... ............ ............

brbrbrbrbrbrbrbrbrbrbrbrbr

i , 81 na

l 61C 00 a
16,M97 I , a6+ M

I ,a si na

198

-

Report o the Librahn cfCoyme8 f
.

.

AmI-

-..-..-.--.

ootoba- .

.---.

Novemb. a . .

F-.-a---

Msmh----

--.-

EXHIBIT C.-Statemend

of prom m h reedpb, ymdy fccs, nu*' repiutratwns, &., for e7 fiscal ymr8

of

1en-48

1890-lwo

........ ........ 1901-2 .......... .........

~eocrlm~-..--.-.._------ w,ma
6@,4-J6..08
.

am.m
7

...... .....
m,lu~...---.-..-'

1ooa-a ..-..-.-_-..-.----;a m m 74saao1
1 i

---------..-------1 82,610.W ---------13 01 7 .......... 87.a~4.81 ......... ...... ..... 119.7427 ..... IOU74.......... ......... BS,04!208. ..... 4,W ..... 1 .......... e7,oe6aa qelars, 1 s q i 8 1 .......... we:..... lW0-10 .......... 113,667.W' ......... 104,sclOa ..... 11,061 lrn,Qni ..... 113,661.63. 100,01bW 116,198 1910-11 ......... ......... 6,124. ..... ..... 1011-12 1 1 . 6 ' I m11 6,738, --.------11 lola-13 .-..-.-----.------ 4 , m m ' lle,wnrla 1 1 1,oa. lsqnla za . 1% w ~on-14 ........ ......... . .... . a,w2....
eqsr(lsa.

,na.m

m,m9

a1 98

m < .... . .... .
&ml.---------6,161

%447

l08.W.

78,osam. 80,lORW. y866.m. 82,887.M

14~14. 1 % ~ : 117,101: 4,880, 1%41s

1 1 1 1014-1s .--.----.-.,_-----. l , o p 7 6 7m . 1 1 5 . ~ 6 6 : ll 1 1 I . im,oeaea n4 ~lqoar lolen 113,ceoaal. ~lo,m?.ro 1 1 4 , m 1 ~ ~ ~ 104 4 0 1917-18 108, 1 a a a 4,710 I I ~11e m , n3.m leu-10 117, a l a o a . 4 ma ~qa 1% sea aa ~siem I q n L s7 I~,MO. 141,198.83 184,616 16 8,7l81020-21 135,180, 1 a . 1sa81a la.. IS, wa I a , ~ I 1 q m m 1qm.m' 1 % ~ . 10,818 1 167,XS.W 16%W' 1 . l@,blLOO 18,746
,

.......---....... .-..-..----------......... ......... .....-.....----......... ......... . . .-.----..-.-------

.... .... .-..--..-. ma

.--------..... ..... ..... ..... ..... .....

-------.--

T d-,.---.---.2804(LW87

---------a,m8(Lro 3 . a I 4 , ~.-------- ---------2

Nor&-Detailed statemenb lor l 8 ye8ra, 188143, ek., b 1014-16, by months, may be found In Annual Report of Rpgbter of Copyrlghta lor year 1914-16 (pp. 177178, Repcr( d tbe LlbrvLn d G o br 1014-lQ. Par subssprbent yeam m ths
rrspdl=.nndnpor(r

EXHIBIT D.-Table of regi8tralions made during
to 1OI3-B.& inclwiu, a-d
1018-10 i 0 i e a o

cul yeue
1

1018-19

by &nee
1~10-m' imi-za

IDPZI

iww.4

C1m A. Book# (Inclndhg pamphl&, leatbh, m d w n t r l b u t l m to periodic%&) : (a) Printed in tbe Vnlted

~aa tt

-----..-....--n,no 84616
866
018

89,864 SZM 247

66x1 &OM

S E , ~

(b) Printed abroad in a forelgn1an~--.. (c) EIIBllah b m h Wtered f a ad Interim wp*tt

289

4886
641 55.561 81.104
270

$3 33
047 61,m

-------.-10 (

441

m
46.807

Total Class B Pdodlcab ( n m .

41 87,710 89,OUO ..,---.------.----- , N

bsn)------.---.--.--.-.-.-- 4 u 2 , !a,w W 7 6m
116 ll6 1QB

9471

m,m
881

Class C. Lectum, .ermon* a d Class D. D-Uo a dm matlc+mualml wmpcdtlom Class E. MusloPl compcdUens

811

------.---------------s o so a s oa a.217.

a,ue
1,9110'
%OM

a,m
34,000
2,042

8.m
qi34 2,W

--.-----.--.-.-------.19,161 8 1 , W 2, 8----..--,---.-1,647 4762

ClassP.Msp. l,pl 1.Class O. Worhofart; modrb 1,901 4116 d Class H. Reproductloam o f 7 11 wabofart Class I. Drawl- or plmtb w o r b of a sdentidc a teah914 n l d ~ 6R ClassJ.Photographr ----.---- 6,W' 4,W Clsss K. Print# and pictald illustratloua-- ....---------- W 0,097 10, Class L. Motion-picture p b toplaya..-.......--.-------1,m 24ts Class M. Motion piotnrw not W z m photoplaya Renewda 1,m 4112,

-

-

$700
0

2,873
4

--..--..---..-..

7
780' 7,048 9,882 1,m

1
800

-.---..-..-..-

6,648
0,180 1,m
11)0

1,264 6,876 10,100 1.146 lsa

1,W 7,OP

11.1R) 1,181

.-....-....-.-------.

---......--------

880

rn
8,488

%pe
188,290

2,726

2,669

Total

118,009 126,602 -.--.-...---..-----

188,633: 148,946

1 For detalled statement of reglstratiob made for flsoal years from 1901-2 to 1814-16 see Annual R e p a t of Register of Copyright# f a 1914-16, pp. 1&182. For wbsepwnt

ycanaaumnrprdlm~ul~.

EXHIBIT E.-Table of articZe8 dew& during 19me1, 19el4e, 19N!-t?S, and 19&344, with bbls .of artidea deposited j t m r r o 1807-98 10 1 0 e H 4
1-11 1. Boob: (a) Printed in the United I : Volucl...-.---ml....-.--Pnmphleta, ledeta, eta Contributions to newapepem and pdodIQb

iw1-a

1

:

1-24,

eteeteeteete

19,aOa. q 0 7 4 ' !iO,eSl. a 1 9 0 8.5.41,414 (9,81. 66,190. 18,868 18,627

.-.--8 . 1 1 1
maw

T o w ....-.-.---....---- , 7 w 4662 8 (b) Printed abroad In a foredm l a w w e .---.-...----------- 981' 4 6 4 6 ' 4901 English worts re&texd f a , ad Incopmlght s(7 872 841.

..-.-..-.. .---...-.. a0 . . . . 80 . . . . w,MO ..-------.4,876

......----

...-----

970

---------8 1 )

Tow 70,860 81,827: O4.616 m l .Q C , 1.4Bl.sPn 2. perlodleds m , l ( ~ . 70,006 n.989: 7 8 , 7 ~ 0 :1 , a n m a. ~ectures, S~IIIIOIW, b t ...---..---.-~ 198. mi . m am s,n1 4. Dramatloor dnrmatico-rnusldcampasitlorn 8.M' 8.678 4.074:. 8.m 8S,118 6. Musical cornpodtiom .------------4 7 . m 41,916' 783 8 7 . W 1,170,866 & M a p.....----.-...----------------. 4 , 8.m 8.718 4,124 O4.W 7.Worksofart;rncdelsord~ --.-4'191 498 '2,702- 2,876' n , W 8. Reproductions of works d art-.----' 14. I 0' a 4 0 (a Chrornon andlithographr l . 0 0. %W 9. Drarings or plastic works ofandentiflcor technical character-.-.-.., 1,174. 1, WD('$ m. 4 147. 14,687 law ' i ~ 18.46s' i 4 , m . ' ms 8o 1 0 , ~ h...--...-.------------m o ~ ~ 11. Printa and pictorial iUustrationa--- 14,620 14, a31 18,827 17, tU9 46 6, 12. Motlon-picture photoplrry# f& M 8,801 I 7 , f& 1 S3.M 13. Motion pictures not photoplay#--. 6fb' SlU, 248 4,719 14. Miswllanmus (unclmi8e.d artidm) 111) 16: Foreign boob received u n d u wit olMar.3,lCW , -..-..-.-. .....-... %6!d7
...-.desdesdesdesdesdesdesdes ..-.esdesdesdesdesdesdesdesd

--...----- .... ..-....-. ., -.

-------.

-

Total..

-..-.---- --..-..-; -....--., --.-.-.-. ...-..--..--..-.----..----.--..--.. . . - . . ... . - ..- . . - . . . . -.

Nm.-For detailed statement of artlolea deposited darlng fiscal yeam 189148 to F a 1914-16 8ee Annual Report of Regla- of Copmlghta f a 1914-16, pp. 1-186. subsequent yeam see the respective annual repod. The clmUIcatlon "Chromon and Iithcgrapha" h not given In the lnw dtes July 1,

lea.

-

ADDENDUM I
f bCoq, l rr. 0.74. W d

In the Beusto of the Unlted B W I . . h m t m 6,101)

Mr. Lodge introduced the following bill; which was read twice and referred to the Committee on Patents.
Inttrnationa1A BILL to m t Union. g i h

amend the copyright law in order to permit the United

Statea to enter the International Copyright Union

Be it enacted by the Senate and House of Represedudioes o the United Statas of America in Congrese meembled, f
That the President of the United States be, and he 18 hereby, authorized to effect and proclaim the adhesion of the United States to the convention creating an international union for the protection of literary and artistic works, known also as the International Copyright Union, signed a t Berne, Switzerland, September 9, 1886, and revised a t Berlin, Germany, November 13, 1908, and t o the "Additional protocol " to the said convention executed a t Berne, Switzerland, March 20, 1914. SEC. 2. That i t is hereby declared that the United States desires to be placed in the h t class of the countries which are members of the International Copyright Union, as provided in article 23 of the said convention of 1908. SEC.3. That the rights and remedies granted by the Act entitled "An Act to amend and consolidate the Acts respecting copyright," approved March 4, 1909, and the Acts amendatory thereof, shall be, and are hereby, extended to the authors of works of architecture, and choreographic works and pantomimes, as clam (n) and class (o), respectively, in the list of classes of copyright works in section 5 of the said Act; but the copyright of a work of architecture shall cover only its artistic character and design and shall not extend to processes or methods of construction; nor shall it prevent the making or publishing of photographs, paintings, or other illustrations thereof, and the proprietor of the copyright shall not be entitled to obtain an injunction restraining the construction of an infringing building or an order for its demolition.
203

SEC.4. That on and after the date of the President's proclamation, as provided in section 1 of this Act, foreign authors not domiciled in the United States who am citizens or subjects of any country (other than the United States) which is a member of the International Copy-. right Union, or a u t h m whose works are first published in and enjoy copyright protection in any country which is a member of the said union, shall have within the United States the same righte and remedies in regard to their works which citizens of the United States posess under the copyright laws of the United States and for the period of copyright prescribed by said lam, including any term of copyright renewal: P o i e ,howeuer, That rvdd no right or remedy given p m u a n t to this Act shall prejudice lawful acts done or r i g h i in copies lawfully made or the continuance of enterprima lawfully undertaken within the United States prior to the date ofsaid proclamation. SEO. That in the case of works by such a u t h m Gret 5. produced or published after the date of the said prodtion the copyright protection in the United States s h d begin upon such date of h t production or publication; and in the case of all of their works; not previously copyrighted in the United States, in which copyright is subsisting in any country of the Copyright Union at the date of said proclamation, the copyright protection in the United States shall begin upon such date; but the duration and termigation of the copyright protection in the United States for all works shall be governed by the provisions of sections 23 and 24 of the said Copyright Act of 1909: Provided, burner, That the duration of copyright in the United States shall not in the case of any foreign work extend bayond the data at whichsuch work has fallen into the public domain in the country of origin. . SEC. That the enjoyment and the exercise by such 6. authors of the rights and remedies accorded by the copyright laws of the United States and the provisions of this Act shall not be subject t o the prformance of any formalities in order to secure copyright, and such authors shad not be required to comply with the provisions of the

204

R e p i o tAs L h t i a n o Cqmme f f

copyright laws of the United States as to publication with notice of copyright, deposit of copies, registration of copyright, or manufacture within tbe limifs of the United States. SEC.7. That the provisions of section 31 of the said Act of 1909 shall not apply to a b o d by any author described in section 4 of this Act unless, under an assignment recorded in the Copyright Offim a t Washington of the copyright for the United States in such book, an American edition thereof shall have been produced which complies with the requirements of the said Act as to manufacture, publication, deposit of copies, and registration. SEO. That the Supreme Court of the United States 8. shall prescribe such additional or modified rules and mgulations a s may be, necessary for practice and procedure in any action, suit, or proceeding instituted for infringement of copyright under the provisions of this Act.

-

(Mtb C-.,

ut rar. H. R. 9137. In the H o w of Repreeeo*Iti~es. M a y O l 4 ,m)

Mr. Dallinger introduced the following biii; which was roferred to the Committee on Patents and ordered to be printed. acncrolr~~on A BILL to amend the Act entitled "An Act to amend and conof U s ooprrfou solidate the Acts respecting copyright," approved March 4,1909 . . &ma. Be it enaded by the Senate and House of Representatiw of the United Skctea of Americcl in Congress assembM, m a t the Act entitled "An Act to amend and consolidate the Acts respecting copyright," approved March 4, 1909, is amended to read as follows: ''That any person entitled thereto s b d have tbe exclusive right : "(a) To publish, print, reprint, copy, produce, reproduce, transmit, and vend or otherwise dispose of tbe copyrighted work in any medium or form or in any' manner whatsoever. "(b) To translate the copyrighted work into other languages or dialects and to reproduce, perform, or publish such translation or to make any other version of such wo*.

" (c) To dramatize such work i it be a nondramatic f work or to convert said work if it be a motion pictura into a nondramafic o dramatic work. r " (d) To convert said work into a novd or other nondramatic work, if it be a dramatic w r . ok "{e) To arrange, transpose, or adapt if, if it be a musical work, and to add or omit words to or from such a work. " (0 To execute, complete, and reproduce it, if it he e model or design for a work of art or any other work subject b copyright. " (g) To deliver or authorize the delivery of the copyrighted work in public for profit, if it ,bea lecture, sermon, address, or similar production. " (h) To perform or represent the copyrighted work publicly in whole or in part if it be E dramatic work, or, if it be a dramatic work, and not reproduced in copies for sale or public distribution, to vend or othei-wim dispose of any manuscripf or any record whatsoever thereof; to make or to procure the making of any transcription o r record or other contrivanoe thereof, whereby i t may in any manner or by m y method or means be exhibited, performed, represented, produced or reproduced, and to exhibit, perform, represent, produce or reproduce it in any manner or by any method whatsoever. "(i) TO perform the copyrighfed work publicly for profit if it be a musical composition and for the purpoee of public performance for profit; and for the purposes set forth in subsection (a) hereof, to make any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced: Provided, That the provisions of this Act, so far as they s e c h copyright controlling t h e parts of instruments serviag t reproduce mechanically o the musical work, shall include only compositions pub-' lished and copyrighted on and after July 1, 1909, and sW not include the works of a foreign author or composer f unless the foreign stah'or nation o which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law, t o c i t i z e ~ ~the of United States similar rights: Provided f* u, That a a s

206

Re@ o the L h t i o n o f f 0

consideration of extending the copyright control to such mechanical reproductions, whenever the owner of a musical copyright has used or permitted or knowingly acquiesced in the use of the copyrighted work upon the parts of instruments serving to reproduce mechanicalljr the musical work, any other person may make similar use of the copyrighted work upon the payment to the copyright proprietor of a royalty of 2 cents on each such part manufactured, to be paid by the manufacturer thereof; and the copyright proprietor may require, and if so .the manufacturer shall furnish, a report under oath on the 20th day of each month on the number of parts of instruments manufactured during the previous month serving to reproduce mechanically said musical work, and royalties shall be due on the parts manufactured during any month upon the 20th of the next succeeding m0nt.h. The payment of the royalty provided for by this section s h d free the articles or devices for which such royalty has been paid from further contribution to the copyright except in .case of public performance for profit: And pr& -further, That it shall be the duty of the copyright owner, if he uses the musical composition himself for the manufacture of parts of instruments serving to reproduce mechanically the musical work, or licenses others to do so, to file notice thereof, accompanied by & recording fee, in the copyright office, and any failure to file such notice shall be a complete defense to any suit, action, or proceeding for any infringement of such copyright. "In case of the failure of such manufacturer to pay to the copyright proprietor within thirty days after demand in writing the full sum of royalties due at said rate at the date of such demand the court may award taxable costs to the plaint8 and a reasonable counsel fee, and the court may, in its discretion, enter judgment therein for any sum in addition over the amount found to be due as royalty in accordance with the terms of this Act, not exceeding three times such amount. "The production or rendition of a musical composition by or upon coin-operated machines shall not be deemed a public performance for profit unless a fee is

charged for admission to the place where such reproduction or rendition occurs. "SEC. This Act shall apply both to published and 2. unpublished works. No penson shall be entitled to copyright or any similar right in any work, subject to copyright hereunder, in the United States or its dependencies, otherwise than under or in accordance with the provisions of this Act, but nothing in this Act contained shall be construed as abrogating any right or jurisdiction to bring an action for a breach of trust or coddence or unfair competition. "SEC. 3. For the purpose of this Act, publication in relation to any work means the issue of copies of the work to the public, and does not include the performance or exhibition in public of a dramatic or musical work, the delivery in public of a lecture, the exhibition in public of an artistic work, or the construction of an architectural work of art; and the issue of photograph or engraviogs of works of sculpture and architecture shall not be deemed to be a publication of such work of sculpture or dtecture. "SEC. For the purposes of this Act (other than those 4. relating fo infringement) a work shall not be deemed to be published or performed in public, and a lecture shall not be deemed to be delivered in public, if published or performed in public, or delivered in public, without the written consent or raacation of the author, his executors, administrators, or assigns. "SEC. 5. That the works for which copyright may be secured'under this Act shall include all the writings of an author, in every material medium, method, or form whatsoever. "SEC.6. The copyright granted hereunder is distinct from the property in the material object copyrighted, and the sale or conveyance by gift or otherwise of the material object shall not of itself constitute a transfer of the copyright, nor shall the assignment of the copyright in itself constitute a h n s f e r of title 40 the material object. "SEC. That the copyright provided by this Act shall 7. protect all the copyrightable component parts of the work copyrighted, and all matter therein in which copy-

208

Report o the L h k n o Conpea f f

right is already subsisting. The copyrighf in collective works shall give to the proprietor thereof copyrigh-t in the complete work as a whole, and, subject to the foregoing, as to each copyrightable part thereof, the author shall be the proprietor o the copyright in such part, in the f absence of contract to the contrary. "SEO. 8. That compilations or abridgments, ad* tions, arrangements, dramatizations, translations, motion pictures, or other vemions of works in the public domain, or of copyrighted works, when produced with the consent of the proprietor of the copyright in such works, or works republished with new matter, shall be regarded as n w e works subject to copyright under the provisions of t i hs Act; but the publications of any such new works shall be subject to the provisions of section 7, and not affect the force or validity of any subsisting copyright upon the matter employed or any part thereof, or be construed to imply an exclusive right to such use of the original works, or to secure or extend copyright in such original works. SEC. 9. That no copyright shall subsist in the original text of any work which is in the public domain, or in any work which was published in thii country or any foreign country prior to the going into effect of this Act, which has not been already copyrighted in the United Stat-, save as provided in section 12, or in any publication of the United States Government, or any reprint, in whole or in part, thereof: Prowided, howewer, That the publication or republication by the Government, either separately or in a public document, of any material in which copyright is subsisting shall not be taken to cause any abridgment or annulment of the copyright or to authorize any uee or appropriation of such copyright material without the consent of the copyright proprietor. "SEC. 10. That the author or proprietor of any work made the subject of copyright by this Act, or his executors, administrators, or assigns, shall have copyright for such work under the conditions and for the term specified in this Act: Prowided, h e r , That the copyright secured by this Act shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation only:

" (a) When an alien author or proprietor reside within the United States a t the time of tbe first publication of bis work therein; or "6) e n the foreign state or nation of which such m author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of tbe Unitedstates the benefit of copyright on substantidy the same basis as -to its own citizens, OF copyright protection subsbantidy equal to tbe protection secured fo such foreign author under tbis A d or by treaty; or when such foreign state or nation is a party to an international agreement which provides for rei5procity in the granting of copyright, by the terms of wbich w e n t the United States may, a t its pleasure, become a party thereto or t o wbicb i t becomes a parhy. " The existence or cessation ~f the reciprocal conditions aforesaid shall be determined by the President, of the United States, by proclamation made from time to time, as the purposas of this Act may require. "SEC. 11. Tbat the President of the United Sfrrfes be, and be is bereby, authorized to effeot and prodaim tdw adhesion of the United S a f e s to the convention creating an international union for the protection of literary and artistic works, known also as the Internationd Copyright Union signed at Berne, Switzerland, September 9, 1886, and revised a t Berlin, Germany, Novemlser 18, 1908, and to the 'additional protocol' 40 the said convention executed a t Berne, Switzerland, Marcb 20, 1914, as a member of t h e l h t class of the countries which are members of the said International Copyright Union. "SEC. 12. That on and after said adhesion fo said union, in tibe case of works of foreign authors nof residents of the United States ao are citizens or subjof m y country (other than the United S t a t e ) which is a member of the said International Copyright Union, or autbors whose works me &at published in and enjoy copyright protection in any country which is a member of ths said union, copyright protection in the United States shall begin upon the. date of &at production, if said work be unpublished, or of publication, in one of said unionist countries, if said woFk be published,

as the case may be; and in the case of all worka of said authors in which copyright is subsisting in their country of origin in the case of any country of said copyright union a t the date of said proclamation, the copyright protection in the United States shall begin upon the date of said proclamation: Prowided, however, That the duration of copyright in the United States shall not in the case of any work extend beyond the date a t which said work has fallen into the public domain in the country of origin: And providedfurther, That the duration and termination of copyright protection in the United States for all works shall be governed by the provisions of sections 22, 23, and 24 of this Act. " That subject to the foregoing, all said authors shall have within the United States the same righta and remedies in regard to their works, which citizens of the United States possess under the copyright laws of the United States: Provided, however, That where any person prior to the issuance of said proclamation has trtken any action whereby he has incurred any expenditure or liability in connection with the reproduction or performance, in whole or part, of any work of foreign origin, which a t the time was lawful, or for the purpose of o r with a view to the reproduction or performance of a work of foreign origin, in whole or part, a t a time when such reproduction or performance would but for the passing of thie Act have been lad$, nothing in this Act contained shall diminish or prejudice any rights, or interesta arising from or in connection with such action, or in connection with copies lawfully made or the continuance of enterprises lawfully undertaken within the United States pursuant to the foregoing, prior to the date of said proclamation. "SEC. 13. That the enjoyment and exercise by such foreign authors, not residents in the United States, of the righta and remedies afforded by tbis Act shall not be subject to the performance of any formalities in order to secure copyright, and such foreign a u t h r s shall not be required to publish with notice of copyclaims of copyright, or right, deposit copies, re&*