Copyright: Its History and Its Law Part 43

For Germany the text of the general copyright law of June 19, 1901, of the law relating to figurative arts and photographs of January 9, 1907, and the amendatory law including mechanical music reproductions, May 22, 1910, should be consulted. Otto Lindemann's "Das Urheberrecht an Werken der Literatur und der Tonkunst" (Berlin, Guttentag, 1910, 3d ed., 16mo, 155 p.) is a brief compilation of and comment on these laws of 1901 and 1910. The most recent and authoritative general works are Prof. Josef Kohler's "Urheberrecht an Schriftwerken und Verlagsrecht" (Stuttgart, F.

Enke, 1907, 527 p.), though some of his statements of theory have given rise to criticism and dispute, and his "Kunstwerkrecht" (Stuttgart, Enke, 1908, 191 p.), Daude's "Die Reichsgesetze uber das Urheberrecht an Werken der Literatur und Tonkunst und das Verlagsrecht" (Berlin, Guttentag, 1910, 293 p.), and Dr. Albert Osterrieth's "Das Urheberrecht an Werken der bildenden Kunste und der Photographie" (Berlin, Heymann, 1907, 312 p.).

{Sidenote: Early German contributions}

In the early German literature of copyright should be noted the works of Putter, sometimes called the father of the modern theory of property in intellectual productions, who wrote as early as 1764, an edition of whose "Beytrage zum Teutschen Staats- u. Fursten-Rechte" was published in Gottingen in 1777; and the tractate of Immanuel Kant, "Von der Unrechtma.s.sigkeit des Buchernachdrucks," which may be found in his collected works.

{Sidenote: Italian works}

The most important Italian work of recent issue is that of Eduardo Piola-Caselli, "Del diritto di autore" (Naples, E. Marghieri, 1907, 875 p.), and earlier works of standard character are Enrico Rosmini's "Legislazione e jurisprudenza sui diritti d'autore" (Milan, M. Hoepli, 1890, 671 p.), and Pietro Esperson, "De' diritti di autore sulle opere dell'ingegno ne' rapporti intern.a.z.ionali" (Torino, Unione tipografico-editrice, 1899, 278 p.).

{Sidenote: Spanish compendium}

A useful compendium of Spanish copyright law of 1879 _et seq._, covering both the Peninsula and the _ultramar_ colonies, was published in Havana by La Propaganda Literaria, in 1890, as edited with an interesting comparison of Spanish law with that of Great Britain and America by D.

F. G. Garofalo y Morales.

{Sidenote: International compilations}

A most valuable compilation of the copyright laws and treaties of all countries, comprising a literal translation into German of about 250 acts, is "Gesetze uber das Urheberrecht in allen Landern," edited in a second edition by Prof. Ernest Rothlisberger (Leipzig, Hedeler, 1902, 418 p.), which was complemented by his summary of the domestic and international law of copyright in the different countries, "Der interne und der internationale Schutz des Urheberrechts," also in its second edition (Leipzig, Boersenverein der deutschen Buchhandler, 1904, 116 p.), comprising references or mentions covering fifty-seven countries and forty-nine colonies, especially the British colonies. With these should be mentioned "Recueil des conventions et traites concernant la propriete litteraire et artistique," published under the auspices of the Bureau of the International Copyright Union (Berne, Bureau de l'Union internationale, 1904, 8vo, 908 p.). These works are supplemented by the publication from month to month in the _Droit d'Auteur_ of Berne, of which Prof. Rothlisberger is the editor, of new conventions, treaties, laws and other material, bringing world-information up to date.

APPENDIXES

I

UNITED STATES OF AMERICA: COPYRIGHT PROVISIONS

1. UNITED STATES COPYRIGHT CODE OF 1909

AN ACT TO AMEND AND CONSOLIDATE THE ACTS RESPECTING COPYRIGHT

{Sidenote: Exclusive right to print, publish and vend}

_Be it enacted by the Senate and House of Representatives of the United States of America in Congress a.s.sembled_, That any person ent.i.tled thereto, upon complying with the provisions of this Act, shall have the exclusive right:

(a) To print, reprint, publish, copy, and vend the copyrighted work;

{Sidenote: To translate, dramatize arrange and adapt, etc.}

(b) To translate the copyrighted work into other languages or dialects, or make any other version thereof, if it be a literary work; to dramatize it if it be a non-dramatic work; to convert it into a novel or other non-dramatic work if it be a drama; to arrange or adapt it if it be a musical work; to complete, execute, and finish it if it be a model or design for a work of art;

{Sidenote: To deliver lectures, sermons, etc.}

(c) To deliver or authorize the delivery of the copyrighted work in public for profit if it be a lecture, sermon, address, or similar production;

{Sidenote: To represent dramatic works, or make record, or exhibit or perform, etc.}

(d) To perform or represent the copyrighted work publicly if it be a drama or, if it be a dramatic work and not reproduced in copies for sale, to vend any ma.n.u.script or any record whatsoever thereof; to make or to procure the making of any transcription or record thereof by or from which, in whole or in part, it may in any manner or by any method be exhibited, performed, represented, produced, or reproduced; and to exhibit, perform, represent, produce, or reproduce it in any manner or by any method whatsoever;

{Sidenote: To perform music and make arrangement, setting, or record}

{Sidenote: Act not retroactive.}

{Sidenote: Music by foreign author}

{Sidenote: Control of mechanical musical reproduction}

{Sidenote: Royalty for use of music on records, etc.}

{Sidenote: Notice of use of music on records}

{Sidenote: License to use music on records}

(e) To perform the copyrighted work publicly for profit if it be a musical composition and for the purpose 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 secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States similar rights: _And provided further, and as a condition of extending the copyright control to such mechanical reproductions_, That 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 mechanically 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 two 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 twentieth 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 twentieth of the next succeeding month. The payment of the royalty provided for by this section shall 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 provided 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 a 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.

{Sidenote: Failure to pay royalties}

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 plaintiff 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.

{Sidenote: Reproduction of music on coin-operated machines}

The reproduction 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.

{Sidenote: Right at common law or in equity}

SEC. 2. That nothing in this Act shall be construed to annul or limit the right of the author or proprietor of an unpublished work, at common law or in equity, to prevent the copying, publication, or use of such unpublished work without his consent, and to obtain damages therefor.

{Sidenote: Component parts of copyrightable work}

{Sidenote: Composite works or periodicals}

SEC. 3. That the copyright provided by this Act shall protect all the copyrightable component parts of the work copyrighted, and all matter therein in which copyright is already subsisting, but without extending the duration or scope of such copyright. The copyright upon composite works or periodicals shall give to the proprietor thereof all the rights in respect thereto which he would have if each part were individually copyrighted under this Act.

{Sidenote: Works protected}

SEC. 4. That the works for which copyright may be secured under this Act shall include all the writings of an author.

{Sidenote: Cla.s.sification of copyright works}

SEC. 5. That the application for registration shall specify to which of the following cla.s.ses the work in which copyright is claimed belongs:

(a) Books, including composite and cyclopaedic works, directories, gazetteers, and other compilations;

(b) Periodicals, including newspapers;