Copyright: Its History and Its Law Part 55

If the work is anonymous or pseudonymous, it is not obligatory to state the name of the author.

t.i.tle of book_________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ____vol.____ Price, $____. Date of publication____________ [Must be [Date when placed on sale, sold, or publicly distributed.] exactly stated]

Send certificate of {_________________________________________________ registration to {_________________________________________________

NOTE.--This form is to be used only for BOOKS by CITIZENS or RESIDENTS of the United States. A separate application card must be used for each separate WORK. No registration can be made unless copies are accompanied with a properly filled out application card, statutory fee, and the required AFFIDAVIT.

--> Failure to deposit copies bars suit for infringement and, if deposit of copies is not made after "actual notice," involves a fine of $100, the payment of twice the value of the book, and the COPYRIGHT BECOMES VOID. (OVER)

5. U. S. TREASURY AND POST OFFICE REGULATIONS

(T. D. 31754.)

TREASURY DEPARTMENT, _July 17, 1911_.

_Collectors and other officers of the customs:_

The following sections of the copyright law, approved March 4, 1909, effective July 1, 1909, together with the regulations made in pursuance thereof, are published for the information and guidance of customs officers and others concerned:

[Here follow secs. 15, 30, 31, 32, 33, 18, as given in preceding pages.]

The register of copyrights is required by this act to print at periodic intervals a catalogue of the t.i.tles of articles deposited and registered for copyright, which printed catalogues, as they are issued, will be distributed to the collectors of customs of the United States and to the postmasters of all exchange offices of receipt of foreign mails.

REGULATIONS

Under the copyright act the following articles are prohibited importation:

1. Piratical copies of any work copyrighted in the United States. By the term "piratical" is meant the printing, reprinting, publis.h.i.+ng, copying, or reproducing without authority of the copyright proprietor of any article legally copyrighted and on which the copyright is still in force.

2. Articles bearing a false notice of copyright when there is no existing copyright thereon in the United States.

3. Authorized foreign reprints of books by an American author copyrighted in the United States.

4. Authorized copies of any book copyrighted in the United States not produced in accordance with the manufacturing provisions of section 15 of the copyright act, except such as are exempted in the said section 15 and section 31 of the act.

All books on which there is an existing copyright in the United States are prohibited importation unless produced in accordance with the manufacturing provision of section 15, whether copyrighted under this act or previous acts. (Opinion of the Attorney General, T. D. 30136, Nov. 24, 1909.)

Copyrighted books produced in accordance with the manufacturing provisions of section 16 of the copyright act, when exported and rebound abroad may be admitted to entry on their return to the United States.

(Opinion of the Attorney-General, T. D. 30414.)

As copyrighted books are required to be printed and bound in the United States, evidence should be required on entry that such books were exported in a bound condition and not as loose sheets, and that the printing and binding were both performed within the limits of the United States.

Imported articles found to bear a false notice of copyright will be detained and forfeiture proceedings inst.i.tuted as provided in Schedule 32.

If satisfactory evidence is not produced to the collector that such imported books were produced in accordance with the manufacturing provisions of section 15, or are exempt therefrom, the books will be seized and forfeiture proceedings inst.i.tuted as provided in section 32.

Forfeiture proceedings inst.i.tuted under the copyright act will be conducted in the same manner as in case of merchandise seized for violation of the customs laws, section 32, supra. (Arts. 1266 to 1269, Customs Regulations, 1908.)

Authorized editions of copyright books imported through the mails or otherwise in violation of the copyright act may, under customs supervision, be returned to the country of exportation whenever it is shown in a written application to the satisfaction of the Secretary of the Treasury that such importation was not due to willful negligence or fraud. (Sec. 32, _supra_.)

In any case in which a customs officer is in doubt as to whether an article is prohibited importation under the copyright act the articles should be detained and the facts reported to the department for instruction.

FRANKLIN MACVEAGH, _Secretary_.

JOINT REGULATIONS

Governing treatment of letters and packages received in the mails from foreign countries containing or supposed to contain articles prohibited importation by the copyright act of March 4, 1909.

The "Joint regulations governing the treatment of dutiable and supposed dutiable articles received in the mails from foreign countries" are also applicable in the treatment of articles which contain or which are supposed to contain matter prohibited importation by the copyright act, except as hereinafter modified;

_Unsealed_ correspondence and packages (registered and unregistered) of all kinds which upon examination prove to contain articles prohibited importation by the copyright act shall be retained by customs officers, who will notify the addressee of the facts of the case. If an application is not made within a reasonable time to the Secretary of the Treasury for permission to return such articles to the country of export, the customs officers shall take appropriate steps to forfeit the articles as provided in section 32 of the copyright act.

_Sealed_ articles supposed to contain matter prohibited importation by the copyright act must be appropriately marked to indicate that fact at the exchange office of receipt. The same conditions shall apply in regard to the marking, opening, and disposition of such sealed articles by the addressee or authorized agent as are required in the case of the opening and treatment of sealed "Supposed liable to customs duty"

pieces. If the customs officer finds an article contains matter prohibited importation by the copyright act, he shall notify the addressee of the facts through the postmaster at the office of delivery.

If an application is not then made within a reasonable time to the Secretary of the Treasury for permission to return the article to the country of export, the customs officer shall take appropriate steps to forfeit the matter as provided in section 32 of the copyright act.

Receipt should be taken for articles submitted to customs officials as prohibited importation under the copyright law and proper record made on the Post Office records of the disposition of such articles as are not returned to be disposed of through the mails.

Notice of actual or contemplated illegal importations through the mails should be given to the Secretary of the Treasury or the Postmaster General. On receipt of such notices either by the Secretary of the Treasury or the Postmaster General instructions will be promptly issued.

FRANKLIN MACVEAGH, _Secretary of the Treasury_.

FRANK H. HITCHc.o.c.k, _Postmaster General_.

II

BRITISH EMPIRE: COPYRIGHT PROVISIONS

6. BRITISH COPYRIGHT ACT, 1911

AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO COPYRIGHT [16th December 1911.]

(2 GEORGE V, CHAPTER 46)

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament a.s.sembled, and by the authority of the same, as follows:--

PART I.

IMPERIAL COPYRIGHT.