Library of Congress, Copyright Office. FIFTY-EIGHTH CONGRESS, THIRD SESSION. An Act to amend Section forty-nine hundred and fifty-two of the Revised Statutes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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: "SEC. 4952. The author, inventor, designer, or proprietor of any 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 of printing, reprinting, publishing, completing, copying, executing, finishing, and vending the same; and, in the case of a dramatic composition, of publicly 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 or translate any of their works for which copyright shall have been obtained under the laws of the United States. "Whenever the author or proprietor of a book in a foreign language, which shall be published in a foreign country before the day of publication in this country, or his executors, administrators, or assigns, shall deposit one complete copy of the same, including all maps and other illustrations, in the Library of Congress, Washington, District of Columbia, within thirty days. after the first publication of such book in a foreign country, and shall insert in such copy, and in all copies of such book sold or distributed in the United Senate bill, no. 2894. Senate bills, nos. 849 and 2229. H. R. bill, no. 6487. States, on the title page or the page immediately following, a notice of the reservation of copyright in the name of the proprietor, together with the true date of first publication of such book, in the following words: Published nineteen hundred and Privilege of copyright in the United States reserved under the Act approved March third, nineteen hundred and five, by ,' and shall within twelve months after the first publication of such book in a foreign country, file the title of such book and deposit two copies of it in the original language or, at his option, of a translation of it in the English language, printed from type set within the limits of the United States, or from plates made therefrom, containing a notice of copyright, as provided by the copyright laws now in force, he and they shall have during the term of twenty-eight years from the date of recording the title of the book or of the English translation of it, as provided for above, the sole liberty of printing, reprinting, publishing, vending, translating and dramatizing the said book: Provided, That this Act shall only apply to a citizen or subject of a 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 to its own citizens." Approved, March 3, 1905. SUMMARY. The act which became law on March 3, 1905, originated in a measure introduced during the 57th Congress, 1st session, on January 15, 1902, by Senator O. H. Platt, of Connecticut, and was printed as Senate bill no. 2894. It was referred to the Senate Committee on Patents, but no further action on it is recorded. (See Bulletin No. 8, p. 69, Bibliography, I. Bills, no. 201.) During the 58th Congress, 1st session, on November 16, 1903, Senator O. H. Platt presented a substitute measure for Senate bill no. 2894, considerably altered, as Senate bill no. 849 (see Bulletin No. 8, p. 69, Bibliography, I. Bills, no. 203), but to correct an error it was reintroduced by Senator O. H. Platt in the next session, on December 8, 1903, as Senate bill no. 2229. On January 8, 1904, bill no. 2229 was reported from the Senate Committee on Patents (Senate report, no. 188) without amendment. (See Bulletin No. 8, pp. 70 and 83, Bibliography, I. Bills, nos. 207 and 210; II. Reports, no. 41, and, for full text of bill and report, pp. 12-13.) On January 30, 1905, Senator O. H. Platt moved that in lieu of this bill H. R. bill no. 6487, introduced in the House on December 9, 1903, be taken up and considered, which was agreed to. As already stated, in the 58th Congress, 2d session, on December 9, 1903, Mr. F. D. Currier, of New Hampshire, introduced H. R. bill no. 6487, 3 to amend section forty-nine hundred and fifty-two of the Revised Statutes. HOUSE OF REPRESENTATIVES BILL NO. 13355. 13355 During the 58th Congress, 2d session, on March 2, 1904, Mr. James H. R. bill, no. A. Tawney, of Minnesota, introduced a bill (H. R. 13355) to amend the copyright laws, which was referred to the House Committee on Patents. (See Bulletin No. 8, p. 71, Bibliography, I. Bills, no. 215.) On April 26, 1904, it was reported by Mr. N. P. Otis, from the Committee on Patents, with amendments (House report, no. 2857) and was passed, and during the next session, on December 6, 1904, it was presented to the Senate and referred to the Committee on Patents. (See Bulletin No. 8, pp. 72, 83, Bibliography, I. Bills, nos. 217 and 218; II. Reports, no. 43, and, for full text of bill, pp. 22-24, and of report, pp. 24-26.) Subsequently (beyond the record contained in Bulletin No. 8) Senator T. C. Platt, of New York, presented a memorial of the American [Authors'] Copyright League, of New York City, remonstrating against the passage of H. R. bill no. 13355, which was referred to the Committee on Patents. On February 15, 1905, Senator A. B. Kittredge, from the Committee on Patents, Senate report, no. 3908. reported the bill with amendments and submitted the following report thereon, indicating the proposed changes in the text of the bill, which virtually restrict the provision as to an affidavit solely to books: Senate report, no. 3908, 58th Congress, 3d session. To amend the copyright laws. (February 15, 1905.—Ordered to be printed.) Mr. Kittredge, from the Committee on Patents, submitted the following report, to accompany H. R. 13355: The Committee on Patents, to whom was referred the bill (H. R. 13355) to amend the copyright laws, recommend that said bill do pass with the following amendments: Strike out the words "photo, chromo, or lithograph" in line 15, page 3, of the printed bill. Strike out the words "or from negatives or drawings on stone made within the limits of the United States or from transfers made therefrom" in lines 24 and 25, page 3, and line 1, page 4, of the printed bill. Strike out the words "or negatives" in line 2, page 4, printed bill. At the end of section 1 (page 4, printed bill), insert the words "the affidavit herein required does not apply to periodicals." Strike out the words "violating any of the provisions of this act or" appearing in lines 4 and 5, section 2, page 4, of the printed bill. In line 6, page 4, of the printed bill, strike out the word "thereof" and insert the words "of this Act." This bill is a reenactment of section 4956 of the Revised Statutes to the words "And provided further,” in line 13, page 3, of the printed bill. The remainder of the bill requires that an affidavit accompany the two copies of the book mentioned in said section, stating that such book has been printed from type set within the limits of the United States or from plates made therefrom. The second section of the bill declares that the making of a false affidavit is a misdemeanor and punishes the offender by a fine, and his rights and privileges under the copyright are forfeited. It has seemed best to the committee to limit the proposed addition to existing law to books, except periodicals. The reason for the amendment to existing law is that, in the judgment of your committee, it is not only possible but in some instances it has been made clear that the present law has been evaded and violated, to the injury of American labor. Under existing law this can be done, and there is no remedy or practical way of enforcing the condition requiring that the type be set within the United States or from plates made therefrom. On March 3, 1905, the bill H. R. 13355 was called as next in order, but was voted to go over. ADDENDA TO COPYRIGHT OFFICE BULLETIN NO. 8, bringing it up to the end of the 58th Con gress, March 3, 1905. (30, iii, 1905-3,500.) INDEX [The abbreviations H. R. and S. in this index indicate House of Representatives Acheson (Ernest F.), of Pennsylvania, 57th Cong.. Page 364 Acts. (See Laws.) Adair County, Iowa, citizens of. @Petition, H. R., May 17,1888. 263 55, 80, 256, 272, 275, 280, 281, 295, 320 114, 117 "An alphabetical compendium of the various sects," copy- 114 Adams (John Quincy), of Massachusetts, 28th Cong. 163, 166 Adams (Robert, jr.), of Pennsylvania, 57th Cong.. 355, 365 Addresses. (See Petitions and memorials.) Adelbert College, faculty of. Petitions, S., Feb. 2; H. R., Feb. 246, 251 260 Affidavit of American manufacture, bill to require, in case of Memorial, S., Jan. 8, 1891 78 298 300 Petition, S., Feb. 7, 1891 . American manufacture, bill to require affidavit of, in case of 169 American publishers. Memorials, S., Dec. 15; H. R., Dec. 16, 101, 163, 166 Amity College, faculty of. Petitions, S., Feb. 14; H. R., Feb. a In all cases where reference is made to any petition, memorial, etc., for full (389) |