Two steps are made prerequisites to valid copyright by the laws now in
force in the United States. The first of these is the recording of the
title in the Copyright Office. For this purpose the statute requires the
deposit of "a _printed_ copy" of the title-page, "on or before the day
of publication in this or any foreign country." For a number of years it
has been the practice of the Copyright Office to accept a typewritten
title in lieu of the _printed_ title-page, but in this, as with all
other requirements of the law regarding copyright, the preferable course
is a strict compliance with the letter as well as the spirit of the law.
The clerical service for thus recording the title requires the payment
of a fee, which should accompany the title-page when transmitted to the
Copyright Office. The fee for this, as fixed by law, is 50 cents in the
case of the title of a book whose author is a citizen of the United
States, and $1 in the case of a book whose author is not an American but
is a citizen or subject of some country to whose citizens the privilege
of copyright in the United States has been extended, under the
provisions of the Act of March 3, 1891. If a copy of the record thus
made of the title (commonly called a certificate) is desired, an
additional fee of 50 cents is required in all cases.
In order to have this essential record of title properly made, in the
form exactly prescribed by the statute, it is necessary to furnish the
Copyright Office with certain information, namely:
_a._ The name of the claimant of the copyright. (This should be the real
name of the person, not a _nom de plume_ or pseudonym.) _b._ Whether
copyright is claimed by applicant as the "author" or the "proprietor" of
the book. _c._ The nationality or citizenship of the _author_ of the
book. (This is required to determine whether the book is by an author
who is privileged to copyright protection in this country, and, also,
the amount of the fee to be charged for recording the title.) _d._ The
application should state that the title-page is the title of a "book."
_e._ A statement should be made that the book is or will be "printed
from type set within the limits of the United States."
The second prerequisite to copyright protection is the deposit in the
Copyright Office of two copies of the book whose title-page has been
recorded. These copies must be printed from "type set within the limits
of the United States," and the deposit must be made "not later than the
day of publication thereof, in this or any foreign country." The
stipulation as to American typesetting applies to works by American
authors as well as to those written by foreign authors.
The statute provides, as regards both the printed title and the printed
copies, that the articles are to be delivered at the office of the
Librarian of Congress, or "deposited in the mail, within the United
States, addressed to the Librarian of Congress, at Washington, D. C."
Just what would be held to have been secured under the latter provision
in case the deposit in the mail were made and the book failed to reach
the Copyright Office has not been determined by judicial decision. The
law provides for the giving of a receipt by the postmaster in the case
of the title and the copies, if such receipt is requested.
The third step required for obtaining a defendable copyright is to print
upon the title-page or the page immediately following it in each copy of
the book the statutory notice of copyright. The form of this notice must
be either "Entered according to Act of Congress, in the year ----, by A.
B., in the office of the Librarian of Congress, at Washington;" or,
"Copyright, 19----, by A. B." The name printed in this notice must be
the real, legal name of the proprietor of the copyright, and must be the
same as that in which the entry of title has been made; the date, also,
must be the year date of the record of the filing of the title-page. A
judicial decision is on record to the effect that printing the year date
in this notice one year later than the date of actual recording of title
barred the defence of the copyright. A penalty of $100 is imposed on
"every person who shall insert or impress such notice, _or words of the
same purport_ in or upon any book ... whether subject to copyright or
otherwise, for which he has not obtained a copyright."
An American author may obtain for his book copyright protection in Great
Britain, by a compliance with the official instructions as to
publication, deposit of copies and registration. The protection, under
English law, dates from the day of _first_ publication, but such first
publication must be on English territory, and registration may follow,
but cannot precede publication. The term of protection in the United
States, on the contrary, dates from the day of registration of title in
our Copyright Office, which must precede publication, and be followed by
deposit of copies made "not later than the day of publication thereof in
this or any foreign country." The point to guard, therefore, is
_simultaneous publication_ in this country and in Great Britain.
Registration in England is a secondary matter. As stated in the official
circulars of instructions issued by the English Copyright Office,
"Copyright is created by the statute, and does not depend upon
registration, which is permissive only, and not compulsory, but no
proprietor of copyright in any book can take any proceedings in respect
of any infringement of his copyright unless he has, before commencing
his proceedings, registered his book."
Under existing legal conditions, in order to secure valid copyright on a
book in this country and in England, the following steps should be
taken, and in the order stated. 1. Record title in the United States
Copyright Office. 2. Print book from type set within the limits of the
United States. 3. Deposit two copies of such book in the United States
Copyright Office. 4. Send sufficient copies to London to
_a._ Place copies on sale and take such usual steps as are understood,
under English law, to constitute "publication" on a prearranged day,
on which same day the book is published in the United States.
_b._ Deposit copies: one copy of the best edition at the British
Museum, and four copies of the usual edition at Stationers' Hall for
distribution to the Bodleian Library at Oxford, the University
Library at Cambridge, the Faculty of Advocates Library at Edinburgh,
and the Trinity College Library at Dublin.
_c._ Register title of book and day of first publication at Stationers'
Hall, London.