COPYRIGHTING

By Frederick H. Hitchcock.

Copyrighting a book is in most instances not a difficult matter, but

the present United States laws are so complicated and inconsistent

that an inexperienced author may readily fall into errors of one kind

or another.

In a modern publishing house, the routine work of complying with the

provisions of the copyright laws is usually in the hands of one clerk,

who is responsible for the preparation and filing of the necessary

documents at the proper time and for keeping a complete record of all

that he does. Experience soon brings such a clerk a really valuable

knowledge of the law, but as many questions of vital importance arise

from time to time, it is customary for one of the most responsible men

in the concern, generally a member of the firm or an officer in the

corporation, to exercise a general supervision of all copyright

matters.

When a book is ready to be sent to the bindery, the manufacturing

department will generally order a certain number of copies to be

finished in advance of the rest of the edition. Some of these will be

for the travelling salesman's use, some for the publicity department,

and at least two for copyright purposes. With the copies delivered to

the copyright clerk, the manufacturing department will send one or two

separate title-pages, either torn from the printed sheets or taken

from the early proofs made by the printer. With these in hand and with

information from the selling department as to the day when the book is

to be published, the clerk in charge will then take the first step

toward copyrighting it. This is the filing of the claim for copyright

and of the title of the book.

The Copyright Office in the Library of Congress at Washington supplies

free upon request application blanks, and one of these must be

carefully filled in. The information called for by this blank is as

follows: the amount of the fees enclosed, whether a sealed copy of the

record, or certificate as it is called, is desired, whether the volume

is to be classed as a book, periodical, or dramatic composition, an

abbreviated title of the book, the name of the author, or proprietor,

the name and address of the applicant, the name of the country where

the book was printed, whether the applicant is the author, or (having

an assignment from the author) the proprietor, the name of the country

of which the author is a citizen, or subject, and whether the whole or

a part of the book is sought to be copyrighted.

There is a blank page in the form where the print or proof of the

title-page must be pasted. If neither of these is available at the

time, it is customary to use a typewritten title-page, but as the law

distinctly calls for a "printed" title and as the courts have not

decided whether typewriting is printing within the intention of the

law, it is best to follow the exact letter of the law.

The fee for filing the application or claim for copyright is fifty

cents if the author is a citizen or resident of the United States, or

one dollar if he is a foreigner. If a copy of the record entered at

the Copyright Office is desired, an additional fifty cents is

required. The fees, preferably in the form of a money-order, are

enclosed in the envelope containing the claim, and the whole

forwarded, postage prepaid, to the Register of Copyrights at the

Library of Congress.

Upon receiving these, the Copyright Office will acknowledge the

receipt of the fees and make a record of the claim and of the title in

books provided for the purpose. The law specifies that this record

shall be in the following words:--

"Library of Congress, to wit: Be it remembered that on the___day

of________190________________ of_________has deposited in this Office

the title of a BOOK, the title of which is in the following words, to

wit:____________, the right whereof_______ claims as author and

proprietor in conformity with the laws of the United States respecting

copyrights. ______________Librarian of Congress."

It is generally the custom to obtain a copy of this record, which, if

the fee is enclosed, is sent to the claimant as soon after the receipt

of the application as it can be made out in the regular course of the

business of the Copyright Office. This copy is signed by the Register

of Copyrights and is sealed with the official seal of the Library of

Congress. The period of protection under an original claim is

twenty-eight years.

It is important to remember that the application and the title are

required by law to be delivered to the Register of Copyrights "on or

before the day of publication in this or any other country." If

delayed until after that day, the book cannot have the protection of

the copyright law.

Prior to 1891 none but citizens or residents of the United States

could obtain copyright, but in July of that year the privilege was

extended to the citizens, or subjects, of such other countries as

grant to the citizens of the United States the same copyright

privileges which they afford to their own countrymen. At the present

time these privileged countries are Belgium, France, Great Britain and

her possessions, Switzerland, Germany, Italy, Denmark, Portugal,

Spain, Mexico, Chile, Costa Rica, the Netherlands (Holland) and her

possessions, Cuba, China, and Norway.

The law also requires that a book desired to be copyrighted in the

United States must be printed in this country. It is, therefore, not

possible to copyright a book which has been put into type and

electrotyped in England and sent here for the presswork and binding.

Copies of a book manufactured in this country may, however, be sent to

England and copyrighted there.

The second step is to send two copies of the printed book for deposit

in the Copyright Office, and until this has been done, the copyright

is incomplete. These copies, like the title, must be delivered on or

before the day of publication.

A printed receipt-form for books to be deposited is supplied by the

Copyright Office, and it is the usual practice for the sender to fill

in his address, and the names of the book and of the author, so that

when the books are received, the Register of Copyrights needs only to

date and sign the receipt-form and return it to the sender. This

receipt-form should be enclosed with the books when they are

forwarded. The package must be plainly addressed (the Copyright Office

furnishes printed labels if desired) and sent, carriage prepaid,

through the mail.

It not infrequently happens that publication must be made before the

two copies of a book can reach Washington. In such cases the copyright

clerk may take the books to the nearest post-office and obtain from

the postmaster a dated receipt for them which is equivalent to

delivery to the Copyright Office. The package is not finally wrapped

until the postmaster has examined it.

When these steps have been properly taken, and the certificate, or

sealed copy, of the record and the receipt for the two copies have

been received, the copyright is secure so far as our laws can render

it. It should be borne in mind that the Copyright Office does not

grant a copyright in a manner similar to the granting of a patent

right by the patent office. Its function is simply to record in a

permanent place and in official form the claim made by the author, or

by the proprietor, of that right. When a book is "pirated" and the

offender sued, it must first be established by the records that the

provisions of the law have been complied with fully and correctly. In

this way a copyright is always subject to review by the courts.

Every copy of a book for which copyright has been claimed must have a

formal notice to that effect, printed on its "title-page or on the

page following." As prescribed by law, this notice must read either

"Entered according to the Act of Congress in the year 1906 by A. B. in

the Office of the Library of Congress," or simply, "Copyright, 1906,

by A. B." The omission of such a notice from the book would make it

impossible for its owner to prevent its being reprinted. There is a

penalty of $100 for using the notice of copyright in an uncopyrighted

book, and when the notice is used, there is a penalty of $25, if the

two copies as required by law are not deposited. This latter penalty

also applies in the case of failure to deposit one copy of a new

edition differing from the former one, if a notice of copyright is

used in the new edition.

In order to obtain a renewal of a copyright, the claim and the title

must be filed on a form provided for the purpose with the Register of

Copyrights "within six months before the expiration of the first

term," which would be sometime between twenty-seven and one-half and

twenty-eight years from the date of filing the original title. The

copyright period runs from the date of filing the original claim, and

not from the time of depositing the books, and great care should be

taken to ascertain the date of the registration of the original title,

and to compute the time so that the filing of the application for

renewal will surely fall within the specified six months. The renewal

period is fourteen years, and the fees are the same as in the case of

the original application, but a certificate, or copy of the record, of

the renewal claim must be taken and paid for by the claimant.

Only one copy of a book is required to be deposited to complete the

claim for a renewal term of copyright. This copy also must be

delivered within "six months before the expiration of the first term,"

and should be accompanied by a receipt as in the case of the original

deposit. In order to complete the claim, a copy of the certificate

must be published verbatim, within two months of the date of renewal

for four weeks in one or more newspapers printed in the United States.

In obtaining international copyright, publication on the same day here

and abroad is necessary, and this is sometimes a cause of considerable

inconvenience in actual practice. When a New York publisher wishes to

copyright in England a novel which he is about to publish, he must

prepare six special copies of the finished book, bind them in cloth,

print the copyright notice on the back of the title-page, and the name

and address of the London firm or the individual who is willing to act

as the English publisher of the book, and forward the copies to that

person. At the same time he will write to this agent, telling him of

the shipment and requesting him to enter the book for copyright and

publish it in England on or about such a date. He will, of course,

allow sufficient time for the books to reach London, and he will

carefully point out in his letter any American holidays which occur

near the probable date of publication. Upon receiving the books, the

London agent will cable the New York publisher the date on which he

will publish the book, taking care to allow an interval of a day or

two, because of a possible delay.

On the day agreed upon, the New York publisher proceeds to copyright

and publish his book in this country in the usual manner, while the

London agent does the same abroad, delivering to the British Museum

one copy of the book, and to Stationer's Hall, for use in certain

libraries, four copies. Both of them will on that day sell at least

one or two copies which will constitute a legal publication.

It is the custom with many publishers to establish the publication day

of all of their books, by displaying a few copies, or by actually

selling one or more copies to some one. In the case of a very popular

copyrighted book which it is desirable to have the retailers all over

the country begin to sell on the same day, it is deemed safer to make

this technical publication before any of the books are distributed

through the trade. A record of the first sales entered in a

publisher's sales-book in the course of business would effectually

prevent any one from claiming in after years a right to reprint a book

on the ground that the claim, title, and copies were not originally

filed until after the book had been put upon the market.

Under a recent amendment in our law, an author of a book in a foreign

language, who is a citizen of one of the foreign countries which

allows to our citizens the same copyright privileges as are allowed to

its own countrymen, is permitted to file in the Copyright Office

within thirty days after its publication in a foreign country a copy

of his book with a formal declaration that he is the author and that

he intends to translate it or to print it in its original language and

to apply for copyright in the United States. After doing this, he is

allowed one year in which to complete his proposed translation or to

print it in the original language and copyright it here.

Before this statute was passed, two or more persons could translate a

foreign book, and each could copyright his own translation. Every copy

of a book for which such protection is desired under this law must

bear a notice stating, "Published ---- Nineteen Hundred and ----.

Privilege of copyright in the United States reserved under the Act

approved March 3, 1905, by A. B."

Only the author or his assignee (_i.e._ the proprietor) may secure

copyright in a book. An author may transfer orally all or part of his

rights before publication, but after publication it is necessary for

him to make the assignment by some form of written instrument. In

order to make it a valid assignment, the original instrument must be

sent to be recorded in the office of the Librarian of Congress within

sixty days after its execution. The fee for recording an assignment is

one dollar. After the original document has been recorded, it is

signed and sealed and returned to the sender, who should preserve it

with the certificate.

It is a common practice to have in the contract between the author and

his publisher a clause assigning to the publisher all of the author's

rights for the "full term of copyright and for any and all renewals."

The agreement, of course, includes other provisions such as for the

payment of the usual royalties, accounting, etc. Having been made

before publication such an assignment does not need to be recorded in

the Copyright Office.

The history of copyright is an extremely interesting subject, but it

cannot be properly treated in the limits of this article. It may be

mentioned, however, that the first copyright law was enacted by

Parliament during Queen Anne's reign and is known as "8 Anne, c. 9."

This statute provided that an author should have complete control of

his literary productions during a first term of fourteen years after

publication, and a renewal term of the same length, and provided

penalties against piracy. A great many questions concerning this law

arose from time to time in trials before various courts, but perhaps

the chief one of interest was that of whether the limitation of the

period during which it granted protection had destroyed the author's

rights which had existed previously. For fifty years after the passage

of the law, the decisions were that the right of ownership existed for

all time as a right in common law unaffected by the statute, but in

1774 the highest English court held that while the rights of the

author before the publication of his book remained unaffected, after

publication he had no rights except during the period specified by the

statute. This decision is still believed by many authorities to have

been a wrong one, but it has been the basis for all subsequent

copyright law in this country as well as in England. Therefore in the

United States to-day, the right of ownership lies in the author until

his work is published, but upon publication he has no rights except

those given him by law, and these he can obtain only by a strict

compliance with the requirements of the law. Any one who is

sufficiently interested to read the first hundred pages of Drone's

"Treatise on the Law of Property in Intellectual Productions" will be

well repaid for the effort, and will obtain considerable light upon

how the "right of copying," or printing, a book developed, why its

duration is not unlimited, and why we must observe certain formalities

in order to protect our literary work by it.

The Building of a Book A Series of Practical Articles Written by Experts in the Various Departments of Book Making and Distributing · 第 36 / 45 题