us copyright office: ar-1927

8/14/2019 US Copyright Office: ar-1927

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REPORT OF T HE REGISTER OF COPYRIGHTS FOR THEFISCAL 'YEAR 1926427-WASHINGTON,. C., July 6,1927.SIR: he copyright business and the work of the copy-

right office for the fiscal year July 1, 1926, to June 30,1927, inclusive, are summarized as follows :The gross receipts during the year were $191,375.16.. C'eU. rr a

A balance of $15,533.11, representing trust funds and un-finished business, was on hand July 1, 1926, making atotal sum of $206,908.27 to be accounted for. Of thisamount, the sum of $5,704.21, received by the copyrightoffice, was refunded as excess fees or as fees for articlesnot registrable, leaving a net balance of $201,204.06. Thebalance carried over to July 1,1927, was $16,476.46 (rep-resenting trust funds, $14,516.52, and total unfinishedbusiness since July 1,1897-30 years-$1,959.94), leavingfees applied during the fisc'al year 192G27 and paid intothe Treasury $1&4,727.60.

This is the largest year's business in the history of theoffice.The annual appIied fees since Ju ly 1,1897, are :


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206 Report of the Librat.ian of C'u~yrex~EXPENDITURES

Sainvicr. Tile nppro1)riation made by Congress for salaries intl ~c opgrigl~toffice for the fiscal yenr ending Jnne 30,19.7. was $165,640. The total espenditures for salaric-w:ls $iGd,552.1G, or $19?1'75.44 less than the net amount offrcs c1:11.netl and paicl illto t l ~e rcusu~syduring t l ~ e or-

Slalio~rc1.1) flnd ~s ~o l l c l i i l gear. The espendi t11res for supplies, incl!itl-s ~ r ~ ~ d r i c a . ing stat.ionery nntl other al*ticles nnd postage un foseigl~~llailmntter, etc., wtis $1,067.72, leaving a balance for the?car of $1 8.117.72 to the crcdit of tlie officc.

~ ' u r ~ ~ l + d b t ~ - I ) ~ i r i ~ ~ glle 30 fiscal years since the reorganization ofV< ;),/.7 # t J ~ * l t ' r . 8 . the copyrigllt ofice (from July 1, 1897, to Jiinc 30, nST)the copyriglrht fecs applied ancl paicl into the Treasurylmre amounted to $3,220,634.75, the articles de~ositcrln11111bcl.G,303,G39, and the totnl copgrigllt registrationsn~uul~er,682,308.

E+ccaa o.i feca T11c fees earned ($3,220,634.78) wem larger t11:ln t l ~ er n i . ~ , ar110,irs. ;ll~lwol)ri:~tionsor salaries ~ised uring the same periotl($?2,i21.995.40) by $408,G39.35.I U/IIC o j r~p!).

( ; ! I ; , / ,~ ,.!,c,s;I,- . In :rhtldition to this direct profit, the ltlrgc nu~nberofovtv sis nntl n.quarter mil lio~l ooks, maps, musical worlrs,1wriotlic:ils. ljrints, nnd otllcr art.iclcs deposited clnring the40 years \]-else of substantial pecuniary value and of suchIL cl~ilrncter llnt their accession to the L ibrary of Con-gress 1111-ongll he copyright office. effected a large savingto the purchasc fund of the Librtl1.y equal in amount tothrir price.

COI'YRI(:lIT ESTRIEY AN]) FEESI.:lrr~;c* a n d The registrations for the fiscal year numbered lS4,WO.1c 1r. Of these, lfR,RO:i were registrntions, at $1 ench, includinga certificate, and G,W0 were registrit tions of pllotogrrnplrhs

without certificates, at 50 cents each. Tlwrc \\-ere also4G8G registrations of renewals, at 50 cents cbacll. Thefees for these registrations ainolintecl to a total of$178,659.50,

COPYRIGHT DEPOSIT&d c - 'L'l~c totill number of scpuruto articles deposited in] ~ o s i t c d . conlplitince with the copyright law which have been

registel-ed cloring the fiscal year is 299,963. The number


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of these articles in each class for tllc? 1:tsl I ' I J I I I ' lisc*:il years,wit11 the grnnd total for the pears IS!,? lo I!)Y'i, is sllc~wnin Eshibit E.

It is not possible to determine exactly 11o\\.c *o~ ~ ~ l~ l~ * tc lg,,~;~v.;~imtlle \vorlcs which c1a:m copyrigllt arc tlcln~ailt.tl; ) I I I astitle carcls are printed a i d supplied 11po11 t*crclttost toother libraries for all books received Le:~rillg 1-1li1btlStates notice of copyright, the demand for siicll c.:lrdsfor ~vorks ot receil-ecl furnishes some intlicatio~tof pos-si!)le percentage of failure to cleposit.

In response to inqu: ies receivecl clniSing he year f t.o~ll,,,f5;,","u~8t8 1the carcl division, the accessions division, lam division, andtlie reading room in regard to 397 Looks supposed to haveLee11 col)yrightctl bt~tnot cliscoverecl in tlie Library? it~vasound that 87 of these works llacl been receivecl and\wise actually in the Library, 10 books llrtd been depositedant1 were still in the copyright office, 43 works were eithernot publishecl, clid not clainl copyright, or for other vali!lreasons col~lclnot be cleposited, while in the case of 75~vorlcs no answers to our letters of inquiry had beenreceived 1111 to June 30, 1927. Copies mere received of23.1 n-orlts in all in response to requests made by the copp-r:gllt office cluring the period of 12 months for workspublishecl in recent years.

The total copyright deposit,^ for the year included ,,,,;;;;CIP,U,U;;-21,580 printed \lolunles, 68,723 pamphlets and leaflets, ~ m .81,fEG newspapels ancl n~agazines (separate niimbers),5, ll 'i clran~as, 5,573 pieces of ~uusic, ,296 nleps, 14?379photographs, 21,171 prints, 9,705 motion pictures, 29,232contributions to periodicals, 4,930 works of a rt and draw-ings: and 298 lectures. These were all producecl in tlleCnitecl States. Of foreign boolcs in foreign languagestliere mere received during the year 3,777 separate works.Of English books depositecl for ad interim protectionthe number for this fiscal year has reached 1,366

h p o r o l of de-Our copyright l a m have required the deposit of copies ,,o,i,.for tlie use of the Library of Congress. Tlle act of 1909,which expressly provided for such deposit in order tosecure the registration of the work, still insisted upon adeposit. of two copies of American books for the benefitof the Library. But to check the useless accunlulation


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208 Report of th-e ~ibrarian f Collgreeeof such copies in the copyright office it is provided thatthe Librarian of Congress shall determine (1) what booksor other articles shall be transferred to the permanentcollections of the Library of Congress, including the lawlibrary; (2) what other books or articles shall be placedin the reserve collections of the Library of Congress forsale or exchange; or (3) be transferred to other Govern-ment libraries in the District of Columbia for use therein.The law further proviiles (4) that articles remainingundisposed of may upon specified conditions be returnedto the authors or copyright proprietors.

Tra~ lmed o During the fiscal year a total of 103,409 articles depos-Library. ited have been transferred to the Library of Congress.This number included 25,430 books, 61,730 periodicals,9.327 pieces of music, 4,917 maps, and 2,005 photographs-and engravings.

Out of the total number of articles deposited in thecopyright office during the period from July 1, 1909, toJune 30, 1927 (4,150,913), there have been transferredto the Library of Congress a total of 1,677,567 (books,maps, prints, periodicals, etc.) .

Tronrferr I o Under authority of section 59 of the act of March 4,olhrr l ibrar isa. 1909, there were transferred during the fiscal year to

other governmental libraries in the District of Columbia" for use therein " 7,533 books. Under this transfer, upto June 30, 1927, the following libraries have receivedbooks as indicated below :Department of Agriculture, 3,488;Department of Com-merce, 12,378; Navy Department, 1,825; Treasury De-partment, 1,496; Bureau of Education, 15,625; FederalTrade Commission, 10,432; Bureau of Standards, 2,094;Surgeon General's library, 5,440; Walter Reed Hospital,1,056; Engineer School, Corps of Engineers, 3,153;Soldiers' Home, 1,413; Public Library of the District ofColumbia, 40,293.A number of other libraries have received a smaller

number of books (under 1,000 volumes), including thePatent Office, 877; the Interstate Commerce Commission,689; Veterans' hospitals, 833. The grand total of bookstransferred to other libraries amounts to 111,405.


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Under the provisions of the act of March 4, 1909, au- p o ~ ; ~ ~ ofeoz:thority is granted also for the return to the claimants of rigm c h r m t 8 .such copyright deposits as are not needed by the Libraryof Congress or the copyright office. The notice requiredby section 60 has been printed for all classes of work de-posited and registered during the years July 1, 1909, toDecember 31,1926. In response to special requests, 9,209motion-picture films and 89,144 other deposits have beenreturned during the fiscal year to the copyright claimants.

Since the present copyright act went into effect (July T,O;Z;?1,1909) to the close of the last fiscal year (June 30,1927)the total copyright deposits forwarded from the copy-right office files number as follows: (1) To the Libraryof Congress, 1,677,567; (2) to other libraries, 111,405;(3) to copyright claimants, 778,000; making a grandtotal for the period of 2,566.972.

INDEX AND CATdLOaUE OF COPYRIGHT ENTRIEBThe copyright act of March 4, 1909, provides "that c o w n o r t c o t -abgue.the register of copyrights shall fully index all copyright

registrations and assignments," and it further providesthat he " shall print at periodic intervals a catalogue ofthe titles of articles deposited and registered for copy-right, together with suitable ind~xes * * *."

Strenuous efforts are made in the copyright office tocarry out fully these provisions of law and to keep theindex of copyright entries sharply up to date, in orderto promptly and accurately answer the daily inquiriesin relation to any copyright entry .actually made, re-ceived by mail or telegraph, or on personal application.Moreover, this catalogue constitutes the only completeand adequate current record published of the literary,musical, dramatic, and artistic productions of the UnitedSlates. It includes also a record of similar foreign pro-ductions, to the extent to which foreign books, music,dramas, and works of ar t are deposited and registeredin the copyright office.

For the calendar year 1926 all parts of the cataloguehave been printed and distributed, except the annualindex for part 1, group 2 (2,500 pages), containing thetitles for pamphlets, dramas, motion pictures, maps, and


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contributions to 'periodicals, which is in the hands of. the printer. '

The current numbers of the different parts of the cata-logue for the year 1927have been printed with gratifyingpromptness. Special efforts are made to prepare thebook titles as soon after receipt of the books as possible.and to prin t the lists every two or three days.

&hmmaryof ~0pMoh t ~ i ~ 8 8Balance on hand July I, 1926 ------------ ------- $15,533.11Gross receipts July 1, 1928, to June 30, 1927-------- 191,375.16

. -Total to be accounted for------------------- 208,908.27Re fu f i d ed - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5,704.21

Balance to be accounted for----------------- 201,201.00\ . =Applied as earned fees------------A;-- $184,727.,60Balance carried over to July

1, 1927: '. qTrust funds----------- $14,516.52Unfinished business July1, 1897? to June 30,1927 (30 years) ----- 1,959.94 16,476.46 m1,204.06

Total fees earned and paid into Treasury during 30years from July 1, 1897, to June 30, 1927--------- 3,220,634.75Total unfinished business for 30 years-----------,-1,959.94

Fee8 fo r@d eorFees for registrations, including certificates at $1each------------------------------------ 173.305.00

Fees for registration of photographs without certifl-cates, a t 50 cents each--:--: -------------------- 3,004.50

Fees for regis tration of renewals, a t 50 cents each-- 2 343.00Total fees for registrations recorded--------- 178,652.50Fees for certified copies of record, a t 50 -

cents each------,--------------,------ $3!57.60Fees for recording assignments----------- 4,602.00Searches made and charged for s t therate of 50 cents for each hour of time

consumad----------------------------- 283.00Notices of user recorded (niuaic)--------- 222.50Indetl ng trans fers of proprk?torship----A 110.10- 6, 075.10Total fees for the fiscal year 1926-27 -------- 184,727.60


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Register of Copyrights 21f-Bntrieb

&umber of registrations----------1 -------------- - . 179.314Number of renewals recorded--------------------- 4, (U6

Total-------------------------------------- 184,000Number of certified co~ ie fi f record--'------------- 1,715Number of assignments recorded or eorjie&--------- 3,089

- he greater part of the business of the copyright office Canea~onflenco.is done by correspondence; The total letters and parcelsreceived during the fiscal year numbered 905,537, whilethe letters, parcels, etc., dispatcked numbered 206,903.During the la$ 30 fiscal years the money orders receivednumbered 872,577.OOPYR'IOHT O F F I ~PUBL$ATXONS

. .The United Stak's copyright laws' in force and the Bulletins.'( Rules and regulations for 'the registrktio* of' claims tocopyright," Bulletins 14 ahd 15, respfi8


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212 Repod o f t k Librarian of i;'onqressFor the entries covered by the above applied fees, thereremained at the date stated nearly two thousand certifi-cates to be written, more than 3,000 articles to be cata-logued and indexed, and some 4,600 records to be com-pleted. During the last 10 fiscal years (1917-18 to1926-27) the copyright registrations have increased from106,728 to 184,000. But in these 10 years the workingforce has only been enlarged by the addition of 13 clerks.That is to say, while the work to be done has increasedin this 10-year period more than 71 per cent, the increasein the clerical force has been less than 15 per cent.Under such circumstances, notwithstanding stringentendeavor and considerable overtime work by the wholeforce, there inevitably remains a serious and increasingarrearage. It seems absolutely necessary to ask Congressfor an emergency appropriation immediately availableand large enough to cover an increase in the number ofCopyright Office clerks commensurate with this increasein the office work.

PROPOSED COPYRIGHT LEGISLATIONNilb ( 0 in The general copyright registration fee ($1 for registra-

r reuse copyr ightIrer. tion and certificate) has been in force since 1831, and hasnever been increased. Not only has there been a greatchange in the economic conditions in this country duringthis long period of time, but the services rendered by thecopyright office have been developed and rendered moreefficient so that the clients of the office are now receivinga much greater return for the fees paid. Our copyrightfees are inadequate and are smaller than similar feescharged in other copyright office-. g., in London or inOttawa. The Hon. Albert H. Vestal, chairman of theCommittee on Patents of the House, introduced on Jan-uary 21, 1927, a bill ' o increase the fees for the registra-tion of claims to copyright from $1 to $2. The HouseCommittee on Patents gave public hearings on this bill'1027 (Jan.21). A bill to amend secs. 57 an d 61 of the act entitled "An

act to amend and consolidate the acts respecting copyright," approvedMar. 4, 1909. lntroduced by Mr. Vestal. 8. R. 16548, 69th Cong., 2dsess. 3 pp. 4O . Referred to t he Commit tee on Patents.


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on January 27 and February 3, and the proposal was wellsupported. The committee reported the bill favorablyto the House on Februay 9,1927: with a statement giv-ing the reasons for making these increases. On February22 this identical bill was introduced in the Senate byHon. Jesse H. Metcalf; who, as chairman of the SenateCommittee on Patents, favorably reported it on February28.' The House bill, H. R. 16548, passed the House onMarch 3: but the crowded closing hours of the session inthe Senate prevented final action on the bill. The textsof the bill and the House and Senate reports are herereprinted, pages 222-228.On January 29,1927, Hon. Albert H. Vestal introduced , o ~ ~ ~ sa bill to amend sections 27,42, and 44 of the act of 1909,a.which provides that " all rights comprised in a copyrightare several, distinct, and severable," and that separateassignment or sale of any one or more of the author'srights comprised in his copyright may legally be made.A hearing was given on this bill by the House Committeeon Patents on February 10; on February 23,1927, the bill'1927 (Feb. 0). A bill to amend aecs. 57 an d 61 of the act entltled "Anact t o amend and consolidate the a ct s respecting copyright," approvedMar. 4, 1909. H. R. 16648 (Report No. 2027), 69th Cong., 26 seas. 8 pp.40. Reported with amendments an d committed to the Committee of theWhole House on the st at e of the Union.1927 (Feb. 0). Amend and consolidate the acts respectlng copyrlght.Yr. Vestal. from th e Committee on Paten ts, su bmitted th e following report(t o accompany H. R. 16548). H. Rept. NO. 2027, 69th Cong., 26 sess.3 pp. 80.'1927 (Feb. 22). A bill t o amend secs. 67 nd 61of the act entitled "Anact to amend and eo~lsolidat e the a cts reepectlng copyrlght," approvedMar. 4. 1909. Introduced by Mr. Metcalf. 9. 6793. 68th Cons., 2d sss8.3 pp. 4*. Referred to tho Committee on Patents.' 927 (Feb. 28) . .4 bill to amend secs. 67 nd 6102 the act entitled "Anact to amend and consolidate the act8 respecting copyright," approvedMar. 4, 1909. S. 5795 (Report No. 166O), 69th Cong., 2d sew. 3. DP. 44Reported by Mr. Metcnlf, with a n amendment.1927 (Feb. 28). Amending the copyright lawn. Mr. Metcalf, from theCommittee on Patent s, submitted th e iollowlng report ( to accompaey 8.5793). 9. Rept. No. 1660. 69th Cong., 26 sess. 1 p. 8".' 927 (Mar. 3). An act to amend sea. 57 and 61of the act entltled "Anac t to amend and consoltdate the act s respecting copyrlght," apprdvedMar. 4. 1909. In the Senate of the United Btates. H. R. 16548, 69thCong., 2d sess. 3 pp. 4". Referred to the Committee on Patents..I927 (Jan. 29). A bill to amend secs. 27. 42,an d 44 of t he act entitled"An ac t to amend and consolidate the ac ts respectlng copyright," approvedMar. 4,1909. Introduced by Mr. Vestal. H. 8. 16608, 69th Cow., 26

se~. pp. 4O . Referrd to the Committee on Patents.gSOS27-16


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214 Report of the. Librarian of Coagresawas favorably reported to the House with amendments.'The texts of the reported bill and the report are herereprinted on page 228-286.

Yeehunicd re- A bill was introduced on February 21, 1927, by thea r o d ~ c c l o a fm u r i c . D llrchairman of the House Committee on Patents, Hon.II. R. 17Pid. Albert H. Vestal, to provide for the amendment of sec-tion 1 (e) and the repeal of section 25 (e) of the copy-right act of 1909.8 For the text of the bill, see page 235.vddm rnrnr# On December 21, 1926, Hon. Sol Bloom introduced n.ol m h d wo-

men.546. Bill IJ . n. bill e providing tha t registrations of claims to copyr:ghtby married women should not be held invalid or pre-judiced by reason of being made or having been made inthe maiden name of the author who claims copyright inthe work.

D The design copyright bills mentioned in my report forri@l bUk last year (p. 242) were not given any public considera-tion during the closing session of the Sixty-ninth Con-@-==-

JJ-'- ce- A resolution was adopted by the Sixty-ninth Congress,fraphie C o J #i:t'.emop~'with egard to copyrights in a code system which theGovernment has been ushg for some years under a war-time contract. . This is Public Resolution No. '70 (S. J.Res. 110), approved by the President on March 4, 1927,and provides for the appointment of a joint select com-mittee "to consider the purchase of the right to anunrestricted use of the Harriman Geographic Code Sys-tem under patents issued, or that may be issued, and alsothe unrestricted use of all copyrights issued, or that maybe issued, in connection with the products or publicationsof the Harriman Geographic Code System * * * for

11927 (Feb. 23). A blll to amend s ea . 27. 42. and 44 of t he ac t entltled"An act to amend and consolidate the acts respecting copyrlght," approvedMar. 4, 1909. A.R. 16808 (Report No. 2326), 69th Cong., 2d was. 6 pp.4.. Reported wlth amendments and referred to the Blouse Calendar.1927 (Feb. 23). To amend the copyrlght act of 1900. Mr. Vestlrl, fromthe Commlttee on Patents, snbmltted the fol l~w lng eport (to accompanyH... 16808). H. Bept. No. 2224, 69 th Cong.. 2d sea. 3 DR. 80.

a 1927 (Peb. 21). A blll to amend 1 ( e ) and 25 (e l of the act en-titled "An act to amend and conmlldate the acts resPeCtln~copyriltbf"approved Mar. 4, 4909. Introduce d by Mr. Vestal. H. B. 17276, 69thCong., 26 sees. 4 pp. 4.. Referred to the Committee on Patents.01926 (Dee. 21). A blll pmvidlng that claims to copyright by marrledwomen shall not be held invalid or prejudiced by reason of having beenmade in the name of the author. Introduced by Mr. Bloom. H. R. 16648.69th Cong., 2d sew. 1 p. 40. Referred to t he Commlttee on Patents .


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all governmental, administrative, or publication purposesfor which the same may be desirable." The text of thisjoint resolution is printed on page 238 of this report.

The bills pending during the last session of Congress,Fi r.oCfor the general revision of the copyright laws and theentry of the United States into the International Copy- c ~ ; 8 ~ ~right Union, namely, the Perkins bill (H. R. 5841, 69thCong., 1st sess.; in the 68th Cong., 2d sess., the Perkinsbill, H. R. 11258, January 2, 1925, and the Ernst bill, S.4355, February 20,1925) and the Vestal bill (H. R. 10434,69th Cong., 1st sess.), were fully explained in my lastyear's report (pp. 239-240,253-282). They were not con-sidered during the last short session of Congress mhichadjourned March 4, 1927.

INTERNATIONAL COPYlUGEITTwo copyright proclamations have been issued during ~ ~ ~

the year, namely, for the benefit of Poland and of Czecho-slovakia. I n each case protection with respect to themechanical reproduction of music, under aection 1 (e)of the act of 1909, is accorded. The proclamation forPoland was issued on February 14, 1927 (effective Feb-U,~;ze b .ruary 16,1927), and that for Czechoslovakia on April 27, ,1927 (effective March 1, 1927). The texts are printed wn Ign.in this report, pages 240-244.

Respectfully submitted. THORVALDOLBEBO,Reyieter of Copyrighte.HERBERTUTNAX,L.ibra.&n of Congress.


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216 Report of the Librarian of Congrea8EXHIBIT.-statement o f gross receipts, refunds, net receipts, andfees applied fo r fiscal year end ing Ju ne SO , 1987

Month

18%Jd y..-..--..-..-..------------------.Angust..--.--..-..-..-,--.----------September..--.....-----------------October..-...-.....-----------------November..-...-..-----.----------Decsmber-..--.-.-..----------------

I Fessapplied

(14,111 6213,138 9515, I%% 6615,4M 7115,WA 1316,m.lO1927January..-..-.-..-.----------- - --

Februnry----------- ---- - - -i ------Mamh....-.-...-,...--.-------------April...-................-----------May-..----.-----------.-------.-----June.-...-..-..-...-.--.--.----------Total.-.._-.--.--..------------191,371 16 1 5,704 21 185 670 85 184,727.goI . . I

18.69(18112,7U7.5219,108.7917, 0615,618.9017,188 78

- - - - - - - - ~ ~'Balaneebrought lorward fromJune 80,lW.-...-.-..-..----.--------------4533.11Net receiptsJuly 1,lQX.to June 30,1927:Qrossrecaipts.. -- .-....-.--.-.-.-..--------------------..-191,37116Less amount refunded.-..-----..---------.----------------,704 21 185.670.85Total to be anaunted for 201,aOL08Copyright fees appliedJuly 1. 1828, to June 30,1927-..-..--..-.84,721.80 .

Balance camed fornerd to July 1. 1927:Trust fun&-..-.-.---.--------------.--.-----------------4,616.52Unfinished businea8...-.......--------------------------.850.M- i.204 00


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Register of Copyrights 217

1920J n l ~ ...Auwd. .-.September..--October.------November----.December..--

I

Month

1921Janwy-. .---February-.--.Mnrch---- -- - -April---------May ------- -June----------

Num- ern Nu mlkI.~~k{F-I~~-lal~~~-l~.-I

Reglstrafiona,mdu-certikatea

Month

Registration ofP

Num- Fees atber I .um-ber Fess at u

C o j k ofrecordI

Ratrstiomof renewahNum- Fees atber I @.a

Assignmentsand cop~es

Totelnum-berol*Totalhxm-tpm

k%%dpmpristmhlp l Notices ofusen Searchfee8 Toralieesapplied


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218 Repmt of the Librarian of C m g ~ e s aEXHIBIT.-Statement of gram caah receiptu, yearly feea, numberof registrationu, etc., for 30 fi8cal year8- - - - -

NOTE.-Detailed statement for 18 flsoal yem, 1807-88, etc., to 1914-11, b y m o n h ,may be found InAnnual Report of Reglater of Copyrlghb for year 1914-16 (pp. 177-178,Report o f the Librarian of Congress for 1014-16). For subsaquentpearsme tbe respec-tive annual reports.

Year

1807-98..................1808-90.................1888-1900................looO-lOal--. . -- . ---~-----1901-2...................1 ...................

...................lW...................19054..-.-.------.-.----1W-7 ...................1m-8..................

......- -1909-10---.-.--.-..-.llll1010-11---.-.-.-.--------1011-12 --..---..-.-------

..............1015-16 .................. ..........

.................. ..........1018-m.................. -.........1923-21.................. ..........I W - 2 2 .................. ....-...--lQ*zc .............. .......-..1923-!& .........,... ...............................................9?F% ..................1928-27.................. ..........

............. ....................otal I

-

D e c m min rsg~s-trations,"LCta$61,069. W84,185.W71,0728369,623.2S68,%0871,63&Ql7 5 , 3 a @8 0 , M W82,610 9187,,38L31m,oraos87,OSS.M113,861 8311?.881.62120,140.61

Numberof reglstrs-tions&J$Jr$55,028.5068,267.W86,20(L006 3 , W . mM,BB7.u)~ , 1 3 4 . 5 072,62.0078,05800EO 198 0084,e&W1sa7.m83,81576104, U$4. OK

109,~13.9511U,tB!OS

I n m a s~nreg&trations75,665SO,%SS94'10s95351%!,WE07,070lW.130113,374117.704123,829

120.1131.IW , 074116,18B120,931

....................5.42313,830

.-.-.--..-6276 , m l6,151

14!2444,m6125o 363----------6,lM4733

..........

..........2,447

.........-

..........

..........

..........----------

..........4.w..........11, W7.------.------------


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EXH ~ I T. -T ab le o f r e g w t r a t h a mu& dur ing peyl v e w a1 9 2 1 4 3 t o 1936-27, i nc l ue he , awange d by d o s s e s

Class A. Boob ( inc ludkpamphlets, ledets, andcontributions to period-leals):(a) Printedh he On lM 1

Btates--.. -- -.(b ) Printed abroad in aforeign anguage,-..(c) English books re&tsred for ad interimcopyright...........

...................otalClass B. Periodicals bu m-hem).......................Class C. Lectnres, sermons.add=- ..................Clam D. Dramatic or dm-matleo-musical w m p dt1ons--.....................C b . Musical m m p dtlonx,.---,--....---.--.-.-Clam P.Maw-,..---..--.--.

C h . Work8 of srt;modelsor designs...................Clned H. Reprodactions ofworka 01art................Clagl I. Drawinga or plarMcworks Of 8 8cieZltMc tech-Illcal ehsractsr..............C h . Photographs-.-..-..-C b . Prints and plctmklillustrations-...............C h . Motlon.plcttue pho-

toplam.....................C h . Motionpictnrea notphotoplm-- -..-.----------.Renewals.....................

- -8 For detailed statement of mdstmtlons made for flac8l y ~ 8 ~ 3rom 19014 to 1814-16

sea Annual Report of Register of Copyrights lor 1914-16, pp. 180-182. For sutsequmtpeam sea the respectiveannualmports.


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220 Report of the Librarian of Con'gress .EXHIBIT .-Table of ar t i c les deposi t ed dar ing 1923-34 t o 193647,inolusiue, wi th totala of art icles deposi ted for y e w s 189748 t o192647

1. B o o b(a) Printed in the United Etates: I I 1 I

Total.......................... 273,466 (278,361 283,188298,963 / 6,303,838

..................olumesPamphlets, leaflets, etc...Contrlbutlons to news-

NOTE.-For detailed statement of articles deposited during iiscal years 189748 to1914-16 see Annual Report of Register of Copyrights for 1914-15, pp. 183-188. -Forsubsequent years see the respective annual reports.

The classification "Chromos and lithographs" Is not given In the law after July 1,1908.

papers and periodiosls.. 22,aW %I79 28,955 20,232--otal................. 97,540(b ) Printed abroad In a foreignlanguage.................... 4,876

(c) English works registered forad interim copyright.--.... 979

Total.-------.----.---02,8862 Periodicals---.-..------------------7 E 0 81,207 82,120 81,8263. Lectures, sermons, etc..-.--.----.-.80 aBS 335 2984. Dramatic or dramatia-muslcal

compositions------.--------------,709 4,477 4,653 6,1176. Musical compasitions -------------- 37,960 36,862 35, sBga 35,6786. Maps----.-------.------------------,427 4,408 4222 6,2367. Works of art; models or designs..-.. 2,816 4 85 3,i n 2,5808. Reproductions of works of art.----. '6 0 08a. Chromos and lithographs.......... 0 0 0 09. Drawings or plastlc work8 of a

scientiee or technical character-- 2,147 2,888 2,35010. Photographs..-.-..----------------4,788 13,436 13,042 14,37911. Prints and pictorial Ulustratlons. -- 17,038 16,202 19,781 21.17112 Motion-picture photoplan-------- 8,134 8,70113. Motlon pictures not photoplan-.- 464 66914. Miscellaneous (unclassified artl- ' t"elm).................................................................16. Forelgn books received under act

of Mar. , 1 m

20,120E5 lm 20,129&,8m 19,65461,049 21,58065,723


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I. Copyright bills and reports, Sixty-ninth Congress, secondsession :

H. R. Act 18548,March 3, 1927---------------,---H. R. Report 2027, February 9, 1927------,---S.Report 1660, February 28, 1927-----------

H. R. 16808, reported February 23,1827-----------H. R.Report 2225, February 23, 1927--------

H. R. 17276, February 21, 1827,-----------------H, . 15546, December 21, 1928---------------,---

Public Resolution 70, March 4, 1927, re Harriman Geo-graphic Code----,-,-,---,------,---------------,---

11. Copyright proclamations:Poland, February 14, 1927,-----,----------------Czechoslovakia, April 27,1927----,-------,---,I-

221


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[69th Cong., 2d sees. H. R. 16548.1 In the Senate of the United States.March 3, 1927. Read twlce and referred to the Committee on Paten ts]AN ACT To amend section@7 and 61 of the act entitled "An actto amend and consolidate the acta respecting copyright" a pproved March 4,1000

8 . R. A r 8 B e &?enacted b y th e Senate and Home of Represents-1 6 5 ~ .- -ears t i v e ~ f t b Uni.tea?SEmtes of Am.ericai in Congress ass-of comniqht rep-i8tratbn I.-. b&d, That sections 57 and 61 of the act entitled "An act

to amend and consolidate the acts respecting copyright,"approved March 4, 1909, be and the same are hereby,amended so as to read as follows:"Sk. 57. That the said printed current catalogues asthey are issued shall be promptly distributed by the copy-right office to the collectors of customs of the UnitedStates and to the postmasters of all exchange offices ofreceipt of foreign mails, in accordance with revised listsof such collectors of customs and postmasters preparedby the Secretary of the Treasury and the PostmasterGeneral, and they shall also be furnished in whole or inpart to all parties desiring them at a price to be deter-mined by the register of copyrights for each part of thecatalogue not exceeding $10 for the complete yearly cata-logue of copyright entries. The consolidated catalogues

and indexes shall also be supplied to all persons orderingthem at such prices as may be determined to be reason-able, and all subscriptions for the catalogues shall be re-ceived by the Superintendent of Public Documents, whoshall forward the said publications; and the moneys thusreceived shall be paid into the Treasury of the UnitedStates and accounted for under such laws and Treasuryregulations as shall be in force a t the time."" SEC.61. That the register of copyrights shall receive,and the persons to whom the service designated are ren-'An ldentlcal blu was reported to the Senate (8 . 6706) on Feb. 28.1927, wllh provision that the act should take effect on July 1, 1927.m


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' dered shall pay, the following fees: For the registrationof any work subject to copyright, deposited under theprovisions of this act, $2, which sum is to include a cer-tificate of registration under sesl :Prowide&, That in thecase of any unpublished work registered under the pro-visions of section 11, the fee for registration with certi-ficate shall be $1, and in the case of a published photo-graph the fee shall be $1 where a certificate is not desired.For every additional certificate of registration made, $1.For recording and certifying any instrument of writingfor the assignment of copyright, or any such licensespecified in section 1, subsection (e), or for any copy ofsuch assignment or license, duly certified, $2 for eachcopyright ofice record-book page or additional fractionthereof over one-half page. For recording the notice ofuser or acquiescence specified in section 1,subsection (e),$1 for each notice of not more than five titles. For com-paring any copy of an assignment with the record ofsuch document in the copyright ofice and certifying thesame under seal, $2. For recording the renewal of copy-right provided for in sections 23 and 24, $1. For record-ing the transfer of the proprietorship of copyrightedarticles, 10 cents for each title of a book or other article,in addition to the fee prescribed for recording the instru-ment of assignment. For any requested search of copy-right ofice records, indexes,.or deposits, $1for each hourof time consumed in making such search: PT&,That only one registration at one fee shall be required inthe case of several volumes of the same book deposited atthe same time."Passed the House of Representatives March 3, 19%.-

[69th Cong., 26 sees. House Report No. 20271AMEND AND CO NG O LI DATE THE ACT8 RESPECTING COPYRIOEIT(February 9, 1 W , ommitted to the Committee of the Whole

House on the state of the Union and ordered to be printed)Mr. Vestal, from the Committee onT atents , submitted2;the following report (to accompany H. R. 16548) : i w e a n c o p y -r i g h t regfrha-The Committee on Patents, to whom was referred the tior f-bill (H. R. 16548) to amend sections 57 and 61 of the ect


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224 Repor t of the L i b r k n of Congressenti t led "An act to anlend and consolidate the acts re-spe cting copyright," approv ed M arch 4, 1909, hav ingcarefully considered the same, beg to report i t back tothe House with certain amendments with the recommen-dat ion that the amendments be agreed to and the bi ll asamended be passed.Th e amendments are as fol lows:Th at th e words on page 2, l ine 21 to 23, reading:

Provided, That in the case of photographs the fee shall be $1where a certificate is not demanded,be changed to read :

Provided, That in the case of any unpublished work registeredunder the provisions of section 11, the fee for registration withcertificate shall be $1 and in the case of a published photographthe registration fee shall be $1 where a certificate is not desired.

That on page 3, l ine 3, the word "addi t ional" beinserted before the word "fraction," so t ha t t he feeshall b e$2 for each cop ~r ight ffice record-book page or additional frac-tion thereof over one-half page.The bil l proposes an increase of the registrat ion feefrom $1 to 82 for each registration made, which fee is to. include a certificate of such registration and a corre-sponding increase in the subsidiary fees for the recorda-t ion of documents, and their comparison, and fo r searchesand fo r renewal entries, etc.Th e present general cop yright registrat ion fee has beenin force for nearly a century of t ime with no change inamount. I n the first Fed eral copyright act of 1790 thefee for entry of t i t le was 60 cents and an addit ional 60cents fo r every copy under seal of the record made. B ythe co pyr ight ac t of 1831 these charges were reduced to50 cents, respectively, for entry and certificate, and thesame sums were provided fo r unde r the a ct of revision of1870, the Revised Sta tute s of 1873, an d th e cop yrigh t actof 1891. Th e cop yrig ht registration fees covering record-ing and cert ificate have never been increased. I n the actof M arc h 4, 1909, the re m a s no change made in the totalsum charged f or registrat ion of the cop yright claim, but

the law was simply changed to require a fee of $1 in the


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Register of Copyl-ights 225case of each entry, th at sum to inclirde t l ~ertificate ofsuch registration.

There has been a great change in economic conditionsin this country during this long period of tirno andespecially by reason of tho war. The services renderedby the copyright office also have changed greatly and thocomparatively nominal seFvice rendered for this fee somany years ago has developed into a prom,pt, effective,and adequate response to the demands now made uponthe office by the enormously developed publishing andproducing business of t he United States.The fees now paid do not cover the aotual cost of theservice performed, including salaries, supplies, printingof blanks, certificates, and circulars, and of the Catalogueof Copyright Entries , nor the overhead charges of thecopyright office for space, light and heat, etc.Under all the circumstances the increase in fees pro-posed by the bill seems reasonable. Th e fee for a patentwas increased $5 by the act approved February 18, 1922,amending Revised Statutes, section 4984. The advancein these fees as proposed will still leave them smaller thansimiiar fees charged in other copyright offices. At S ta -tioner's Hall, London, the copyright office for GreatBritain , the registration fee is 5 shillings with the samesum for certificate, or the equivalent $2.50 i n all. I n thebureau at Ottawa, the copyright office for Canada, theregistration charge is $2 and $1 for certificate, or $3 inall. It is in evidence before the committee that fees forsimilar services in recording documents in offices ofclerks of courts have been generally advanced in recentyears, especially since the war.

The increases proposed ape small individually (from 50cents to $1 and from $1 to $2), and even in the agg reg abwill hardly be felt when distributed among all the pro-ducers of copyrighted works throughout this and foreigncountries. The sums realized from the exploitation ofliterary property have greatly increased since 1909. Itwould not be unfair if the fees connected with the pro-tection of this valuable property paid to the copyrightoffice should be increased a little.


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226 Report of the Librarian of CongreaeExpressions of approval of the proposed increases weresubmitted to the committee at the public hearing on thebill on Thursday, February 3. Organizations represent-ing most of the large clients of the copyright office are onrecord before the committee as directly favoring this in-crease in fees proposed-the American Bar Association,the Publishers' Weekly, motion-picture producers and dis-tributors, the Authors' League of America, and the MusicPublishers' Protective Association. Th e National Peri-odical Publishers' Association, representing copyrightofice clients making more than 40,000 registrations ofnewspapers and periodicals last year, are recorded asespressing no desire to ~ p ' ~ o s ehe proposed increase.The works for which registration may be made in thecopyright office are divided into two classes--(1) unpub-lished works, and (2) published worksand this permitsthe registrations to be clivided into two categories to cor-respond. Registration in the case of the unpublishedwork is a preliminary entry of title, made usually uponthe deposit of the author's manuscript and before a pub-lisher has been secured or arrangements have been madefor the exploitation of the anthor's ci.eation. I t is in thecase of such authors that a doubling of the registrationfee to $2 might seem burclensoine, and the amendmentno\\- recommended will in the case of such works leavethe charge as it is now under present law,$1,for registra-

tion, including certificate. But in the case of all otherworks, published or reproduced in copies for sale, wherethe deposit has been made as required of the work actuallypublished, the fee of $2 for registration, with certificate, isproposed.The fee now fixed by lam for indexing works the copy-right for which has been assigned is also left unchanged:namely, 10 cents for each title indexed.The bill further proposes a change in the subscriptionprice for the Catalogue of Copyright Entries. Thi s wasfixed at $5 the year by the copyright act of 1909. Sincethat tiine the cost of printing this catalogue and indexof the copyright registrations has more than doubled.The work consists of a complete yearly record of morethan 1'70,000 entries, and amounts to nearly S.OW closely


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Register of Copyright8 227printed octavo pages. An increase to $10 for the com-plete work for each year seems entirely reasonable. Thisproposed increase in the price of the catalogue wasdirectly suggested by Hon. Martin B. Madden, of theAppropriations Committee, who has also recommendedthe increased fees proposed.It is the unanimous opinion of the committee that thebill as now amended should be passed.

[Bgth Cong., 24 Sess. Senate Report No. 16601ADIENDING THE COPYBIGHT LAWS

(February 28, 1927, ordered to be prlnted)Mr. Metcalf, from the Committee on Patents, submitted ,ST: EIp";:the following report (to accompany S. 5795) : inereanfpht repirtratsoro p y .The Colnrnittee on Patents, to whom was referred the 1"'.

bill (S. 5795) to amend sections 5'7 and 61 of the actentitled "An a d to amend and consolidate the acts re-specting copyright," approved March 4, 1909, havingconsidered the same, report favorably thereon with the~.ecommendstion hat the bill do pass with nn amendment.The bill has the approval of the register of copyrights,Library of Congress, as will appear by the followingletter, which is made a pa rt of th is report :JANUARY9, 1927.Hon. JESSE H. ~ ~ ~E ' PCALF ,Chairman Conimittee on Patente.

DEARSENATORThe fees for the clerical services rendered i n thecopyright office were Axed by the provisions of the copyright a ctof March 4, 1909. The aniounts are sniall and not really com-mensurate with the services rendered and this discrepancy is111orenoticeable by colngarison with the general conditions pre-raillag subsequent to the war.In the inclosed blll it is proposed to amend these fees-aboutdoubling them--chnnging the fee s a s follows:

Registration fee (including certificate), $2 instead of $1.Registration fee for photographs without certificate, $1 insteadof $0.50.Duplicate cel*tiflcate (copy of record), $1 instead of $0.50.Recording fees for assignments, etc., $2 for each copyright officerecord-book page, instead of varying fees depending on the numberof words. (All such recording is now made by tygewrltem i nspecially prepared books.)


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228 Report of t h Librarian of CongressRecording notice of user, $1 for each notice of not more than

fire titles, in lieu of fees up to 100 words.Comparing and certifying documents of record, $2 instead of $1.Renewal registrations, $1 in lieu of $0.50.Search fee, $1 per hour lnstend of $0.50.I venture to submit the mntter for your consideration, and it is

hoped the proposed changes might be approved by Congress thissession.

THORVALDOLBERG,R e g i st e r of C o p ~ r i g h t s .The amendment is as follows:On page 3, after line 21, insert a new paragraph, as

follows:This act shall take effect on Ju ly 1, 1927.

169th Cong., 2d sesa. H. R. 16808. Report No. 2225. In the House ofRepresentatives, January 29, 10271

Bel l a. R. Mr. Vestal inbroduced the following bill, which masl?!J8 - C i n -b t W ~ t cow-referred to the Committee on Patents and ordered to ber y h t b al l. printed :

(February 23, 1027, reported vith amendments, referred to theHouse Calendar, and ordered to be printed)A BILL To amend sections 27, 42, and 44 of the act entitled ''An

act to nmend and consolidate the acts respecting copyright,"approved Dialrh 4, 1900Be it enacted b y the Seqtate u92d House of Repres enta-tives of the Uqtited Xtates of Anzerica i n Congq-ess assem-bled, Th at sections 27, 42, and 44 of the act entitled "An

act to amend and consolidate the acts with respect tocopyright," approved March 4, 1009, be amended to readas follows:SEC.7. That the proceedings for an injunction, dam-ages, and profits, and those for the seizure of infringingcopies, plates, molds, matrices, and so forth, aforemen-tioned, may be united in one action. I n any action forinfringement, where the plaintiff seeks an accounting ofprofits, or statutory damages, where any party showsthat some third person or persons may claim to be en-titled to said profits or statutory clamages or some partthereof, by reason of alleged infringement of the samecopyright or some right thereuncler; or in case it shall


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Register of Copyr igh t s 229appear to the satisfaction of the court that a completedetermination can not be had i n the absence of otherpersons claiming or having rights or interests in the en-tire or same copyright, or in some parts thereof, thecourt on application of such par ty or on its own motionor on petition of such third person or persons shall givenotice to such person or persons of the pendency of suchaction and permit him or them to appear as s parby orparties to the action on such terms as the court may deemjust and may make such provision with reference to snchprofits or statutory damages by way of division or other-wise and adjudicate the respective righ ts and interests ofthe several parties to the suit as justice may require. Thecourt may require that notice of pendency of the actionbe given in such manner as the court shall direct to anyand all pelsons of record in the copyright office who mayclaim to be assignees or licensees o r the owners or 5oldersof any rights in or under th e copyright in connectionwith which action may be brought if the instrumentsunder which snch persons daim are recorded or if aclaim to the copyright be registered in the copyrightoffice. The failure of any pnr ty clirected to be broughtin, to appear in the action or suit, or to participate there-in, shall not delay the judgment to which the plaintiff isentitled nor debar the plaintiff from prosecuting his suitto a final determination or to recover profits or danlagesto mhich he may be entitled: I'rovaed, That nothingherein contained sllall in nny 1%-ayprejudice or delaythe rights, if any, of the plaii~tiff o injunctive relief orany other remedy given under this nct other than forprofits or statutory damages as aforesaid." SEC. 2. Th e author, or other owner of any copy-

right secured under this act or of any copyl-ight hereto-fore secured under any previous act of the United States,may (to the extent of his interest therein), by a writteninstrument signed by him or by his agent duly authorizedfor such purpose by power of attorney cluly acknowl-edged ancl esecuted after this act goes into effect, assign,mortpnge, license, or otherwise dispose of the ent ire copy-riglit or any right or rights comprised therein, eitherwholly or separately, either generally or subject to limi-

68025--27-16


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tations, for the entire term of such copyright or for alimited time, or for a specified territory or territories,and he may bequeath the same by will. Any person orpersons deriving any right, title, or interest from orthrough any author or other owner as aforesaid, mayeach, separately, for himself, in his, own name as party toa suit, action, or proceeding, protect and enforce suchrights as he may hold, and to the extent of his rights,title, and interest is entitled to the remedies provided bythis act.

"All rights comprised in a copyright are severill, dim-tinct, and severable. Where, under any assignment ofless than the entire copyright or under an exclusivelicense, the assignee or licensee becomes entitled to anyright comprised in copyright or to the exercise thereof,the assignee or licensee to the extent of the rights soassigned or conferred shall be treated for all purposes,including the right to sue, as the owner of the severaland distinct rights and parts of the copyright so assignedor conferred; and the assignor or licensor to the extent ofhis rights not so assigned or conferred shall be treatedfor a ll purposes as the owner of the several and distinctrights and parts of the copyright not so assigned or con-ferred. The word ' icense ' as used in sections 42 and 44of this act shall include, but not by way of limitation,any instrument executed prior to copyright under thisact by which the author reserves to himself any right orrights comprised in the copyright. The time prescribedfor recordation of any such instrument shall run fromdate of registration of copyright. All instruments re-ferred to in sections 42 and 44 of this act shall be suchas identify the work. The words ' copyright proprietor,'as used in section 25 of this act, shall in the case whereany person or persons has derived any right, title, orinterest as aforesaid from any author or other owner asaforesaid, be construed to mean the owner of the rightinfringed.

"SEC. 4. That every assignment of copyri~ht,icense,mortgage, or power of httorney or contract in any wayaffecting or pertaining to any copyright or any of therights comprised therein may be recorded in the copy-


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Registel . of Copyright8 231right office within three calendar months after its execu-tion in the United States or within six calendar monthsafter its execution without the limits of the UnitedStates, in default of which it shall be void as against anysubsequent purchaser, assignee, licensee, or mortgagee, fora valuable consideration, without notice, whose assign-ment, license, mortgage, or power of attorney has beenduly recorded. The word ' assignment ' as used in sec-tion 61 of this act shall be construed to include any ofthe instruments which may be recorded under thissection."

[69th Cong., 2d aem. House o f Representatlrea Re~ort o. 22251TO A M E N D THE COPYRIGHT ACT OF 1808

(February 23, 1927, referred to the House Calendar and orderedto be printed)Mr. Vestal, from the Committee on patents, submittedd;y,%zfthe following report (to accompany H. R. 16808): 22 bow-The Committee on Patents, to whom was referred the

bill (H. R. 16808) to amend sections 2'7, 42, and 44 ofthe act entitled "An act to amend and consolidate theacts respecting copyright," approved March 4,1909, hav-ing carefully considered the same, beg to report it backto the House with certain amendments with the recom-mendation that the amendments be agreed to and thatthe bill as so amended be passed.The amendments are as follows:

That on page 1, line 8, the word "secured" shall beinserted before the word "under ", and in line 9, afterthe word "may ", shall be inserted in parentheses thewords "(to the extent of his intesest therein)". Thatafter the word " authorized ",at the end of line 10, shallbe inserted the words " or such purpose ";and on page2, line 1,after the.words "power of attorney ",shall beinserted "duly acknowledged and "; and before theword "may ", n line 7, shall be inserted the word " he ";so that the sentence as amended shall read:

The author, or other owner of any copyright secured underthis act or of any copyright heretofore secured under any pre-


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232 Report of the Librarian of Co?bgred8'vious act of th e United States, may (to the extent of his interestther ein) by a w ritten instrum ent signed by him or by his agentduly authorized fo r such purpose by power of attorney duly ac-knowledged and executed after thia act goes into effect, assign,mortgage, license, or otherwise dispose of the entire copyright orany right or rights comprised therein, either wh,olly or separately,either generally or subject to l imitations, for the entire term ofsuch copyright o r for a l imited time, or f or a specifled territory orterritories, and he may bequeath the same by will.

That on page 3, line 1, after the words "not so as-signed or conferred," the following sentence shall beinserted :

The word "license" a s used in sections 42 an d 44 of th is ac tshall include, but not by may of l imitation, any instrument exe-cuted prior to copyright under this act by which the author re-serves to himself any right or rights comprtsed in the copyright.The time prescribed for recordation of any such instrument shallru n from date of registration of copyright. A11 instr um ents r eferred to in sections 42 and 44 of this act s hall be such a s identLtythe work.That on page 3 in section 27, at line 16 , after the words

"some right thereunder," the comma shall be changed toa semicolon and the following words inserted :"or in caseit shall appear to the satisfaction of the court tha t a com-plete determination can not be had in the absence ofother persons claiming or having rights or interests in theentire or same copyright, or in some parts thereof."

And at line .l8, fte r the first words, "person or per-sons," the rest of the line shall be strilren out, togetherwith the word "in," at the beginning of line 19, and thefollowing words substituted: "shall give notice to suchperson or persons of the pendency of such action andpermit him or them to appear."

And at line 22, afte r the words "division or otherwise,"the following words shall be inserted : "and adjudicatethe respective righ ts and interests of the several partiesto the suit."

The amended sentence from line 1 0 to line 22 will thenread :

In any action for infringement where the plaintiff seeks a naccounting of profits or statutory damages, where any p arty showsthat some third person or persons may claim to be entit led to saidprofits or statu tory dam ages or some part thereof by reason of


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Register of Copyrights 233alleged infringement of the sam e copyright or some righ t th e reunder; or in case i t shall appear to the satisfaction of the cou rtthat a complete determination can not be bad in the absence ofother persons claiming or hav ing rights or imterests in the ent i reor same copyright, or in some parts thereof, the court on appu-cation of such party or on its own motion or on petition of suchthird person or persons shall give notice to such person or personsof t he pendency of such action and pe rmit him or them to appe aras a p arty or part ies to the act ion on such terms as the court mapdeem just and may make such provision with reference to suchprofits or statutory damages by way of division or otherwise a n dadjudicate th e respective rights and in terests of the several partiesto th e sui t a s just ice may require .

That on page 4, in section 27, a t line 5, after the word"registered," there shall be inserted the words "in thecopyright office."

That on page 4, in section 44, at line 16, the word "or "before the words "power of attorney" be stricken out,and after the words "power of attorney" be added thewords "or contract."

The grant of copyright in the United States, underexisting law, is a general grant .to "any person entitledthereto"; tha t is, to the author of the work or to theperson to whom the author has assigned his copyright inthe work. Such general grant of copyright includes allthe rights enumerated in section 1 of the a d of 1909, sofar as any such described right naturally appertains tothe author's work. For example, the author of a booksecures not only the exclusive right


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234 Report of the Libra&% of CongradTh is ha s proven an increasingly embarrassing lim ita-

tion on the author's rig ht a s new inventions have put athis service new methods fo r the exploitation a nd produc-tion of his work. T he would-be users of his work, also,the publishers, the record makers, or the motion-pictureproducers do not desire to secure merely a license or ex-clusive license to use. Suc h licensee can not br ing su it toprotect the r ights he has bargained for under exis t inglaw. H e does not wish m erely to secure a license to makesuch special use of the work, but he wishes to purchaseoutr ight the co pyright , not the entire copyright of th ework but the copyright covering the special r ight withrespect to the use to be made of the author's work; forexample, the publication of it, the dramatization of it,the trans lation of it, its reproduction a s a motion picture,its representation on the stage, its public performance asmusic, or it s reproduction on a phono graph record, etc.The bil l enacts that "All rights comprised in a copy-rig ht are several, distinct, a nd severable," and providesthat sucll assignment or sale of any one or more of theauthor's rights comprised in his copyright may legallybe made, and i t furth er provides tha t where only a licenseto use may have been conceded the licensee may sue toprotect his right under the license, if such right is in-fringed. T h e bill provides that-Any person or persons deriving any right, title, or interest,

from or through any author or other owner as aforesaid, mayeach. sepal-ntelp, for himself, in his own name as party to a suit,nction, or proceeding, protect and enforce such rights as he mayhold, and to the extent cf his right, title. and interest i s entitledto the remedies provided by this act.

911 of section 27 of the copyright act of 1909, pfo-vicling that the judicial proceedings in a suit for in-fr ingement might be united in one action; is includedin the first sentence of the mended section. B ut inview of the increase in the number nnd complexity oftransactions involving copyright which may be antici-pated as a result of divisible copyright it has been feltdesirable to acld to t his section provisions to enable courtsto safeguard the rights of all owners concerned in thedivided copyright by permitt ing them to appear in an y


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case in which their rights may be involved, SO that afull settlement of the case may be hnd. I t mas proposedthat courts be empowered to compel the attendance of allparties who might seem to have an interest in the case,but the committee has felt it preferable instead to pro-vide for the notification of such person or persons as tothe pendency of the cause and permit him or them toappear as a party or parties to the action on such termsas the court may deem just and to authorize the court toadjudicate the respective rights and interests of the sev-eral parties to the suit.

At the public hearing on this bill the testimony wasunanimous that this divisibility of copyr ight is highlydesirable and t ha t legislation securing it will be of directservice to authors, composers, dramatists, book and peri-odical publishers, motion-picture producers, and the mak-ers of phonograph records. Certain amendments to thebill as originally introduced which mere suggested at thepublic hearing or subsequently submitted by parties in-terested have been carefully discussed bp your commit-tee an d such as mere affirmatively voted by the committeehave been embodied in tlie bill and are recommended foradoption in this report.160th Cong., 2d sess. H. R. 17276. In the House of Representativee.February 21, 10271

Mr. Ve ~ ta l ntroduced the following bill, which was,,fi.l_t,tcLreferred to the Committee on Patents and ordered to be $;f;pductbmprinted.A BILL To aillend sections 1 ( e ) an d 25 (e) of the act entitled"An act t o omend ant1 consolidate the acts respecting copyright,"approved Mnrch 4, 1909Be it encicted by th e Senate and go us e of Representa-tiv es of the U-nitecl Xtates of Am eri ca i n Con gres s assem-hied, That section,1, subsection (e) of the act entitled

"An act to amend and consolidate the acts respectingcopyright.," approved Marc11 4, 1909, be amended to rendas follows :

"(e) To perform the copyrighted work publicly forprofit if it be a.musical composition, to make any arrange-ment or setting of i t or of the melody of it in any system


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236 Report of the Librarian of Congressof notation or any form of record in which the thoughtof an autho r may be recorded an d from which it may beread or reproduced."T ha t the provisions of thi s act, so fa r as they securecopyright controlling th e pa rts of instruments serving toreprodzlce mechanically the musical work shall not in-clude the works of a foreign author or composer unlessthe foreign state or nation of which such author o r com-poser is a citizen or subject grants, either by treaty,convention, agreement, or law, to citizens of the UnitedStates similar rights.' 'Whenever the proprieto r of a musical copyright shallg ran t to a manufacturer of mechanical instruments,.whether by sale, assignment, license, or otherwise, theright to manufacture devices serving to mechanicallyreproduce the copyrighted work, such grant shall be inwriting, and a true copy thereof shal l within th ir ty daysof th e da te of its execution, accompanied by a reco rdingfee, be filed in t he office of th e register of copy rights , andany fail ure t o file such copy shall be a complete defenseto any suit, action or proceeding for any such infringe-ment of such copyright by means of the manufacture ofsimilar parts of instruments serving to reproduce me-chanically the musical work in a similar manner."Thereupo n and thereafter, any other manufacturer ofmechanical instrumen ts may make similar use of the copy-righted work, by filing in the office of the register ofcopyrights, aceompanied by recording fee, before manu-facture is commenced, a notice of his intention to makesuch use of the work, subscribed by him under his handand seal and du ly acknowledged, agreeing tha t the m anu-factur e by him of such par ts sha ll be subject to the exactterms and conditions expressed in the original grant onfile in t he register's office, and d elive ring a copy of suchnotice to the owner of record of the copyright. Fullcompliance with the terms a nd conditions of the originalgr an t by such subsequent man ufact urer shall be a com-plete defense to any suit, action, or proceeding for in-fringement of the copyright by such manufacturer." Th e manu facture of such par ts of instruments inviolation of the provisions hereof shall be deemed to be


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an infringement of the copyright of such woxhr, for whichthe defendant shall be liable as provided in sections 25,28, and 39 of this act, and all the rights and remediesrecited in such sections shall apply to and govern anysuch infringement.

"In case any defendant shall be adjudged guilty ofsuch infringement he shall be forever barred from thebenefits and privileges of the compulsory license pro-visions of this act with respect to any musical work what-soever, irrespectimve of t he proprietorship thereof."The copyright proprietor shall be entitled, as a matter

of course, at any time, to discovery, inspection, or exami-nation of books, records, and papers of any manufactureravailing himself of these provisions, relating to the manu-facture, sale, or disposition of the parts of instrumentsserving to reproduce mechanically such musical work, andthe district court of the proper district shall have thepower to make such qrder with respect to inspection, dis-covery, or examination, upon such terms and conditionsas justice may require.""SEC.25, subsection (e ). Subseelion (e) is hereby

repealed."169th Cong., 2d seas. H. B. 15546. In the House of Representative&

December 21, 19261Mr. Bloom introduced the following bill; which wasllr ill 8. a- aidareferred to the Committee on Patents and ordered to be noms 0 l - d

printed. wonla%A BILL Providing that claims to copyright by married momen

shall not be held invalid or prejudiced by renson of having beenmade in the name of the nuthor.Be i t enacted b y the Senate and h'me of Representa-

tives of the United Xtates of America in Congrau aa-sentbZed, That registrations of claims to copyright bymarried women shall not be held invalid or prejudicedby reason of being made or having been made in thomaiden name of the author who claims copyright in thowork.


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238 Rep ort of the Librarian of CongrmsC o p y ' ~ h b2 JOINT RESOLUTION Authorizing a joint committee of both" Rarnmano gr ap hi c c o d Houses to consider the purchase of the right to an unrestricted

~ ~ ~ ~ ~ ~ , , , , . ~ $ :se of the Hnrriman Geographic Code System under patentsMnp. 1 s m . issued, or that may be issued, and also the unrestricted use ofall copyrights issued, or that may be issued, in connection with(((td'lqrf the products of the Harriman Geographic Code System for a11hn bri gorenmental, administratire, or publication purposes for whichthe same may be desirable.( vcc. Resohed by the Sena te and H o w of Representat;vesof th e Unite d Sta tes of Anterica in Congress assembled,

That the President of the Senate appoint three Membersof the Senate, and the Speaker of the House three Mem-bers of the House, all of whom shall have been elected tothe Seventieth Congress, who shall constitute a selectjoint committee on the Harriman Geographic Code Sys-tem, which may sit during recess.I t shall be the duty of the committee--

(1) To consider the purchase of the right to an unre-stricted use of the Harriman Geographic Code Systemunder patents issued, or that may be issued, and also theunrestricted use of all copyrights issued, or that may beissued, in connection with the products or publications ofthe Harriman Geographic Code System, including theright, license, and privilege to manufacture, use, and dis-pose of geographs, maps, diagrams, and charts embody-ing said patented inventions or improvements thereof orcopyrights issued in connection therewith incident to thefunctions of all bureaus or departments of the UnitedStates Government for all governmental, administrative,or publication purposes for which the same may bedesirable.

(2) If, after investigation, the committee shall be ofthe opinion that the purchase of said system or usethereof by the United States Government would promoteefficiency and economy of operation and administrationof the executive departments and the administrativebranches of the Government, the value of said system, orthe use thereof to the United States Government shall beestimated, and the committee shall report to both theSenate and the House of Representatives the result ofits investigation, together with its recommendations, and


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Reg ister of Copy riqht8 239shall prepare and submit bills or resolutions having fortheir purpose the adoption of such recommendations.

(3) The officers and employees of any executive de-partment or administrative branch of the Governmentshall, if called upon to d o so, make a report to said com-mittee on the Harriman Geographic Code System, andshall furnish to the committee such information as th ecommittee may from time to time require. Th e com-mittee is authorized to employ assistance as the com-mittee may require in the investigation herein providedfor, and to make such reasonable espenditures as may benecessary for the proper conduct of its work, such ex-penditures to be paid in equal parts from the contingentfunds of the House of Representatives and the Senateas from time to time may be authorized by resolutionsof those bodies: Provided, That the total expenditurnof the comm ittee sha ll not exceed $2,000.Approved, March 4, 1927.


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COPYRIGHT-POLAND

P r o c b ~ t ~ o mW herea s it is provided by th e act of Congress approveddated Fcb. I ) ,re Pobnd- March 4, 1909, entitled "An act to amen d an d consolidatethe acts respecting copyright," that the copyright se-cured by the act, except th e benefits und er section 1 ( e )thereof as to which special conditions are imposed, shallextend to the work of an autho r or propr ie tor who is acitizen or su bject of a fore ign s ta te or na t ion, only uponcertain conditions set forth in section 8 of the said act,t o w i t :

(a) Wh en an a l ien author or p ropr ie tor sha l l be domi-ciled within the U nit ed Sta tes at the time of the firstpubl ica tion of h is work; or( 6 ) When the fore ign s ta te or na t ion of which suchauthor or propr ie tor i s a citizen or subject grants, eitherby t rea ty, convent ion, agreement , or law, to citizens ofthe Un ited S ta tes the benefi t of copyrigh t on substan-t ia l ly the same bas is as to i ts own c i t izens , or copyrigh tprotection substantially equal to the protection securedto such fore ign au thor unde r th i s ac t or by t r ea ty ; o rwhen such fore ign s ta te o r na t ion is a par ty to an inter-national agreement which provides for reciprocity in thegra ntin g of co pyri ght, by the terms of which agreementthe U nited Sta tes may, a t i ts pleasure, become a par tythere to :An d w hereas i t i s provided by sect ion 1 ( e ) of the saidact of Congress, approved M arch 4, 1909, th at th e provi-sions of the act "so far as they secure copyright control-l ing the par ts of ins truments serving to reproduce me-chanically th e musical work, shall include only composi-tions published and copyrighted after this act goes into

240


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Registe~ f Copyrights 241effect, nd shall not include the nrorks of a foreign authoror composer unless the foreign state or nation of whichsuch author or coml>oscr is a citizen or subject grants,either by treaty, convcnlion, agreement, or law, to citizensof the United States similar rights ";And whereas the President is authorized by the saidsection 8 to determine by proclalnation made from timeto tiine the existence of the reciprocal conditions afore-said, as the purposes of the act may require;And whereas satisfactory official assurances have beenreceived that on and after February 16, 1927, citizens ofthe United States shall be entitled to obtain copyriglltfor their worlrs in Poland which is substantially equal t othe protection afforded by the copyright laws of theUnitecl States, including rights similar to those providedby section 1 (e) of the copyright act of the United States,approved March 4, 1909.Now, therefore, I, Calvin Coolidge, President of theUnited States of Anlerica, do declare and proclaimThat on and after February 16, 1927, the conditions ,,,Eg!iWspecified in sections 8 (6) nd 1 (e) of the act of March 4,1909, will exist and be fulfilled in respect to the citizensof Poland, and that on and after February 16, 1927, citi-zens of Poland shall be entitled to all the benefits of theact of Rfarch 4, 1909, including section 1 ( e ) thereof andthe acts amendatory of the said act.Provided, Tha t the enjoyment by any work of the rightsand benefits conferred by the act of March 4, 1909, andthe acts amendatory thereof, shall be conditional uponcoi~lpliancewith the requirements and formalities pre-scribed with respect to such ~~oi-ksy the copyright lnwsof the United States.And provided further, That the provisions of section 1(e) of the net of March 4, 1909, in so far as they securecopyright controlling the parts of instruments serving toreproduce mechanically musical works, shall apply only tocompositions published after July 1,1909, and registeredfor copyright in the United States which have not beenrel~rocluceclwithin the United States prior to February16, 1927, on any contrivance by means of which the vor k]nay be illechanically performed.


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I n witness whereof, I have hereunto set my hand andcaused the seal of the United States to be affixed.

Dated Feb.- Done at the city of Washington this 14th da y of Feb-l9n. ruary in the year of Our Lord one thousand nine hundred

and twenty-seven and of the Independence of the UnitedStates of America the one hundred and fifty-first.

[SEAL] CALVINCOOLIDGE.By the President :

FRANK. KELLOW,Smeta~y p St&.

PROCLAMATIONP r o e l m c r l b r&red AW. n Whereas it is provided by the act of Congress approved194, re ~ r e e h o !r b v aW . March 4,1909, entitled "An act to amend and consolidatethe acts respecting copyright," that the copyright secured

by the act, except the benefits under section 1 (e) thereofas to which special conditions are imposed, shall extendto the work of an author or proprietor who is a citizenor subject of a foreign state or nation, only upon certainconditions set forth in section 8 of the said act, to wit :(a ) When an alien author or proprietor shall be domi-ciled within the United States at the time of the first pub-lication of his work; or(6) When the foreign state or nation of which suchauthor or proprietor is a citizen or subject grants, eitherby treaty, convention, agreement, or law, to citizens ofthe United States the benefit of copyright on substantiallythe same basis as to its own citizens, or copyright protec-tion substantially equal to the protection secured to suchforeign author under this act or by treaty; or when such .foreign state or nation is a party to an internationalagreement which provides for reciprocity in the grant ingof copyright, by the terms of which agreement theUnited States may, at it s pleasure, become a partythereto:


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An d whereas it is provided by section 1 (e) of the saidact of Congress, approved March 4, 1909, that the pro-visions of the act " so far as they secure copyright con-trolling the parts of instruments serving to reproducemechanically the musical work, shall include only com-positions published and 'copyrighted after this act goesinto effect, and shall not include the works of a foreignauthor or composer u n ls s the foreign state or nation ofwhich such author or composer is a citizen or subjectgrants, either by treaty, convention, agreement, or law?to citizens of the United State s similar righ ts ";An d whereas the President i s authorized by th e saidsection 8 to determine by proclamation made from timeto time the existence of the reciprocal conditions afore-said, as the purposes of the act may require;

And whereas satisfactory official assurances have beenreceived that on and after March 1,1927, citicens of theUnited States have been entitled to obtain copyright fortheir works in Czechoslovnkia which is substantiallyequal to the protection afforded by the copy right laws ofthe Un ited States, .including righ ts similar to those pro-vided by section 1 (e) of the copyright act of the UnitedStates, approved March 4, 1909.Now, therefore, I, Calvin Coolidge, President of theUnited State s of America, do declare and proclaimTh at on and af ter March 1, 1927, the condit ions s~ e c i - ~ ,g.tlv* nw.fied in sections 8 (6) and 1 (e) of the act of March 4,1909, existed and were fulfilled in respect to the citizensof Czeehoslovakia, and th at on and a fter M arch 1, 1927,citizens of Czechoslovakia hav e been entitled to all thebenefits of the act of March 4, 1909, including section !.(e) thereof and the acts amendatory of the said act.Provided, That the enjoyment by any work of therights and benefits conferred by the act of March 4,1909, ,and the a d s amendatory thereof, shall be conditionalupon compliance with the requirements and formalitiesprescribed with respect to such works by the copyrightlaws of the United States.An d provided fur the r, Tha t the provisions of section 1(e) of the act of March 4, 1909, in so far as they secure


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244 Report of t h Lt3~a~i.mf Colzg~e88copyright controlling the parts of instruments serving toreproduce mechanically musical works, shall apply onlyto comhositions published after 1, 1909, and regis-tered for copyright in the United S@tes which have not

~ a t e d V.n.been reproduced within the Unitedgtates prior to Aprilm. 27,1927, on any contrivance by .m& of which the workmay be mechanically performed. 'In witness whereof, I have heremto set my hand andcaused the seal of the United States to be-affixed.

Done at the city of Washington this 27th day-of April,. in the year of Our Lord one thousand nine h v d red and

twenty-seven and of the &dependence of the UnitedStates of America the one hundrd 'and. fifiy-first.

La-1 'CALVIN ~ L I - .By t he President;q+nx B.*,. &ewetmy 8tetG.

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