Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
The completion of the copyright by deposit of copies is covered by the
provision (sec. 12): "That after copyright has been secured by
publication of the work with the notice of copyright as provided in
section nine of this Act, there shall be promptly deposited in the
Copyright Office or in the mail addressed to the Register of Copyrights,
Washington, District of Columbia, two complete copies of the best
edition thereof then published, which copies, if the work be a book or
periodical, shall have been produced in accordance with the
manufacturing provisions specified in section fifteen of this Act; or if
such work be a contribution to a periodical, for which contribution
special registration is requested, one copy of the issue or issues
containing such contribution; or if the work is not reproduced in copies
for sale, there shall be deposited the copy, print, photograph, or other
identifying reproduction provided by section eleven of this Act, such
copies or copy, print, photograph, or other reproduction to be
accompanied in each case by a claim of copyright. No action or
proceeding shall be maintained for infringement of copyright in any work
until the provisions of this Act with respect to the deposit of copies
and registration of such work shall have been complied with."
{Sidenote: Voiding by failure to deposit}
In case of failure to deposit, the law of 1909 provides for penalties
and finally voiding of the copyright, as follows (sec. 13): "That should
the copies called for by section twelve of this Act not be promptly
deposited as herein provided, the Register of Copyrights may at any time
after the publication of the work, upon actual notice, require the
proprietor of the copyright to deposit them, and after the said demand
shall have been made, in default of the deposit copies of the work
within three months from any part of the United States, except an
outlying territorial possession of the United States, or within six
months from any outlying territorial possession of the United States, or
from any foreign country, the proprietor of the copyright shall be
liable to a fine of one hundred dollars and to pay to the Library of
Congress twice the amount of the retail price of the best edition of the
work, and the copyright shall become void."
{Sidenote: Forfeiture by false affidavit}
In the case of a printed book or periodical or of a lithograph or
photo-engraving, the copies deposited must be manufactured in America,
as set forth in the manufacturing provision (sec. 15) as verified in the
case of a book by affidavit (sec. 16) separately treated hereafter, and
the book copyright is forfeited (sec. 17) in the event of false
affidavit. Thus failure to deposit, and, in the case of books, false
affidavit as to American manufacture, are the two lapses of formalities
which work forfeiture of copyright.
{Sidenote: Works not reproduced}
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