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 _ad interim_ provision requires the same formalities and fee as in
the case of domestic works, except that only one copy of the foreign
work in English need be deposited, and that this deposit copy need not
contain the statutory notice of American copyright. The claimant is
given thirty days after publication abroad in which to request
reservation and a second thirty days after deposit of the foreign copy
within which to publish or cause to be published an edition manufactured
in America and thus to complete his copyright. This gives a period of
_ad interim_ protection, ranging from thirty days to sixty days, within
which to obtain permanent copyright, the exact period depending upon the
number of days elapsing after publication before deposit of the foreign
copy in the Copyright Office. Thus a copy deposited on the day of
publication will have thirty days in all within which to secure
permanent copyright by the publication of the American-made edition,
while a copy deposited on the thirtieth day after publication will have
sixty days in all; but the failure to deposit the foreign copy within
thirty days after publication, or the failure to publish an
American-made edition within thirty days after such deposit, will
forfeit the right to obtain copyright protection and throw the foreign
work into the public domain, despite the _ad interim_ registration. When
an American-made edition with notice of copyright can be published in
America simultaneously with its publication abroad, _ad interim_
protection is of course rendered unnecessary; and such simultaneous
publication is the simplest and best practice for publishers to adopt.
{Sidenote: Omission of copyright notice}
It may also be emphasized here that the notice of copyright can be
omitted only from foreign-made copies and must be included in the
American-made edition. The American publisher desiring to reprint a book
published abroad in the English language within sixty days after
publication, without consent of the copyright proprietor, must therefore
assure himself, by inquiry from the Copyright Office, whether the work
has been registered _ad interim_. The printing of an American copyright
notice on the foreign edition in anticipation of the publication of an
American-made edition and the deposit of copies thereof within the
statutory requirements is a questionable practice, as a failure to
publish American-made copies in the United States, because of defective
publishing arrangements or a printers' or binders' strike, would make
such notice a false notice of copyright. The copyright term in the case
of such foreign work in the English language dates, it would seem, from
the date of publication abroad rather than from the date of publication
of the American-made edition; but this would be of importance only
toward the expiration of the original term and in connection with the
renewal term.
{Sidenote: Books only ad interim}
Public-domain text, read in full here on John Shaqi.
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