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
{Sidenote: Deposit}
It is further required (sec. 12) that "if the work is not reproduced in
copies for sale, there shall be deposited the copy, print, photograph,
or other identifying reproduction" required as above stated,
"accompanied in each case by a claim of copyright."
The new Copyright Office Rules and Regulations schedule (17) among
unpublished works that may be registered "(_c_) photographic prints;
(_d_) works of art (paintings, drawings, and sculpture), and (_e_)
plastic works," and states specifically as to the deposit in such cases:
"19. (2) In the case of photographs, deposit one copy of a positive
print of the work. (Photo-engravings or photogravures are not
photographs within the meaning of this provision.)
"20. (3) In the case of works of art, models or designs for works of
art, or drawings or plastic works of a scientific or technical
character, deposit a photographic reproduction."
As deposit in the case of an unpublished work takes the place of
publication and deposit in the case of works reproduced for sale, there
can be no claim for statutory protection of an unpublished work of art
without the deposit of the identifying copy, and the general provision
(sec. 13) for fine and for voiding of copyright in the case of
non-deposit, has, of course, no bearing on unpublished works. Any action
or proceeding in respect to an unpublished work not registered by
deposit must therefore be under common law and not under statutory
provision.
{Sidenote: Summary of requirements}
To sum up, the author of a work of art, who is exhibiting his painting
or statue or other work and not multiplying copies for sale, will assure
himself of full protection if before such exhibition he places on the
original work, in some visible but not obtrusive fashion, the letter C
inclosed in a circle with his name or mark, and deposits a photograph of
such work with the Librarian of Congress or in the mails addressed to
him, accompanied by a claim of copyright,--for which an application form
(J2, "photograph not reproduced for sale") is furnished on request, by
the Copyright Office from Washington,--with inclosure of one dollar.
As soon as the artist multiplies copies for sale, or permits
reproduction of his work, as in a newspaper report of an exhibition, for
instance, he must then take the precaution of depositing two copies of
such reproduction as provided in general by the act, and it is further
provided (sec. 18) "that on some accessible portion of such copies or of
the margin, back, permanent base, or pedestal, or of the substance on
which such copies shall be mounted, his name shall appear." In case two
copies are not so deposited, it is probable that a fine and forfeiture
of copyright would ultimately ensue, as indicated in section 13.
{Sidenote: Material and immaterial properties distinct}
Public-domain text, read in full here on John Shaqi.
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