a copyright is an exclusive privilege given to any citizen, or resident in the united states to print, publish, or sell any book, map, chart, engraving, or musical composition of which he or she is the author or proprietor. this right is given by the laws of congress. no state can give it. the object is to encourage authors, and to compensate them for their labors, which they could not be sure of obtaining if any one might publish and sell their productions. a copyright conveys all the rights of ownership, and may be bought and sold like other property.
directions for securing copyrights under the revised act of congress, which took effect july 8, 1870.
1. a printed copy of the title of the book, map, chart, dramatic or musical composition, engraving, cut, print, photograph, or a description of the painting, drawing, chromo, statue, statuary, or model or design for a work of the fine arts, for which copyright is desired, must be sent by mail, prepaid, addressed, “librarian of congress, washington, d. c.” this must be done before publication of the book or other article.
2. a fee of 50 cents, for recording the title of each book or other article, must be inclosed with the title as above, and 50 cents in addition (or $1 in all) for each certificate of copyright[409] under the seal of the librarian of congress, which will be transmitted by return mail.
3. within ten days after publication of each book or other article, two complete copies of the best edition issued must be sent, to perfect the copyright, with the address
librarian of congress, washington, d. c.
it is optional with those sending books and other articles to perfect copyright, to send them by mail or express; but, in either case, the charges are to be prepaid by the senders. without the deposit of copies above required, the copyright is void, and a penalty of $25 is incurred. no copy is required to be deposited elsewhere.
4. no copyright hereafter issued is valid unless notice is given by inserting in every copy published, on the title page or the page following, if it be a book; or, if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected as a work of the fine arts, by inscribing upon some portion of the face or front thereof, or on the face of the substance on which the same is mounted, the following words, viz.: entered according to act of congress, in the year ____, by ____, in the office of the librarian of congress, at washington.
the law imposes a penalty of $100 upon any person who has not obtained copyright who shall insert the notice “entered according to act of congress,” etc., or words of the same import, in or upon any book or other article.
5. any author may reserve the right to translate or dramatize his own work. in this case notice should be given by printing the words, right of translation reserved; or, all rights reserved, below the notice of copyright entry, and notifying the librarian of congress of such reservation, to be entered upon the record.
6. each copyright secures the exclusive right of publishing the book or article copyrighted for a term of twenty-eight years. at the end of that time, the author or designer, or his[410] widow or children, may secure a renewal for the further term of fourteen years, making forty-two years in all. applications for renewal must be accompanied by explicit statement of ownership in the case of the author, or of relationship in the case of his heirs, and must state definitely the date and place of entry of the original copyright.
7. the time within which any work copyrighted may be issued from the press is not limited by any law or regulation, but depends upon the discretion of the proprietor. a copyright may be secured for a projected work as well as for a completed one.
8. any copyright is assignable in law by any instrument of writing, but such assignment must be recorded in the office of the librarian of congress within sixty days from its date. the fee for this record is fifteen cents for every 100 words, and ten cents for every 100 words for a copy of the record of assignment.
9. a copy of the record (or duplicate certificate) of any copyright entry will be furnished under seal, at the rate of fifty cent each.
10. in the case of books published in more than one volume, if issued or sold separately, or of periodicals published in numbers, or of engravings, photographs, or other articles published with variations, a copyright is to be taken out for each volume of a book, or number of a periodical, or variety, as to size or inscription, of any other article.
11. to secure a copyright for a painting, statue, or model or design intended to be perfected as a work of the fine arts, so as to prevent infringement by copying, engraving, or vending such design, a definite description must accompany the application for copyright, and a photograph of the same, at least as large as “cabinet size,” must be mailed to the librarian of congress within ten days from the completion of the work.
12. every applicant for a copyright must state distinctly the name and residence of the claimant, and whether the right[411] is claimed as author, designer, or proprietor. no affidavit or formal application is required.
up to 1849 the secretary of state had the care of issuing copyrights. it was then assigned to the newly created department of the interior, and so remained until 1870, when it was transferred to the librarian of congress.
