Copyright progress

The American copyright code of 1909, comprehensively replacing all previous laws, a gratifying advance in legislation despite its serious restrictions and minor defects, places American copyright practice on a new basis. The new British code, brought before Parliament in 1910, and finally adopted in December, 1911, to be effective July 1, 1912, marks a like forward step for the British Empire, enabling the mother country and its colonies to participate in the Berlin convention. Among the self-governing Dominions made free to accept the British code or legislate independently, Australia had already adopted in 1905 a complete new code, and Canada is following its example in the measure proposed in 1911, which will probably be conformed to the new British code for passage in 1912. Portugal has already in 1911 joined the family of nations by adherence to the Berlin convention, Russia has shaped and Holland is shaping domestic legislation to the same end, and even China in 1910 decreed copyright protection throughout its vast empire of ancient and reviving letters. The Berlin convention of 1908 strengthened and broadened the bond of the International Copyright Union, and the Buenos Aires convention of 1910, which the United States has already ratified, made a new basis for copyright protection throughout the Pan American Union, both freeing authors from formalities beyond those required in the country of origin. Thus the American dream of 1838 of "a universal republic of letters whose foundation shall be one just law" is well on the way toward realization.

Field for the present treatise

In this new stage of copyright development, a comprehensive work on copyright seemed desirable, especially with reference to the new American code. Neither Eaton S. Drone nor George Haven Putnam were disposed to enter upon the task, which has therefore fallen to the present writer. He hopes that his participation for the last twenty-five years in copyright development,—during which, as editor of the Publishers' Weekly and of the Library Journal, he has had occasion to keep watch of copyright progress, and as vice-president of the American (Authors) Copyright League, he has taken part in the copyright conferences and hearings and in the drafting of the new code,—will serve to make the present volume of use to his fellow members of the Authors Club and to like craftsmen, as well as to publishers and others, and aid in clarifying relations and preventing the waste and cost of litigation among the coÖrdinating factors in the making of books and other forms of intellectual property.

Authorities and acknowledgments

The present work includes some of the historical material of the Bowker-Solberg volume of 1886, "Copyright, its law and its literature." This material has been verified, extended and brought up to date, especially in the somewhat detailed sketch of the copyright discussions and legislation resulting in the "international copyright amendment" of 1891 and the code of 1909. The volume is in this respect practically, and in other respects entirely new. It has had the advantage of the cordial co-operation of the copyright authorities at Washington, especially the Librarian of Congress, Herbert Putnam, and the Register of Copyrights, Thorvald Solberg; also of helpful courtesy from the Canadian Minister of Agriculture in the recent Laurier administration, Sidney Fisher, and the Canadian Registrar of Copyrights, P. E. Ritchie, and of Prof. Ernest RÖthlisberger, editor of the Droit d'Auteur, and one of the best authorities on international copyright. This acknowledgment of obligation is not to be taken as assuming for the work official sanction and authority, though so far as practicable, it reflects the opinions of the best authorities. The writer has also consulted freely—but it is hoped always within the limits of "fair use"—the best law book writers, especially Drone, Copinger, Colles and Hardy, and MacGillivray, to whom acknowledgment is made in the several chapters. Acknowledgment is also made for the courtesies of Sir Frederick Macmillan, G. Herbert Thring, secretary of the British Society of Authors, and others numerous beyond naming. But most of all the writer is indebted to the intelligent and capable helpfulness of Carl L. Jellinghaus, who as private secretary, has been both right hand and eyes to the writer, and besides participating in the work of research, is largely responsible for the index and other "equipment" of the volume.

Method and form

Copyright law is exceptionally confused and confusing, and even the new American and British codes are not without such defects. Specific subjects are so interdependent that it has been difficult to make clear lines of division among the several chapters, and there is necessarily repetition; it has been the endeavor to concentrate the main discussion in one place, designated in the index by black face figures, with subordinate references in other chapters. Ambiguities in the text of this volume often reflect ambiguities in the laws, particularly of foreign countries. Where acts, decisions, etc., are quoted in the text or given in the appendix, spelling, capitalization, punctuation, headings, etc., follow usually the respective forms, thus involving apparent inconsistencies. Side-headings in the appendix follow usually the official form, unless shortened to prevent displacement. Translations of foreign conventions follow usually the official text of the translation, but have been corrected or conformed in case of evident error or variance. Citation of cases is confined for the most part to ruling or recent cases or those of historic importance or interest. Though it has not been practicable to verify statements from the copyright laws of so many countries in divers languages, a fairly comprehensive and accurate statement of the status of copyright throughout the world is here presented. The present work, originally planned for publication in 1910, has been held back and alterations and insertions made to bring the record of legislation to the close of 1911. For those who wish to keep their copyright knowledge up to date, the Publishers' Weekly will endeavor to present information as to the English speaking world, and the monthly issues of the Droit d'Auteur of Berne, under the editorship of Prof. RÖthlisberger, will be found a comprehensive and adequate guide.

Advocates of authors' rights

The preparation of this work brings a recurring sense of the losses which the copyright cause has suffered during the long campaign for copyright reform, beginning in the American Copyright League, under the presidency of James Russell Lowell, and continued under that of Edmund Clarence Stedman, both of whom have passed over to the majority. Bronson Howard, always active in the counsels of the League as a vice-president, and the foremost advocate of dramatic copyright as president of the American Dramatists Club, failed, like Stedman, to see the fulfillment of his labors in the passage of the act of 1909. George Parsons Lathrop, Edward Eggleston, Richard Watson Gilder, "Mark Twain" and other ardent advocates of the rights of the author, gave large share of enthusiasm and effort to the cause. Happily the two men who for the last twenty years and more have labored at the working oar for the Authors League and for the Publishers League, are still active in the good work, ready to defend the code against attack and eager to forward every betterment that can be made; to Robert Underwood Johnson, the successor of the lamented Gilder as editor of the Century, and to George Haven Putnam, the head of the firm which still bears the name of his honored father, authors the world over owe in great measure the progress which has been made in America toward a higher ideal for the protection of authors' rights.

Copyright evolution

It may be noted that while throughout the British Empire English precedent is naturally followed, the more restrictive American copyright system has unfortunately influenced legislation in Canada and Newfoundland, and in Australia. France, open-handed to authors of other countries, has afforded precedent for the widest international protection and for the international term; while Spain, with the longest term and most liberal arrangements otherwise, has been followed largely by Latin American countries. The International Copyright Union has reached in the Berlin convention almost the ideal of copyright legislation, and this has been closely followed in the Buenos Aires convention of the Pan American Union. The world over, there seems to have been a general evolution of copyright protection from the rude and imperfect recognition of intellectual property as cognate to other property, for a term indefinite and in a sense perpetual, almost impossible of enforcement in the lack of statutory protection and penalties. Systems of legislation, at first of very limited term and of restricted scope, have led up to the comprehensive codes giving wide and definite protection for all classes of intellectual property for a term of years extending beyond life, with the least possible formalities compatible with the necessities of legal procedure. Unfortunately in the United States of America the forward movement which produced the "international copyright amendment" of 1891 and the code of 1909, conspicuously excellent despite defects of detail, was in some measure offset by retrogression, as in the manufacturing restrictions. Until this policy, which still remains a blot on the 'scutcheon, is abandoned, as the friends of copyright hope may ultimately be the case, the United States of America cannot enter on even terms the family of nations and become part of the United States of the world.

R. R. Bowker.

December, 1911.

Postscript. Since this book has been passing through the press, Cuba has been added to the countries in reciprocal relations with the United States with respect to mechanical music by the President's proclamation of November 27, 1911; Russia has made with France its first copyright treaty, in conformity with the new Russian code of 1911; and the new British code, referred to on p. 33, having passed the House of Commons August 17, passed the House of Lords December 6, and after concurrence by the House of Commons in minor amendments, mostly verbal, became law by Crown approval, December 16, 1911, as noted on p. 374. The text of the act in the appendix follows the official text as it now stands on the English statute books; the summary (pp. 374-80) describes the act as it became law—and the earlier references are in accordance therewith, with a few exceptions. These exceptions mostly concern immaterial changes, made in the House of Lords. Within January, 1912, Brazil has adopted a new measure for international copyright, and a treaty has been signed between the United States and Hungary, the twenty-fifth nation in reciprocal relations with this country.

CONSPECTUS OF COPYRIGHT BY COUNTRIES

Under the names of countries are given dates of the basic and latest amendatory laws. International relations are shown by the name in small caps of the convention city when a country is a party to the International Copyright Union or the Pan American conventions, and by the names of countries with which there are specific treaties, excepting those within the union or conventions. The general term of duration is entered, without specification of special terms for specific classes. Places of registration and deposit are indicated by R and D when these are not the same. The number of copies required and in some cases period after publication within which deposit is required are given in parentheses. Notice of copyright or of reservation is indicated. Special exceptions or conditions are noted so far as practicable under remarks. An asterisk indicates that specific exceptions exist.

The International Copyright Union includes (A) under the Berlin convention, 1908 (a) without reservation Germany, Belgium, Luxemburg, Switzerland, Spain, Monaco, Liberia, Haiti, Portugal, and (b) with reservation France, Norway, Tunis, Japan; (B) under the Berne convention, 1886, and the Paris additional act and interpretative declaration, 1896, Denmark, Italy; (C) under the Berne convention, 1886, and the Paris additional act, 1896, Great Britain; (D) under the Berne convention, 1886, and the Paris interpretative declaration, 1896, Sweden. The Pan American conventions agreed on at Mexico City, 1902, Rio de Janeiro, 1906, and Buenos Aires, 1910, have not been ratified except that of Mexico by the United States and by Costa Rica, Guatemala, Honduras, Nicaragua, Salvador, and doubtfully by Cuba and Dominican Republic; that of Rio by a few states insufficient to make it anywhere operative; and that of Buenos Aires by the United States. The South American convention of Montevideo, 1889, has been accepted by Argentina, Paraguay and Uruguay, Peru and Bolivia, and has the adherence (in relation with Argentina and Paraguay only) of Belgium, France, Italy and Spain. The five Central American states have a mutual convention through their Washington treaty of peace of 1907.

Countries Dates of laws	International relations	Duration	Registration and Deposit	Notice	Remarks
North America: English
North America (English-speaking)
United States 1909	Mexico, B. Aires, Gt. Brit., Belg., China, Den., Fr., Ger., It., Jap., Lux., Nor., Sp., Swe., Switz., Aust., Hol., Port., Chile, Costa R., Cuba, Mex.	28+28	Library of Congress (2 "promptly")	"Copyright, 19—, by A. B." or statutory equivalent	Manufacture within U.S. for books, etc.
Canada 1875-1908 [1912 ?]	See Gt. Brit.* (Aus.-Hung. excepted)	28 + 14	Dept. of Agriculture: Copyright Branch (3)	"Copyright, Canada 19—, by A. B." or signature of artist	Printing and publ. within Canada.*
Newfoundland 1890-1899	See Gt. Brit.	28 + 14	Colonial Sec. (2)	"Entered, Newf.... by A. B." etc. or signature of artist	Printing and publ. within Newf.*
Canal Zone (U.S.)	See U.S.
Porto Rico (U.S.)	See U.S.
Jamaica (Br.) 1887	See Gt. Brit.	Life+7 or 42*	(3 or 1* within mo.)	None
Trinidad (Br.) 1888	SeeGt.Brit.	Life + 7 or 42*	Registrar of copyright (3 within mo.)	None
Europe: English
Europe
Great Britain & Ireland D 1842-1906 I 1844-1886 [1911]	Berne-Paris A U.S., Aus.-Hung.*	Life + 7 or 42* [Life + 50*]	R Stationers Hall (before suit)* D British Museum (1) + 4 library copies (on demand)*	None* [None] [No registration]	First or simultaneous publication [In effect 1912]
Isle of Man 1907	See Gt. Brit.
Channel Isles	See Gt. Brit.
French
France 1793-1910	Berlin* Montv.* U.S., Aus-Hung., Hol., Port., Mont., Roum., Lat. Amer.	Life + 50*	D Ministry of Interior or prefecture (2 before suit)*	None
Belgium 1886	Berlin, Montv.* U.S., Aus., Hol., Port., Roum., Mex.	Life + 50	None*	None*
Luxemburg 1898	Berlin U.S.	Life + 50*	None*	None* (res. playr.)
Holland 1881 [1912?]	U.S., Belg., Fr.	50 or life*	Dept. of Justice (2 within mo.)	None* (res. trans. playr.)	Printing within Holland
German
Germany 1901-1910	Berlin U.S., Aus.-Hung.	Life + 30*	None*	None*
Austria 1895, 1907	Hung., U.S., Gt. Brit.,* Belg. Den, Fr., Ger., It., Roum., Swed.	Life + 30*	None*	None* (res. trans. photos, mus.)
Hungary 1884	Aust., Gt. Brit.,*Fr., Ger., It.	Life + 50*	None*	None* (res. trans. photos)
Scandinavian
Switzerland 1874, 1883	Berlin U.S.	Life + 30*	R. Office of Intel. Prop. optional*	None* (res. playr.)
Denmark 1865-1911	Berne-Paris U.S., Aus.	Life + 50*	None*	None* (photos,res. music)
Iceland (Den.) 1905	See Denmark				As in Denmark
Norway 1877-1910	Berlin* U.S.	Life + 50*	None*	None* (photos, res. music)
Sweden 1897-1908	Berne-Paris D U.S., Aus.	Life + 50*	None	None* (photos, res. playr.)
Russian
Russia 1911	France	Life + 50*		None* (photos,res. trans.mus.)
Finland 1880	None	Life + 50*	None*	None*
Southern
Spain 1879-1896	Berlin, Montv.* U.S., Port., Lat. Amer.	Life + 80*	Register of Intel. Prop. (3 within one year*)	None*	Special provisions
Portugal 1867, 1886	Berlin U.S., It., Sp., Bra.	Life + 50*	Pub. Lib.* (2 before pub.)	None
Italy 1882, 1889, 1910	Berne-Paris Montv.* U.S., Aus.-Hung., Mont., Port., Roum., San. Mar., Lat. Amer.	Life or 40* + 40*	Prefecture (3 within 3 months)*	None* (res. trans.)	Added 40 yrs. on royalty of 5 p. c.
Europe: Minor States
San Marino	See Italy				As in Italy
Monaco 1889, 1896	Berlin	Life + 50*	None	None*
Greece 1833-1910	None	15 + *	D (4 within10 days*)
Malta, Cyprus, etc. (Br.)	See Gt. Brit.	Life + 7 or 42*	D (3 within mo.)
Balkan States
Montenegro	Fr., It.				Uncertain protection
Bulgaria 1896?					Uncertain protection
Servia					No protection
Roumania 1862-1904	Aus., Belg., Fr., It.	Life + 10	R. Min. of Instruc.
Turkey 1910	None	Life + 30*	Min. of Pub. Instruc. (3)*	None.
Asia
Asia
Japan 1899, 1910	Berlin* U.S.,* China	Life + 30*	R. Ministry of Int. (before suit)	None*
Korea 1908	See Japan				As in Japan
China 1910	U.S.,* Japan	Life + 30*	Ministry of Int. (2)
Hong Kong (Br.)	See Gt. Brit.	Life + 7 or 42*	D (3 within mo.)
Philippines (U.S.)	See U.S.
India, British 1847, 1867	See Gt. Brit.	Life + 7 or 42*	D (3 within mo.)	Printer's and publisher's name on work
Ceylon, etc. (Br.)	See Gt. Brit.	Life + 7 or 42*	D (3 within mo.) (4 within yr.)
Siam 1901	None	Life + 7 or 42*
Persia	None				No protection
Africa
Africa
Egypt	None	Indefinite			Court protection
Tunis 1889	Berlin*	Life + 50*			As in France
Algeria (Fr.)	See France
Sierra Leone, etc. (Br.) 1887	See Gt. Brit.	Life + 7 or 42*	D (3)*
Liberia	Berlin	Indefinite			Without specific law
Congo Free State	Belg., Fr. (extradition)				Punishes fraud only
So. Africa (Br.)	See Gr. Brit.* Aus.-Hung., excepted
Cape Colony 1873-1895		Life + 5 or 30*	Registrar of Deeds D (4 within mo.)*
Natal 1895-1898		Life + 7 or 42*	Colonial Sec., D (2 within 3 mos.)*
Transvaal, etc. 1887		50 or life*	Registrator D (3 within 2 mos.)*	Reserv. of playr. and trans.	Printing within colony*
America, Latin: Mexico Central America
Latin America
Mexico 1871, 1884	U.S., Dom. Rep., Ecu., Belg., Fr., It., Sp.	Perpetuity*	R. Min. Pub. Instruc. D (2)*	None* (res. trans.)
Costa Rica 1880-1896	Mexico U.S., Sp., Fr. Guat., Sal., Hon.	Life + 50*	Office of Pub. Libs. (3)* within yr.*	None
Guatemala 1879	Mexico Sp., Fr., Costa R.	Perpetuity	Min. of Pub. Educ. (4)*	(res. trans.)
Honduras 1894, 1898	Mexico Costa R.	Indefinite			No specific law
Nicaragua 1904	Mexico It.	Perpetuity*	Min. of Agric. (6*)	(res. trans.)
Salvador 1886, 1900	Mexico Sp., Fr., Costa R.	Life + 25*	D Min. of Agric. (1 before pub.)	None	Publication within country
Panama 1904	None	Life + 80			As in Colombia
West Indies
Cuba 1879-1909	Mexico? U.S., It.	Life +80*	Dept. of State (3)	None
Haiti 1885	Berlin	Life + *	D Dept. of Int., (5 within yr.)	None
Dominican Rep. 1896	Mexico? Mex.	Uncertain
South America
Brazil 1891-1901	Portugal	50* from the 1st Jan. of yr. of pub.	Nat. Lib. (1 within 2 yrs.)	None* (res. playr.)
Argentina 1910	Montevideo Belg., Sp., Fr., It.	Life + 10*	Nat. Lib. (2 within 15 or 30 days)	None*
Uruguay 1868	Montevideo	Indefinite			No specific law
Paraguay 1870, 1881, 1910	Montevideo Belg., Sp., Fr., It.		Public registries	Under penal code
Chile 1833-1874	U.S.	Life + 5*	D Nat. Pub. Lib. (3)*	None
Peru 1849, 1860	Montevideo	Life + 20*	D Pub. Lib. (1) + Dept. Pref. (1)	None
Bolivia 1834, 1909	Montevideo Fr.	Life + 30*	R Min. of Pub. Instruc. D Pub. Lib. (1 within yr.)
Ecuador, 1884, 1887	Sp., Fr., Mex.	Life + 50*	Min. of Pub. Educ. (3 within 6 mos.)*	None* (res. playr.)
Colombia 1886, 1890	Sp., It.	Life + 80*	Min. of Pub. Educ. (3 within yr.)*	None
Venezuela 1894, 1897	None.	Perpetuity	Registry (6)	Notice of patent
Australasia
Australasia
Australia (Br.) 1905	See Gt. Brit.* Aus.-Hung. excepted	Life + 7 or 42*	Commonwealth Copyr. Office D (2)	Reserv. performing right
New Zealand (Br.) 1842-1903	See Gt. Brit.	28 or life*	R Registrar of Coprs.* D libr. of Gen. Assem. (for plays only)
Hawaii (U.S.)	See U.S.

ginternal">128—Name, 129—Date, 129—Accidental omission, 130—Place of notice, 131—One notice sufficient, 131—Separate volumes, 132—Different dates, 133—Extraterritorial notice, 133—Successive editions, 134—False copyright notice, 134—Ad interim protection, 135—Substitution of name, 135—Registration, 136—Rules and regulations, 136—Application, 136—Certificate, 136—Application requirements, 137—Illustrations, 138—Periodicals, 138—Application cards, 139—Certificate cards, 140—Fees, 141—Deposit, 142—Fragment not depositable, 143—Typewriting publication and deposit, 143—Legal provisions, 143—Failure to deposit, 144—Forfeiture by false affidavit, 144—Works not reproduced, 144—Second registration, 145—Free transportation in mail, 145—Loss in mail, 145—Foreign works, 146—Ad interim deposit, 146—Completion of ad interim copyright, 147—Omission of copyright notice, 148—Books only ad interim, 148—Exact conformity required, 149—Expunging from registry, 150—British formalities, 150—New British code, 151—Other countries, 151—International provisions, 152.