SEC. 2. That for recording and certifying any instrument of writing for the assignment of a copyright, the Librarian of Congress shall receive from the persons to whom the service is rendered, one dollar; and for every copy of an assignment, one dollar; said fee to cover, in either case, a certificate of the record, under seal of the Librarian of Congress; and all fees so received shall be paid into the Treasury of the United States. SEC. 3. That in the construction of this act, the words " Engraving," cut" and "print" shall be applied only to pictorial illustrations or works connected with the fine arts, and no prints or labels designed to be used for any other article of manufacture shall be entered under the copyright law, but may be registered in the Patent Office. And the Commissioner of Patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in conformity with the regulations provided by law as to copyright of prints, except that there shall be paid for recording the title of any print or label not a trade-mark, six dollars, which shall cover the expense of furnishing a copy of the record under the seal of the Commissioner of Patents, to the party entering the same. SEC. 4. That all laws and parts of laws inconsistent with the foregoing provisions be and the same are hereby repealed. SEC. 5. That this act shall take effect on and after the first day of August, eighteen hundred and seventy-four. Approved, June 18, 1874. Provisions of the Revised Statutes of the United States which, with section 4970 (ante, p. 39), govern Jurisdiction in Copyright Cases. SEC. 629. The circuit courts shall have original jurisdiction as follows: First. Of all suits of a civil nature at common law or in equity, where the matter in dispute, exclusive of costs, exceeds the sum or value of five hundred dollars, and an alien is a party, or the suit is between a citizen of the State where it is brought and a citizen of another State. Ninth. Of all suits at law or in equity arising under the patent or copyright laws of the United States.* SEC. 699. A writ of error [to the Supreme Court of the United States] may be allowed to review any final judgment at law, and an appeal shall be allowed from any final decree in equity hereinafter mentioned, without regard to the sum or value in dispute : First. Any final judgment at law or final decree in equity of any circuit court, or of any district court acting as a circuit court, or of the supreme court of the District of Columbia, or of any Territory, in any case touching patent-rights or copyrights.+ CONVENTION OF THE INTERNATIONAL COPYRIGHT UNION. they are or are not published in one of these countries, the rights which the respective laws of those countries now accord or shall subsequently accord to their own countrymen. THE following is a translation of the Conven-, in the other countries, for their works, whether tion of agreement and protocols of the final (third) | International Conference for the Protection of Literary and Art Works held at Berne, Switzerland, September 6 to 9, 1886. The delegates of Germany, Belgium, Spain, France, Great Britain, Hayti, Italy, Liberia, Switzerland, and Tunis signed the compact, and by virtue of the ratifications exchanged at Berne on Sept. 5, 1887 (Spain | exepted), the convention went into operation (at the expiration of three months) on Dec. 5, 1887. ARTICLE I. The contracting countries are constituted a Union for the protection of the rights of authors in their literary and artistic works. ARTICLE II. Authors within the jurisdiction of one of the countries of the Union, or their heirs, shall enjoy The enjoyment of these rights is dependent upon the fulfilment of the conditions and formalities prescribed by the laws of the country of origin, and may not exceed in other countries the term of protection accorded in the said country of publication. The country of origin of a work is defined to be that of first publication; or if publication is simultaneous in several countries of the Union, the one in which the law accords the shortest term of protection. For unpublished works the country to which the author belongs is considered the country of origin. ARTICLE III. The stipulations of the present Convention hold good for the publishers of literary or artistic works published in any country of the Union, although the author may belong to a country not a party. ARTICLE IV. The expression "literary and artistic works" includes books, pamphlets, or any other writings; dramatic and dramatico-musical works, musical compositions with or without words; works of design, of painting, of sculpture, of engraving; lithographs, illustrations, geographical maps; plans, sketches, and plastic works relating to geography, topography, architecture, or the sciences in general; in fact, every production in the domain of literature, science, or art, which may be published by whatever process of printing or reproduction. ARTICLE V. Authors belonging to one of the countries of the Union, or their heirs, enjoy the exclusive right to translate or authorize the translation of their works up to the expiration of ten years from the date of publication in one of the countries of the Union. For works published in parts, the ten years date from the last instalment of the original work. For works composed of several volumes published at intervals, as also in case of bulletins and pamphlets published by literary or scientific societies or by private individuals, each volume, bulletin, or pamphlet shall be considered a separate work in respect to the period of ten years. The date of publication shall be considered the 31st of December of the year in which the work is published. ARTICLE VI. Lawful translations are protected as original works. They enjoy, consequently, the protection stipulated in Articles 2 and 3 in all that concerns their unauthorized reproduction in one of the countries of the Union. It is understood that in case of a work where the right of translation is public property, the translator cannot interfere with its translation by other writers. ARTICLE VII. Articles in newspapers or periodicals published in any country of the Union may be reproduced, in the original or in translation, in the other countries of the Union, unless the author or publisher has expressly interdicted it. For magazines it is sufficient that the interdiction be made in a gen eral manner at the head of each number of the magazine. In any event, this interdiction does not apply to political articles, or the news of the day, or current notes. ARTICLE VIII. The right to make selections from literary or artistic works to be used in education or having a scientific character, or for chrestomathies,* is left to the legislation of the countries of the Union and to special arrangements existing or to be concluded between them. ARTICLE IX. The stipulations of Article 2 apply to the public representation of dramatic or dramatico-musical works, whether such works are published or not. Authors of dramatic or dramatico-musical works, or their heirs, are protected against unauthorized public representation of a translation of their works during the term of their exclusive right of translation. The stipulations of Article 2 apply also to the public performance of musical works, unpublished, or which have been published, but of which the author has expressly mentioned on the title or at the beginning of the work that public performance is interdicted. ARTICLE X. Among unlawful reproductions are specially included unauthorized indirect appropriations of a literary or artistic work known as adaptations,. arrangements of music, etc., when these are but the reproduction of such work in the same form, or in another form, with only non-essential changes, additions, or abridgments, without in any wise presenting the character of a new original work. It is understood that in the application of the present article, the tribunals of the various countries of the Union shall take account, in each case, of the provisions of their respective laws. ARTICLE XI. That authors of works protected by the present Convention may enjoy the rights conceded to them, it suffices that their names be placed on their works in the usual manner. For anonymous or pseudonymous works the publisher whose name appears on the work has the right to protect the rights appertaining to the author. He is without other proof considered the representative of the anonymous or pseudonymous author. It is understood that the tribunals of the different * A selection of passages, with notes, etc., to be used in acquiring a language.-Webster. countries may exact a cetificate furnished by the proper authorities that all the conditions and formalities required by Article 2 have been complied with in the country of origin. ARTICLE XII. Any reprint may be seized at importation in any country of the Union where the original work has a right to legal protection. The confiscation shall be made conformably to the domestic legislation of each country. ARTICLE XIII. It is understood that the provisions of the present Convention shall not prejudice in any way the rights of the government of each country of the Union to permit, oversee, or forbid the circulation, representation, and exhibition of any work in regard to which the proper authorities might exercise their authority. ARTICLE XIV. The provisions of the present Convention apply to all works which have not become public property in the country of origin at the time of its going into effect. ARTICLE XV. The governments of the countries of the Union reserve the right to agree separately as to special arrangements allowing authors and their representatives more extended rights than are accorded by the Union, or to make stipulations of any kind not contrary to the present Convention. ARTICLE XVI. An international office is instituted, under the name of "The Bureau of the International Union for the Protection of Literary and Artistic Works." The expenses of this Bureau are paid by the administrations of all the countries. . The Bureau will be under the general authority of the Swiss Confederation, and its functions will be determined by the common consent of the countries of the Union. ARTICLE XVII. The present Convention may be revised with a view to perfecting the system of the Union. Questions of this nature will be decided in the conferences which will be held successively in the various countries of the Union which shall be represented by delegates. No changes shall be considered valid unless they receive the unanimous vote of all the countries. ARTICLE XVIII. Countries which have not taken part in the present Convention and which assure legal protection to authors at home, will be admitted upon their request. The delegates also signed the following additional agreement : The Convention concluded to-day in no way effects other already existing Conventions between the contracting countries, which confer on authors wider rights than those given by the Union, or make special stipulations not contrary to this Convention. At the time of signing it was further provided: I. Relating to Article 4, it is agreed that in those countries of the Union recognizing photographic works as artistic productions, they shall be admitted to all the privileges of the Convention. The legislatures shall not be held responsible for the protection of said works except so far as the international laws existing, or to be formulated, hold them responsible. It is understood that an authorized photograph of a work of art is protected in all the countries of the Union as long as the work itself, subject of course to private arrangements between authors and their representatives. II. Relating to Article 9 it is agreed that in those countries of the Union admitting chore I graphic works as dramatico-musical productions, such works shall enjoy all the privileges granted by the Convention. It is agreed beforehand that all disputes arising from this clause shall be referred to special arbitration by the respective tribunals. III. It is understood that the manufacture and sale of instruments serving to reproduce mechanically the airs borrowed from protected musical works shall not be considered an infringement of musical copyright. IV. The agreement provided by Article 14 is thus interpreted: The workings of the rules of the Convention in regard to books which have not become public property will be according to the stipulations contained in special agreements concluded or still to be concluded. If such stipulations are missing between countries of the Union, such countries shall decide, each one for itself, how the rules of Article 14 shall be interpreted. V. The organization of the International Bureau provided by Article 16 shall be planned by the Government of the Swiss Confederation. The official language of the International Bureau shall be French. The International Bureau shall gather and collate all information relating to the rights of authors and shall publish such information. It shall issue a periodical in the French language concerning the objects and interests of the Union. The various governments of the countries of the Union reserve the right to publish such reports in other languages should experience prove this necessary. The International Bureau shall be ready at any time to furnish members of the Union all information regarding the protection of literary and artistic works of which they may stand in need. The administration of the country in which a Conference is to be held will prepare with the International Bureau the plan and workings of said Conference. The Director of the International Bureau shall be present at the meetings of the Conferences and shall take part in the discussion without having a vote. He must also make an annual report, which shall be communicated to all the members of the Union. The expenses of the International Bureau shall be defrayed in common by all the countries interested. Until otherwise provided for, they shall not exceed the sum of 60,000 francs (12,000 dollars) a year. This sum may be increased by a simple vote at one of the Conferences provided for by Article 17. To determine the relative proportion of ex pense to be paid by any country, the countries shall be divided into six classes, and the sum total divided among them. [Germany, France, Great Britain, and Italy have been declared in the first class, Spain in the second, Belgium and Switzerland in the third, Hayti in the fifth, and Tunis in the sixth.] Every country shall declare, the moment it joins, in which class it asks to be registered. The Swiss administration prepares the budget of the Bureau and oversees the expenses, advances the necessary funds and makes out the annual accounts, which are communicated to all the other administrations. The next conference shall be held at Paris about four or six years after the rules of the Convention go into force. The French Government shall fix the date, after consulting with the International Bureau. It is decided that for exchanges of ratifications as provided in Article 21, each contracting party shall furnish a document which shall be placed in the archives of the Government of the Swiss Confederation. Each party shall receive a copy of. the proceedings, signed by plenipotentiaries who have taken part in the Convention. The present protocols of closing session shall be ratified at the same time as the Convention, and shall be considered an integral part of the same, and have the same value and duration. In view of which the plenipotentiaries have furnished it with their signature. ADDITIONAL PROVISIONS. It is further provided in what concerns the accession of colonies or foreign possessions as pro| vided in Article 19 of the Convention: The plenipotentiaries of his Catholic Majesty, the King of Spain, reserve the right to withhold his decision until the moment of exchanging ratifications. The plenipotentiary of the French Republic declares that the accession of his country carries with it the accession of all the colonies of France. The plenipotentiaries of her Britannic Majesty declare that the accession of Great Britain includes the United Kingdom of Great Britain and Ireland and all the colonies and foreign possessions of her Majesty. They reserve for the English Government the right to give notice at any time of withdrawal by one or more of the following colonies or possessions, as provided in Article 20, to wit: the Indies, the dominion of Canada, Newfoundland, The Cape, New South Wales, Victoria, Queensland, Tasmania, New Zealand, and Central and Western Australia. THE CHACE BILL. That in Section 4954 the words "and a citizen of the United States or resident therein" shall be That in Section 4967 the words "if such author or proprietor is a citizen of the United States or resident therein” shall be stricken out. That Section 4971 be and it is hereby repealed. That in Section 4964 the words " publish or import" shall read “ publish, dramatize, translate, or import," and the words "so printed, published, or imported" shall read " Iso printed, published, dramatized, translated, or imported." SEC. 2.-That at the end of Section 4956 the following clause be inserted : may reserve the right to dramatize or translate THE "Chace bill," understood to have been their own works" in the same section shall be originally drafted by Mr. Henry C. Lea, of stricken out, and in lieu thereof shall be inserted Philadelphia, was introduced into the Senate (as "authors or their assigns shall have the excluSenate Bill No. 1178) January 21, 1886, by Sena- | sive right to dramatize and translate any of their tor Jonathan Chace, of Rhode Island, who has works for which copyright shall have been obshown his earnest desire to promote the passage tained under the laws of the United States." of an international copyright measure acceptable to all concerned. The original bill provided that a foreign book should be entered for copy-stricken out. right record "not more than fifteen days subsequent to its publication in the country of its origin,” and that copyright should be completed by deposit within three months after record of two copies of "the best American edition;" made the copyright void in case the American manufacturer should abandon publication; prohibited importation of any articles so copyrighted; and required the Librarian of Congress to furnish to the Treasury material for a weekly list of such copyrights, for which he was to receive $1000 additional compensation. The bill was referred to the Committee on Patents, who gave a hearing to authors and others January 28 and 29, 1886. The committee afterward reported the bill favorably to the Senate, with modifications providing that the record should be made not later than the day of publication abroad, substituting the more definite phrase "the best edition printed in the United States; " authorizing the Librarian of Congress to employ an additional clerk at $1200 instead of providing extra compensation as above; providing that in the case of books in serials, copyright should not be given on those whose publication had already commenced; omitting the voiding clause, but still retaining the absolute non-importation clause. In this shape the bill was re-introduced (as Senate bill No. 554) by Senator Chace into the new Congress, December 12, 1887. The non-importation clause was opposed by the authors and the reading public as represented by the press, and a proposition to limit the importation to 250 copies was considered unworkable by most publishers, but at a joint meeting of committees of the two Leagues (authors' and publishers') it was agreed to get over all these difficulties by recommending the acceptance of simultaneous publication and American manufacture as the most satisfactory compromise. Amendments were accordingly drafted by Mr. G. W. Green and Mr. A. T. Gur-copyrighted, the prohibition of importation shall litz, counsel for the two Leagues, which are understood to be personally acceptable to Senator Chace and likely to be adopted. As amended, the bill stands as follows, amendments in italics: Be it enacted, etc. SECTION 1.-That in Section 4952 of the Revised Statutes the words "any citizen of the United States or resident therein, who shall be" shall be stricken out. The words" and authors | Provided, that if the author, designer, or composer of the article for which a copyright is applied for be not a citizen of the United States or resident therein, then the title or description of such book or other article shall be delivered as above in the office of the Librarian of Congress, not later than the day of its publication in the country of its origin; and in case of a book, printed musical composition, or photograph, two copies of the best edition of the same printed in the United States shall be deposited with the Librarian of Congress not later than the day of its publication in the country of its origin, in default whereof such copyright shall be held void and of no effect; and, after the delivery of such title or dcscription and the deposit of the copies as above, during the existence of such copyright the importation of any object so copyrighted into the United States shall be, and it is hereby, prohibited, unless the consent of the proprietor of such copyright shall first have been obtained in viriting, signed in the presence of two or more witnesses; and all officers of customs and postmasters are hereby required to seize and detain all copies of such copyrighted articles as shall be entered at the custom-houses or transmitted in the mails of the United States without such consent so executed as above provided; but in the case of books in foreign languages of which translations in English are apply only to the translations of the same, and the importation of the books in the original shall be permitted, unless the title or description of the original shall also be deposited with the Librarian of Congress as above provided, and two copies of the best edition thereof printed in the United States shall also be delivered to the Librarian of Congress within three months after the date of the delivery of such title or description. |