Page:Copyright, Its History And Its Law (1912).djvu/200

168 were not from type set or plates made within the United States, was overruled; and for drama in Her- vieu v. Ogilvie in 1909, where in the U. S. Circuit Court in New York, Judge Martin cited with approval Judge Colt's decision. This ruling was also embodied in Treasury decision No. 21012 of April 17, 1899, per- mitting the importation of musical compositions copy- righted in the United States and printed abroad.

The Australian law, on the contrary, specifically includes under the definition of "book," a "drama- tic work" and a "musical work," and thus subjects both to the manufacturing clause. Printing and pub- lishing are required in Canada ("within one month after publication or production elsewhere") and in Newfoundland to obtain copyright under the local acts; and as drama is not mentioned but included generically as a book or literary composition, and music is specifically included, both dramatic and musical compositions must be manufactured within each country to obtain local, as distinguished from British or Imperial, protection.

The author of a dramatic, dramatico-musical, or musical composition should therefore be careful to make application in the United States under class (d) or (e) and not as a book under class (b). The fact that the law classifies under subsection (d) dramatic or dramatico-musical compositions and under sub- section (e) musical compositions, has caused the Copyright Office to prepare separate application forms and certificates for (D1) a dramatic composition, (D3) a dramatico-musical composition and (E1) a musical composition, "published"; as also for (D2) a dramatic composition (or a dramatico-musical composition) and (E2) a musical composition, "not reproduced for sale." It would seem advisable there- fore that the author of an opera, oratorio or the like,