Page:Encyclopædia Britannica, Ninth Edition, v. 6.djvu/396

Rh 360 COPYRIGHT and by his acts so far as they indicate what that intention was. If at that time he intended to remain there and make the country his place of permanent abode, his home, he becomes during the continuance of that intention a resident within the meaning of the Act, though he may afterwards change his mind and return to his native land. How long such intention shall continue the courts have not deter- mined ; but if it exists bona fide at the time of recording the title, valid copyright vests, and will not be defeated by any subsequent acts or change of mind on the part of the claimant. On the other hand, if a foreign author should come to the United States intending to stay temporarily, although with that intention hs should actually remain a year or ten years, he would be a mere sojourner, and would not acquire a residence within the meaning of the Act. To determine thus the intention in the mind of a person will in many cases be attended with difficulty and even with fraud. It is a question of fact for the jury, whose finding will determine the law. In case of a work composed jointly by a foreign and a native author, and copyrighted by either one or both, the copyright in the part contributed by the foreign author if it could be distinguished, would not be valid. The assignee although a citizen of a foreign author, can ac quire no more rights under the statute than the latter has. There is, however, nothing in the statute to prevent a citizen or resident from acquiring copyright in certain works of art which he has purchased from a foreign author. By section 4952 copyright is vested in &quot; any citizen of the United States, or resident therein, who shall be the author, inventor, designer, or proprietor of a book, map, chart, dramatic or musical composition, engraving, cut, print, photograph, or negative thereof, or of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts.&quot; Under this section any &quot;proprietor,&quot; who is a citizen or resident, might acquire copyright in a work purchased from a foreign author. But a subsequent section, 4971, declares that nothing in the Act &quot;shall be construed to prohibit the printing, publishing, importation, or sale of any book, map, chart, dramatic or musical composition, print, cut, engraving, or photograph, composed or made by any person not a citizen of the United States nor resident therein.&quot; This language clearly disqualifies a foreigner, or any one deriving title from him, from acquiring in the United States copy right in the works mentioned. But no mention is made of paintings, drawings, chromos, statues, statuary, models, or designs which are included in the previous section. Whether this omission is intentional or otherwise cannot be determined from the Act, but in the absence of any judicial V,T legislative light on this point, the only sound interpreta tion would seem to ba that if a citizen or resident of the United States, having purchased from a foreign author any work of art of these classes, should take the requisite steps to secure copyright therein, his title would be valid. A citizen of the United States may acquire copyright while temporarily resident in a foreign country. Tae same liberal construction given to the word &quot; book&quot; by the English courts has been accepted in the United States. A brief literary composition on a single sheet may be copy righted as a book. There is no special provision concerning copyright in an encyclopedia, review, magazine, or periodical as is prescribed by sections 18 and 19 of the 5 and G Viet. c. 45. Such works are protected in the same manner as books. In the absence of special agreement to the contrary, the copyright of an article contributed to a magazine or other periodical would doubtless remain with the author for all purposes which would not deprive the purchaser of any advantage arising from its publication in the magazine. The right of subsequent publication in book form would belong to the author and not to the owner of the periodical. Such publication might be made at any time after the issue of the magazine, provided the circulation of the latter was not thereby injured. In practice newspapers are not copy righted; hence any uncopyrighted article first published in a newspaper becomes publici juris, and valid copyright could not be subsequently obtained for it. But either the entire newspaper or any article published in it may be copy righted by a compliance with the general statutory provisions relating to books. Authors may reserve the right to dramatize or to translate their own works, by printing a notice to that effect in the book. The copyright law does not protect a title independently of the book ; but a title may be registered as a trade mark, or its unlawful use may be restrained on the general principles of equity. Nor is there any provision in the copyright law, as in England, for the protection of designs for industrial pro ducts. The statute of 1874 prescribes that the words &quot; engraving,&quot; &quot; cut,&quot; and &quot; print &quot; shall be applied only to pictorial illustrations or works connected with the fine arts, and that no prints or labels designed to be used for any other articles of manufacture shall be entered under the copyright law, but must be registered in the patent office. The statute now in force grants to authors, and their executors, administrators, or assigns, copyright for twenty- eight years from the time of recording the title. At the expiration of that period the author or his widow or children may obtain an additional term of fourteen years. In order to secure copyright every applicant is required to perform three acts : 1st, before publication to transmit to the librarian of Congress in Washington a printed copy of the title of the book, map, chart, dramatic or musical com position, engraving, cut, print, or photograph, or a descrip tion of the painting, drawing, chromo, statue, statuary, model, or design ; 2d, within ten days after publication to send to the same official two copies of such book or other article, or in the case of a painting, drawing, statue, model, or design a photograph thereof ; 3d, to print on the title page, or the page next following, of every copy of a book, or in the case of a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, model, or design to inscribe upon some visible portion of it, or upon the substance upon which it is mounted, the notice of entry for copyright in the form prescribed. Two forms are prescribed, cither of which may be used : 1. &quot; Entered, according to Act of Congress, in the year by, in the office of the librarian of Congress at Washington;&quot; 2. &quot;Copyright 18. . by &quot;. The year when the copyright was entered and the name of the person, persons, or firm by whom entered are to be given. Compliance with all these conditions is essential to valid copyright. Until they are performed an action at law for infringement cannot be maintained. But equity will protect the copyright as soon as the title is recorded, and before the performance of the other two requisites. When the right is perfected an action at law may be maintained for any infringement after the recording of the title. A penalty of $25 is further prescribed for failure to deliver to the librarian of Congress, within ten days after publication, two copies of the best edition of the book, or description or photograph of the other articles above mentioned, and a copy of every subsequent edition containing substantial changes. A penalty of $100 is imposed upon any person who causes notice of copyright to be inserted in a book, or impressed upon any other article for which a copyright has not been obtained. The fee for securing copyright is 50 cents, to be paid to the librarian for recording the title. A copy of such record may be obtained for 50 cents. The librarian receives $1 for recording and certifying an