Page:United States Statutes at Large Volume 35 Part 1.djvu/1093

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the United States similar rights: And provided further, and as a condition of extending the copyright control to such mechanical reproductions, Royalty to owner by manufacturer.That whenever the owner of a musical copyright has used or permitted or knowingly acquiesced in the use of the copyrighted work upon the parts of instruments serving to reproduce mechanically the musical work, any other person may make similar use of the copyrighted work upon the payment to the copyright proprietor of a royalty of two cents on each such part manufactured, to be paid by the manufacturer thereof; and Monthly Report.the copyright proprietor may require, and if so the manufacturer shall furnish, a report under oath on the twentieth day of each month on the number of parts of instruments manufactured during the previous month serving to reproduce mechanically said musical work, and royalties shall be due on the parts manufactured during any month upon the twentieth of the next succeeding month. The Effect of payment.payment of the royalty provided for by this section shall free the articles or devices for which such royalty has been paid from further contribution to the copyright except in case of public performance for profit: And provided further, Owner to file notice.That it shall be the duty of the copyright owner, if he uses the musical composition himself for the manufacture of parts of instruments serving to reproduce mechanically the musical work, or licenses others to do so, to file notice thereof, accompanied by a recording fee, in the copyright office, and any failure to file such notice shall be a complete defense to any suit, action, or proceeding for any infringement of such copyright.

Penalty for failure to pay royalty.In case of the failure of such manufacturer to pay to the copyright proprietor within thirty days after demand in writing the full sum of royalties due at said rate at the date of such demand the court may award taxable costs to the plaintiff and a reasonable counsel fee, and the court may, in its discretion, enter judgment therein for any sum in addition over the amount found to be due as royalty in accordance with the terms of this Act, not exceeding three times such amount.

Coin-operated machines.The reproduction or rendition of a musical composition by or upon coin-operated machines shall not be deemed a public performance for profit unless a fee is charged for admission to the place where such reproduction or rendition occurs.

Sec. 2. Rights at common law not impaired.That nothing in this Act shall be construed to annul or limit the right of the author or proprietor of an unpublished work, at common law or in equity, to prevent the copying, publication, or use of such unpublished work without his consent, and to obtain damages therefor.

Sec. 3. Component parts protected.That the copyright provided by this Act shall protect all the copyrightable component parts of the work copyrighted, and all matter therein in which copyright is already subsisting, but without extending the duration or scope of such copyright. The Composite works, etc.copyright upon composite works or periodicals shall give to the proprietor thereof all the rights in respect thereto which he would have if each part were individually copyrighted under this Act.

Sec. 4. All writings of author included.That the works for which copyright may be secured under this Act shall include all the writings of an author.

Sec. 5. Classification of applications.That the application for registration shall specify to which of the following classes the work in which copyright is claimed belongs:

(a)  Books, including composite and cyclopaedic works, directories, gazetteers, and other compilations;
(b)  Periodicals, including newspapers;
(c)  Lectures, sermons, addresses, prepared for oral delivery;
(d)  Dramatic or dramatico-musical compositions;
(e)  Musical compositions;
(f)  Maps;