Page:The New International Encyclopædia 1st ed. v. 05.djvu/461

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COPYBIGHT. 399 COPYRIGHT. lislied works, nor does it arise in favor of an author nieiely by virtue of his authorship. It is a peculiar privile<;e, which can be had for the asking, but which is not conferred on those who do not seek it. It is still possible for an author or an artist to dedicate the productions of his genius to the public. Having; once done this by publishing his work, he is precluded from setting up an exclusive title to it thereafter. In other words, the steps requisite to secure copyright of any work entitled thereto must be taken in ad- vance of publication. The process of obtaining a copyright is very simple, consisting only in the deposit in the Library of Congress at Wasliing- ton, not later than the day of its publication in this or any other country, of a copy of the title- page and two copies of the book or other work to be copyrighted, and printing on the book or other work and on all reproductions there- of a notice that the copyright has been secured, together with the date thereof. In Great Brit- ain, on the other hand, copyright attaches, without previous application therefor, in favor of all books, etc.. first published in the United Kingdom. The right does not exist and cannot l)e acquired in favor of works previously pub- lished elsewhere. The English statute provides for registi'ation at Stationers' Hall, not as a prerequisite to the existence of copyright, but as a preliminary to a suit for its infringement. IXTER>ATloNAL COPYRIGHT. As already stated, copyright is a matter of only national and local concern. The granting of copyright by one na- tion to the productions of citizens of another has resulted as a slow development from influences that first began to have efi'ect about the begin- ning of the nineteenth century. ( For a histori- cal treatment of this, see Liter.ry Property.) At the present time many of the leading States of Europe have granted international copyright, mostly under specific conditions of time or place of publication. In Great Britain, the copyright law now in force is in substance that of .5 and Victoria, c. 45. The international provisions are contained in the acts of 1844. 18.52. 187.5, 1886, and the order in council of 1887. confirming the Bern convention. The decision given in .Tune, 1891, by the law officers of the Crown that citi- zens of the United States could secure copyright throughout the territory of the British Empire by compliance with the provisions of the British statute, enabled President Harrison to include Great Britain in the proclamation of .July 1, 1891. in the list of States the citizens of which could secure copyright in the United States under the act of Jlarcii. 1891. The term is for the life of the author and seven years, or for forty-two years from the date of first publication, which- ever may be the longer. The Privy Council is given the authority to license the republication of books which after the death of the author the owner of the copyright may have declined to keep in print. There seems to be no record of editions of any books having been brought into the market under this authority of the Privy Covmcil. The law provides that a copy of the first and of earJi subsequent edition of every liook must be sent, on demand, to the following liliraries: The British Museum in London, the Bodleian in Oxford, the University Library in Cambridge, the Library of the Faculty of Advocates in Edinburgh, and the Library of Trinity College in Dil)lin. The term for art cop.vright is fixed, under the act of .38 George III., at twenty-eight years. Copyright in a dramatic production is protected for the same term, of forty-two years (or for the life of the author and seven years), as that ac- corded to a work of literature. The copyright in letters vests in the writer, except in so far as any particular circumstance nuiy give to the person to whom the letter is addressed, or to his representatives, a right to publish the same. The perpetual copyright of the authorized versions of the Bible and of the Book of Connnon Prayer (and possibly, adds Stephen, in the text of acts of Parliament) is vested in the Crown. A per- jjctual co])yright in books first issued by the fol- lowing institutions (unless such books came into the control of the institutions for but a limited term) is vested in the universities of Oxford, Cambridge, Edinburgli, Glasgow, Saint Andrews, and Aberdeen, and also in each college of the uni- versities of Oxford and Cambridge, in Trinity College, Dublin, and in the colleges of Eton, Westminster, and Winchester. The book of reg- istry of copyrights is kept at Stationers' Hall. There is no obligation to make registration, ex- cepting that such entry must be nuulc before the owner of the copyright is in a position to take action in regard to any alleged infringement. A bill for the reshaping of the British copyright act, known as the Monkswell Bill, is now (1903) on the calendar of the House of Lords. It was originally introduced in November, 1886, at the instance of the British Society of Authors. It was reintroduced, with some material modifica- tions, in 1900. Under this l)ill, the' term of copy- right is extended to the life of the author and thirtj' years. The provisions controlling copyright in Ger- many, including Alsace-Lorraine, date from 1871. The statute of .June 19, 1901, now in force, made no material changes in the conditions of coin- right, but instituted detailed regulations for the relations of authors and publishers, covering the Ycrlagsreoht. There are aJso acts of .January 9, 1876, for sculpture, and .January 10. 1876. for photographs. The copyright relatious with the United States are defined in the convention of .January 1.5, 1892. The term is for the life of the author and for thirty years thereafter. C'opy- right registry for the Empire is kept in Leipzig. The protection of the law is afforded to the works of German citizens, whether published inside or outside of the Empire. Under this same law, the w'orks of aliens receive protection provided that they are published by a firm doing liusiness with- in the Empire. In Italy literary copyright rests upon the statute of Se])tember. 1882. The term is for the life of the author and for forty years after his death, or for eighty years from the publica- tion of the work. In Austria the term of literary copyright is thirty years after the author's death. In Belgium copyright (formerly perpet- ual) is now limited, under the law of 1886, to the life of the author and fifty years thereafter. In Holland, under the law of 1881, the term is for fifty years from the date of publication. In Hungary the term is the life of the author and fifty years. In .Japan, under the law of March ^. 1899, the term is the life of the author and thirty years. In Russia the term is for the life of the author and fifty years. In Spain, under the act of 1879, the term is for the life of tlic author and eighty years. The United States International Copyright Act