cases; which will, in other words, place literary and artistic properties and their exploitation upon a proper business basis, subject so far as possible to the legal rules and regulations governing other property and other businesses; and which, finally, will open up to our literary and artistic creators and their assignees a world market where their wares may be as safely and successfully exploited as though they were at home. APPENDIX A list of those affected by copyright: Author, including fiction and nonfiction writer; playwright; screen writer; composer; artist; lecturer. The author's work reaches the public through I. Book and music publishers; editors; printers; binders; salesmen; office executive and clerical staff; distributors (bookstores, department stores, news stands, etc.) and their office and sales force. II. Magazine publishers; editors; all people engaged professionally in advertising; printers and lithographers; office, executive, and clerical staff; solicitors and distributors (American News Co., etc.). III. Newspaper publishers (including syndicates); editors; reporters; office and executive and clerical staff; printers (all people engaged professionally in advertising); distributors (American News Co., etc.). IV. Play producers; actors; scenic designers; stage hands; electricians, carpenters, etc.; publicity men; office executive and clerical staff; theater owners, lessees, etc.; theater staff. V. Motion-picture producers; actors; camera men; scenic designers, costumers, etc.; technical men, electricians, carpenters, etc.; executive and clerical staff; salesmen; distributors; exhibitors; theater owners; theater staffs. VI. Radio-Actors; advertising; mechanical engineers and techincal staff; office executive and clerical staffs. VII. Lecturing-Agents and employees. The bill is indorsed by the following: The Authors' League, comprising a membership of some 2,208. American Pen Women. Society of Midland Authors, comprising approximately 200 members. American Newspaper Publishers Association. American Society of Composers, Authors, and Publishers. Entire Will Hays organization, including all the motion-picture producers and distributors in America. American Federation of Labor. The Copyright Committee of the National Publishers' Association, comprising the leading periodical publishers of the United States, approximating 200 members. National Association of Book Publishers, comprising the following members: The American News Co. (Inc.), New York. D. Appleton & Co., New York. Association Press, New York. The Baker & Taylor Co., New York. Barse & Co., Newark, N. J. The Bobbs-Merrill Co., Indianapolis. Albert & Charles Boni (Inc.), New York. The Book House for Children, Chicago. Brentano's, New York. Brewer and Warren (Inc.), New York. A. L. Burt Co., New York. Jonathan Cape & Harrison Smith (Inc.), New York. The Century Co., New York. Edward J. Clode, New York. Columbia University Press, New York. F. E. Compton & Co., Chicago. Coward-McCann (Inc.), New York. Doubleday, Doran & Co. (Inc.), Garden City, N. Y. Duffield & Co., New York. E. P. Dutton & Co. (Inc.), New York. Encyclopedia Britannica (Inc.), New York. The Garden City Publishing Co., Garden City, N. Y. Grosset & Dunlap, New York. Hale, Cushman & Flint (Inc.), Boston. D. C. Heath & Co., Boston. Henry Holt & Co., New York. International Textbook Co., Scranton, Pa. J. B. Lippincott Co., Philadelphia. Horace Liveright (Inc.), New York. Robert M. McBride & Co., New York. G. & C. Merriam Co., Springfield, Mass. W. W. Norton & Co. (Inc.), New York. Oxford University Press, New York (Inc.), New York. The Penn Publishing Co., Philadelphia. Prentice-Hall (Inc.), New York. G. P. Putnam's Sons, New York. Simon & Schuster (Inc.), New York. Richard R. Smith (Inc.), New York. Stanford University Press, Stanford University, Call Frederick A. Stokes Co., New York. George Sully & Co., New York. The University of Chicago Press, Chicago. The University Society (Inc.), New York. The Viking Press (Inc.), New York. Frederick Warne & Co., (Ltd.) New York. The S. L. Weedon Co., Cleveland. John Wiley & Sons (Inc.), New York. The Williams & Wilkins Co., Baltimore. The H. W. Wilson Co., New York. The John C. Winston Co., Philadelphia. Yale University Press, New Haven, Conn. Prominent theatrical producers, as follows: A. L. Erlanger Enterprises; John Golden; Theatre Guild; David Belasco; Florenz Ziegfeld; Jed Harris; Brock Pemberton; Aarons & Freedley; George Tyler; Connolly & Swanstrom; J. C. Williamson (Ltd.); William Harris Estate; Herman Gantvoort; Joseph P. Bickerton, jr.; Sam Harris. And by the following who wrote or wired the committee during the consideration of the bill: D. Appleton & Co., John W. Hiltman, president, New York. H. H. Howland, editor Century Quarterly, New York. James Hopper, president Authors Guild of Authors League of America, Carmel, Calif. Brewer & Warren, publishers, New York. D. Van Nostrand Co., New York. McGraw Hill Book Co., Martin M. Foss, president, New York. The Bobbs-Merrill Co., D. L. Chambers, vice president, Indianapolis, Ind. World's Work Magazine, Russell Doubleday, Garden City, N. Y. Oxford University Press, New York. Richard R. Smith (Inc.), New York. Little, Brown & Co., Boston, Mass. Charles E. Chambers, president of the Artists Guild, New York. Tower Magazines (Inc.), Hugh Weir, editorial director, New York. Henry Holt & Co. (Inc.), New York. The University Society (Inc.), New York. W. B. Saunders Co., Philadelphia, Pa. Robert McBride & Co., publishers, New York. William Morrow & Co. (Inc.), publishers, New York. George Sully & Co. (Inc.), publishers, New York. Dorrance & Co. (Inc.), Philadelphia. Harcourt, Brace & Co. (Inc.), New York. Frederick Warne & Co. (Ltd.), publishers, New York. National Council, Young Men's Christian Associations of the United States of America, New York. Ring Lardner, New York. Arthur Richman, president Authors League of America, Beverly Hills, Calif. Mrs. Inez Haynes Irwin. Booth Tarkington, Indianapolis, Ind. Robert W. Chambers, New York. Edgar Rice Burroughs, North Los Angeles, Calif. Stewart Edward White, Burlingame, Calif. Ernest Poole, New York, N. Y. Meredith Nicholson, Indianapolis, Ind. Ellis Parker Butler, New York. Owen Wister, Philadelphia. George Agnew Chamberlain, Salem, N. J. Harry Leon Wilson, Carmel, Calif. Grantland Rice, New York City. Edna Ferber, New York. Bayard Veiller, New York. Charles G. Norris, New York. Kathleen Norris, New York. Rupert Hughes, Los Angeles, Calif. Struthers Burt, Southern Pines, N. C. Julian Street, New York. Cass Canfield, vice president, Harpers Magazine, New York. Owen Davis, past president, Hollywood, Calif. Sam H. Harris, Music Box Theater, New York City. Elmer L. Rice, Hotel Walton, New York City. Sigmund Romberg, New York City. Arthur Train, New York City. Irvin S. Cobb, New York City. N. J. Peabody, Atlantic Monthly, Boston, Mass. In compliance with paragraph 2a of Rule 13 of the Rules of the House of Representatives, changes in existing law, act of March 4, 1909, as amended, made by the bill, are shown as follows: Existing law proposed to be omitted is inclosed in black brackets; new matter is printed in italics; existing law in which no change is proposed is shown in roman. [SEC. 1.] [That any person entitled thereto, upon complying with the provisions of this act, shall have the exclusive right: (a) To print, reprint, publish, copy, and vend the copyrighted work;] That copyright throughout the the United States and its dependencies is hereby secured and granted to authors, subject to the provisions of this act, without compliance with any conditions or formalities whatever, from and after the creation of their work and for the term hereinafter provided, in all their writings, published or unpublished, in any medium or form or by any method through which the thought of the author may be expressed, and such copyright includes the exclusive right To copy, print, reprint, publish, produce, reproduce, perform, render, exhibit, or transmit the copyright work in any form by any means, and/or transform the same from any of its various forms into any other form, and to vend or otherwise dispose of such work; and shall further include (but not by way of limitation because of the specific enumeration of the subject matter hereafter stated) the exclusive rights— (b) To make any form of record in which the thought of an author may be recorded and from which it may be read, reproduced, performed, exhibited, represented, delivered, transmitted or communicated; * [SEC. 1.] [(b) To translate the copyrighted work into other languages or dialects, or make any other version thereof, if it be a literary work; to dramatize it if it be a nondramatic work; to convert it into a novel or other nondramatic work if it be a drama; to arrange or adapt it if it be a musical work; to complete, execute, and finish it if it be a model or design for a work of art;] [SEC. 1.] (a) To translate said work into other languages or dialects, or to make any other version thereof; (c) To dramatize or make a motion picture with or without sound and/or dialogue of said work if it be a nondramatic work; or to convert said work into a nondramatic or dramatic work expressed in words or physical action if it be a dramatic work in the form of a motion picture with or without sound and/or dialogue; or into a novel or nondramatic work, or motion picture with or without sound and/or dialogue, if it be a drama expressed in words or physical action; (d) In the case of a musical composition, to arrange or adapt said work, * * * (e) To complete, execute, and finish said work; [SEC. 1.] [(c) To deliver or authorize the delivery of the copyrighted work in public for profit if it be a lecture, sermon, address, or similar production:] [SEC. 1.] (f) To deliver or authorize the delivery of said work in public if it be a lecture, sermon, or address prepared for oral delivery; (g) To communicate said work to the public by radio broadcasting, rebroadcasting, wired radio, telephoning, telegraphing, television, or by any other methods or means for transmitting or delivering sounds, words,images, or pictures whether now or hereafter existing; [SEC. 1.] [(d) To perform or represent the copyrighted work publicly if it be a drama or, if it be a dramatic work and not reproduced in copies for sale, to vend any manuscript or any record whatsoever thereof; to make or to procure the making of any transcription or record thereof by or from which, in whole or in part, it may in any manner or by any method be exhibited, performed, represented, produced, or reproduced; and to exhibit, perform, represent, produce, or reproduce it in any manner or by any method whatsoever;] [SEC. 1.] (h) To produce, reproduce, perform, represent, or exhibit said work publicly if it be a dramatic or dramatico-musical work in any manner or by any means or methods whatsoever: Provided, however, That nothing in this act shall be construed to prohibit the performance of copyright musical works by churches, schools, and/or fraternal organizations, provided the par formance is given for charitable or educational or religious purposes, unless a fee is charged for admission to the place where the music is so used. to vend or otherwise dispose of such work; (g) To communicate said work to the public by radio broadcasting, rebroadcasting, wired radio, telephoning, telegraphing, television, or by any other methods or means for transmitting or delivering sounds, words, images, or pictures whether now or hereafter existing; [Sec. 1.] [(e) To perform the copyrighted work publicly for profit if it be a musical composition; and for the purpose of public performance for profit, and for the purposes set forth in subsection (a) hereof, to make any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced: Provided, That the provisions of this act, so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after this act goes into effect, and shall not inclule the works of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law ,to citizens of the United States similar rights: And provided further, and as a condition of extending the copyright control to such mechanical reproductions, That whenever the owner of a musical copyright has used or permitted or knowingly acquiesced in the use of the copyright 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 2 cents on each such part manufactured, to be paid by the manufacturer thereof; and 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 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, 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. 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. The reproduction or rendition of a musical composition by or upon coinoperated machines shall not be deemed a public performance for profit unless a fee is charged for admisison to the place where such reproduction or rendition occurs.] [SEC. 1.] *, to perform said work publicly for profit or to make any arrangement or setting thereof or of the melody thereof in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read, broadcast, produced, performed, exhibited, represented, delivered, transmitted, or communicated: Provided, however, That the provisions of this act, so far as they secure copyright controlling the parts of instruments, being the instruments referred to in subsection (e) of section 1 of the act of March 4, 1909, as amended (U. S. C., title 17, sec. 1 (e)), serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after July 1, 1909, and shall not include the musical compositions of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen, grants, either by treaty, convention, agreement or law, to citizens of the United States, similar rights: And provided further, That nothing in this act shall be construed to prohibit the performance of copyright musical works by churches, HR-71-2-VOL 4- -76 |