New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-07-10
COPYRIGHT QUESTIONS.
DOUBTS AS TO THE DUTIES OF THE Ii
BRARIAN OF CONGRESS.
Mr.. sroFFoRD CALLS on SENATOR HoAR FOR II
TERPRETATIoN or TIE LAW.
by TELEGRAPH TO THE TRIBUNE.J

aIr,ndy arisen in regard to the proper construction OF
certain provisions Of the international Copyright law
According ID provision of tie old CopynGh h"' WHICH
was not repealed by the Act Of March .. l9ol, INC
IibraDn Of Congress, under the SUPERVISION Vi 'no
Joint committee of Congress on the Library sh~i
nerform all acts and dutes required by law touohB
conrtigltso 1t Is understood that Librarian sPOl
81 hoe oupllcd IN senator IIOar who by the retire
mont of senator Evars becomes acting chairman Oh
tbe committee for his advice, and also Tor MS esn
oppion in respect 10 the scope end requirements u
the new law especially as the authority ana duties VI
the Librarian OF Congress are thereby mouli'7u u
affected. .-... os
Under Section 4,05o, Of the Revised statues rs
amended by the Act of March 3, 1901, the au'hor'
,,,or+or DESIGNER or proprietor of any book, map
chart dramatic or musical composition, engraving CUT
nrInt or photograph negative thereof OF OF PiV
ing drawing chrome, statue. statuary ana OF inooe'
or designs Intended 10 be perfected rs WORKS ol 'i' w
arts and the executors, administrators or asSlS'o VI
any such person, shall, upon complying WIN inc pr
visions Of this chapter have the sole liberty Oh pY
ing rcprntng publishing, completing, copying eAecuV,
ing finishing and vending the same; and III casc VI
dramatic composition of publicly performing or repre-
sentne IT, or causng It TO be performed or
nv others and authors their assigns slali nave ca
cus,ve right TO dramatze and translate any OF theif
works for which copyright shall have Deeh oo''iieU
under the laws OF the United States"
that no person shall enjoy the benefits OF the act VINO
Io moi deliver at the Office OF the Librarian OF Con-
ss or depost IN tie mail properly addressed 10 l
an or before the day OF publication IN TINS OF @l'
foreign country, printed copy OF "tho utio VI wv
hook map chart, dramatic or pluslca cohipo9iN'
engraving cut, print, photograph or chrono' Ut
description OF the painting drawing, statue OF sV'tuAS
or a model or design for work OF the me hios io'
which he desires copyright; unless he snail 30
deliver or deposit in the mails, not later thah INC '
OF publication IN this any foreign country t"o ooP0
~ such copyrght book map, chart, dramatic or Huso"
composition, engraving, chrome, cut, PRINT OF Pho'o
graph or in case Of painting, draWihs' o'a'"o'
sfatuary model or design for work OF the me arUS'
photograph Of the same provided. that In the case Oh
hook pbotorraph chrome Autograph the two copies
90 +be same renured TO be delivered or deposited aS
above shall DO printed from type set WITHIN INC hi'O
of the United States from plates nauo lheIelI' "
from NEGATIVES drawings ON stone mane "luhlh 'o
limits of the United States, or from trafsIers "u0
thererrom During the existence Of such copyrght te
importation into the United states OF any BOOK crouo
or llthoQraph or photograph so copyrighted OF any
edition or editions thereof any plans OF the same HOB
made from type set, negatives or drawings on stouo
made within the limits OF the United states snail oe anu
It IS hereby prohibited" except In certain c'cS anu
upon certain conditions. Among the eXcepuoiS @l'
foreign newspapers and magazines mot containing III
whole or in part matter copyrighted under Ule pro
visions Of tlds act unauthorized by the author'
Section Of the act contains this provision: Ana
II s hereby made the duty Of the Librarian OF congress
to furnish to the Secretary of the Treasury coPeS Vi
the entries of titles Of all books end other Articles
wherein tho copyright has been completed by lhe uc
noeit Of two COPIES of such book printed from TYPO
set within the limits Of the United States IN accord
anco with the provisions CT this act, and by inc
deposit OF two copies OF such other article maue
or produced in the United States and the secretary Oh
the Treasury is hereby directed 10 prepare and print az
intervals OF not more than week. catalogues Of suon
title entities for distribution to the collectors OF Gus
toms of the United states and to the postmasterS OF
all postoniccs receiving foreign mails and such weekly
lists as they are issued, shall be furnished 10 all
parties desiring them at sum not exceeding 20 per
apnurn and the Secretary and the Postmaster-"eeiu
are hereby empowered and required . make ana en-
force such rules and regulations as shall prevent te
importation into the United States, except upon the
conditions above specified OF all articles prohibited by
this act"
Librarian SpoTo?d entertalns some doubt as TO
whether the lists furnished by him to the Secretary OF
the Treasury should cover only the entries for copy
right of "books, chromOs, photographs and ltho-
craphsn or should include all the articles specified IN
amended sections Nos. 4052 and 405G-musical and
dramatic compositions, maps charts, etc. Muslc1i
connections alone comprise eight to nine thousand
rcccs n year. 1t will be noted that the use OF tho
,rord "li;hograph" IS confined TO the last provision
ouoted from section Of the act II Is uhGc9toou 'tU
the secretary Of the Treasury has been asked 10 con-
strno hi, provision OF the new law for the beheht ana
,i1oucc Of the Librarian of Congress and the pubic
and II is not improbable that the matter VIII De SUD
nitr.d 10 the Attorney General for his OPINION
Doubt has also arisen In respect to the proper con
tuction Of Section 10 of the act so far as 1t may
affect foreign born residents Of the United states WHO
have rot been natunllzed. That section provides
bo the act shall only apply TO citizen or suDlec'
90 foreign state or nation when such foreign state
OPP nation permits to citizens OF the uhlteu
c,otos Of America the benefit OF copyright
on substantially the same basis as It's own
Ci,,iycns: or when such foreign state or ~
IN is a pariy to an international a2ieehent MISi
roide, for reciprocity IN the granting or copyrB W
the terms Of which agreement the Chl0u ot.eS ~
Hmerica nav at It's pleasure, become party 10 SUI III
,rcom@nt The old law in relation 10 cCpyTlght mas
otvs bcer literally construed for the DeIent vi "li
natTTalzed foreigners resident in the United states 50
hat thousands Of copyrights have been grlnted "
t1cns of France and subjects Of Great britain Ger
many and other countries residing In TINS conntl}.
Nov what shall be done II subject OF Germany, Itiy
or any other country not embraced IN the tFesqe 6
Uroclan,9 ton of July who is resident OF the united
ttotes shall apply for copyright under the new law
seems tO be a pertinent question, as well 10 olo Va
considerable Importance. ., H.. or,,r,,bt
Down 70 July only two applications fOr CoINYrlenV
under the new law had been filed and lhose Ilu eci
received through NcwYOrI publishers since lhcii
several more applications have been received tIouS,i
BOSTON and New York firms. None has yet been IT,
ccved directly from foreign citizen or suDleCI III Hie