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‹Better GutenbergA Treatise Upon the Law of CopyrightAct of Congress, June 18, 1874 · 100 of 108Contents›

A Treatise Upon the Law of Copyright

by E. J. MacGillivray

100 of 108 · Contents · Download EPUB

Act of Congress, June 18, 1874

No right of action for infringement unless notice of entry.

Optional modes of entry.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title-page or the page immediately following, if it be a book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected and completed as a work of the fine arts, by inscribing upon some visible portion thereof, or of the substance on which the same shall be mounted, the following words, viz.:—“Entered according to Act of Congress in the year by A. B., in the office of the Librarian of Congress at Washington,” or at his option the word “Copyright” together with the year the copyright was entered, and the name of the party by whom it was taken out; thus—“Copyright, 18—, by A. B.”

Fees.

Sec. 2. That for recording and certifying any instrument of writing for the assignment of a copyright, the Librarian of Congress shall receive, from the persons to whom the service is rendered, one dollar; and for every copy of an assignment, one dollar; said fee to cover in either case a certificate of the record, under seal of the Librarian of Congress; and all fees so received shall be paid into the Treasury of the United States.1802

“Engraving,” “Cut” and “Print” not to extend to labels.

Commissioner of Patents charged with supervision of labels.

Sec. 3. That in the construction of this Act the words “engraving,” “cut” and “print” shall be applied only to pictorial illustrations or works connected with the fine arts, and no prints or labels designed to be used for any other articles of manufacture shall be entered under the copyright law, but may be registered in the Patent Office. And the Commissioner of Patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in conformity with the regulations provided by law as to copyright of prints except that there shall be paid for recording the title of any print or label not a trade mark, six dollars, which shall cover the expense of furnishing a copy of the record under the seal of the Commissioners of Patents, to the party entering the same.

Sec. 4. That all laws and parts of laws inconsistent with the foregoing provisions be, and the same are hereby repealed.

Sec. 5. That this Act shall take effect on August 1, 1874.

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