When a book is ready to be sent to the bindery, the manufacturing department will generally order a certain number of copies to be finished in advance of the rest of the edition. Some of these will be for the travelling salesman's use, some for the publicity department, and at least two for copyright purposes. With the copies delivered to the copyright clerk, the manufacturing department will send one or two separate title-pages, either torn from the printed sheets or taken from the early proofs made by the printer. With these in hand and with information from the selling department as to the day when the book is to be published, the clerk in charge will then take the first step toward copyrighting it. This is the filing of the claim for copyright and of the title of the book.
The Copyright Office in the Library of Congress at Washington supplies free upon request application blanks, and one of these must be carefully filled in. The information called for by this blank is as follows: the amount of the fees enclosed, whether a sealed copy of the record, or certificate as it is called, is desired, whether the volume is to be classed as a book, periodical, or dramatic composition, an abbreviated title of the book, the name of the author, or proprietor, the name and address of the applicant, the name of the country where the book was printed, whether the applicant is the author, or (having an assignment from the author) the proprietor, the name of the country of which the author is a citizen, or subject, and whether the whole or a part of the book is sought to be copyrighted.
There is a blank page in the form where the print or proof of the title-page must be pasted. If neither of these is available at the time, it is customary to use a typewritten title-page, but as the law distinctly calls for a "printed" title and as the courts have not decided whether typewriting is printing within the intention of the law, it is best to follow the exact letter of the law.
The fee for filing the application or claim for copyright is fifty cents if the author is a citizen or resident of the United States, or one dollar if he is a foreigner. If a copy of the record entered at the Copyright Office is desired, an additional fifty cents is required. The fees, preferably in the form of a money-order, are enclosed in the envelope containing the claim, and the whole forwarded, postage prepaid, to the Register of Copyrights at the Library of Congress.
Upon receiving these, the Copyright Office will acknowledge the receipt of the fees and make a record of the claim and of the title in books provided for the purpose. The law specifies that this record shall be in the following words:—
"Library of Congress, to wit: Be it remembered that on the___day of________190________________ of_________has deposited in this Office the title of a BOOK, the title of which is in the following words, to wit:____________, the right whereof_______ claims as author and proprietor in conformity with the laws of the United States respecting copyrights. ______________Librarian of Congress."
It is generally the custom to obtain a copy of this record, which, if the fee is enclosed, is sent to the claimant as soon after the receipt of the application as it can be made out in the regular course of the business of the Copyright Office. This copy is signed by the Register of Copyrights and is sealed with the official seal of the Library of Congress. The period of protection under an original claim is twenty-eight years.
It is important to remember that the application and the title are required by law to be delivered to the Register of Copyrights "on or before the day of publication in this or any other country." If delayed until after that day, the book cannot have the protection of the copyright law.
Prior to 1891 none but citizens or residents of the United States could obtain copyright, but in July of that year the privilege was extended to the citizens, or subjects, of such other countries as grant to the citizens of the United States the same copyright privileges which they afford to their own countrymen. At the present time these privileged countries are Belgium, France, Great Britain and her possessions, Switzerland, Germany, Italy, Denmark, Portugal, Spain, Mexico, Chile, Costa Rica, the Netherlands (Holland) and her possessions, Cuba, China, and Norway.
The law also requires that a book desired to be copyrighted in the United States must be printed in this country. It is, therefore, not possible to copyright a book which has been put into type and electrotyped in England and sent here for the presswork and binding. Copies of a book manufactured in this country may, however, be sent to England and copyrighted there.