The Building of a Book / A Series of Practical Articles Written by Experts in the Various Departments of Book Making and Distributing

by Unknown

The second step is to send two copies of the printed book for deposit in the Copyright Office, and until this has been done, the copyright is incomplete. These copies, like the title, must be delivered on or before the day of publication.

A printed receipt-form for books to be deposited is supplied by the Copyright Office, and it is the usual practice for the sender to fill in his address, and the names of the book and of the author, so that when the books are received, the Register of Copyrights needs only to date and sign the receipt-form and return it to the sender. This receipt-form should be enclosed with the books when they are forwarded. The package must be plainly addressed (the Copyright Office furnishes printed labels if desired) and sent, carriage prepaid, through the mail.

It not infrequently happens that publication must be made before the two copies of a book can reach Washington. In such cases the copyright clerk may take the books to the nearest post-office and obtain from the postmaster a dated receipt for them which is equivalent to delivery to the Copyright Office. The package is not finally wrapped until the postmaster has examined it.

When these steps have been properly taken, and the certificate, or sealed copy, of the record and the receipt for the two copies have been received, the copyright is secure so far as our laws can render it. It should be borne in mind that the Copyright Office does not grant a copyright in a manner similar to the granting of a patent right by the patent office. Its function is simply to record in a permanent place and in official form the claim made by the author, or by the proprietor, of that right. When a book is "pirated" and the offender sued, it must first be established by the records that the provisions of the law have been complied with fully and correctly. In this way a copyright is always subject to review by the courts.

Every copy of a book for which copyright has been claimed must have a formal notice to that effect, printed on its "title-page or on the page following." As prescribed by law, this notice must read either "Entered according to the Act of Congress in the year 1906 by A. B. in the Office of the Library of Congress," or simply, "Copyright, 1906, by A. B." The omission of such a notice from the book would make it impossible for its owner to prevent its being reprinted. There is a penalty of $100 for using the notice of copyright in an uncopyrighted book, and when the notice is used, there is a penalty of $25, if the two copies as required by law are not deposited. This latter penalty also applies in the case of failure to deposit one copy of a new edition differing from the former one, if a notice of copyright is used in the new edition.

In order to obtain a renewal of a copyright, the claim and the title must be filed on a form provided for the purpose with the Register of Copyrights "within six months before the expiration of the first term," which would be sometime between twenty-seven and one-half and twenty-eight years from the date of filing the original title. The copyright period runs from the date of filing the original claim, and not from the time of depositing the books, and great care should be taken to ascertain the date of the registration of the original title, and to compute the time so that the filing of the application for renewal will surely fall within the specified six months. The renewal period is fourteen years, and the fees are the same as in the case of the original application, but a certificate, or copy of the record, of the renewal claim must be taken and paid for by the claimant.

Only one copy of a book is required to be deposited to complete the claim for a renewal term of copyright. This copy also must be delivered within "six months before the expiration of the first term," and should be accompanied by a receipt as in the case of the original deposit. In order to complete the claim, a copy of the certificate must be published verbatim, within two months of the date of renewal for four weeks in one or more newspapers printed in the United States.

In obtaining international copyright, publication on the same day here and abroad is necessary, and this is sometimes a cause of considerable inconvenience in actual practice. When a New York publisher wishes to copyright in England a novel which he is about to publish, he must prepare six special copies of the finished book, bind them in cloth, print the copyright notice on the back of the title-page, and the name and address of the London firm or the individual who is willing to act as the English publisher of the book, and forward the copies to that person. At the same time he will write to this agent, telling him of the shipment and requesting him to enter the book for copyright and publish it in England on or about such a date. He will, of course, allow sufficient time for the books to reach London, and he will carefully point out in his letter any American holidays which occur near the probable date of publication. Upon receiving the books, the London agent will cable the New York publisher the date on which he will publish the book, taking care to allow an interval of a day or two, because of a possible delay.

On the day agreed upon, the New York publisher proceeds to copyright and publish his book in this country in the usual manner, while the London agent does the same abroad, delivering to the British Museum one copy of the book, and to Stationer's Hall, for use in certain libraries, four copies. Both of them will on that day sell at least one or two copies which will constitute a legal publication.

It is the custom with many publishers to establish the publication day of all of their books, by displaying a few copies, or by actually selling one or more copies to some one. In the case of a very popular copyrighted book which it is desirable to have the retailers all over the country begin to sell on the same day, it is deemed safer to make this technical publication before any of the books are distributed through the trade. A record of the first sales entered in a publisher's sales-book in the course of business would effectually prevent any one from claiming in after years a right to reprint a book on the ground that the claim, title, and copies were not originally filed until after the book had been put upon the market.