Professional Documents
Culture Documents
REGISTER O F COPYRIGHTS
FOR THE FISCAL YEAR ENDING JUNE 30, 1952
COPYRIGHT OFFICE
Reprinted :1954
r L. C. Card No. 10-35017
COPYRIGHT REGISTRATIONS
By Subject Matter Classes
Fiscal Year 1952
Thousands of Rtgittrations
0 10 20 30 40
Periodicale (ieeues) 56,509
Commercial prints
and Iabelc
Dramatic or dramatic*
musical, including
radio and telerition
script8
Work8 of art, models
or dmigns
Print8 m d pictorid
illustrations
Photograph
Drawin or plastic
works oIfsa eclentifi=
or tecbnicd character
Lectures, sermons,
addrc8eco including
radio m d television
ccripts
Motion picture
photoploys
REPORT O F T H E REGISTER OF COPYRIGHTS, I952 3
titles. Before this project was terminated pending cases are disposed of as expedi-
for b~ldgctaryreasons in the spring of 1952, tiously as possible. I t is expected that
approxilnately 79,000 title cards, represent- when these procedures are in full operation
ing the doculncnts recorded in 118 volumes, only about half as much unanswered cor-
were produced, thus furnishing the Office respondence will be on hand at any one
with an almost complete assignment title time as was the case previously.
card index from March 1931 to date. The
245 volumes not yet covered contain an Acquisition of Deposits U n d e r Sec-
estimated 358,000 titles. I t is hoped that tions 13a n d 14 of Title 17, U. S.
sufficient funds will be available during the Code
next fiscal year to complete the project or
at least to reduce the number of titles unin- A map project was organized in the
dcxed. The clients of the Copyright Office Compliance Section of the Reference Divi-
will be the beneficiaries of this work as it sion, with the Map Division of the Library
will result in speedier searches at reduced cooperating, in an effort to determine the
cost. degree, to which map publishers comply
The Music Title Card project presented with the deposit provisions of the copyright
a task of major proportions. The music law. Although only 60 map publishers
title card catalog contains over 1,000,000 were reached by the end of the fiscal year,
cards against which the 745,000 individual this project resulted in approximately
titles as recorded in the record books had 1,000 map registrations, with fees and value
to be checked. One hundred and seven- of material deposited amounting to over
teen thousand titles were searched before $13,000. I t is planned to expand this pro-
the project was discontinued, likewise for gram to include many more map and atlas
budgetary reasons. Although a project publishers during the coming year.
of this kind in~provesour card catalogs, it Plans are being considered for the in-
should not be revived unless funds are auguration of a similar project in the mo-
available in an amount sufficient to com- tion picture and television fields. Only
plete the review of the entire catalog. two co~npanieswere consulted about this
This card catalog bears the heaviest traffic during the year, but both of them advised
of all the separate indexes of the Copyright that they had numerous registrations to be
Office, however, and the need for repair made.
and maintenance is serious. In the tremendously important field of
Fiscal 1952 saw the introduction of two photographs, the acquisition by the Library
improved procedures in correspondence of such material through the channel of
control as part of the over-all administra- copyright deposits has dropped to a smaU
tive management program. In a registry volume, despite the enormous number of
office the size of the Copyright Office, photographs of the American scene of real
where more than a thousand pieces of mail value that are being taken. It is believed
are received daily and at least that many that the expense involved ($4.00 for each
dispatched, the speed with which this cor- separate registration) is the main deterrent
respondence is handled is sometimes of vital to deposit and registration under the copy-
importance. The new system established right law. We are therefore exploring the
categories according to the subject content possibility of adopting some procedure
for all incoming mail and deadlines within whereby a considerable number of prints
~vllichletters in each class must either re- may be registered upon a single application
ceive final action or acknowledgment. and at one fee. This, it is hoped, would be
For the control of letters originating in the an inducement to photographers to deposit
Copyright Office, a system was devised to their photos under the copyright law. The
provide for a timely follow-up of incoming registration of a roll of microfilmed photo-
letters requiring an answer to assure that graphs has been suggested as one possible
4 REPORT O F T H E REGISTER OF COPYRIGHTS, I952
solution. During the coming year it is copy of the dances scored in a notation
anticipated that the problem will be stud- system originated by Rudolf von Laban.
ied with representatives of the national Although the Office action in registering
photographic associations. the claim was described in the press as one
which was entirely unprecedented and of
Copyright Cataloging "enormous significance," it actually in-
volved no basic departure from our estab-
Progress has been made towards secur- lished practice. Only the nature of the
ing a more uniformly consistent approach deposit was new. The Office had never
to the cataloging of copyrighted works. registered a claim to copyright in a work
Searches may now be made in the Copy- scored in Laban notation. Laban notation,
right Card Catalog for most works by however, is no more than a shorthand sys-
author, title, and claimant. Claimant tem for setting down exact body positions
indexes were added to the book and unpub- and movements in a dance. The movc-
lished music parts of the Catalog of Copy- ments constituted the "work" which was
right Entries for the first time this year. deposited and since they wcre "dramatic"
December 1951 saw the appearance, (they helped to tell the Spewack version
under the imprint of the Copyright Office, of "The Taming of the Shrew"), the work
of Motion Pictures, 1912-1939. Covering qualified for registration in Class D. It is
more than 50,000 films, this publication sometin~es overlooked that pantomimes
brought together in one alphabet the most have been adjudged dramatic compositions
comprehensive listing of motion pictures and are listed in our Regulations among
yet produced in the United States. With the kinds of works registrable in Class D.
the assistance of temporary personnel made The last thorough study of prints and
available early in 1952, work was started labels was made in 1940, when the regis-
on a supplementary volume of motion pic- tration function in this field was transferred
tures covering the period 1940 through from the Patent Officc. The Lanham
1949. With this supplementary volume in Trade-Mark Act, however, which provides
.existence, data regarding approximately for entry of certain labels o n the Supple-
70,000 motion pictures produced in a pe- mental Register in the Pntcnt Office, has
riod of 38 years will be conveniently avail- been in operation since 1917 and it seemed
able for use in research. advisable to ascertain to what extent there
The publication of a monthly catalog, might be an overlapping of authority for
Notice of Use of Music on Mechanical In- the registration of labels. No policy
strumettts, was undertaken on an experi- changes have as yet been made as a result
mental basis. Originally part of the Cata- of the study, though somc clarification and
log of Copyright Entries from 1909 to 1928, restatement of office prcccdures is clearly
it was discontinued in the latter year. desirable. I t is apparent, for example, that
Now, with mechanical recordings of music the fact that a work is used as a label does
soaring to unprecedented highs, the record not entitle it to copyright registration if it
of the notice of use assumes importance docs not embody sufficient copyrightable
under section 1 (e) of the copyright law. pictorial or textual matter.
Government agency without requiring the the Office in the acquisition of, and of in-
payment of the statutory fees therefor? formation concerning, current legal litera-
Applying the canon of statutory interpreta- ture, recent court decisions, and other
tion that the sovereign is not affected by relevant matters was produced on an ex-
statutory provisions unless expressly named perimental basis.
therein or included by necessary implica-
tion and noting the fact that the term International Copyright
"person" does not, in common usage, in-
clude the sovereign, the Acting Comptrol- An important phase of the work of the
ler General concluded that there appeared Legal Staff has been in the field of recipro-
to be no legal objection to recording such cal copyright relations with a number of
assignments without requiring a fee. foreign countries. As an aftermath of
World War 11, changes took place in the
The Legal Staf political status of certain countries, includ-
ing Japan, Germany, Burma, India, Paki-
During the past year, a change in the stan, and Indonesia. This raised questions
structure of the Legal Staff resulted from concerning the continued existence of pre-
the necessity for more specialization and viously established copyright relations with
coordination of the legal work of the Copy- those countries or their mother countries.
right Office. As a result of this change, it The Office has been working in close asso-
is possibIe to perform a wider range of func- ciation with the Department of State to
tions than heretofore and, at the same time, explore the problems and to bring about
keep the Register of Copyrights closely ad- a satisfactory solution to them.
vised on a day-to-day basis on the currcncy Under Section 9 of Title 17, U. S. C., the
of all legal matters. The Legal Staff at President issued three new proclamations
present consists of a Principal Legal Ad- that extended the time for compliance with
visor, who serves both as an administrative formalities of registration for works of na-
coordinating officer and as a legal special- tionals of Finland, Italy, and Denmark that
ist, a Senior Attorney, who deals with vari- were ( 1) first produced or published out-
ous current legal questions of domestic and side the United States on or after S e p
foreign law and supervises the preparation tember 3, 1939, or ( 2 ) were subject to
of Ofice publications of a legal nature, and renewal of copyright since that date. These
two full-time attorneys, who are concerned agreements are self-terminating at the end
primarily with background legal research. of one year. The Finnish proclamation
In addition, the Legal Staff utilizes the was dated November 16, 1951, the Italian
services of several legal examiners in the proclamation, December 12, 1951, and the
Examining Division on a part-time basis proclamation in favor of Denmark, Feb-
to perform legal research, thus supplement- ruary 4, 1952.
ing the small staff of attorneys in thc The treaty of peace with Japan, which
Register's Officc. was ratified by the Senate on March 20,
A new procedure set up during the past 1952, contained a provision that affects
ycar involved the establishment of a legal the copyriiht relations of the Unitcd S t a t a
docket. By thc use of this docket it is pos- and Japan. Under the provision, the
sible to keep close administrative control United States is permitted a period of one
over all lcgal problems assigned to the var- ycar from the coming into effect of the
ious staff members. A weekly report is treaty to decide whether the copyright
made by each attorney, which is of further treaty of 1905 should be continued in force.
assistance in determining the progress and Unless the United Statcs notifies Japan
development of the individual problems. within that time limit, the treaty shall be
A monthly bibliographical bulletin in- regarded as abrogated. The opportunity
tended primarily to assist the personnel of has thus been presented for the initiation
6 REPORT OF THE REGISTER OF COPYRIGHTS, 1952
of negotiations for a much more desirable of these problems and the drafting of work-
reciprocal copyright arrangement with ing papers.
Japan to replace the 1905 treaty to which
United States authors have long objected Legislation
because of the provision thereof that trans-
lations could be made and published with- On May 10, 1951, Congressman Eman-
out their authorization. uel Celler introduced H. R. 4059, a bill to
In connection with Unesco copyright rcmove the domestic manufacturing re-
activities, mention should be made that in quirements for the acquisition of copyright
June 1951, the Fourth Committee of Ex- by certain foreign nationals. Lengthy
perts met in Paris and prepared a prelimi- hearings were held on January 28 and 30
nary draft of the proposed Universal Copy- and on February 1, 1952. The bill was
right Convention. The Paris draft was favorably reported with amendments by
discussed in New York with the Copyright Subcommittee No. 3 of the House Judi-
Panel of the U. S. National Commission for ciary Committee on February 28, 1952.
Unesco on August 15, 1951, and on Janu- The full Judiciary Committee on March
ary 21, 1952. The January meeting fol- 25, 1952, voted not to report the bill to the
lowed the successful conclusion of a meet- floor of Congress. The primary purpose
ing of copyright experts of the American of this bill was to provide certain modi-
Republics at the Pan American Union, fications of the manufacturing require-
held January 14-17, 1952, at which the ments of the law to pave the way for United
United States was representcd by Dr. States adherence to the proposed Unesco
Luther H. Evans, delegate, and Messrs. Universal Convention. Until this or simi-
Roger Dixon, Arthur Fisher, Sydney M. lar legislation passes the Congress, the
Kaye, and John Schulman, as advisors. United States may not be able to ratify this
The meeting at the Pan American Union Convention.
adopted resolutions calling the attention of The only significant copyright bill during
the member Governments of thc Organiza- the past year which was enacted by the
tion of American States to the importance Congress was H. R. 3589*, introduced on
of being represented at the Intergovern- April 6, 1951. I t amends section 1 (c) of
mental Conference in Geneva in August the copyright law to afford recording and
1952 and to specific language proposed for performance rights in nondramatic literary
Article XVI of the Convention. The pro- works. Thus a gap in the present law
posed Article XVI provides that the Uni- caused by the dcvelopment of improved
versal Convention will not abrogate exist- technical devices has been filled and an
ing conventions, but where there are any inequity to authors and proprietors of these
differences, the most recent convention
nondramatic literary works corrected.
will govern.
An important and controversial bill in
In February 1952, the United States
transmitted its answer to Unesco's request the field of copyright, 11. R. 5473, was pre-
for observations on the draft of the Univer- sented to the Congress on September 25,
sal Copyright Convention. The proposed 1951. It was designed to remove the pres-
answer was discussed with the Panel at the ent exception in section 1 (e) of the copy-
January meeting in New York. In June right law whereby phonograph records
preparations for the August Intergovern- played on juke-boxes are not subject to the
mental Conference in Geneva were con- public-performance-for-profit royalties af-
tinued, and materials were prepared for forded for the rendition of all other forms
review with the U. S. Delegation and the *It became Public Law 575, 82d Congress,
Panel in July 1952. Mr. A. L. Kamin- when signed by the President on July 17, 1952.
stein participated actively in the analysis Effective date is January 1, 1953.
REPORT OF T H E REGISTER OF COPYRIGHTS, I952
dated and the assignee had substituted her that the book contained substantial new
name in the notice prior to recordation of matter entitled to separate copyright and
the assignment document. The court held thus the book was a new work.
Statement of Gross Cash Rece$ts, Yearly Fees, Numbers of Registrations, ctc., for 5 Fiscal Years
A Books:
(a) Printed in the United States:
Books proper. ............... 19,572 20,508 22,648 22,544 23,246
Pamphlets, leafl-ts, etc.. ...... 71,594 67,854 65,770 62, 370 59,782
Contributioas to newspapers
and periodicals.. ......... 5,963 3,815 4,437 3,408 3,320
A Books:
(a) Printed in the United States:
Books proper ................ 9, 786 10, 254 11, 323 11, 272 11, 623
........
Pamphlets, leaflets, etc 35, 797 33, 929 34, 383 31, 199 29, 891
Contributions to newspapers
.............
and periodicals 5, 963 4, 140 4, 438 3, 408 3, 320
-----
Total ..................... 51, 546 48, 323 50, 144 45, 879 44, 834
(b) Printed abroad in a foreign lan-
guage ........................ 2, 545 2, 644 3, 710 3, 536 3, 382
(c) English books registered for ad
interim copyright .............. 683 595 1, 040 1, 118 1, 187
- - - -
Total ............................ 54, 774 51, 562 54, 894 50, 533 49, 403
B ................... 59, 699
Periodicals (numbers) 54, 163 55, 436 55, 129 56, 509
C ............. 1, 263
Lectures, sermons, addresses 1, 036 1, 007 693 837
D Dramatic or dramatico-musical compo-
............................... 6, 128
sitions 5, 159 4, 427 3, 992 3, 766
E ................... 72, 339
Musical compositions 48, 210 52, 309 48, 319 51, 538
F Maps ................................. 1, 456 2, 314 1, 638 1, 992 2, 422
G ........... 3, 938
Works of art, models or designs 3, 281 4, 013 3, 428 3, 305
H ............ 309
Reproductions of works of art 239 326 453 520
I Drawings or plastic works of a scientific or
.................... 1, 619 1, 063 1, 316
technical character 953 980
J Photographs ........................... 1, 844 1, 134 1, 143 770 995
KK Commercial prints and labels............ 10, 619 13, 233 13, 320 11, 981 11, 770
K .......... 6, 686 4, 358 4, 309 3, 590 2, 891
Prints and pictorial illustrations
L Motion-picture photoplays............... 632 667 782 835 798
M ........... 999 1, 096 1, 113 1, 314 1, 281
Motion pictures not photoplays
RR ...
Renewals of commercial prints and labels 20 ................................
R .................. 15, 796 13, 675 14, 531 16, 372 16, 690
Renewals of all classes
-----
Total ............................ 238, 121 201, 190 210, 564 200, 354 203, 705
REPORT O F T H E REGISTER O F COPYRIGHTS. I952
F a Applied
-1,012,191.37 --
Registrations for prints and labels ............................... $11. 770 at $6.00 70.620.00
Registrations for published works ................................ 121. 482 at 4.00 485.928.00
Registrations for unpublished works .............................. 43. 696 at 4.00 174.784.00
Registrations for renewals...................................... 16. 690 at 2.00 33.380.00