US Copyright Office: Ar-1951
US Copyright Office: Ar-1951
A N N U A L REPORT OF THE
REGISTER O F COPYRIGHTS
FOR THE FlSCAL YEAR ENDING JUNE 30, 1951
CO P Y R I G H T OFFICE
T h e Library of Congress
W A S H I N G T O N :1952
7 L. C. C u d No. 10-35017
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the U7rited Stater has . c o p j r r i g h t rr.lationr
inate completely all manufacturing re- right was affirmed on appeal 188 F. (2d)
quirements with respect to works of 611, 89 USPQ 416 (7th Cir., May 2,
foreign origin. 1951). This case raises a very important
H. R. 2464 and 2465, introduced on question as to whether functional purpose
February 7, 1951, are also of special may not destroy the copyrightable charac-
interest. Bills of a similar nature have ter of a work of art.
been introduced in previous Congresses. An interesting opinion, Leigh v. Barn-
H. R. 2464 would secure copyright in hart et al., 96 F. Supp. 194, 89 USPQ 307
acoustic recordings, a class of material not (D. C. D. N. J., March 15, 1951), holds
heretofore acceptable for copyright regis- that when a reproduction of a copyrighted
tration. H. R. 2465 provides for the painting is published in a magazine with-
repeal of the so-called "juke-box" exemp- out a copyright notice, a person who copies
tion contained in section 1(e) of the Copy- the reproduction without knowledge of the
right Law. S. 7553, introduced on May 28, copyright in the original is an innocent
1951, qualifies repeal of this "juke-box" infringer. It further held that the copy-
exemption by provision for certain royalty right of the magazine did not extend to the
payments for the performance of copy- reproduction of plaintiff's work of art since
righted musical compositions on coin- the magazine, as licensee of the copyright
operated machines. in the work of art, was not the proprietor
H. R. 3899, an omnibus bill, including of the reproduction within the meaning of
certain corrections in the official text of the Copyright Law.
Title 17 of the United States Code, was In the case of Amsttrdam trading as Frank-
passed by the House and referred to the lin Survey Co. v. Triangle Publications, IIIG.,
Senate. House Joid Resolution 578 became 93 F. Supp. 79,87 U S P Q 90 (D. C. E. D.
Public Law 741 of the Eighty-first Con- Pa., Sept. 25, 1950), another type of gra-
gress and makes Cannon's Procedure In thc phic work, a map embodying a very
House of Representatives subject to copyright large amount of research was held not
by the author. Similar legislation was subject to copyright where all information
passed in several earlier Congresses. S. contained on the map had been copied
396 would prohibit copyright in any from other maps. The district court was
pictorial representation of Jesus Christ. of the opinion that copyright protection is
available for a map only when some of the
Interesting Copyright Cases information conveyed has been obtained
The following decisions of the United by the map maker going into the field, ob-
States courts involving copyright are taining himself the information there, and
among those made during the past year then transcribing it into a map. This
which present features of more than usual opinion was affirmed by the Court of
interest. Appeals of the Third Circuit on May 25,
In the case of Stein el al., doing business 1951 (189 F. (2d) 104, 89 USPQ 468).
as Reglor of California v. Expcrt Lamp The case of Security-First National Bank of
Company, 96 F. Supp. 97, 88 USPQ 305 Los Angeles v. Republic Pictures Corporation,
(D. C. N. D. 111. E. Div., Jan. 23, 1951), 97 I?. Supp. 360, 89 USPQ 231 (D. C. S.
the copyright claim in an artistic statuette D. Calif. Cent. Div., April 26, 1951), is of
to be used as a lamp base was held to be importance as holding for the first time
invalid on the ground that such use made that proceedings to foreclose a mortgage
it the subject of design patent rather than on a copyright must be brought in a
copyright. The invalidity of the copy- Federal rather than a State court. It was
REPORT OF THE REGISTER OF COPYRIGHTS, 1951 9
also held that the Federal court may pre- property in the manuscript. A peculiar
scribe the method of foreclosure, in view circumstance in this case was the allegation
of the silence of the Copyright Act. of authorship by a denizen of the spirit
The case of G. Ricordi @ Company v. Para- world, a "ghost" writer in the most literal
mount Pictures, Inc., 189 F. (2d) 469 (2d Cir., sense.
May 8, 1951), affirming in part and
modifying an earlier district court opinion Register's Conference
92 F. Supp. 537 (D. C. S. D. N. Y., June On an average of twice a week, or as
8, 1950), is of interest, both as involving frequently as occasion demands, the Reg-
Puccini's well-known opera, Madame But- ister, Assistant Register, Senior Attorney
terfy, and as considering renewal, operatic, and the four division chiefs meet in the
and motion-picture rights in the presence Register's Office as a Register's Conference.
of a multiplicity of adaptations of a single This group discusses matters affecting
original work, a novel, of which dramatic the administration of the Copyright Law,
and operatic versions were subsequently including new and important court deci-
produced. sions, pending or suggested legislation,
The case of White v. Kimmell et al., 94 changes in procedure and policy, budget
F. Supp. 502, 87 USPQ 407 (D. C. S. D. considerations, and other problen~sperti-
Calif. Cent. Div., Dec. 6, 1950), holds nent to the Copyright Office. The collec-
that limited circulation of a mimeographed tive judgment of this group is of valuable
manuscript does not amount to publica- assistance in the formulation of Copyright
tion destroying the common law literary Office policy.
STATEMENT OF CROSS CASH RECEIPTS, YEARLY FEES, NUMBERS OF REGISTRATIONS, ETC., FOR 6 FISCAL YEARS
Total ...................... 94, 096 97, 129 92, 177 95, 855 88, 322
(b) Printed abroad in a foreign Ian-
uage ....................... 3, 970 2, 545 2, 644 5, 893 6, 502
(c) English boob rcgiatercd for ad in-
terim copyright .............. 713 683 595 1, 571 2, 235
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Total .......................... 98, 779 100, 357 95, 416 103, 319 97, 059
B Puiodicala ............................ 116, 680 119, 398 108, 374 110, 872 110.258
C Lectures, .4umona, etc .................. 972 1, 263 1, 036 1, 008 693
D Dramatic or dramatico-musical compasi-
tions ............................... 7, 056 6, 659 5, 720 4, 969 4, 604
E Musical compositions ................... 79, 428 85, 359 58, 087 65, 791 60, 665
F M a p ................................ 3, 526 2, 855 4, 627 3, 273 4, 037
G Worb of art, models or d&gnr .......... 5, 454 5, 055 4, 349 5, 904 5, 034
H Reproductions of work of art ............ 1, 064 609 469 620 872
I Drawings or plastic worb of a scientific or
technical character ................... 3, 014 2, 336 1, 603 1, 947 1, 484
J Photographs .......................... 2, 982 2, 945 1, 891 1, 939 1, 302
KK F'riitr, labela and pictorial illustrationr .... 31, 848 34, 563 35, 577 35, 233 31, 095
&K
L Motion-picture photoplays .............. 1, 312 1, 254 1, 330 1, 528 1, 663
M Motion pictw- not photoplap .......... 2, 741 1, 914 2, 111 2, 141 2, 461
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Total ..........................354, 856 364, 567 320, 590 338, 544 321, 227
REPORT OF THE REGISTER OF COPYRIGHTS. 1951 11
REOISIRA'IION BY SUBJECT U A m R CLASSES FOR THE FISCAL YEARS 1917 TO 111. INCLUSXVB
Fees Applied
Registrations for prints and labels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 981 at 6.00 71.886.00
Registrations for published works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..122. 337 at 4.00 489. 348.00
Registrations for unpublished works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41. 061 at 4.00 164.244.00
Registrations for renewals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16. 371 at 2.00 32.742.00
Registrations for renewals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 1 at 1.00 1.00