Copyright Law of the United States.

REGISTRATION OF TRADE-MARKS—Continued.

927

marks previously registered in a foreign country such certificates shall cease to be in force on the day on which the trade-mark ceases to be protected in such foreign country, and shall in no case remain in force more than twenty years, unless renewed. Certificates of registration may be, from time to time, renewed for like periods on payments of the renewal fees required by this act, upon request by the registrant, his legal representatives, or transferces of record in the Patent Office, and such request may be made at any time not more than six months prior to the expiration of the period for which the certificates of registration were issued or renewed. Certificates of registration in force at the date at which this act takes effect shall remain in force for the period for which they were issued, but shall be renewable on the same conditions and for the same periods as certificates issued under the provisions of this act, and when so renewed shall have the same force and effect as certificates issued under this act.

"The registration of a trade-mark under the provisions of this act shall be prima facie evidence of ownership. Any person who shall, without the consent of the owner thereof, reproduce, counterfeit copy, or colorably imitate any such trade-mark and affix the same to merchandise of substantially the same descriptive properties as those set forth in the registration, or to labels, signs, prints, packages, wrappers. or receptacles intended to be used upon or in connection with the sale of inerchandise of substantially the same descriptive properties as those set forth in such registration, and shall use, or shall have used, such reproduction, counterfeit, copy, or colorable imitation in commerce among the several States, or with a foreign nation, or with the Indian tribes, shall be liable to an action for damages therefor at the suit of the owner thereof; and whenever in any such action a verdict is rendered for the plaintiff, the court may enter judgment therein for any sum above the amount found by the verdict as the actual damages, according to the circumstances of the case, not exceeding three times the amount of such verdict, together with the costs."

No trade-mark will be registered which consists of or comprises immoral or scandalous matter, or which consists of or comprises the flag or coat of arms or other insignia of the United States, or any simulation thereof, or of any State or municipality, or of any foreign nation. or which consists of or comprises any design or picture that has been adopted by any fraternal society as its emblem, or of any name, distinguishing mark, character, emblem, colors, lag, or banner adopted by any institution, organization, club, or society which was incorporated in any State in the United States prior to the date of the adoption and use by the applicant: Provided. That said name, distinguishing mark, character, emblem, colors, flag, or banner was adopted and publicly used by said institution, organization, club, or society prior to the date of adoption and use by the applicant; unless it shall be shown to the satisfaction of the Commissioner of Patents that the mark was adopted and used as a trade-mark by the applicant or applicant's predecessors. from whom title is derived, at a date prior to the date of its adoption by such fraternal society as its emblem, or which trade-mark is identical with a registered or known trade-mark owned and in use by another, and appropriated to merchandise of the same descriptive properties, or which so nearly resembles a registered or known trade-mark owned and in use by another, and appropriated to merchandise of the same descriptive properties as to be likely to cause confusion or mistake in the minds of the public, or to deceive purchasers: or which consists merely in the name of an individual, firm, corporation, or association, not written, printed. Impressed, or woven in some particular or distinctive manner or in association with a portrait of the individual, or merely in words or devices which are descriptive of the goods with which they are used, or of the character or quality of such goods, or merely a geographical name or term: no portrait of a living individual will be registered as a trade-mark, except by the consent of such individual evidenced by an instrument in writing; and no trade-mark will be registered which is used in unlawful business, or upon any article injurious in itself, or which has been used with the design of deceiving the public in the purchase of merchandise, or which has been abandoned.

Any mark, used in commerce with foreign nations or among the several States or with Indian tribes, may be registered if it has been in actual and exclusive use as a trade-mark of the applicant, or his predecessors from whom he derived title, for ten years next preceding the passage of the act of February 20, 1905. By Act of Congress approved February 18, 1909, the second section of the trades-mark act was amended 80 as to read as follows:

"The application prescribed in the foregoing section, in order to create any right whatever in favor of the party filling it, must be accompanied by a written declaration verified by the applicant, or by a member of the firm or an officer of the corporation or association applying, to the effect that the applicant believes himself or the firm, corporation, or association in whose behalf he makes the application to be, the owner of the trade-mark sought to be registered, and that no other person, firm, corporation, or association, to the best of the applicant's knowledge and belief, has the right to use such trade-mark in the United States, either in the identical form or in such near resemblance thereto as might be calculated to deceive; that such trade-mark is used in commerce among the several States, or with foreign nations, or with Indian tribes, and that the description and drawing presented truly represent the trade-mark_sought to be registered. If the applicant resides or is located in a foreign country, the statement required shall, in addition to the foregoing, set forth that the trade-mark has been registered by the applicant. or that an application for the registration thereof has been filed by him in the foreign country in which he resides or is located, and shall give the date of such registration, or the application therefor, as the case may be, except that in the application in such cases it shall not be necessary to state that the mark has been used in commerce with the United States or among the States thereof. The verification required by this section may be made before any person within the United States authorized by law to administer oaths, or, when the applicant resides in a foreign country, before any Minister, Charge d'Affaires, Consul, or commercial agent holding commission under the Government of the United States, or before any notary public, Judge. or Magistrate having an official seal and authorized to administer oaths in the foreign country in which the applicant may be whose authority shall be proved by a certificate of a diplomatic or consular officer of the United States."

A fee of $10.00 is required by law to be paid with each application for the registration of a trade-mark, and this fee will include the certificate of registration, if the trade-mark be determined to be registrable.

COPYRIGHT LAW OF THE UNITED STATES.

(Revised by Thorvald Solberg, Register of Copyrights.)

THE Copyright law approved March 4, 1909, which took effect on July 1, 1909, provides that the application for registration of any work "shall specify to which of the following classes the work in which copyright is claimed belongs":

(a) Books, including composite and cyclopedic works, directories, gazetteers and other compilations: (b) periodicals, including newspapers; (c) lectures, sermons, addresses, prepared for oral delivery: (d) dramatic or dramatico-musical compositions; (e) musical compositions; (f) maps; (g) works of art, models or designs for works of art; (h) reproductions of a work of art; (i) drawings or plastic works of a scientific or technical character: (1) photographs; (k) prints and pictorial illustrations. The amendment of August 24," 1912, adds: (1) motion picture photo-plays: (m) motion pictures other than photo-plays.

The application for registration of any artiele should distinctly specify to which one of these classes the

228

United Society of Christian Endeavor.

COPYRIGHT LAW OF THE UNITED STATES-Continued.

work belongs. An article is not entitled to registration unless it is reasonably possible to class it under one or the other of the designatious named in the statute.

For works reproduced in copies for sale or public distribution: 1. Publish the work with the copyright notice. The notice may be in the form "Copyright, 19.... (year date of publication) by... (naine of copyright proprietor), or in case of works specified above (f) to (k) the notice may consist of the Jetter C enclosed in a circle (C) accompanied by the initials, monogram, mark or symbol of the proprietor--provided that his name shall appear on some accessible part of the copies." 2. Promptly after publication send to the Copyright Office, Library of Congress, Washington, D. C., two copies (or if the work is by a foreign citizen and is first published in a foreign country, one copy only) of the best edition of the work, with an application for registration. In the case of motion picture photo-plays and of motion pictures other than photo-plays a description of the work must be filed, together with coples of the reels, and a money order payable to the Register of Copyrights for the statutory registration fee of $1.

In the case of books by American authors, or permanent residents of the United States, the coptes deposited must be accompanied by an affidavit, under the official seal of an officer authorized to administer oaths, stating that the typesetting, printing and binding of the book have been performed within the United States. Affidavit and application forms will be supplied by the Copyright Office on request.

Books of foreign origin in a language or languages other than English are not required to be manufactured in the United States. In the case of a book in the English language published abroad before publication in this country, an ad interim copyright for 30 days from the day of the deposit of the foreign copy may be secured by depositing in the Copyright Office one complete copy of the foreign edition within 30 days after its publication abroad. If two copies of such book manufactured in this country are deposited with application for registration and fee ($1) published during the ad interim term, the copyright shall be extended for the full term of 28 years.

For works not reproduced in copies for sale: Copyright may also be had of certain classes of works (see a, b, c, below) of which copies are not reproduced for sale, by filing in the Copyright Office an application for registration, with the statutory fee of $1, sending therewith: (a) In the case of lectures or other oral addresses or of dramatic or musical compositions,-one, complete manuscript or typewritten copy of the work, This privilege of registration, however, does not exempt the copyright proprietor from the deposit of printed copies of a dramatic or musical composition or lecture where the work is later reproduced in copies for sale. A new application must be made in such cases and another fee of $1 paid. (b) In the case of photographs not intended for general circulation, one photographic print. (c) In the case of works of art (paintings, drawings, sculpture); or of drawings or plastic works of a scientific or technical character, one photograph or other identifying production of the work. In the case of a motion picture photo-play a title and description and one print taken from each scene or act. In case of a motion picture other than a photo-play, a title and description with not less than two prints to be taken from different sections of a complete motion picture. In all these cases, if the work is later reproduced in copies for sale, two copies must then de deposited. For registration of any work subject to copyright, $1, which sum is to include a certificate of registration under seal. But only one registration at one fee is required in the case of several volumes of the same book deposited in the Copyright Office at the same time. For every additional certificate of registration. or copy of record under seal, 50 cents. In the case of photographs the fee shall be 50 cents where a certificate is not requested. For recording and certifying an assignment of copyright, or for a certified copy of an assignment, $ì, if the instrument is not over three hundred words in length; if more than three hundred and less than one thousand words in length, $2; if more than one thousand words in length, $1 additional for each additional one thousand words or fraction thereof over three hundred words. For comparing a copy of an assignment with the record of such document in the Copyright Office and certifying the same under seal, $1. For recording the transfer of the proprietorship of copyright articles, 10 cents for each title of a book or other article, in addition to the fee prescribed for recording the instrument of assignment. For recording an extension or renewal of copyright, 50 cents. Remittances should be made by money order payable to thể Register of Copyrights. Forms for application for copyright registration will be furnished on request.

The original term of copyright runs for twenty-eight years. Within one year prior to the expiration of the original term, the author, if living, or the widow or widower of the author, or the children of the author if he be not living; or if none of these be living then the author's executors, or in the absence of a will, the author's next of kin may secure a renewal for a further term of twenty-eight years, making fifty-six years in all. In case of composite works, if the proprietor secured the original copyrights, he may also secure the renewal.

Copyrights are assignable by any instruments of writing. Every assignment of copyright must be recorded in the Copyright Office within three calendar months after its execution in the United States or within six calendar months after its execution without the limits of the United States. "In default of which It shall be vold as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, whose assignment has been duly recorded." Every assignment of copyright executed in a foreign country must be acknowledged by the assignor before a consular officer or secretary of legation of the United States authorized by law to administer oaths or perform notarial acts. The certificate of such acknowledgment under the hand and official seal of such Consular Officer or Secretary of Legation is prima facie evidence of the execution of the instrument.

INTERNATIONAL COPYRIGHT RELATIONS.

Copyright is not secured in foreign countries by action in the Copyright Office, but only by complying with the legislation of such countries. Copyright relations have been established with the following foreign countries by proclamation of the President: Austria, Belgium, Chile, Costa Rica, Cuba, Denmark, France, Germany, Great Britain and the British possessions, Italy, Luxemburg, Mexicó, Netherlands and possessions, Norway, Portugal, Spain, Sweden, Switzerland, Tunis.

Copyright proclamations have been issued under Sec. 1 (e) of the act of 1909, securing copyright control of mechanical musical reproduction in the U. S. to citizens or subjects of Australia, Belgium, Čuba, France, Germany, Great Britain, Italy, Luxemburg. New Zealand and Norway. The convention with Hungary includes such protection.

Copyright treaties have also been entered into with China, Japan and Hungary (the latter in effect on October 16, 1912). The Copyright Convention of Mexico of 1902 has been ratified by the United States and is effective from July 1, 1908, as between the United States and Costa Rica, Guatemala, Honduras, Nicaragua and Salvador. The Pan-American Copyright Convention signed at Buenos Ayres in 1910 was proclaimed July 13, 1914, and is effective as between the United States and Bolivia, Brazil, Costa Rica. Dominican Republic, Ecuador, Guatemala Honduras, Nicaragua, Panama and Salvador.

UNITED SOCIETY OF CHRISTIAN ENDEAVOR.

The officers: President-Rev. Francis E. Clark, D. D., LL. D. General Secretary-William Shaw; LL. D. Editorial Secretary-Rev. Robert P. Anderson. Treasurer and Publication Manager-A. J. Shartle. Associate President and Citizenship -Superintendent-Daniel A. Poling, LL. D. Extension Secretary-Ira Landrith, D. D., LL. D. Southern States Secretary-Karl Lehmann. General offices, Mount Vernon and Joy Streets, Boston.

United States Patent Office Statistics-1837-1917.

UNITED STATES PATENT OFFICE STATISTICS-1837-1917. (By the Commissioner of Patents. Applications include patents, designs, and reissues. The Caveat Law was repealed June 25, 1910.)

SERIAL NUMBER OF FIRST PATENT AND CERTIFICATE ISSUED IN EACH CALENDAR YEAR.

Number of Patents and Certificates of Registration Issued During Each Calendar Year.

Free (city) delivery service authorized by act of March 3, 1863. Established July 1, 1863. The Arst experimental rural-delivery service was established on October 1, 1896. simultaneously on three routes, from Charleston, Uvilla, and Halltown, W. Va. Special-delivery service authorized by act, of March 3.1885. Established October 1, 1885. Service restricted to delivery of Jetters at any free-delivery office or in any town of 4,000 or more inhabitants. Money-order system went into operation November 1, 1864, under act of Congress of May 17, 1864. International money orders first issued under convention of October 2, 1867. Postal cards first issued May 1, 1873. under act of June 8, 1872.

Postal cards issued (1873) 31,094,000; (1880) 272,550,500; (1890) 429,515,350; (1900) 587.815,250; (1910) 726,441.000; (1916) 1,047,894,000; (1917) 1,112,337,760. Money order omces in operation (1865) 419; (1870) 1,694; (1880) 4,829; (1890) 9,382; (1900) 29,649; (1910) 51,791; (1916) 56.026: (1917) 56,170.

Domestic money orders issued (1865) 74,277; (1870) 1,671,263; (1880) 7,240,537; (1890) 10,624,727; (1900) 32,060,983; (1910) 76,918,036; (1916) 121,636,818; (1917) 133,291,973.

Value of domestic money orders issued-(1865) $1,380,122; (1870) $34,054,184; (1880) $100,352,818; (1890) $114,362,757; (1900) $238,921,009; (1910) $547,998,642; (1916) $719,364,950; (1917) $822,679,623. Value of international money orders issued (1870) $22,189; (1880) $3,463,862; (1890) $13,230,135; (1900) $16,749,018; (1910) $99,742.686; (1911) $109,604,639; (1916) $46,357,386: (1917) $32,284,183.

306,204,033 11,671,842,200

319,838,718 12,451.522,177

324,833,728) 13,065,784.852

Fast Atlantic Ocean Passages,

UNITED STATES POSTAL STATISTICS-Continued.

231

Number of city delivery offices-(1864) 66; (1870) 51; (1880) 104; (1890) 454; (1900) 796; (1910) 1,492:(1916) 1,864; (1917) 1,948.

Number of city delivery carriers—(1864) 685; (1870) 1,362; (1880) 2,628: (1890) 9,066; (1900) 15,322; (1910) 28,715; (1916) 34,114; (1917) 34,592.

Cost of city delivery service (1864) $317,063; (1870) $1,230,079; (1880) $2,363,693: (1890) $7,976,202; (1900) $14,512,190; (1910) $31,683,591; (1916) $43,136,818; (1917) $48,047,712.

Matter of all kinds mailed (1886) 3,474,000,000; (1890) 4,005,408,206: (1900) 7,129,990,202; (1910) 14,850,102,559; (1913) 18,567,445,160.

Number of rural delivery carriers (1897) 83; (1900) 1,276: (1910) 40,977; (1916) 42,766; (1917) 43,338. Rural delivery service mileage—(1897) 1,843; (1900) 28,685; (1910) 993,068 (1916) 1,083,070; (1917) 1,112,556.

Annual travel of rural delivery carriers, in miles-(1908) 287,104,177; (1910) 303,006,851; (1916) 326,434,635; (1917) 336,302,689.

Annual cost of rural delivery service-(1897) $14.840: (1900) $420,433; (1910) $36,914,769: (1916) $51,952,326; (1917) $52,420,000. Special delivery service-pieces delivered-(1887-first full year) 1,024,567; (1890) 1,613,567: (1900) 5,191,594: (1910) 15,440,033; (1916) 27,530,268; (1917) 33,913,650.

RAILWAY MAIL SERVICE.

YEAR.

(Fisc.)

1879.

1880..

1881..

1882..

1885.

91,569 103,521,229 11,963,117 100,563 113,995.318 13.127.715 1883.. 110,208 129,198,641 13,887,800 1884.. 117.160 142.541.392 15.012,603 121,032 151,910,845 16,627,983 1886.. 123,933 165,699,389 17,336,512 1887. 130,949 169,689,866 18,056,272 1888. 143,713 185,485,783] 19,524,959 1889. 150,381 204,192,489 21,639,613 1890.. 154,779 215,715,680| 23,395,232 * 1891.. 159,518 228,719,900 25,183,714 1892. 162,576 239,731,509 27,126,529 1893.. 166,952 252,750,574 28,910,195 1894.. 169,768 264,717,595 30,358,190 1895. 171,212 267,117,737| 31,205,342 1896.. 172.794 268,806,324 32,405,797| 1897. 173.475 273,190,356 33,876,521 1898..

174,777 281,585,612| 34,703,847). Number of railway mall service employés-(1879) 2,609; (1880) 2,946: (1890) 5.836: (1900) 8,695 (1910) 16.795; (1915) 19,599: (1916) 19,318: (1917) 18.976. The cost of the service, aside from sums paid railroads, and including salaries of mail employés, was $28,804,947 in 1916, and $29,234,597 in 1917. Cost of transporting domestic mails, including railway and rural delivery services (1876) $17,791,362, (1880) $20,857,802; (1890) $34.116.243; (1900) $54,135.930; (1910) $81.709.433; (1917) si11,522.255. Cost of transporting foreign mail, including railway and rural delivery service, was $3,155,433 in 917.

New York Packet Ships, 2845: Liverpool to New York-Yorkshire, March 4 to March 25, 21d.; Ashburton, Sept. 22 to Oct. 16, 24d.; Queen of the West. March 7 to April 1, 25d.; Oxford. Aug. 2 to Aug. 29, 274.; Rochester, Aug. 11 to Sept. 7, 27d.; Yorkshire, Nov. 2 to Dec. 1, 29d.; Queen of the West, Nov. 7 to Dec. 5, 28d. Steamships: New York to Queenstown-Sept. 15-20. 1909, Mauretania, of the Cunard Line, 4d., 13h., 41m.; Queenstown to New York, Sept. 11-15, 1910, Mauretanla, 4d.. 10h.. 41m.: New York to Southampton, Nov. 23-29, 1897, Kaiser Wilhelm der Grosse. North German Lloyd Line, 5d., 17h., 8m.; New York to Havre, Aug. 22-28, France, of the Compagnie Generale de Transatlantique, 5d., 17h.: New York to Cherbourg, Jan. 4-10, 1900, Kaiser Wilhelm der Grosse, 5d.. 16h.: Cherbourg to New York, Aug. 19-25. 1908, Kronprinz Cecille, North German Lloyd Line, 5d., 11h., 9m.; New York to Plymouth, Sept. 14-20, 1909, Kronprinz Cecilie, 5d., 7h., 25m.; New York to Naples, Jan. 20-28, 1904, Deutschland, HamburgAmerican Line. 7d., 16h., 44m.

Old Ocean Steamships: Between New York and Queenstown, east or west-1856, Persia, 9d., 1h.. 45m.; 1866, Scotia, 8d., 2h., 48m.; 1869, City of Brussels, 7d., 22h., 3m.; 1873, Baltic, 7d., 20h., 9m.; 1875, City of Berlin, 7d., 15h., 48m.; 1876, Germanic, 7d.. 11h., 37m.: 1877, Britannic, 7d., 10h.. 53m.: 1880. Arizona. 7d., 7h., 23m.; 1882, Alaska, 6d., 18h., 37m.: 1884, Oregon. 6d., 11h.. 9m.; 1884, America, 6d., 10h.: 1887, Umbria, 6d.. 4h.. 42m.; 1888, Etruria, 6d. 1h., 55m.; 1891, Majestic, 5d., 18h., Sm.; 1891, Teutonic, 5d., 16h., 31m.; 1892, City of Parls, 5d., 14h.. 24m.: 1893, Campania, 5d., 12h., 7m.; 1894, Lucania. 5d., 7h.. 23m.

The fastest day's run was made by the Mauretania of the Cunard Line, January, 1911-676 knots. or 27.04 knots per hour.

United States battleship speed record made by the Wyoming, July 19, 1912. On the twenty-first standardization run she made a speed of 22.045 knots. The torpedo boat destroyer McDougal broke all mile speed records for her type in standardization trials off Rockland, Me., in May, 1914. She ploughed the water at the rate of 32.07 knots an hour on her fastest mile. The average of her five full speed runs was 31.516 knots. 1905 record-Allan Line's turbine Steamer Virginian passed Cape Race June 13, 11 A. M., inward bound, having left Moville on the afternoon of June 9, thus crossing in less than four days On March 19, 1914, the freighter Santa Cruz (oil burner) steamed into San Francisco from New York vi the Straits of Magellan. The distance is approximately 13,000 miles and the time consumed was 47d., 4h. GREAT EASTERN. VATERLAND.

Length.
Breadth.
Displacement.

692 ft.
So ft.

Paddle. Screw and Sall: Speed,

27.000 tons. 13 to 14 knots.