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in the United States, or from plates made therefrom; photographs from negatives made in the United States; chromos and lithographs from drawings on stone or transfers therefrom made in the United States."

The law also requires in case of books that there be printed on the title page or the next page, the following words: "Entered according to an Act of Congress in the year .............., by the office of the Librarian of Congress at Washington," or the older general notice. "Copyright 18.., by Without the print

......"

ing of this notice the copyright becomes ineffectual.

The original entry must be made by the author or, if assigned, by the actual owner or proprietor.

The law also requires that where a book is published in more than one volume, each volume shall be separately copyrighted, and where published in serial numbers each number must also be separately copyrighted, as well as the complete work, if the parts are eventually brought together.

In regard to the extension of copyrights, the law gives this privilege to the author himself, if living, and if not, to his heirs or representatives, and provides that the application for such extension shall be made at least six months prior to the expiration of the original term. Under these provisions a curious case has recently arisen, in which a book was first published in serial numbers and the serials copyrighted. Some time after the publication of the serials the parts were brought together and the complete book was copyrighted. An application for an extension was made and allowed in respect to the complete volume, but no application was made or allowed with respect to the serial numbers. The question is, whether or not it was essential to the validity of the copyright that the serialnumber copyright should also have been extended to prevent piracy by putting together serial numbers, for which the copyright had lapsed, which was done by the alleged pirate by simply copying the completed work. The unauthorized publisher, however, asserted that he had taken the serial numbers simply and put them together, claiming a right to do so and asserting that when so done the book did not in any many differ from that which was copyrighted as a complete work. As this case is still pending, it may not be wise to form or express an opinion.

The same rules apply to obtaining copyrights for works of art, except that the petition requires in addition to a descriptive title such descriptive matter as will identify the subject. In paintings, sculpture, etc., instead of two copies of the completed work photographs of the same may be deposited in lieu thereof.

L. L. BOND.

Importations of copyrighted books and works are strictly forbidden, except as to copies not exceeding two for private use; and it is the duty of the Librarian of Congress to furnish a weekly list of copyrights to the Secretary of the Treasury for distribution to custom house officials. The first prohibition of importation was made for the reason that it diminished the King's revenue on paper, and not for the protection of authors and publishers. Such prohibition now stands for their protection, as it will be readily understood that if importation was permitted a copyright could be rendered valueless. A general prohibition or a tax high enough to prevent importation would exclude unprotected as well as protected ones.

TRANSFERS.

A transfer of the manuscript or material before a copyright is obtained enables the proprietor to obtain a copyright in his own name. After the copyright has been perfected it may be assigned by an instrument in writing with two or more subscribing witnesses. It is also subject to mortgage.

Copyright is indivisible as to locality—that is, it cannot be farmed out by state or county rights-but it may be divided or licensed as to time. An absolute assignment also carries with it the right of translation and dramatization.

One of several copyrights may be separately assigned, and copyrights may be sold in the several countries in which they have been obtained without selling all of them.

Where an assignment for a limited period of time is made or a limited license granted, the assignor may sell such copies as he has on hand at the end of the limitation, in this country, while the contrary appears to be the rule in England.

A sheriff's or marshal's sale of copyright plates does not carry with it any right to use them; so that their value is simply that of old metal.

In England a copyright passes to an assignee in bankruptcy without a special writing of assignment. This question does not appear to have been passed upon in this country, but as letters patent have been held to pass by a general assignment where an instrument in writing is also required for a transfer, our courts would probably hold that a copyright also passed to an assignee.

PIRACY.

It is held to be piracy of a copyright when any legal right is infringed. For this reason it has been held that mere plagiarism is not

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piracy; also that a fair use by quotation, for the purpose of refutation, criticism or otherwise, is not piracy.

There is much law on the subject of piracy, but the limits of this article would hardly permit an entry upon this subject fully enough to be of much value. Among those things which are held to be piratical is the reprinting of an entire work, the copying of a substantial, material portion, and where such material portions are mingled with others, as in the case of law reports, the courts have held the entire work to be piratical. The publication complained of may not be such as would serve as a substitute for the original work if any material part is taken, which frequently happens in the case of compilations.

Many cases have arisen under the law regarding translations and dramatizations; in fact, a large number of reported cases refer to the latter. This arises from the fact that a drama or opera need not be printed for the general public in order to hold the copyright, and it has been held to be piracy to take them down either by shorthand or to commit them to memory by frequent hearing and reproduce them in this manner. But time and space will not permit any valuable discussion of these cases or the peculiar points considered and disposed of.

INFRINGEMENT.

The infringement of a copyright may be prosecuted either by a suit at law or in equity. The more usual proceeding is in equity because an injunction rather than damage is desired, and an accounting may be ordered in an equity case. The suits do not materially differ from other equity suits so far as questions of practice are concerned. As no two valid copyrights can be alike, no very useful rules in regard to the amount of damages or the method of accounting can be stated. The law contains a provision for penalties, but these must be proceeded for directly, as penalties cannot be collected in a suit for an injunction and account nor in a suit for damages.

The subject is too large to be carefully presented in a single paper, and I have therefore only gone over the history, the common law and statutory rights, and the questions as to who may obtain a copyright, and how to obtain one, with anything like completeness. These parts present the law with reasonable fullness; but the matters of Piracy, Infringement, Practice, particularly in dramatic and musical compositions, have not been presented with any considerable degree of fullness, but so far as given all the statements will be found fully supported by the authorities.

ROBERT MATHER.

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THE COMMERCE CLAUSE OF THE CONSTITUTION.

ROBERT MATHER, OF CHICAGO.

The Commerce Clause of the Constitution was the outgrowth of the commercial confusion that reigned during the Confederation. In none of its wretched features of incompetency was the Federal compact that preceded the Constitution more conspicuous than in its inability to control commerce among the States and with foreign nations. The discriminating regulations of the several States that harassed and impeded commercial intercourse not only displayed the present weakness of the Federal union, but threatened to restrict its destined growth and greatness. Washington, whose prophetic vision foresaw the mighty empire, the seat of which was to be in the great West and Northwest, also saw that the commercial destiny of this future empire was linked, by the only natural sources of communication that could serve its commerce, the Mississippi and Ohio rivers, to the Spanish power at New Orleans. To save this vast domain, with its ripening promises of greatness, to the American power on the Atlantic coast, he projected artificial means of communication between the East and the West, to serve as "the channel of conveyance of the extensive and valuable trade of a rising empire." Railroads were not then even a dream, or Washington would have been a projector of railroads. As it was, canal communication promised the fulfillment of his designs, and his great energies bent to a plan of improving the navigation of the Potomac river, and connecting its head waters by canal with those of the Ohio. This was the beginning of the Chesapeake and Ohio Canal, and along this line of communication, on which the great surveyor-statesman staked out the course of empire rather than of a canal, one of the trunk systems of inter-state railways subsequently bound the Northwest with bands of steel to the government at Washington. This comprehensive plan for an inter-state system of transportation was impeded, in its inception, by

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the sovereign power of each of the States through which its line should run, to regulate the commerce it was designed to carry. Commissioners were appointed at Washington's suggestion, by Maryland and Virginia, to arrange for co-operation in the scheme. Then came the further suggestion from Washington, that the two States should adopt a uniform system of duties and other commercial regulations. This was followed by an invitation to Pennsylvania and Delaware to join in the plan of co-operation, both for the improved method of transportation and for the uniform system of commercial regulations. From this beginning sprang the invitation of Virginia to all the States to send commissioners to the Annapolis convention to discuss some uniform system of legislation on the subject of trade. The address of Alexander Hamilton, adopted at Annapolis, resulted in the Convention which gave birth to the Constitution.

And thus it came about that a scheme for the establishment of a line of interstate transportation was the originating force in the movement for a more perfect union among the States. I base no plea on this circumstance for the agencies now engaged in that business, for I know of none, since that of promoter Washington, which has been projected on so high a plane.

Conflicts involving the commerce clause have necessarily been precipitated by alleged infringement by State action upon the Federal power. And in these cases, as in other constitutional controversies of the early days, there was waged the irrepressible conflict between the advocates of State rights and the partisans of Federal supremacy. It was in the fire of the Federalizing genius of the great Chief Justice that the commerce clause was first tested. The famous case of Gibbons v. Ogden (9 Wheat., 1), involving the validity of a grant by the State of New York of the exclusive right to navigate with steam vessels the waters of the State, furnished the occasion.

The comprehensive and nationalizing spirit of Marshall never had bolder expression than in the language in which he brushed aside, at the outset of his opinion, the claims of the strict constructionists. His definitions of commerce, of commerce among the States, and of the power to regulate, were all born of his high conception of the national purposes and powers of the Constitution. And when he reached the conclusion that the constitutional power over commerce could "pass the jurisdictional line of New York and act upon the very waters upon which the prohibition now under consideration "applies," it would seem that the State rights forces were completely routed. But they rallied, and, though they failed to convert their impending defeat in this action into victory, they regained and held