This  was  not  essential  under  prior  statutes,  where
registration  was  made  the  basis  of  copyright,  but
provision  had  to  be  made  for  this,  when  the  change
in  theory  of  statutory  copyright  was  made,  to  which
attention  was  directed  eleswhere.^^  By  initiating
copyright  in  such  cases  on  the  deposit  of  copies,  the
same  result  was  reached,  however,  since  such  deposit
was  a  technical  publication.^*'  This  statutory  scheme
is  further  indicated,  with  reasonable  clarity,  by
Section  12  of  the  Act,  which  appears  to  provide  that
"after  copyright  has  been  secured  by  publication
of  the  work  with  notice  of  copyright  as  provided  in
Section  9  of  the  Act"  there  was  to  be  promptly
deposited,  if  the  work  tvas  not  reproduced  in  copies
for  sale,  "the  copy,  print,  photograph  or  other  iden-
tifying reproduction  provided  by  Section  11  of  the
Act."®^  It  will  be  noted  that  this  language  was
appropriate  to  Section  11,  before  the  inclusion
of  motion  pictures,  eo  nomine.  It  was  further
emphasized  by  Section  23  of  the  Act,  which  alone
fixes  the  duration  of  copyright  and  provides  this
shall  be  twenty-eight  years  "from  the  date  of  pub-
lication of  the  work. ' '  ^  775
The  Courts  had  held  that  the  term  ' '  photographs ' '  Practical  rea-

,  sons  for  the

covered  and  included  motion  pictures,***  so  that  as  amendment
Section  11  stood  before  the  amendment  of  1912,
motion  pictures  were  included,  although  not  specific-
ally mentioned.  But  a  motion-picture  film  costs
money  and  even  the  single  copy  required  before  the
section  was  amended,  represented  a  fairly  substan-
tial investment.  Therefore,  although  this  was  by  no
means  the  ostensible  ground  for  the  amendment,

55— See  §  731.
56— See  §  324.
57— See  §  788.
58 — American  Mutoscope,  etc.,  Co.  v.  Edison  Mfg.  Co.,  137  F.  263.
