corporation responsible for the infringement: Provided further, That if the publisher of the newspaper or periodical is in anywise interested in the commodity or subject matter advertised, or is the advertiser or advertising agency, or engaged in business with the advertiser or advertising agency, in such wise that the publisher is entitled to any profits or benefit from the sale of the subject matter advertised, or from the handling or placing of such_advertising matter (other than profits derived by the publisher merely from his contract or employment to run such advertising matter in his newspaper or periodical), then the immunity granted by this subsection (f) shall not apply. [Act of January 6, 1897] [Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4966 of the Revised Statutes be, and the same is hereby, amended so as to read as follows: "SEC. 4966. Any person publicly performing or representing any dramatic or musical composition for which a copyright has been obtained, without the consent of the proprietor of said dramatic or musical composition, or his heirs or assigns, shall be liable for damages therefor, such damages in all cases to be assessed at such sum, not less than $100 for the first and $50 for every subsequent performance, as to the court shall appear to be just. If the unlawful performance and representation be willful and for profit, such person or persons shall be guilty of a misdemeanor and upon conviction be imprisoned for a period not exceeding one year. Any injunction that may be granted upon hearing after notice to the defendant by any circuit court of the United States. or by a judge thereof, restraining and enjoining the performance or representation of any such dramatic or musical composition may be served on the parties against whom such injunction may be granted anywhere in the United States, and shall be operative and may be enforced by proceedings to punish for contempt or otherwise by any other circuit court or judge in the United States; but the defendants in said action, or any or either of them, may make a motion in any other circuit in which he or they may be engaged in performing or representing said dramatic or musical composition to dissolve or set aside the said injunction upon such reasonable notice to the plaintiff as the circuit court or the judge before whom said motion shall be made shall deem proper; service of said motion to be made on the plaintiff in person or on his attorneys in the action. The circuit courts or judges thereof shall have jurisdiction to enforce said injunction and to hear and determine a motion to dissolve the same, as herein provided, as fully as if the action were pending or brought in the circuit in which said motion is made. "The clerk of the court, or judge granting the injunction, shall, when required to do so by the court hearing the application to dissolve or enforce said injunction, transmit without delay to said court a certified copy of all the papers on which the said injunction was granted that are on file in his office."] [SEC. 1.] d. In the case of a musical composition, to arrange or adapt said work, to perform said work publicly for profit or to make any arrangement or setting thereof or of the melody thereof in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read, broadcast, produced, performed, exhibited, represented, delivered, transmitted, or communicated: Provided, however, That the provisions of this act, so far as they secure copyright controlling the parts of instruments, being the instruments referred to in subsection (e) of section 1 of the act of March 14, 1909, as amended (U. S. C., title 17, sec. 1 (e)), serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after July 1, 1909, and shal! not include the musical compositions of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen, grants, either by treaty, convention, agreement, or law, to citizens of the United States, similar rights: And provided further, That nothing in this act shall be construed to prohibit the performance of copyright musical works by churches, schools, and/or fraternal organizations, provided the performance is given for charitable or educational or religious purposes, unless a fee is charged for admission to the place where the music is so used; Sec. 64. * All other acts or parts of acts relating to copyrights are hereby repealed, as well as all other laws or parts of laws in conflict with the provisions of this act, except that subsection (e) of sections 1 and 25 of the act of March 4, 1909 as amended (U. 8. C., title 17, secs. 1 (e) and 25 (e)), shall continue in full force and effect in respect of musical compositions copyrighted subsequent to July 1, 1909, and up to January 1, 1932. [Canal Zone: Executive order of March 12, 1907. Canal Zone. Executive order] [By authority of the President, it is ordered: That the patent, trade-mark, and copyright laws of the United States of America are hereby extended to and made effective within the Canal Zone, to the extent that any patent or copyright issued under the laws of the United States, or any trade-mark duly registered in the Patent Office of the United States, shall vest in the person to whom issued or in whose name registered, his assigns and licensees, subject to the protection of the Circuit and Supreme Courts of the Canal Zone, the same exclusive right of property therein that such person would possess in the United States. Effective April 15, 1907. WAR DEPARTMENT, Washington, D. C., March 12, 1907.] WM. H. TAFT, Secretary of War. [Repealed as to copyright] [SEC. 1.] That copyright throughout the United States and its dependencies is hereby secured and granted to authors, subject to the provisions of this act, • * Sec. 18. All actions, suits, or proceedings arising under the copyright laws of the United States shall be originally cognizable by the district courts of the United States, the district court of any Territory, the Supreme Court of the District of Columbia, the district courts of Alaska, Hawaii, Panama Canal Zone, and Porto Rico, and the courts of first instance of the Philippine Islands, and any court given jurisdiction under this section may proceed in any action, suit, or proceeding instituted for violation of any provision of said laws to enter a judgment or decree enforcing the remedies provided by this act. O WAR DEPARTMENT CONTRACTS JUNE 14, 1930.-Ordered to be printed Mr. RANSLEY, from the committee of conference, submitted th following CONFERENCE REPORT [To accompany S. 4017] The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 4017) to amend the act of May 29, 1928, pertaining to certain War Department contracts by repealing the expiration date of that act, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its amendment, and agree to the same. HARRY C. RANSLEY, Managers on the part of the House of Representatives. DAVID A. REED, FRANK L. GREENE, MORRIS SHEPPARD, Managers on the part of the Senate. 1 STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE This measure, S. 4017, when considered on the floor of the House, was amended on motion of Mr. Taber so as to limit the extension of time called for in the act to one year. This amendment was offered and accepted by the members of the Military Affairs Committee, wich had reported the Senate measure unanimously without amendment, because one of the provisions of a House bill, i. e., H. R. 5568 when it becomes a law will automatically rescind S. 4017. However, as the next session of Congress is the short one, it may be impossible to secure final enactment of H. R. 5568. This would make necessary a further extension of time, a difficult thing to do in the limited time available. Inasmuch as the whole purpose of S. 4017 is to give a necessary extension of authority to the War Department until the provisions of H. R. 5568 become law your conferees deemed it to the best interest of the Government to have the language of the Senate bill finally enacted, and accordingly recommend that the House recede. HARRY C. RANSLEY, HARRY M. WURZBACH, Managers on the part of the House. O |