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BEING THE ACT OF JULY 8, 1870.
4948. Copyrights to be under 4962. Publication of notice of
charge of Librarian of Con entry for copyright pregress.
scribed. 4949. Seal of office.
4963. Penalty for false publi4950. Bond of Librarian.
cation of notice of entry. 4951. Annual report.
4964. Damages for violation 4952. What publications may of copyright of books.
be entered for copyright. 4965. For violating copyright 4953. Term of Copyrights. of maps, charts, prints, etc. 4954. Continuance of term. 4966. For violating copyright 4955. Assignment of copy of dramatic compositions. rights and recording.
4967. Damages for printing 4956. Deposit of title and pub or publishing any manuscript lished copies.
without consent of author, 4957. Book of entry and at etc. tested copy
4968. Limitation of action in 4958. Fees.
copyright cases. 4959. Copies of copyright 4969. Defenses to action in
works to be furnished to copyright cases.
Librarian of Congress. 4970. Injunctions in copyright 4960. Penalty for omission. 4961. Postmaster to give re 4971. Aliens and non-resiceipts.
dents not privileged.
NOTE. — The sections printed in large type are still in force. Sections printed in small type have been amended. (See Act of 1891.)
Seal of office.
Bond of Librarian.
Copyrights to Sec. 4948. All records and other things be under Charger of Lion relating to copyrights and required by law to
be preserved, shall be under the control of the Librarian of Congress, and kept and preserved in the Library of Congress; and the Librarian of Congress shall have the immediate care and supervision thereof, and, under the supervision of the joint committee of Congress on the Library, shall perform all acts and duties required by law touching copyrights.
SEC. 4949. The seal provided for the office of the Librarian of Congress shall be the seal thereof, and by it all records and papers issued from the office and to be used in evidence shall be authenticated.
SEC. 4950. The Librarian of Congress shall give a bond, with sureties, to the Treasurer of the United States, in the sum of five thousand dollars, with the condition that he will render to the proper officers of the Treasury a true account of all moneys received by virtue of his office.
SEC. 4951. The Librarian of Congress shall make an annual report to Congress of the number and description of copyright publications for which entries have been made during the
year. What publica- Sec. 4952. (Amended; see Act of 1891.) Any citizen of the tions may be
United States or resident therein, who shall be the author, copyright. inventor, designer, or proprietor of any book, map, chart, dra
matic or musical composition, engraving, cut, print,* or photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts, and the executors, administra
* See Act of 1874, sec. 3.
tors, or assigns of any such person shall, upon complying with the provisions of this chapter, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending the same; and, in the case of a dramatic composition, of publicly performing or representing it, or causing it to be performed or represented by others. And authors may reserve the right to dramatize or to translate their own works. Sec. 4953. Copyrights shall be granted for Term of copy
rights. the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed. SEC. 4954. (Amended; see Act of 1891.) The author, inven- Continuance of
term, tor, or designer, if he be still living and a citizen of the United States or resident therein, or his widow or children, if he be dead, shall have the same exclusive right continued for the further term of fourteen years, upon recording the title of the work or description of the article so secured a second time, and complying with all other regulations in regard to original copyrights, within six months before the expiration of the first term. And such person shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more newspapers, printed in the United States, for the space of four weeks.
Sec. 4955. Copyrights shall be assignable in Assignment of law, by any instrument of writing, and such recording. assignment shall be recorded in the office of the Librarian of Congress within sixty days after its execution; in default of which it shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice.
SEC. 4956. (Amended; see Act of 1891.) No person shall be Deposit of title entitled to a copyright unless he shall, before publication, deliver
copies. at the office of the Librarian of Congress or deposit in the mail addressed to the Librarian of Congress, at Washington, District of Columbia, a printed copy of the title of the book or other article, or a description of the painting, drawing, chromo, statue, statuary, or a model or design for a work of the fine arts, for which he desires a copyright, nor unless he shall also,
within ten days from the publication thereof, deliver at the office of the Librarian of Congress or deposit in the mail addressed to the Librarian of Congress, at Washington, District of Columbia, two copies of such copyright book or other article, or in case of a painting, drawing, statue, statuary, model, or design for a work of the fine arts, a photograph of the same.
Book of entry and attested copy.
SEC. 4957. The Librarian of Congress shall record the name of such copyright book or other article, forthwith, in a book to be kept for that purpose, in the words following: “ Library of Congress, to wit: Be it remembered that on the
A.B., of hath deposited in this office the title of a book, (map, chart, or otherwise, as the case may be, or description of the article,) the title or description of which is in the following words, to wit; (here insert the title or description) the right whereof he claims as author, (originator, or proprietor, as the case may be,) in conformity with the laws of the United States respecting copyrights. C. D., Librarian of Congress.” And he shall give a copy of the title or description, under the seal of the Librarian of Congress, to the proprietor whenever he shall require it.
SEC. 4958. (Amended; see Act of 1891.) The Librarian of Congress shall receive, from the persons to whom the services designated are rendered, the following fees :
First. For recording the title or description of any copyright book or other article, fifty cents.
Second. For every copy under seal of such record actually given to the person claiming the copyright, or his assigns, fifty cents.
Third. For recording any instrument of writing for the assignment of a copyright, fifteen cents for every one hundred words.*
* See Act of 1874, sec. 2.
Fourth. For every copy of an assignment, ten cents for every one hundred words.*
All fees so received shall be paid into the treasury of the United States.
SEC. 4959. (Amended; see Act of 1891.) The proprietor of Copies of copyevery copyright book or other article shall deliver at the office be furnished to of the Librarian of Congress, or deposit in the mail addressed Librarian of
Congress. to the Librarian of Congress at Washington, District of Columbia, within ten days after its publication, two complete printed copies thereof, of the best edition issued, or description or photograph of such article as hereinbefore required, and a copy of every subsequent edition wherein any substantial changes shall be made.
SEC. 4960. For every failure on the part of Penalty for the proprietor of any copyright to deliver or deposit in the mail either of the published copies, or description or photograph, required by sections four thousand nine hundred and fiftysix, and four thousand nine hundred and fiftynine, the proprietor of the copyright shall be liable to a penalty of twenty-five dollars, to be recovered by the Librarian of Congress, in the name of the United States, in an action in the nature of an action of debt, in any district court of the United States within the jurisdiction of which the delinquent may reside or be found.
SEC. 4961. The postmaster to whom such Postmaster to copyright book, title, or other article is delivered, shall, if requested, give a receipt therefor; and when so delivered he shall mail it to its destination.
SEC. 4962. No person shall maintain action for the infringement of his copyright for copyright unless he shall give notice thereof by inserting in the several copies of every edition published,
* See Act of 1874, sec. 2.
an Publication of
notice of entry