DEFINITE AMENDMENTS PROPOSED. Sec. 30 (d). International Typographical Union, Interna- "(d) To books in a foreign language or languages, published without the limits of the United States, but deposited and registered for an ad interim copyright under the provisions of this Act; in which case the importation of copies of an authorized foreign edition shall be permitted during the ad interim term of two years, or until such time within this period as an edition shall have been produced in accordance with the manufacturing provisions specified in section thirteen of this Act, or by a lithographic process performed therein as above provided;" (Copyright Hearings, December, 1906, p. 188.) Sec. 30 (e). Third. Library Copyright League (B. C. The Library Copyright League asks that there be omitted from the bill in the report of the committees the words after the words "United States," in line 25, page 24, of the Senate print of the bill No. 6330, through and including the word "proprietor," in line 5, page 25, and that on line 19 of page 24 the word "one" be stricken out and the word "two" be inserted in lieu thereof. Paragraph to read: "Third. When specially imported, for use and not for sale, not more than two copies of any such book in any one invoice, in good faith, by or for any society or institution incorporated for educational, literary, philosophical, scientific, or religious purposes, or for the encouragement of the fine arts, or for any college, academy, school, or seminary of learning, or for any State school, college, university, or free public library in the United States." (Copyright Hearings, December, 1906, pp. 67-68.) SUGGESTIONS AND CRITICISMS NOT ACCOMPANIED BY DEFINITE PROPOSALS FOR PHRASEOLOGY. Sec. 30 (d). Sec. 30 (e). DEFINITE AMENDMENTS PROPOSED. Sec. 30 (e). Fourth. Geo. W. Ogilvie,-Add at end of proviso: "except as provided for in section fifteen," to read: "Provided, That copies imported as above may not lawfully be used in any way to violate the rights of the American copyright proprietor or annul or limit the copyright protection secured by this Act, and such unlawful use shall be deemed an infringement of copyright, except as provided for in section fifteen.” Sec. 31. Edward S. Rogers,-Change to read, omitting the words "as in the case of fraudulent copies": "SEC. 31. That all copies of authorized editions of copyright books imported in violation of the above provisions of this Act may be exported and returned to the country of export, provided it be shown to the satisfaction of the Secretary of the Treasury upon written application that such importation does not involve wilful negligence or fraud. If absence of wilful negligence or fraud be not established to the satisfaction of the Secretary of the Treasury, the importation shall be proceeded against in the manner prescribed by sections twenty-six to twentynine, inclusive, of this Act." Sec. 32. SUGGESTIONS AND CRITICISMS NOT ACCOMPANIED BY DEFINITE PROPOSALS FOR PHRASEOLOGY. Sec. 30 (e). Sec. 32. D. C. Harrington, for The International Textbook Company. As to the jurisdiction of the courts and the form of action to obtain possession of copies of copyrighted books which a defendant is wrongfully reproducing and selling. In equity all the remedies to which he may be entitled under the act should be obtained in one action in equity. Courts of equity have jurisdiction for the purpose of preventing a multiplicity of actions and giving such relief in every case as may do justice ... It may be a saving of litigation if this jurisdiction is given the court and to have it specifically stated in the bill. (Copyright Hearings, December, 1906, p. 153.) Sec. 32. Henry E. Randall. This section, providing that actions may be brought wherever a copy of an alleged infringing work might be sold in any one of the United States, its territories, or possessions, would subject a defendant to a most heavy burden in defending suits of this nature. To have to respond to suits in districts and territories not the residence of defendant is contrary to the general principles in regard to the jurisdiction of courts, and would operate as a practical denial of justice in many cases, because defendant would often find it impossible or impracticable to defend, no matter how just his defense might be. DEFINITE AMENDMENTS PROPOSED. Sec. 32, par. 2. Geo. W. Pound,-Change "may" to "shall" and omit all of that paragraph after the word "inhabitant," to read: "Actions arising under this Act shall be instituted in the district of which the defendant is an inhabitant." (Copyright Hearings, December, 1906, p. 317.) |