PROPOSED LAW

Fourth. In the case of a dramatic or dramatico-musical or a choral or orchestral composition, $100 for the first and $50 for every subsequent infringing performance; in the case of other musical compositions, $10 for every infringing performance;

(c) IMPOUNDING DURING ACTION. To deliver up on oath, to be impounded during the pendency of the action, upon such terms and conditions as the court may prescribe, all articles alleged to infringe a copyright;

(d) DESTRUCTION OF INFRINGING COPIES AND PLATES.-To deliver up on oath for destruction all the infringing copies or devices, as well as all plates, molds, matrices, or other means for making such infringing copies as the court may order.

EXISTING LAW (TO BE REPEALED)

Fourth. In the case of a dramatic or dramatico-musical or a choral or orchestral composition, one hundred dollars for the first and fifty dollars for every subsequent infringing performance; in the case of other musical compositions, ten dollars for every infringing performance;

(c) To deliver up on oath, to be impounded during the pendency of the action, upon such terms and conditions as the court may prescribe, all articles alleged to infringe a copyright;

(d) To deliver up on oath for destruction all the infringing copies or devices, as well as all plates, molds, matrices, or other means for making such infringing copies as the court may order.

(e) ROYALTIES FOR USE OF MECHAN- (e) Whenever the owner of a musical ICAL REPRODUCTION OF MUSICAL WORKS. copyright has used or permitted the -Whenever the owner of a musical use of the copyrighted work upon the copyright has used or permitted the use parts of musical instruments serving to of the copyrighted work upon the parts reproduce mechanically the musical of musical instruments serving to repro- work, then in case of infringement of duce mechanically the musical work, such copyright by the unauthorized then in case of infringement of such manufacture, use, or sale of interchangecopyright by the unauthorized manu- able parts, such as disks, rolls, bands, facture, use, or sale of interchangeable parts, such as disks, rolls, bands, or cylinders for use in mechanical musicproducing machines adapted to reproduce the copyrighted music, no criminal action shall be brought, but in a civil action an injunction may be granted upon such terms as the court may impose, and the plaintiff shall be entitled to recover in lieu of profits and damages a royalty as provided in section 1, subsection (e), of this title: Provided also, That whenever any person, in the absence of a license agreement, intends to use a copyrighted musical composition upon the parts of instruments serving to reproduce mechanically the musical work, relying upon the compulsory license provision of this title, he shall serve notice of such intention, by registered mail, upon the copyright proprietor at his last address disclosed by the records of the copyright office, sending to the copyright office a duplicate of such notice; and in case of his failure so to do the court may, in its discretion, in addition to sums hereinabove mentioned, award the complainant a further sum, not to exceed three times the amount provided by section 1, subsection (e), of this title, by way of damages, and not as a penalty and also a temporary injunction until the full award is paid.

or cylinders for use in mechanical musicproducing machines adapted to reproduce the copyrighted music, no criminal action shall be brought, but in a civil action an injunction may be granted upon such terms as the court may impose, and the plaintiff shall be entitled to recover in lieu of profits and damages a royalty as provided in section one, subsection (e), of this Act: Provided also, That whenever any person, in the absence of a license agreement, intends to use a copyrighted musical composition upon the parts of instruments serving to reproduce mechanically the musical work relying upon the compulsory license provision of this Act, he shall serve notice of such intention, by registered mail, upon the copyright proprietor at his last address disclosed by the records of the copyright office, sending to the copyright office a duplicate of such notice; and in case of his failure so to do the court may, in its discretion, in addition to sums hereinabove mentioned, award the complainant a further sum, not to exceed three times the amount provided by section one, subsection (e), by way of damages, and not as a penalty, and also a temporary injunction until the full award is paid.

103. JOINDER OF PROCEEDINGS FOR SEC. 27. That the proceedings for an DIFFERENT REMEDIES. The proceed- injunction, damages, and profits, and ings for an injunction, damages, and those for the seizure of infringing copies, profits, and those for the seizure of plates, molds, matrices, and so forth, infringing copies, plates, molds, mat- aforementioned, may be united in one rices, and so forth, aforementioned, may be united in one action.

PROPOSED LAW

notice of copyright required by this title, or words of the same purport, in or upon any uncopyrighted article, or with fraudulent intent shall remove or alter the copyright notice upon any article duly copyrighted shall be guilty of a midsemeanor, punishable by a fine of not less than $100 and not more than $1,000. Any person who shall knowingly issue or sell any article bearing a notice of United States copyright which has not been copyrighted in this country, or who shall knowingly import any article bearing such notice or words of the same purport, which has not been copyrighted in this country, shall be liable to a fine of $100.

ARTICLE

EXISTING LAW (TO BE REPEALED)

upon any uncopyrighted article, or with fradulent intent shall remove or alter the copyright notice upon any article duly copyrighted shall be guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars and not more than one thousand dollars. Any person who shall knowingly issue or sell any article bearing a notice of United States copyright which has not been copyrighted in this country, or who shall knowingly import any article bearing such notice or words of the same purport, which has not been copyrighted in this country, shall be liable to a fine of one hundred dollars.

Act, March 4, 1909 (ch. 320, sec. 30, 35 Stat. 1082 (17 U. S. C., 1940 ́ed., sec. 30))

§ 106. IMPORTATION OF SEC. 30. That the importation into BEARING FALSE NOTICE OR PIRATICAL the United States of any article bearing COPIES OF COPYRIGHTED WORK.-The a false notice of copyright when there is importation into the United States of no existing copyright thereon in the any article bearing a false notice of United States, or of any piratical copies copyright when there is no existing of any work copyrighted in the United copyright thereon in the United States, States, is prohibited. or of any piratical copies of any work copyrighted in the United States, is prohibited.

Act March 4, 1909 (ch. 820, sec. 31, 35 Stat. 1082 (17 U. S. C., 1940 ed., sec. 31))

United

§ 107. IMPORTATION, DURING EXIST- SEC. 31. That during the existence ENCE OF COPYRIGHT, OF PIRATICAL of the American copyright in any book COPIES, OR OF COPIES NOT PRODUCED the importation into the United States IN ACCORDANCE WITH SECTION 16 OF of any piratical copies thereof or of any THIS TITLE. During the existence of copies thereof (although authorized by the American copyright in any book the author or proprietor) which have the importation into the United States not been produced in accordance with of any piratical copies thereof or of any the manufacturing provisions specified copies thereof (although authorized by in section fifteen of this Act, or any the author or proprietor) which have plates of the same not made from type not been produced in accordance with set within the limits of the the manufacturing provisions specified States, or any copies thereof produced in section 16 of this title, or any plates by lithographic or photo-engraving of the same not made from type set process not performed within the limits within the limits of the United States, of the United States, in accordance with or any copies thereof produced by the provisions of section fifteen of this lithographic or photoengraving process Act, shall be, and is hereby, prohibited: not performed within the limits of the Provided, however, That, except United States, in accordance with the gards piratical copies, such prohibition provisions of section 16 of this title, is shall not apply: prohibited: Provided, however, That, except as regards piratical copies, such prohibition shall not apply:

(a) To works in raised characters for the use of the blind.

as re

(a) To works in raised characters for

the use of the blind;

(b) To a foreign newspaper or maga(b) To a foreign newspaper or magazine, although containing matter copy- zine, although containing matter copyr righted in the United States printed or righted in the United States printed or reprinted by authority of the copyright reprinted by authority of the copyright proprietor, unless such newspaper or proprietor, unless such newspaper or magazine contains also copyright mat- magazine contains also copyright matter

PROPOSED LAW

ter printed or reprinted without such authorization;

(c) To the authorized edition of a book in a foreign language or languages of which only a translation into English has been copyrighted in this country.

(d) To any book published abroad with the authorization of the author or copyright proprietor when imported under the circumstances stated in one of the four subdivisions following, that is to say:

First. When imported, not more than one copy at one time, for individual use and not for sale; but such privilege of importation shall not extend to a foreign reprint of a book by an American author copyrighted in the United States;

Second. When imported by the authority or for the use of the United States;

Third. When imported, for use and not for sale, not more than one copy 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.

EXISTING LAW (TO BE REPEALED)

printed or reprinted without such authorization.

(c) To the authorized edition of a book in a foreign language or languages of which only a translation into English has been copyrighted in this country.

(d) To any book published abroad with the authorization of the author or copyright proprietor when imported under the circumstances stated in one of the four subdivisions following, that is to say?

First. When imported, not more than one copy at one time, for individual use and not for sale; but such privilege of importation shall not extend to a foreign reprint of a book by an American author copyrighted in the United States.

Second. When imported by the authority or for the use of the United States.

Third. When imported, for use and not for sale, not more than one copy 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;

Fourth. When such books form parts Fourth. When such books form parts of libraries or collections purchased of libraries or collections purchased en en bloc for the use of societies, institu- bloc for the use of societies, institutions, tions, or libraries designated in the or libraries designated in the foregoing foregoing paragraph, or form parts of paragraph, or form parts of the libraries the libraries or personal baggage belong or personal baggage belonging to persons ing to persons or families arriving from or families arriving from foreign counforeign countries and are not intended tries and are not intended for sale: for sale: Provided, That copies imported Provided, That copies imported as above as above may not lawfully be used in may not lawfully be used in any way to any way to violate the rights of the violate the rights of the proprietor of proprietor of the American copyright the American copyright or annul or or annul or limit the copyright protection limit the copyright protection secured secured by this title, and such unlawful by this Act, and such unlawful use shall use shall be deemed an infringement of be deemed an infringement of copyright. copyright.

Act March 4, 1909 (ch. 320, sec. 32, 35 Stat. 1083 (17 U. S. C., 1940 ed., sec. 32))

108. FORFEITURE AND DESTRUCTION SEC. 32. That any and all articles OF ARTICLES PROHIBITED IMPORTA- prohibited importation by this Act TION. Any and all articles prohibited which are brought into the United importation by this title which are States from any foreign country (except brought into the United States from in the mails) shall be seized and forfeited any foreign country (except in the by like proceedings as those provided by mails) shall be seized and forfeited by law for the seizure and condemnation like proceedings as those provided by of property imported into the United law for the seizure and condemnation of States in violation of the customs reveproperty imported into the United nue laws. Such articles when forfeited States in violation of the customs reve- shall be destroyed in such manner as nue laws. Such articles when forfeited the Secretary of the Treasury or the

H. Repts., 79-1, vol. 1-58