PROPOSED LAW § 110. JURISDICTION OF ACTIONS UNDER LAWS.-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 District Court of the United States for the District of Columbia, the district courts of Alaska, Hawaii, and Puerto Rico, and the courts of first instance of the Philippine Islands. § 111. DISTRICT IN WHICH ACTIONS MAY BE BROUGHT.-Civil actions, suits, or proceedings arising under this title may be instituted in the district of which the defendant or his agent is an inhabitant, or in which he may be found. EXISTING LAW (TO BE REPEALED) in the United States in such form and accompanied by such exhibits as may be deemed necessary for the practical and efficient administration and enforcement of the provisions of sections 30 and 31 of this Act.' Act March 4, 1909 (ch. 320, sec. 34, 35 Stat. 1084 (17 U. S. C., 1940 ed., sec. 34)) SEC. 34. That all actions, suits, or proceedings arising under the copyright laws of the United States shall be originally cognizable by the circuit 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, and Porto Rico, and the courts of first instance of the Philippine Islands. Act March 4, 1909 (ch. 320, sec. 35, 35 Stat. 1084 (17 U. S. C., 1940 ed., sec. 35)) SEC. 35. That civil actions, suits, or proceedings arising under this Act may be instituted in the district of which the defendant or his agent is an inhabitant, or in which he may be found. Act March 4, 1909 (ch. 320, sec. 36, 35 Stat. 1084 (17 U. S. C., 1940 ed., sec. 36)) § 11. INJUNCTIONS; SERVICE AND SEC. 36. That any such court or ENFORCEMENT.-Any such court or judge thereof shall have power, upon judge thereof shall have power, upon bill in equity filed by any party agbill in equity filed by any party ag- grieved, to grant injunctions to prevent grieved, to grant injunctions to prevent and restrain the violation of any right and restrain the violation of any right secured by said laws, according to the secured by this title, according to the course and principles of courts of course and principles of courts of equity, equity, on such terms as said court or on such terms as said court or judge may judge may deem reasonable. Any indeem reasonable. Any injunction that junction that may be granted restrainmay be granted restraining and enjoin- ing and enjoining the doing of anything ing the doing of anything forbidden by forbidden by this Act may be served on this title may be served on the parties the parties against whom such injuncagainst whom such injunction may be tion may be granted anywhere in the granted anywhere in the United States, United States, and shall be operative and shall be operative throughout the throughout the United States and be United States and be enforceable by enforceable by proceedings in contempt proceedings in contempt or otherwise or otherwise by any other court or judge by any other court or judge possessing possessing jurisdiction of the defendjurisdiction of the defendants. § 113. TRANSMISSION OF CERTIFIED ants. Act March 4, 1909 (ch. 320, sec. 37, 35 Stat. 1084 (17 U. S. C., 1940 ed., sec. 37)). SEC. 37. That the clerk of the court, COPIES OF PAPERS FOR ENFORCEMENT or judge granting the injunction, shall, OF INJUNCTION BY OTHER COURT.-The when required so to do by the court PROPOSED LAW EXISTING LAW (TO BE REPEALED) clerk of the court, or judge granting the hearing the application to enforce said injunction, shall, when required so to injunction, transmit without delay to do by the court hearing the application said court a certified copy of all the to enforce said injunction, transmit papers in said cause that are on file in without delay to said court a certified his office. copy of all the papers in said cause that are on file in his office. § 114. REVIEW OF ORDERS, JUDGMENTS, OR DECREES.-The orders, judgments, or decrees of any court mentioned in section 110 of this title arising under the copyright laws of the United States may be reviewed on appeal in the manner and to the extent now provided by law for the review of cases determined in said courts, respectively. § 115. LIMITATIONS OF CRIMINAL PROCEEDINGS. No criminal proceeding shall be maintained under the provisions of this title unless the same is commenced within three years after the cause of action arose. § 116. Costs; ATTORNEYS' FEES.-In all actions, suits, or proceedings under this title, except when brought by or against the United States or any officer thereof, full costs shall be allowed, and the court may award to the prevailing party a reasonable attorney's fee as part of the costs. Act March 4, 1909 (ch. 320, sec. 38, 35 Stat. 1084 (17 U. S. C., 1940 ed., sec. 38)). SEC. 38. That the orders, judgments, or decrees of any court mentioned in section thirty-four of this Act arising under the copyright laws of the United States may be reviewed on appeal or writ of error in the manner and to the extent now provided by law for the review of cases determined in said courts, respectively. Act March 4, 1909 (ch. 320, sec. 39, 35 Stat. 1084 (17 U. S. C., 1940 ed., sec. 39)) SEC. 39. That no criminal proceeding shall be maintained under the provisions of this Act unless the same is commenced within three years after the cause of action arose. Act March 4, 1909 (ch. 820, sec. 40, 35 Stat. 1084 (17 U. S. C., 1940 ed., sec. 40)) SEC. 40. That in all actions, suits, or proceedings under this Act, except when brought by or against the United States or any officer thereof, full costs shall be allowed, and the court may award to the prevailing party a reasonable attorney's fee as part of the costs. Act March 4, 1909 (ch. 320, sec. 47, 35 Stat. 1085 (17 U. S. C., 1940 ed., sec. 47)) SEC. 47. That all records and other things relating to copyrights required by law to be preserved shall be kept and preserved in the copyright office, Library of Congress, District of Columbia, and shall be under the control of the register of copyrights, who shall, under the direction and supervision of the Librarian of Congress, perform all the duties relating to the registration of §201. COPYRIGHT OFFICE; PRESERVATION OF RECORDS. All records and other things relating to copyrights required by law to be preserved shall be kept and preserved in the copyright office, Library of Congress, District of Columbia, and shall be under the control of the register of copyrights, who shall, under the direction and supervision of the Librarian of Congress, perform all the duties relating to the regis- copyrights. tration of copyrights. PROPOSED LAW § 202. REGISTER, ASSISTANT REGISTER, AND SUBORDINATES.-There shall be appointed by the Librarian of Congress a Register of Copyrights, and one Assistant Register of Copyrights, who shall have authority during the absence of the Register of Copyrights to attach the copyright office seal to all papers issued from the said office and to sign such certificates and other papers as may be necessary. There shall also be appointed by the Librarian such subordinate assistants to the register as may from time to time be authorized by law. § 203. SAME; DEPOSIT OF MONEYS RECEIVED; REPORTS.-The Register of Copyrights shall make daily deposits in some bank in the District of Columbia, designated for this purpose by the Secretary of the Treasury as a national depository, of all moneys received to be applied as copyright fees, and shall make weekly deposits with the Secretary of the Treasury, in such manner as the latter shall direct, of all copyright fees actually applied under the provisions of this title, and annual deposits of sums received which it has not been possible to apply as copyright fees or to return to the remitters, and shall also make monthly reports to the Secretary of the Treasury and to the Librarian of Congress of the applied copyright fees for each calendar month, together with a statement of all remittances received, trust funds on hand, moneys refunded, and unapplied bal ances. § 204. SAME; BOND.-The Register of Copyrights shall give bond to the United States in the sum of $20,000, in form to be approved by the General Counsel for the Department of the Treasury and with sureties satisfactory to the Secretary of the Treasury, for the faithful discharge of his duties. EXISTING LAW (TO BE REPEALED) Act March 4, 1909 (ch. 320, sec. 48, 35 Stat. 1085 (17 U. S. C., 1940 ed., sec 48)) SEC. 48. That there shall be appointed by the Librarian of Congress a register of copyrights, at a salary of four thousand dollars per annum, and one assistant register of copyrights, at a salary of three thousand dollars per annum, who shall have authority during the absence of the register of copyrights to attach the copyright office seal to all papers issued from the said office and to sign such certificates and other papers as may be necessary. There shall also be appointed by the Librarian such subordinate assistants to the register as may from time to time be authorized by law. Act March 4, 1909 (ch. 820, sec. 49, 35 Stat. 1085 (17 U. S. C., 1940 ed., sec. 49)) SEC. 49. That the register of copyrights shall make daily deposits in some bank in the District of Columbia, designated for this purpose by the Secretary of the Treasury as a national depository, of all moneys received to be applied as copyright fees, and shall make weekly deposits with the Secretary of the Treasury, in such manner as the latter shall direct, of all copyright fees actually applied under the provisions of this Act, and annual deposits of sums received which it has not been possible to apply as copyright fees or to return to the remitters, and shall also make monthly reports to the Secretary of the Treasury and to the Librarian of Congress of the applied copyright fees for each calendar month, together with a statement of all remittances received, trust funds on hand, moneys refunded, and unapplied balances. Act March 4, 1909 (ch. 320, sec. 50, 35 Stat. 1085 (17 U. S. C., 1940 ed., sec. 50)) SEC. 50. That the register of copyrights shall give bond to the United States in the sum of twenty thousand dollars, in form to be approved by the Solicitor of the Treasury and with sureties satisfactory to the Secretary of the Treasury for the faithful discharge of his duties. PROPOSED LAW § 205. SAME; ANNUAL REPORT.-The Register of Copyrights shall make an annual report to the Librarian of Congress, to be printed in the annual report on the Library of Congress, of all copyright business for the previous fiscal year, including the number and kind of works which have been deposited in the copyright office during the fiscal year, under the provisions of this title. § 206. SEAL OF COPYRIGHT OFFICE.The seal used in the copyright office on July 1, 1909, shall be the seal of the copyright office, and by it all papers issued from the copyright office requiring authentication shall be authenticated. § 207. RULES FOR REGISTRATION OF CLAIMS. Subject to the approval of the Librarian of Congress, the Register of Copyrights shall be authorized to make rules and regulations for the registration of claims to copyright as provided by this title. § 208. RECORD BOOKS IN COPYRIGHT OFFICE. The Register of Copyrights shall provide and keep such record books in the copyright office as are required to carry out the provisions of this title, and whenever deposit has been made in the copyright office of a copy of any work under the provisions of this title he shall make entry thereof. § 209. CERTIFICATE OF REGISTRATION; EFFECT AS EVIDENCE; RECEIPT FOR COPIES DEPOSITED.-In the case of each entry the person recorded as the claimant of the copyright shall be entitled to a certificate of registration under seal of the copyright office, to contain the name and address of said claimant, the name of the country of which the author of the work is a citizen or subject, and when an alien author domiciled in the United States at the time of said registration, then a statement of that fact, including his place of domicile, the name of the author EXISTING LAW (TO BE REPEALED) Act March 4, 1909 (ch. 320, sec. 51, 35 Stat. 1085 (17 U. S. C., 1940 ed., sec. 51)) SEC. 51. That the register of copyrights shall make an annual report to the Librarian of Congress, to be printed in the annual report on the Library of Congress, of all copyright business for the previous fiscal year, including the number and kind of works which have been deposited in the copyright office during the fiscal year, under the provisions of this Act. Act March 4, 1909 (ch. 320, sec. 52, 35 Stat. 1085 (17 U.-S. C., 1940 ed., sec. 52)) SEC. 52. That the seal provided under the Act of July eighth, eighteen hundred and seventy, and at present used in the copyright office, shall continue to be the seal thereof, and by it all papers issued from the copyright office requiring authentication shall be authenticated. Act March 4, 1909 (ch. 820, sec. 53, 35 Stat. 1085 (17 U. S. C., 1940 ed., sec. 53)) SEC. 53. That, subject to the approval of the Librarian of Congress, the register of copyrights shall be authorized to make rules and regulations for the registration of claims to copyright as provided by this Act. Act March 4, 1909 (ch. 320, sec. 54, 35 Stat. 1086 (17 U. S. C., 1940 ed., sec. 54)) SEC. 54. That the register of copyrights shall provide and keep such record books in the copyright office as are required to carry out the provisions of this Act, and whenever deposit has been made in the copyright office of a copy of any work under the provisions of this Act he shall make entry thereof. Act March 4, 1909 (ch. 320, sec. 55, 35 Stat. 1086 (17 U. S. C., 1940 ed., sec. 55)) SEC. 55. That in the case of each entry the person recorded as the claimant of the copyright shall be entitled to a certificate of registration under seal of the copyright office, to contain his name and address, the title of the work upon which copyright is claimed, the date of the deposit of the copies of such work, and such marks as to class designation and entry number as shall fully identify the entry. In the case of a book the certificate shall also state the receipt of the affidavit as provided by section sixteen of this Act, and the date of the completion of the printing, or the PROPOSED LAW (when the records of the copyright office shall show the same), the title of the work which is registered for which copyright is claimed, the date of the deposit of the copies of such work, the date of publication if the work has been reproduced in copies for sale, or publicly distributed, and such marks as to class designation and entry number as shall fully indentify the entry. In the case of a book, the certificate shall also state the receipt of the affidavit, as provided by section 17 of this title, and the date of the completion of the printing, or the date of the publication of the book, as stated in the said affidavit. The Register of Copyrights shall prepare a printed form for the said certificate, to be filled out in each case as above provided for in the case of all registrations made after March 2, 1913, and in the case of all previous registrations so far as the copyright office record books shall show such facts, which certificate, sealed with the seal of the copyright office, shall, upon payment of the prescribed fee, be given to any person making application for the same. Said certificate shall be admitted in any court as prima facie evidence of the facts stated therein. In addition to such certificate the register of copyrights shall furnish, upon request, without additional fee, a receipt for the copies of the work deposited to complete the registration. EXISTING LAW (TO BE REPEALED) date of the publication of the book, as stated in the said affidavit. The register of copyrights shall prepare a printed form for the said certificate, to be filled out in each case as above provided for, which certificate, sealed with the seal of the copyright office, shall, upon payment of the prescribed fee, be given to any person making application for the same, and the said certificate shall be admitted in any court as prima facie evidence of the facts stated therein. In addition to such certificate the register of copyrights shall furnish, upon request, without additional fee, a receipt for the copies of the work deposited to complete the registration. As amended by act March 2, 1913 (ch. 97, 37 Stat. 724) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section fifty-five of the Act entitled "An Act to amend and consolidate the Acts respecting copyright," approved March fourth, nineteen hundred and nine, be amended to read as follows: "SEC. 55. That in the case of each entry the person recorded as the claimant of the copyright shall be entitled to a certificate of registration under seal of the copyright office, to contain the name and address of said claimant, the name of the country of which the author of the work is a citizen or subject, and when an alien author domiciled in the United States at the time of said registration, then a statement of that fact, including his place of domicile, the name of the author (when the records of the copyright office shall show the same), the title of the work which is registered for which copyright is claimed, the date of the deposit of the copies of such work, the date of publication if the work has been reproduced in copies for sale, or publicly distributed, and such marks as to class designation and entry number as shall fully identify the entry. In the case of a book, the certificate shall also state the receipt of the affidavit, as provided by section sixteen of this Act, and the date of the completion of the printing, or the date of the publication of the book, as stated in the said affidavit. The register of copyrights shall prepare a printed form for the said certificate, to be filled out in each case as above provided for in the case of all registrations made after this Act goes into effect, and in the case of all previous registrations so far as the copyright office record books shall show such facts, which certificate, sealed with the seal of the |