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Conventions proclaimed as follows protection may be claimed by citizens of the countries named:*
13, 1914 • July 13, 1914 July
13, 1914 July 13, 1914 Apr.
9, 1908 Apr.
9, 1908 July 13, 1914
Statute 38 Stat. 1785. 38 Stat. 1785, 35 Stat. 1934. 38 Stat. 1785, 35 Stat. 1934. 38 Stat. 1785. 38 Stat. 1785. 35 Stat. 1934. 38 Stat. 1785. 38 Stat. 1785. 35 Stat. 1934. 38 Stat. 1785. 35 Stat. 1934. 38 Stat. 1785. 38 Stat. 1785. 38 Stat. 1785. 38 Stat. 1785. 35 Stat. 1934. 35 Stat. 1934. 38 Stat. 1785.
202.4—Protection to foreign citizens under treaty proclamation. The following treaty proclamations extend copyright protection to citizens of the countries named:
China.. Hungary. Japan. Siam. Spain.
17, 1906 .Oct.
12, 1921 Apr.
Statute 33 Stat. 2208. 37 Stat. 1631. 34 Stat. 2890. 42 Stat. 1928. 30 Stat. 1754.
202.5—Protection to parts of musical instruments under treaty proclamation. In the case of the following treaty proclamation protection includes also “copyright controlling the parts of instruments serving to reproduce mechanically the musical work” as provided in section 1 (e) of the Act of March 4, 1909 (35 Stat. 1075; 17 U. S. C. 1 (e)):
Oct. 15, 1912 37 Stat. 1631. * Ed. Note-Proclamation of 1908 followed Convention signed at Mexico City. Proclamation of 1914 followed Convention signed at Buenos Aires.
Rules of Practice and Procedure
Rules adopted by the Supreme Court of the United States for Practice and Procedure Under Section 25 of an Act to Amend and Consolidate the Acts Respecting Copyright, approved March 4, 1909, as amended.
1. Proceedings in actions brought under section 25 of the Act of March 4, 1909, entitled “An Act to amend and consolidate the acts respecting copyright", including proceedings relating to the perfecting of appeals, shall be governed by the Rules of Civil Procedure, in so far as they are not inconsistent with these rules.
A copy of the alleged infringement of copyright, if actually made, and a copy of the work alleged to be infringed, should accompany the petition, or its absence be explained; except in cases of alleged infringement by the public performance of dramatic and dramatico-musical compositions, the delivery of lectures, sermons, addresses, and so forth, the infringement of copyright upon sculptures and other similar works and in any case where it is not feasible.
3. Upon the institution of any action, suit, or proceeding, or at any time thereafter, and before the entry of final judgment or decree therein, the plaintiff or complainant, or his authorized agent or attorney, may file with the clerk of any court given jurisdiction under section 34 of the act of March 4, 1909, an affidavit stating, upon the best of his knowledge, information, and belief, the number and location, as near as may be, of the alleged infringing copies, records, plates, molds, matrices, etc., or other means for making the copies alleged to infringe the copyright, and the value of the same, and with such affidavit shall file with the clerk a bond executed by at least two sureties and approved by the court or a commissioner thereof.
Such bond shall bind the sureties in a specified sum, to be fixed by the court, but not less than twice the reasonable value of such infringing copies, plates, records, molds, matrices, or other means for making such infringing copies, and be conditioned for the prompt prosecution of the action, suit or proceeding; for the return of said articles to the defendant, if they or any of them are adjudged not to be infringements, or if the action abates, or is discontinued before they are returned to the defendant; and for the payment to the defendant of any damages which the court may award to ħim against the plaintiff or complainant. Upon the filing of said affidavit and bond, and the approval of said bond, the clerk shall issue a writ directed to the marshal of the district where the said infringing copies, plates, records, molds, matrices, etc., or other means of making such infringing copies shall be stated in said affidavit to be located, and generally to any marshal of the United States, directing the said marshal to forthwith seize and hold the same subject to the order of the court issuing said writ, or of the court of the district in which the seizure shall be made.
5. The marshal shall thereupon seize said articles or any smaller or larger part thereof he may then or thereafter find, using such force as may be reasonably necessary in the premises, and serve on the defendant a copy of the affidavit, writ, and bond by delivering the same to him personally, if he can be found within the district or if he can not be found, to his agent, if any, or to the person from whose possession the articles are taken, or if the owner, agent, or such person can not be found within the district by leaving said copy at the usual place of abode of such owner or agent, with a person of suitable age and discretion, or at the pla where said articles are found, and shall make immediate return of such seizure, or attempted seizure, to the court. He shall also attach to said articles a tag or label stating the fact of such seizure and warning all persons from in any manner interfering therewith.
6. A marshal who has seized alleged infringing articles, shall retain them in his possession, keeping them in a secure place, subject to the order of the court.
7. Within three days after the articles are seized, and a copy of the affidavit, writ and bond are served as hereinbefore provided, the defendant shall serve upon the clerk a notice that he excepts to the amount of the penalty of the bond, or to the sureties of the plaintiff or complainant, or both, otherwise he shall be deemed to have waived all objection to the amount of the penalty of the bond and the sufficiency of the sureties thereon. If the court sustain the exceptions it may order a new bond to be executed by the plaintiff or complainant, or in default thereof within a time to be named by the court, the property to be returned to the defendant.
8. Within ten days after service of such notice, the attorney of the plaintiff or complainant shall serve upon the defendant or his attorney a notice of the justification of the sureties, and said sureties shall justify before the court or a judge thereof at the time therein stated.
The defendant, if he does not except to the amount of the penalty of the bond or the sufficiency of the sureties of the plaintiff or complainant, may make application to the court for the return to him of the articles seized, upon filing an affidavit stating all material facts and circumstances tending to show that the articles seized are not infringing copies, records, plates, molds, matrices, or means for making the copies alleged to infringe the copyright.
Thereupon the court in its discretion, and after such hearing as it may direct, may order such return upon the filing by the defendant of a bond executed by at least two sureties, binding them in a specified sum to be fixed in the discretion of the court, and conditioned for the delivery of said specified articles to abide the order of the court. The plaintiff or complainant may require such sureties to justify within ten days of the filing of such bond.
11. Upon the granting of such application and the justification of the sureties on the bond, the marshal shall immediately deliver the articles seized to the defendant.
12. Any service required to be performed by any marshal may be performed by any deputy of such marshal.
For services in cases arising under this section, the marshal shall be entitled to the same fees as are allowed for similar services in other cases. Typical Copyright Proclamation by the President of the United States under Section 8
of the Copyright Act
By the President of the United States of America
A PROCLAMATION WHEREAS it is provided by the act of Congress approved March 4, 1909 (ch. 320, 35 Stat. 1075-1088), entitled "An act to amend and consolidate the acts respecting copyright”, that the copyright secured by the act, except the benefits under section 1 (e) thereof as to which special conditions are imposed, shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation, only upon certain conditions set forth in section 8 of the act, to wit:
“(a) When an alien author or proprietor shall be domiciled within the United States at the time of the first publication of his work; or
“(b) When the foreign state or nation of which such author or proprietor is a citizen or subject grants, eit by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this Act or by treaty; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto”; and
WHEREAS it is provided by section 1 (e) that the provisions of the act "so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States similar rights"; and
WHEREAS the President is authorized by section 8 to determine by proclamation made from time to time the existence of the reciprocal conditions aforesaid, as the purposes of the act may require; and
WHEREAS satisfactory official assurances have been received that on and after August 23, 1934, citizens of the United States will be entitled to obtain copyright for their works in Argentina which is substantially equal to the protection afforded by the copyright laws of the United States, including rights similar to those provided by section 1 (e);