« iepriekšējāTurpināt »
process, or photo-engraving process,
that such process was wholly performed within the limits of the United States, and that the printing of the text and binding of the said book have also been performed within the limits of the United States. Such affidavit shall state, also, the place where and the establishment or establishments in which such type was set, or plates were made, or lithographic process, or photo-engraving process or printing and binding were performed, and the date of the completion of the printing of the book or the date of publication.
SEC. 17. That any person who, for the purpose of obtaining registration of a claim to copyright, shall knowingly make a false affidavit as to his having complied with the above conditions shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, and all of his rights and privileges under said copyright shall thereafter be forfeited.
Sec. 18. That the notice of copyright required by section nine of this Act shall consist either of the word Copyright " or the abbreviation “Copr.," accompanied by the name of the copyright proprietor, and if the work be a printed literary, musical, or dramatic work, the notice shall include, also, the year in which the copyright was secured by publication. In the case, however, of copies of works specified in subsections (f) to (k), inclusive, of section five of this Act, the notice may consist of the letter C inclosed within a circle, thus : (C), accompanied by the initials, monogram, mark, or symbol of the copyright proprietor : Provided, That on some accessible portion of such copies or of the margin, back, permanent base, or pedestal, or of the substance on which such copies shall be mounted, his name shall appear. But in the case of works in which copyright is subsisting when this Act shall go into effect, the notice of copyright may be either in one of the forms prescribed herein or in one of those prescribed by the Act of June eighteenth, eighteen hundred and seventy-four.
SEC. 19. That the notice of copyright
shall be applied, in the case of a book or other printed publication, upon its title-page or the page immmediately following, or if a periodical either upon the title-page or upon the first page of text of each separate number or under the title heading, or if a musical work either upon its title-page or the first page of music : Provided, That one notice of copyright in each volume or in each number of a newspaper or periodical published shall suffice.
Sec. 20. That where the copyright proprietor has sought to comply with the provisions of this Act with respect to notice, the omission by accident or mistake of the prescribed notice from a particular copy or copies shall not invalidate the copyright or prevent recovery for infringement against any person who, after actual notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an innocent infringer who has been misled by the omission of the notice ; and in a suit for infringement no permanent injunction shall be had unless the copyright proprietor shall reimburse to the innocent infringer his reasonable outlay innocently incurred if the court, in its discretion, shall so direct. Sec. 21.
That in the case of a book published abroad in the English language before publication in this country, the deposit in the copyright office, not later than thirty days after its publication abroad, of one complete copy of the foreign edition, with a request for the reservation of the copyright and a statement of the name and nationality of the author and of the copyright proprietor and of the date of publication of the said book, shall secure
to the author or proprietor an ad interim copyright, which shall have all the force and effect given to copyright by this Act, and shall endure until the expiration of thirty days after such deposit in the copyright office.
SEC. 22. That whenever within the period of such ad interim protection an authorized edition of such book shall be published within the United States, in accordance with
the manufacturing provisions specified in newal and extension, the copyright in any section fifteen of this Act, and whenever the work shall determine at the expiration of provisions of this Act as to deposit of twenty-eight years from first publication. copies, registration, filing of affidavit, and Sec. 24. That the copyright subsisting in the printing of the copyright notice shall any work at the time when this Act goes into have been duly complied with, the copyright effect may, at the expiration of the term proshall be extended to endure in such book for vided for under existing law, be renewed and the full term elsewhere provided in this Act. extended by the author of such work if still
Sec. 23. That the copyright secured by living, or the widow, widower, or children this Act shall endure for twenty-eight years of the author, if the author be not living, or from the date of first publication, whether if such author, widow, widower, or children the copyrighted work bears the author's be not living, then by the author's executrue name or is published anonymously or tors, or in the absence of a will, his next of under an assumed name : Provided, That in kin, for a further period such that the entire the case of any posthumous work or of any term shall be equal to that secured by this periodical, cyclopædic, or other composite Act, including the renewal period : Provided, work upon which the copyright was origi- however, That if the work be a composite nally secured by the proprietor thereof, or of work upon which copyright was originally any work copyrighted by a corporate body secured by the proprietor thereof, then such (otherwise than as assignee or licensee of proprietor shall be entitled to the privilege the individual author), or by an employer of renewal and extension granted under this for whom such work is made for hire, the section : Provided, That application for such proprietor of such copyright shall be entitled renewal and extension shall be made to the to a renewal and extension of the copyright copyright office and duly registered therein in such work for the further term of twenty- within one year prior to the expiration of the eight years when application for such re- existing term. newal and extension shall have been made to SEC. 25. That if any person shall infringe the copyright office and duly registered the copyright in any work protected under therein within one year prior to the expira- the copyright laws of the United States, such tion of the original term of copyright : And person shall be liable : provided further, That in the case of any other (a) To an injunction restraining such incopyrighted work, including a contribution fringement ; by an individual author to a periodical or to (b) To pay to the copyright proprietor a cyclopædic or other composite work when such damages as the copyright proprietor such contribution has been separately reg
may have suffered due to the infringement, istered, the author of such work, if still liv- as well as all the profits which the infringer ing, or the widow, widower, or children of shall have made from such infringement, and the author, if the author be not living, or if in proving profits the plaintiff shall be resuch author, widow, widower, or children be quired to prove sales only, and the defendant not living, then the author's executors, or in shall be required to prove every element of the absence of a will, his next of kin shall cost which he claims, or in lieu of actual be entitled to a renewal and extension of damages and profits such damages as to the the copyright in such work for a further court shall appear to be just, and in assessterm of twenty-eight years when application ing such damages the court may, in its disfor such renewal and extension shall have cretion, allow the amounts as hereinafter been made to the copyright office and duly stated, but in the case of a newspaper reregistered therein within one year prior to production of a copyrighted photograph the expiration of the original term of copy- such damages shall not exceed the sum of right : And provided further, That in default two hundred dollars nor be less than the of the registration of such application for re- sum of fifty dollars, and such damages shall
in no other case exceed the sum of five thou- of profits and damages a royalty as provided sand dollars nor be less than the sum of two in section one, subsection (e), of this Act : hundred and fifty dollars, and shall not be Provided, also, That whenever any person, in regarded as a penalty :
the absence of a license agreement, intends First. In the case of a painting, statue, to
use a copyrighted musical composition or sculpture, ten dollars for every infringing upon the parts of instruments serving to recopy made or sold by or found in the pos- produce mechanically the musical work, session of the infringer or his agents or em- relying upon the compulsory license proployees ;
vision of this Act, he shall serve notice of Second. In the case of any work enum- such intention, by registered mail, upon the erated in section five of this Act, except a copyright proprietor at his last address dispainting, statue, or sculpture, one dollar for closed by the records of the copyright office, every infringing copy made or sold by or sending to the copyright office a duplicate found in the possession of the infringer or of such notice ; and in case of his failure so his agents or employees ;
to do the court may, in its discretion, in adThird. In the case of a lecture, sermon, dition to sums hereinabove mentioned, award or address, fifty dollars for every infringing the complainant a further sum, not to exceed delivery ;
three times the amount provided by section Fourth. In the
of dramatic one, subsection (e), by way of damages, dramatico-musical or a choral or orchestral and not as a penalty, and also a temporary composition, one hundred dollars for the injunction until the full award is paid. first and fifty dollars for every subsequent Rules and regulations for practice and proinfringing performance ; in the case of other cedure under this section shall be prescribed musical compositions, ten dollars for every by the Supreme Court of the United States. infringing performance ;
Sec. 26. That any court given jurisdiction (c) To deliver up on oath, to be im- under section thirty-four of this Act may pounded during the pendency of the action, proceed in any action, suit, or proceeding inupon such terms and conditions as the court stituted for violation of any provision hereof may prescribe, all articles alleged to infringe to enter a judgment or decree enforcing the a copyright ;
remedies herein provided. (d) To deliver up on oath for destruc- Sec. 27. That the proceedings for an intion all the infringing copies or devices, as junction, damages, and profits, and those for well as all plates, molds, matrices, or other the seizure of infringing copies, plates, means for making such infringing copies as molds, matrices, and so forth, aforementhe court may order ;
tioned, may be united in one action. (e) Whenever the owner of a musical Sec. 28. That any person who wilfully copyright has used or permitted the use of and for profit shall infringe any copyright the copyrighted work upon the parts of musi- secured by this Act, or who shall knowingly cal instruments serving to reproduce me- and wilfully aid or abet such infringement, chanically the musical work, then in case of shall be deemed guilty of a misdemeanor, infringement of such copyright by the un- and upon conviction thereof shall be punauthorized manufacture, use,
sale of ished by imprisonment for not exceeding interchangeable parts, such as disks, rolls, one year, or by a fine of not less than one bands, or cylinders for use in mechanical hundred dollars nor more than one thousand music-producing machines adapted to repro- dollars, or both, in the discretion of the duce the copyrighted music, no criminal court : Provided, however, That nothing in action shall be brought, but in a civil action this Act shall be so construed as to prevent an injunction may be granted upon such the performance of religious or secular terms as the court may impose, and the works, such as oratorios, cantatas, masses, plaintiff shall be entitled to recover in lieu or octavo choruses by public schools, church
choirs, or vocal societies, rented, borrowed, (b) To a foreign newspaper or magazine, or obtained from some public library, public although containing matter copyrighted in school, church choir, school choir, or vocal the United States printed or reprinted by society, provided the performance is given authority of the copyright proprietor, unless for charitable or educational purposes, and such newspaper or magazine contains, also, not for profit.
copyright matter printed or reprinted withSEC. 29. That any person who, with out such authorization ; fraudulent intent, shall insert or impress any (c) To the authorized edition of a book notice of copyright required by this Act, or in a foreign language or languages of which words of the same purport, in or upon any only a translation into English has been uncopyrighted article, or with fraudulent in- copyrighted in this country ; tent shall remove or alter the copyright no- (d) To any book published abroad with tice upon any article duly copyrighted shall the authorization of the author or copyright be guilty of a misdemeanor, punishable by proprietor when imported under the circuma fine of not less than one hundred dollars stances stated in one of the four sub-diviand not more than one thousand dollars. sions following, that is to say : Any person who shall knowingly issue or First. When imported, not more than one sell any article bearing a notice of United copy at one time, for individual use and not States copyright which has not been copy- for sale ; but such privilege of importation righted in this country, or who shall know- shall not extend to a foreign reprint of a ingly import any article bearing such notice book by an American author copyrighted in or words of the same purport, which has not the United States ; been copyrighted in this country, shall be Second. When imported by the authority liable to a fine of one hundred dollars. or for the use of the United States ;
Sec. 30. That the importation into the Third. When imported, for use and not United States of any article bearing a false for sale, not more than one copy of any such notice of copyright when there is no exist- book in any one invoice, in good faith, by ing copyright thereon in the United States, or for any society or institution incorporated or of any piratical copies of any work copy- for educational, literary, philosophical, scienrighted in the United States, is prohibited. tific, or religious purposes, or for the en
Sec. 31. That during the existence of the couragement of the fine arts, or for any colAmerican copyright in any book, the im- lege, academy, school, or seminary of learnportation into the United States of any ing, or for any State, school, college, unipiratical copies thereof 'or of any copies versity, or free public library in the United thereof (although authorized by the author States ; or proprietor ) which have not been pro- Fourth. When such books form parts of duced in accordance with the manufacturing libraries or collections purchased en bloc for provisions specified in section fiiteen of this the use of societies, institutions, or libraries Act, or any plates of the same not made designated in the foregoing paragraph, or from type set within the limits of the United form parts of the libraries or personal bagStates, or any copies thereof produced by gage belonging to persons or families arrivlithographic or photo-engraving process not ing from foreign countries and are not inperformed within the limits of the United tended for sale : Provided, That copies imStates, in accordance with the provisions of ported as above may not lawfully be used in section fifteen of this Act, shall be, and is any way to violate the rights of the prohereby, prohibited : Provided, however, That, prietor of the American copyright or annul except as regards piratical copies, such pro- or limit the copyright protection secured by hibition shall not apply :
this Act, and such unlawful use shall be (a) To works in raised characters for the deemed an infringement of copyright. use of the blind ;
Sec. 32. That any and all articles prohibited importation by this Act which are filed by any party aggrieved, to grant inbrought into the United States from any junctions to prevent and restrain the violaforeign country (except in the mails ) shall tion of any right secured by said laws, acbe seized and forfeited by like proceedings cording to the course and principles of as those provided by law for the seizure and courts of equity, on such terms as said court condemnation of property imported into the or judge may deem reasonable. Any injuncUnited States in violation of the customs tion that may be granted restraining and enrevenue laws. Such articles when forfeited joining the doing of anything forbidden by shall be destroyed in such manner as the this Act may be served on the parties against Secretary of the Treasury or the court, as whom such injunction may be granted anythe case may be, shall direct : Provided, how- where in the United States, and shall be ever, That' all copies of authorized editions operative throughout the United States and of copyright books imported in the mails or be enforceable by proceedings in contempt otherwise in violation of the provisions of or otherwise by any other court or judge this Act may be exported and returned to possessing jurisdiction of the defendants. the country of export whenever it is shown Sec. 37. That the clerk of the court, or to the satisfaction of the Secretary of the judge granting the injunction, shall, when Treasury, in a written application, that such required so to do by the court hearing the importation does not involve wilful negli- application to enforce said injunction, transgence or fraud.
mit without delay to said court a certified Sec. 33. That the Secretary of the Treas- copy of all the papers in said cause that are ury and the Postmaster-General are hereby. on file in his office. empowered and required to make and en- Sec. 38. That the orders, judgments, or force such joint rules and regulations as shall decrees of any court mentioned in section prevent the importation into the United thirty-four of this Act arising under the States in the mails of articles prohibited im- copyright laws of the United States may be portation by this Act, and may require no- reviewed on appeal or writ of error in the tice to be given to the Treasury Department manner and to the extent now provided by or Post-Office Department, as the case may law for the review of cases determined in be, by copyright proprietors or injured said courts, respectively. parties, of the actual or contemplated impor- Sec. 39. That no criminal proceeding tation of articles prohibited importation by shall be maintained under the provisions of this Act, and which infringe the rights of this Act unless the same is commenced such copyright proprietors or injured parties. within three years after the cause of action
SEC. 34. That all actions, suits, or proceedings arising under the copyright laws Sec. 40. That in all actions, suits, or proof the United States shall be originally cog- ceedings under this Act, except when nizable by the circuit courts of the United brought by or against the United States or States, the district court of any Territory, any officer thereof, full costs shall be althe supreme court of the District of Co- lowed, and the court may award to the prelumbia, the district courts of Alaska, Hawaii, vailing party a reasonable attorney's fee as and Porto Rico, and the courts of first in- part of the costs. stance of the Philippine Islands.
Sec. 41. That the copyright is distinct Sec. 35. That civil actions, suits, or pro- from the property in the material object ceedings arising under this Act may be in- copyrighted, and the sale or conveyance, by stituted in the district of which the defendant gift or otherwise, of the material object or his agent is an inhabitant, or in which he shall not of itself constitute a transfer of the may be found.
copyright, nor shall the assignment of the Sec. 36. That any such court or judge copyright constitute a transfer of the title to thereof shall have power, upon bill in equity the material object ; but nothing in this Act