Notice of copyright. copies of works of 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. 66 5 accom- 15 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 10 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), incluNotice on maps; sive, of section five of this act, the notice may consist art, photographs, of the letter C inclosed within a circle, thus: and prints. panied by the initials, monogram, mark, or symbol of the cessible portion. 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 20 Notice on exist-of works in which copyright is subsisting when this act ing copyright 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. Notice on ac works. [See note page 28.] on Notice of copyright on book. 25 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 immediately following, or if a On periodical. periodical either upon the title-page or upon the first page of text of each separate number or under the title 30 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. One notice in each volume or periodical. Omission of notice by accident or mistake. SEC. 20. That where the copyright proprietor has 35 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 40 notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an Innocent in 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 45 fringement. shall reimburse to the innocent infringer his reasonable outlay innocently incurred if the court, in its discretion, shall so direct. in the abroad SEC. 21. That in the case of a book published abroad in Book published 5 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 nation10 ality of the author and of the copyright proprietor and of the date of publication of the said book, shall secure to Ad interim the author or proprietor an ad interim copyright, which copyright for 30 shall have all the force and effect given to copyright by this Act, and shall endure until the expiration of thirty 15 days after such deposit in the copyright office. days. full term. SEC. 22. That whenever within the period of such ad Extension interim protection an authorized edition of such book shall be published within the United States, in accordance with the manufacturing provisions specified in section 20 fifteen of this Act, and whenever the provisions of this Act as to deposit of copies, registration, filing of affidavit, Deposit and the printing of the copyright notice shall have been affidavit. duly complied with, the copyright shall be extended to endure in such book for the full term elsewhere provided 25 in this Act. to of copies, filing of copyright: First or composite SEC. 23. That the copyright secured by this Act shall Duration of endure for twenty-eight years from the date of first pub- term, 28 years. lication, whether the copyrighted work bears the author's true name or is published anonymously or under an as30 sumed name: Provided, That in the case of any posthu-Posthumous works, periodimous work or of any periodical, cyclopædic, or other com- cals, cyclopedic posite work upon which the copyright was originally works. secured by the proprietor thereof, or of any work copyrighted by a corporate body (otherwise than as assignee 35 or licensee of the individual author) or by an employer for whom such work is made for hire, the proprietor of such copyright shall be entitled to a renewal and extension of the copyright in such work for the further term 28 years. of twenty-eight years when application for such renewal 40 and extension shall have been made to the copyright office and duly registered therein within one year prior to the expiration of the original term of copyright: And provided further, That in the case of any other copyrighted righted work, including a contribution by an individual st 45 author to a periodical or to a cyclopædic or other compos Renewal term, Other copyworks, first term 28 years. ite work when such contribution has been separately regRenewal term, istered, the author of such work, if still living, or the 28 years; to au thor, widow, chil- widow, widower, or children of the author, if the author dren, heirs, next of kin. or newal term is de sired. in 28 years unless renewed. Extension subsisting copy rights. be not living, or if such author, widow, widower, or children be not living, then the author's executors, or in the 5 absence of a will, his next of kin shall be entitled to a renewal and extension of the copyright in such work for Notice that re- a further term of twenty-eight years when application for such renewal and extension shall have been made to the copyright office and duly registered therein within 10 one year prior to the expiration of the original term of Copyright ends copyright: And provided further, That in default of the registration of such application for renewal and extension, the copyright in any work shall determine at the expiration of twenty-eight years from first publication. 15 of SEC. 24. That the copyright subsisting in any work at the time when this Act goes into effect may, at the expiration of the term provided for under existing law, be renewed and extended by the author of such work if still living, or the widow, widower, or children of the author, 20 if the author be not living, or if such author, widow, widower, or children be not living, then by the author's executors, or in the absence of a will, his next of kin, for a further period such that the entire term shall be equal to that secured by this Act, including the renewal 25 titled to renewal period: Provided, however, That if the work be a comfor composite posite work upon which copyright was originally secured by the proprietor thereof, then such proprietor shall be entitled to the privilege of renewal and extension granted Renewal appli- under this section: Provided, That application for such 30 renewal and extension shall be made to the copyright office and duly registered therein within one year prior to the expiration of the existing term. Proprietor en work. cation. Infringement of copyright. Injunction. SEC. 25. That if any person shall infringe the copyright in any work protected under the copyright laws of the 35 United States such person shall be liable: (a) To an injunction restraining such infringement; (b) To pay to the copyright proprietor such damages as the copyright proprietor may have suffered due to the infringement, as well as all the profits which the infringer 40 shall have made from such infringement, and in proving Proving sales. profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or in lieu of actual damages and profits such damages as to the court shall appear to 45 Newspaper re of photograph; re Infringement Undramatize d or non-dramatic be just, and in assessing such damages the court may, in its discretion, allow the amounts as hereinafter stated, but in case of a newspaper reproduction of a copy-production righted photograph such damages shall not exceed the covery, $50-$200. 5 sum of two hundred dollars nor be less than the sum of fifty dollars, and in the case of the infringement by motion picof an undramatized or nondramatic work by means of tures. motion pictures, where the infringer shall show that he was work, maximum not aware that he was infringing, and that such infringe- damages, $100. 10 ment could not have been reasonably foreseen, such damages shall not exceed the sum of one hundred dollars; and in the case of an infringement of a copyrighted dramatic or dramatico-musical work by a maker of motion pictures and Dramatic work, his agencies for distribution thereof to exhibitors, where such ages, $5,000. 15 infringer shows that he was not aware that he was infringing a copyrighted work, and that such infringements could not reasonably have been foreseen, the entire sum of such damages recoverable by the copyright proprietor from such infringing maker and his agencies for the distribution to 20 exhibitors of such infringing motion picture shall not exceed the sum of five thousand dollars nor be less than two hundred and fifty dollars, and such damages shall in no other case exceed the sum of five thousand dollars nor be less than the sum of two hundred and fifty dollars, and shall not 25 be regarded as a penalty. But the foregoing exceptions shall not deprive the copyright proprietor of any other remedy given him under this law, nor shall the limitation as to the amount of recovery apply to infringements occurring after the actual notice to a defendant, either by service of process in a suit or other written notice served upon him.2 First. In the case of a painting, statue, or sculpture, ten dollars for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees; 30 35 40 Second. In the case of any work enumerated in section five of this Act, except a painting, statue, or sculpture, one dollar for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees; Third. In the case of a lecture, sermon, or address, fifty dollars for every infringing delivery; maximum dam Maximum recovery, $5,000. Minimum covery, $250. re Painting, ture, $10 for every statue, or sculp infringing copy. Other works, $1 ing copy. for every infring Lectures, $50 for every infringing delivery. 1 The word "the" before the words "case of a newspaper reproduction," etc., was struck out by the amendatory Act of August 24, 1912. 2 The words printed in italics indicate the amendments authorized by the amendatory Act of August 24, 1912. Dramatic or musical works, $100 for first and $50 for subsequent infringing performance. Other musical compositions, $10 for every infringing performance. Delivering up infringing articles. infringing copies, etc. Fourth. In the case of a dramatic or dramaticomusical 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 5 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; Destruction of (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; Infringement by mechanical ments. 10 (e) Whenever the owner of a musical copyright has 15 musical instru-used or permitted the use of the copyrighted work upon the parts of musical instruments serving to reproduce mechanically the musical work, then in case of infringement of such copyright by the unauthorized manufacture, use, or sale of interchangeable parts, such as disks, 20 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 Injunction may action an injunction may be granted upon such terms be granted. Recovery royalty. tion to use. as the court may impose, and the plaintiff shall be entitled 25 of 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 30 mechanically the musical work, relying upon the comNotice to pro-pulsory license provision of this Act, he shall serve notice prietor of inten- 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 35 duplicate of such notice; and in case of his failure so to do the court may, in its discretion, in addition to sums Damages, three 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 40 Temporary in- a penalty, and also a temporary injunction until the full award is paid. times a mount provided. junction. Rules for prac tice and proced ure. For rules, see pages 31-35. Rules and regulations for practice and procedure under this section shall be prescribed by the Supreme Court of the United States. 45 |