SEC. 26. That any court given jurisdiction under sec- Judgment enforcing remedies. tion thirty-four of this Act may proceed in any action, suit, or proceeding instituted for violation of any provision hereof to enter a judgment or decree enforcing the 5 remedies herein provided. 10 junction,etc., may action. SEC. 27. That the proceedings for an injunction, dam-, Proceedings, inages, and profits, and those for the seizure of infringing be united in one copies, plates, molds, matrices, and so forth, aforementioned, may be united in one action. SEC. 28. That any person who willfully and for profit Penalty for willshall infringe any copyright secured by this Act, or who shall knowingly and willfully aid or abet such infringement, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment for 15 not exceeding one year or by a fine of not less than one hundred dollars nor more than one thousand dollars, or both, in the discretion of the court: Provided, however, That nothing in this Act shall be so construed as to pre- tatas, etc., may vent the performance of religious or secular works, such be performed. 20 as oratorios, cantatas, masses, or octavo choruses by pub lic schools, church choirs, or vocal societies, rented, borrowed, or obtained from some public library, public school, church choir, school choir, or vocal society, provided the performance is given for charitable or educa25 tional purposes and not for profit. Oratorios, can moval of notice, Issuing, selling, or importing arti cle bearing false notice; fine $100. SEC. 29. That any person who, with fraudulent intent, False notice of shall insert or impress any notice of copyright required alty for). by this Act, or words of the same purport, in or upon any uncopyrighted article, or with fraudulent intent shall Fraudulent re30 remove or alter the copyright notice upon any article duly fine, $100-$1,000. 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 35 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. 40 Importation prohibited of arti notice and pirat SEC. 30. That the importation into the United States of any article bearing a false notice of copyright when cles bearing false there is no existing copyright thereon in the United ical copies. States, or of any piratical copies of any work copyrighted in the United States, is prohibited. Prohibition of SEC. 31. That during the existence of the American importation books. of copyright in any book the importation into the United States of any piratical copies thereof or of any copies thereof (although authorized by the author or proprietor) which have not been produced in accordance with 5 the manufacturing provisions specified in section fifteen of this Act, or any plates of the same not made from type set within the limits of the United States, or any copies thereof produced by lithographic or photo-engraving process not performed within the limits of the United 10 States, in accordance with the provisions of section fifteen of this Act, shall be, and is hereby, prohibited: Exceptions to Provided, however, That, except as regards piratical portation: copies, such prohibition shall not apply: prohibition of im blind. Works for the (a) To works in raised characters for the use of the 15 blind; Foreign newspapers or magazines. Books in for eign languages of (b) To a foreign newspaper or magazine, although containing matter copyrighted in the United States printed or reprinted by authority of the copyright proprietor, unless such newspaper or magazine contains also 20 copyright matter printed or reprinted without such authorization: (c) To the authorized edition of a book in a foreign which only trans-language or languages of which only a translation into English has been copyrighted in this country; lations are copyighted. Importation of mitted. authorized for- (d) To any book published abroad with the authorizaeign books per- tion of the author or copyright proprietor when imported under the circumstances stated in one of the four subdivisions following, that is to say: 25 First. When imported, not more than one copy 30 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 35 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, 40 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; 45 5 10 chased en bloc. Fourth. When such books form parts of libraries Libraries puror collections purchased en bloc for the use of societies, institutions, or libraries designated in the foregoing paragraph, or form parts of the libraries Books brought or personal baggage belonging to persons or fami- States. lies arriving from foreign countries and are not intended for sale: personally into the United not to be used to Provided, That copies imported as above may Imported copies not lawfully be used in any way to violate the violate copyright. rights of the proprietor of the American copyright or annul or limit the copyright protection secured by this Act, and such unlawful use shall be deemed an infringement of copyright. lawfully imported SEC. 32. That any and all articles prohibited importa- Seizure of un15 tion by this Act which are brought into the United States copies. from any foreign country (except in the mails) shall be seized and forfeited by like proceedings as those provided by law for the seizure and condemnation of property imported into the United States in violation of the cus20 toms revenue laws. Such articles when forfeited shall be destroyed in such manner as the Secretary of the Treasury or the court, as the case may be, shall direct: Provided, however, That all copies of authorized editions of copy-thorized right books imported in the mails or otherwise in viola-imported may be 25 tion of the provisions of this Act may be exported and returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury, in a written application, that such importation does not involve willful negligence or fraud. Copies of au returned. books of eral to make rules ful importation. Postmaster-G e n to prevent unlaw 30 SEC. 33. That the Secretary of the Treasury and the Secretary Treasury and Postmaster-General are hereby empowered and required to make and enforce such joint rules and regulations as shall prevent the importation into the United States in the mails of articles prohibited importation by this Act, 35 and may require notice to be given to the Treasury Department or Post-Office Department, as the case may be, by copyright proprietors or injured parties, of the actual or contemplated importation of articles prohibited importation by this Act, and which infringe the rights of 40 such copyright proprietors or injured parties. courts in copy SEC. 34. That all actions, suits, or proceedings arising Jurisdiction of under the copyright laws of the United States shall be right cases. originally cognizable by the circuit courts of the United States, the district court of any Territory, the supreme 45 court of the District of Columbia, the district courts of District 'which suit may be brought. Alaska, Hawaii, and Porto Rico, and the courts of first in SEC. 35. That civil actions, suits, or proceedings arising Injunctions may be granted. Certified copy of papers filed. Judgments, etc., may be reviewed on appeal or writ of error. Νο criminal proceedings shall SEC. 36. That any such court or judge thereof shall have power, upon bill in equity filed by any party aggrieved, to grant injunctions to prevent and restrain the violation of any right secured by said laws, according to 10 the course and principles of courts of equity, on such terms as said court or judge may deem reasonable. Any injunction that may be granted restraining and enjoining the doing of anything forbidden by this Act may be served on the parties against whom such injunction may 15 be granted anywhere in the United States, and shall be operative throughout the United States and be enforceable by proceedings in contempt or otherwise by any other court or judge possessing jurisdiction of the defendants. SEC. 37. That the clerk of the court, or judge granting the injunction, shall, when required so to do by the court hearing the application to enforce said injunction, transmit without delay to said court a certified copy of all the papers in said cause that are on file in his office. 20 25 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 30 determined in said courts, respectively. SEC. 39. That no criminal proceeding shall be mainbe maintained af- tained under the provisions of this Act unless the same is commenced within three years after the cause of action. ter three years. Full costs shall be allowed. Copyright distinct from prop object. arose. 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. SEC. 41. That the copyright is distinct from the property in material erty in the material object copyrighted, and the sale or conveyance, by gift or otherwise, of the material object shall not of itself constitute a transfer of the copyright, 35 40 copy of copy nor shall the assignment of the copyright constitute a transfer of the title to the material object; but nothing in Transfer of any this Act shall be deemed to forbid, prevent, or restrict righted work perthe transfer of any copy of a copyrighted work the 5 possession of which has been lawfully obtained. 10 mitted. Copyright may gaged, or be SEC. 42. That copyright secured under this or previous be assigned, mortActs of the United States may be assigned, granted, or queathed by will. mortgaged by an instrument in writing signed by the proprietor of the copyright, or may be bequeathed by will. ecuted in foreign knowledged. SEC. 43. That every assignment of copyright executed Assignment exin a foreign country shall be acknowledged by the as-country to be acsignor before a consular officer or secretary of legation of the United States authorized by law to administer oaths or perform notarial acts. The certificate of such ac15 knowledgment under the hand and official seal of such consular officer or secretary of legation shall be prima facie evidence of the execution of the instrument. be recorded. SEC. 44. That every assignment of copyright shall be Assignments to recorded in the copyright office within three calendar 20 months after its execution in the United States or within six calendar months after its execution without the limits of the United States, in default of which it shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, whose assignment 25 has been duly recorded. Register of SEC. 45. That the register of copyrights shall, upon rights to record payment of the prescribed fee, record such assignment, assignments. and shall return it to the sender with a certificate of record attached under seal of the copyright office, and 30 upon the payment of the fee prescribed by this Act he shall furnish to any person requesting the same a certified copy thereof under the said seal. may be substi right notice. SEC. 46. That when an assignment of the copyright in Assignee's name a specified book or other work has been recorded the as- stuted in copy35 signee may substitute his name for that of the assignor in the statutory notice of copyright prescribed by this Act. SEC. 47. That all records and other things relating to copyright reccopyrights required by law to be preserved shall be kept and preserved in the copyright office, Library of Con40 gress, 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 copyrights. |