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Third. For recording any instrument of writing for the assignment of a copyright, fifteen cents for every one hundred words.

Fourth. For every copy of an assignment, ten cents for every one hundred words.

All fees so received shall be paid into the treasury of the United States.

Statute Revised-July 8, 1870, ch. 230, § 92, 16 Stat. 213.
Prior Statute-June 30, 1834, ch. 157, § 2, 4 Stat. 728.

SEC. 4958 A (Act of June 18, 1874, ch. 301, § 2, 18 Stat. 79). That for recording and certifying any instrument of writing for the assignment of a copyright, the librarian of Congress shall receive from the persons to whom the service is rendered, one dollar; and for every copy of an assignment, one dollar; said fee to cover, in either case, a certificate of the record, under seal of the librarian of Congress; and all fees so received shall be paid into the treasury of the United States.

SEC. 4959. The proprietor of every copyright book or other article shall deliver at the office of the librarian of Congress, or deposit in the mail addressed to the librarian of Congress at Washington, District of Columbia, within ten days after its publication, two complete printed copies thereof, of the best edition issued, or description or photograph of such article as hereinbefore required, and a copy of every subsequent edition wherein any substantial changes shall be made.

§ 93, 16 Stat. 213.

Statute Revised-July 8, 1870, ch. 230, Prior Statutes-May 31, 1790, ch. 15, 4, 1 Stat. 125.-Feb. 3, 1831, ch. 16, ? 4, 4 Stat. 437.-Aug. 10, 1846, ch. 178, 10, 9 Stat. 106.-March 3, 1865, ch. 126, ?? 2, 4, 13 Stat. 540.-Feb. 18, 1867, ch. 43, 2, 14 Stat. 395.

Construction.

Although the librarian gives a certificate of the record of the title to the book, yet a memorandum appended to the certificate that two copies of the book have been deposited in his office is not evidence of that fact. Merrell v. Tice, 104 U. S. 557; s. c. 28 I. R. R. 120.

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SEC. 4960. For every failure on the part of the proprietor of any copyright to deliver or deposit in the mail either of the published copies, or description or photograph, required by sections four thousand nine hundred and fifty-six, and four thousand nine hundred and fifty-nine, the proprietor of the copyright shall be liable to a penalty of twenty-five dollars, to be recovered by the librarian of Congress, in the name of the United States, in an action in the nature of an action of debt, in any district court of the United States, within the jurisdiction of which the delinquent may reside or be found.

Statute Revised—July 8, 1870, ch. 230, § 94, 16 Stat. 213.

Prior Statutes-March 3, 1865, ch. 126, § 3, 13 Stat. 540.-Feb. 18, 1867, ch. 43, § 1, 14 Stat. 395.

SEC. 4961. The postmaster to whom such copyright book, title or other article is delivered, shall, if requested, give a receipt therefor; and when so delivered he shall mail it to its destination.

Statute Revised-July 8, 1870, ch. 230, § 96, 16 Stat. 214.

Prior Statute-Feb. 18, 1867, ch. 43, § 2, 14 Stat. 395.

SEC. 4962 (Act of June 18, 1874, ch. 301, § 1, 18 Stat. 78). That no person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title-page or the page immediately following, if it be a book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design, intended to be perfected and completed as a work of the fine arts, by inscribing upon some visible portion thereof, or of the substance on which the same shall be mounted, the following words, viz: "Entered according to act of Congress, in the year by A. B., in the office of the librarian of Congress"; or at his option, the word "copyright,"

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together with the year the copyright was entered, and the name of the party by whom it was taken out; thus"Copyright, 18-, by A. B."

Statute Revised-July 8, 1870, ch. 230, § 97, 16 Stat. 214.

Prior Statutes-April 29, 1802, ch. 36, § 1, 2 Stat. 171.-Feb. 3, 1831, ch. 16, § 5, 4 Stat. 437.

Instead of this section being a limitation of the acts to be performed or alleged in order to entitle a party to maintain an action, it imposes an additional duty upon him as a prerequisite to its maintenance. He must first acquire a copyright under the other provisions of the act, and then in order to enforce his rights against infringers he must also give notice of his right by the means prescribed by this section. Parkinson v. Lasalle, 3 Saw. 331.

The number of volumes in which it is stated that a work will be published forms no part of the title, and may be rejected as surplusage. Another edition may be published in a different number of volumes, with the same entry, without impairing the copyright. Dwight v. Appleton, 1 N. Y. Leg. Obs. 195.

If an entire work, embracing a complete system, is composed of several volumes, it is sufficient if the entry is made on the first volume. Dwight v. Appleton, 1 N. Y. Leg. Obs. 195.

The omission to cause the date of the entry of a map to be engraved on some visible portion thereof will prevent a recovery. King v. Force, 2 Cranch C. C. 208.

A notice is valid although the initial of the author is used instead of the full Christian name. Sarony v. Burrow G. L. Co., 17 Fed. Rep. 591. When the required notice is plainly engraved on the plate of an engraving from which the print is taken within the line of a reasonable margin, and where it will not be covered when properly framed, it is impressed on the face within the meaning of the statute. Rossiter v. Hall, 5 Blatch.

362.

If a second edition of a map has the proper notice engraved on the face thereof, the use of a different year in the title will not vitiate the copyright. Farmer v. Calvert Publishing Co., 1 Flippin 228; s. c. 5 A. L. T. 168.

Notice that copyright is secured is full protection for the original edition throughout its term, but is no protection to a second edition with notes, nor to any succeeding edition with improvements. Lawrence v. Dana, 7 O. G. 81 ; s. c. 4 Cliff. 1; s. c. 2 A. L. T. (N. S.) 402.

Neglect to give notice that copyright is secured in a second edition will not vitiate the copyright of the original edition, if that was regularly secured. Lawrence v. Dana, 7 O. G. 81; s. c. 4 Cliff. 81; s. c. 2 A. L. T. (N.S.) 402.

Subsequent editions, without alterations or additions, should give the same notice that the copyright is secured as the original edition. Lawrence v. Dana, 7 O. G. 81; s. c. 4 Cliff. 81; s. c. 2 A. L. T. (N. S.) 402.

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Successive editions, with additions or alterations, need not specify the date of the original copyright. Lawrence v. Dana, 7 O. G. 81; s. c. Cliff. 81; s. c. 2 A. L. T. (N. S.) 402.

A copyright of a second edition will not cure material defects in the copyright of the original edition. Lawrence v. Dana, 7 O. G. 81 ; s. c. 4 Cliff. 81; s. c. 2 A. L. T. (N. S.) 402.

A mere mistake as to the year in which the book was entered will not deprive the author of the benefit of the statute. Myers v. Callaghan, 5 Fed. Rep. 726; s. c. 10 Biss. 139; contra, Baker v. Taylor, 2 Blatch. 82.

SEC. 4962 A (Act of Aug. 1, 1882, ch. 366, 23 Stat. 181). That manufacturers of designs for molded decorative articles, tiles, plaques, or articles of pottery or metal subject to copyright, may put the copyright mark prescribed by section forty-nine hundred and sixty-two of the Revised Statutes, and acts additional thereto, upon the back or bottom of such articles, or in such other place upon them as it has heretofore been usual for manufacturers of such articles to employ for the placing of manufacturers, merchants, and trade marks thereon.

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SEC. 4963. Every person who shall insert or impress such notice, or words of the same purport, in or upon any book, map, chart, musical composition, print, cut, engraving, or photograph, or other article, for which he has not obtained a copyright, shall be liable to a penalty of one hundred dollars, recoverable one-half for the person who shall sue for such penalty, and one-half to the use of the United States.

Statute Revised-July 8, 1870, ch. 230, § 98, 16 Stat. 214.

Prior Statutes-April 29, 1802, ch. 36, § 4, 2 Stat. 172.-Feb. 3, 1831, ch. 16, § 11, 4 Stat. 438.

This section does not authorize an action in the name of several persons and the United States for the recovery of the penalties incurred by its violation. The plain language and sense of the statute restricts the right of action to a single person. Ferrett v. Atwill, 1 Blatch. 151.

If the plaintiff brings several actions, and the defendant files a demurrer in each, the court will not, on the motion of the plaintiff, order an argument of the demurrer in one of the cases and stay all proceedings in the meantime in the other cases, to abide the event of the one to be argued. Ferrett v. Atwill, 1 Blatch. 151.

The penalty imposed by this section is imposed only in case of articles that are subject to copyright. Rosenbach v. Dreyfuss, 17 O. G. 1153; s. c. 2 Fed. Rep. 217.

If the article mentioned in the declaration may or may not be within the statute, then it is necessary to aver that the article is subject to copyright. Rosenbach v. Dreyfuss, 17 O. G. 1153; s. c. 2 Fed. Rep. 217.

SEC. 4964. Every person who, after the recording of the title of any book as provided by this chapter, shall within the term limited, and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, print, publish, or import, or knowing the same to be so printed, published, or imported, shall sell or expose to sale any copy of such book, shall forfeit every copy thereof to such proprietor, and shall also forfeit and pay such damages as may be recovered in a civil action by such proprietor in any court of competent jurisdiction.

Statute Revised-July 8, 1870, ch. 230, § 99, 16 Stat. 214.

Prior Statutes-May 31, 1790, ch. 15, §§ 2, 6, 1 Stat. 124, 125.-Feb. 3, 1831, ch. 16, § 6, 4 Stat. 437.

The mere recording of the title does not entitle the party to protection for a book not yet made, for the act says a book, but not an intended book. Centennial Catalogue Co. v. Porter, 2 W. N. 601.

An action on the case is the appropriate remedy. Atwill v. Ferrett, 2 Blatch. 39.

The words "a copy of a book," naturally import a transcript or copy of the entire book. They do not include cases of copying parts of a book, but only the republication of the whole. Rogers v. Jewett, 22 Law Rep. 339.

SEC. 4965. If any person, after the recording of the title of any map, chart, musical composition, print, cut, engraving, or photograph, or chromo, or of the description of any painting, drawing, statue, statuary, or model or design intended to be perfected and executed as a work of the fine arts, as provided by this chapter, shall, within the term limited, and without the consent of the proprietor of the copyright first obtained in writing, signed

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