or persons brought in as a party or parties to the action on such terms as the court may deem just, and may make such provision with reference to such profits or statutory damages by way of division or otherwise as justice may require. The court may require that notice of pendency of the action be given in such manner as the court shall direct to any and all persons of record in the copyright office who may claim to be assignees or licensees or the owners or holders of any rights in or under the copyright in connection with which action may be brought, if the instruments under which such persons claim are registered, or if a claim to the copyright be registered. The failure of any party directed to be brought in, to appear in the action or suit, or to participate therein, shall not delay the judgment to which the plaintiff is entitled nor debar the plaintiff from prosecuting his suit to a final determination or to recover profits or damages to which he may be entitled: Provided, That nothing herein contained shall in any way prejudice or delay the rights, if any, of the plaintiff to injunctive relief or any other remedy given under this act, other than for profits or statutory damages as aforesaid.

SEC. 24. Civil actions, suits, or proceedings arising under this act may be instituted in the district of which the defendant or his agent is an inhabitant, or in which he may be found.

SEC. 25. The orders, judgments, or decrees of any court mentioned in section 18 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 determined in said courts, respectively. SEC. 26. Any person who willfully and for profit shall infringe the copyright in any work protected under the copyright laws of the United States, 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 not exceeding one year or by fine of not less than $100 nor more than $1,000, or both, in the discretion of the court: Provided, That no criminal proceeding shall be maintained under the provisions of this act unless the same is commenced within three years after the misdemeanor was committed and no civil proceeding unless the same is commenced within six years after the cause of action arose.

SEC. 27. The Supreme Court of the United States shall prescribe such rules and regulations as may be necessary for practice and procedure in any action, suit, or proceeding instituted for infringement under the provisions of this act.

MANUFACTURE AND IMPORTATION

SEC. 28. Of the printed books and periodicals specified in section 37, subsections (a) and (b) of this act, the text of all copies shall be printed from type set within the limits of the United States or its dependencies, either by hand or by the aid of any kind of typesetting machine, or from plates made within the limits of the United States or its dependencies from type set therein; or, if the text be produced by lithographic, mimeographic, photogravure, or photo-engraving or any kindred process or any process of manufacture hereafter devised, then by a process wholly performed within the limits of the United States or its dependencies, and the printing or other reproduction of the text; and the binding of said book or periodical shall be performed within the limits of the United States or its dependencies. Said requirements shall extend also to the illustrations within a book or periodical consisting of printed text and ilustrations produced by the printing press by means of lithographic, photogravure or photo-engraving or any kindred process or any process of manufacture hereafter devised, and also to reproductions by the printing press of separate lithographs, photogravures, photoengravings, or reproductions by the printing press by any kindred process or any process of manufacture hereafter devised, except, where in any case, the subjects represented are located in a foreign country or illustrate any scientific or technical work or reproduce a work of art. Said requirements shall not apply to works in raised characters for the use of the blind or to works by foreign authors.

SEC. 29. That in the case of a book, lithograph, photogravure, photo-engraving, or reproduction by any kindred process or any process of manufacture hereafter devised, manufacture of which is required in the United States or its dependencies under the preceding section, an affidavit under the official seal of any officer authorized to administer oaths within the United States or its

dependencies, duly made by the person claiming copyright, or by his duly authorized agent or representative residing in the United States or its dependencies, or by the printer who printed the book, lithograph, photogravure, photoengraving, or reproduction, shall be filed in the copyright office within thirty days after such publication, setting forth the manner in which compliance has been had with the requirements of the preceding section. Such affidavit shall state also the place where, and the establishment or establishments in which, such type was set or plates were made or lithograph, photogravure, photoengraving, or reproduction by any kindred process or any process of manufacture hereafter devised, or printing and binding, were performed, and the date of completion of printing of the work or the date of publication; and no action shall be maintained for infringement of the right to publish, print, or vend the said work in any form produced by any of the printing press processes mentioned in the preceding section, at any time or times when compliance with such preceding section is requisite, or because of any act or thing done or undertaken during said time or times, unless said affidavit shall be filed within said time or the court shall find that the failure to file said affidavit was due to excusable neglect. The provisions of this section shall not apply to periodicals issued regularly at least four times a year or more frequently.

SEC. 30. During the existence of the copyright in any work the author of which is an American citizen and to which protection is accorded under this act, and in any work by a foreign author when such work has been published and manufactured within the limits of the United States or its dependencies, under an assignment covering stated rights for the United States, registered in the copyright office; then, during the period in which any edition of American manufacture is published and copies of such American edition sufficient to supply customers are in the possession of the publisher, the importation into the United States of any copies thereof printed or produced by any of the processes mentioned in sections 28 and 29 of this act, or of plates or mediums of any kind for making copies thereof (although authorized by the author or proprietor of any foreign copyright), except used copies, shall be, and is. hereby prohibited after a registration of a claim to copyright or rights under section 36 of this act and deposit of two copies of the American edition: Provided, however, That such prohibition shall not apply

(a) To any work published in the country of origin with the authorization of the copyright proprietor, when imported not more than one copy at a time for use and not for sale or hire for profit, in good faith, by or for any person, library or branch thereof, school, college, society or institution incorporated for educational, literary, philosophical, scientific, or religious purposes, or for the encouragement of the fine arts; provided the proprietor of the United States copyright of such work has, within ten days after written demand, declined or neglected to agree to supply the copy demanded at a price equivalent to the foreign price thereof and transportation charges, plus customs duties when subject thereto, or provided that at the date of the order of such copy for importation no registration and deposit of copies of the American edition have been made as aforesaid;

(b) To any work published in the country of origin with the authorization of the copyright proprietor when imported by the proprietor of the United States copyright for the purpose of filling demands for copies thereof made pursuant to the preceding subdivision (a);

(c) To works which form parts of libraries or collections purchased en bloc for the use of societies, institutions, or libraries designated in the foregoing paragraph (a), or form parts of the libraries or personal baggage belonging to persons or families arriving from foreign countries and are not intended for sale;

(d) 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 copyright matter printed or reprinted without such authorization;

(e) To motion pictures and motion-picture photo plays;

(f) To the authorized edition of a book on a foreign language or lan

guages;

(g) To works in raised characters for the use of the blind;

(h) To works imported by the authority or for the use of the United States:

Provided further, That copies imported as above may not lawfully be used in any way to violate the 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.

SEC. 31. The importation of any copies or substantial reproductions in whole or in part, of any work in which copyright exists, into the United States which if made, published, distributed, exhibited or performed in the United States would infringe such copyright is hereby prohibited.

SEC. 32. Any and all copies of works prohibited importation by this act which are brought into the United States 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 customs revente 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 copyright works imported in the mails or otherwise in violation of the provisions of this act may be reexported 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.

SEC. 33. The Secretary of the Treasury and the 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, and may require notice to be given to the Treasury Department or Post Office Department, as the case may be, by copyright owners or injured parties, of the actual or contemplated importation of articles prohibited importation by this act which infringe the rights of such copyright owners or injured parties.

COPYRIGHT NOTICE, REGISTRATION OF CLAIMS TO COPYRIGHT, AND DEPOSIT OF COPIES

SEC. 34. No notice of copyright shall be required on any work subject to copyright under this or previous acts and the omission of such notice from any work shall not be taken as evidence that no copyright is claimed therein; but if desired a notice of copyright or of any right included in the copyright in any work may be placed on copies of the work by the owner of the copyright or an assignee or licensee; but any person who, with fraudulent intent, shall insert or impress any notice of copyright or words of the same purport in or upon any article in which copyright for the United States does not subsist shall be guilty of a misdemeanor, punishable by a fine of not less than $100 nor more than $1,000, and any person who shall knowingly issue or sell any article bearing such notice or words of the same purport when copyright in such article does not subsist in the United States shall be liable to a fine of $100.

SEC. 35. In the event that prior to the passage of this act notices of copyright were placed upon any works which were defective in form or did not contain the name of the person or persons actually entitled to copyright or contained an incorrect name or date or in which the date was lacking or in the event that the registration of any copyright works prior to the passage of this act were in any way defective, such notices and/or registrations are hereby legalized, confirmed, made valid and effectual as fully as if none of the various errors, omissions, matters, and conditions hereinabove enumerated had occurred or existed: Provided, however, That where any person prior to the passage of this act has taken any action whereby he has incurred any expenditure or liability which but for the enactment of this section would be lawful, nothing contained in this section shall diminish or prejudice any such action or the continuance of any enterprise lawfully undertaken pursuant to the foregoing prior to the passage of this act: And provided further, That if this section be held invalid for any reason that such holding shall not affect any other provision of this act.

SEC. 36. The author or other owner of the copyright in any work or any right, title, or interest therein, may, if he so desires, obtain registration of a claim to copyright in such work or in any of the rights comprised therein, as the case may be, respectively, upon the deposit in the Copyright Office at Washington of an application accompanied by the registration fee provided by this act, and one copy of the work in which, or in connection with which, copyright is claimed, or the identifying matter prescribed in section 38 of this act.

Only one registration shall if made, shall inure to the claiming under him.

be necessary in the case of any work which, benefit of the author as well as all persons

The Copyright Office shall have no discretion to refuse to receive such application or to refuse to register such work upon such application being made.

If any person other than the author of any work shall apply for registra tion under this section, he shall register at the time of making said appli cation all instruments under which he claims ownership of such copyright or right or rights thereunder.

SEC. 37. The form of application for registration shall state to which of the following classes the work to be registered belongs. The classes of works enumerated below are expressly recognized as subject matter of copyright, but the following specifications shall not be held to limit the subject matter of copyright:

(a) Books, including composite and cyclopedic works, directories, gazetteers, and other compilations, abridgments, adaptations, and translations; (b) Periodicals, including newspapers;

(c) Lectures, sermons. addresses (prepared for oral delivery);

(d) Dramatic compositions, dramatizations, and dramatico-musical compositions;

(e) Musical compositions;

(f) Maps;

(g) Works of art;

(h) Reproductions of a work of art, including engravings, lithographs, photoengravings, photogravures, casts, plastic works, or copies by any other methods of reproduction;

(i) Drawings and plastic works of a scientific or technical character; (j) Photographs;

(k) Prints and pictorial illustrations, including prints or labels for articles of manufacture;

(1) Motion-picture photoplays;

(m) Motion pictures other than photoplays;

(n) Scenarios (so-called continuities) for motion pictures;

(0) Works of architecture, models, or designs for architectural works; (p) Choreographic works and pantomimes, the scenic arrangements or acting form of which is fixed in writing or otherwise;

(q) Phonographic records, perforated rolls, and other contrivances by means of which sounds may be mechanically reproduced;

(r) Works not specifically hereinabove enumerated.

SEC. 38. The copy deposited for registration may either be printed, typewritten, or be in legible handwriting if the work be a book, or a dramatic, musical, or dramatico-musical composition; a scenario of a motion picture; a lecture, sermon, or address, or the acting form of a choreographic work or a pantomime. For a photograph, there shall be deposited one print from the negative; for any work of art, or for a model or design for a work of art, or a drawing or plastic work of a scientific or technical character, or any work not particularly specified in this section, a photograph or other identifying reproduction; for a motion picture, the title, and a description or synopsis or prints sufficient for identification; for an architectural work, a photographic or other lentifying representation of such work and such drawings as are necessary to identify it. For a record, roll, or other contrivance by means of which sound may be mechanically reproduced, a description or copy of the music which has been recorded thereon, which shall differentiate and identify the particular rendition so recorded and its performer.

SEC. 39. The register of copyrights upon receipt of such application and such copy or identifying matter and fee shall make a full and complete record of the copyright claim and send a certificate of registration under the seal of the Copyright Office to the person indicated in the application.

SEC. 40. In the case of any work in connection with which application for registration of copyright is filed, where a copy thereof otherwise required or permitted which by reason of its character, bulk, fragility, or because of its dangerous ingredients, can not expediently be kept on file, the register of copyrights may determine that there shall be deposited with the application for registration, or on subsequent notice by registered mail, in lieu of a copy of such work, such identifying photographs or prints, together with such written,

typewritten, or printed description of the work as shall be sufficient to identify it.

SEC. 41. Whenever any literary, dramatic, dramatico-musical, musical, or artistic work has been published in book form it shall be obligatory upon the publisher, except as below provided, to make a deposit in the Copyright Office or in the mail addressed to the register of copyrights, Washington, District of Columbia, within thirty days after the date of publication, of two complete copies of the best edition thereof then published, for the use of the Library of Congress. Registration for such work may be secured if such copies are accompanied by the application and remittance prescribed in section 36 of this act: Provided, however, That the deposit of copies required in this and the following two sections shall not be obligatory in case of any work whose author is a citizen or subject of a foreign country which is a member of the International Copyright Union or any work which is protected by copyright in the United States under this act by reason of first publication in any country which is a member of the said union, unless and until such work, if it be a book, shall have been republished in the United States under an assignment of the copyright for the United States or under a license to print and sell such book in the United States.

SEC. 42. That in the case of newspapers or other periodicals, one copy of each issue shall be deposited within thirty days after the date of publication for the use of the Library of Congress, which may be registered if accompanied by an application and remittance as provided in section 36: Provided, That if several editions of said newspapers are published on one day, a deposit of any one of said editions shall be compliance with this section.

SEC. 43. Should the copies called for by sections 42 and 43 of this act not be deposited as herein provided, the Librarian of Congress may at any time after the date of the default in depositing the work require the publisher of said work to make such deposit, and after the said demand shall have been made, in default of the deposit of a copy or copies of the work in the Library of Congress within three months from any part of the United States, except an outlying territorial possession or dependency of the United States, or within six months from any outlying territorial possession or dependency of the United States, the publisher of said work shall be liable to a fine of $100 and to pay to the Library of Congress twice the amount of the retail price of the best edition of the work, but failure to make such deposit shall not, in any way, affect the validity of the copyright in the said work.

SEC. 44. The United States postmaster to whom are delivered the articles to be deposited as provided in this act shall, if requested, give a receipt therefor and shall mail them, together with any application for registration of copyright and remittances and any accompanying papers, to the Copyright Office without cost to the copyright claimant.

SEC. 45. Registrations and recordations under this act shall be constructive notice, as of the date of registration or record, to all persons of the rights claimed therein.

SEC. 46. In the case of each work registered for copyright the person recorded as the claimant of the copyright or of any right or rights comprised therein shall be entitled to a certificate of registration under the seal of the Copyright Office, to contain the name and address of said claimant, the name of the author, the country of which the author of the work is a citizen or subject, and when an alien author domiciled or residing in the United States at the time of the making or first publication or first public performance of his work, a statement of that fact, including his place of domicile or residence, or that of his duly authorized representative; the title of the work for which registration is claimed; the date of the deposit of the copy or copies of such work; the date of publication or performance if the work has been reproduced in copies for sale or publicly distributed or performed; and such marks as to class designation and entry number as shall fully identify the entry. The register of copyrights shall prepare a printed form for the said certificate, to be filled out as above provided for in the case of all registrations made after this act goes into effect, which certificate, sealed with the seal of the Copyright Office, shall, upon payment of the prescribed fee, be given to any person making application for the same, and a similar certificate shall be supplied on request in the case of all previous registrations so far as the Copyright Office record books shall show such facts. In addition to such certificate, the register of copyrights