« iepriekšējāTurpināt »
notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced.
SEC. 2. Such copyright shall extend to all published and unpublished work of citizens of the United States, and shall also extend to the work of alien authors in the event that
(a) Such work is first, or simultaneously, published in the United States and/or a foreign country adhering to the International Copyright Union; or
(b) Such work, if unpublished, is created by a citizen or subject of a foreign country adhering to the International Copyright Union ;
(c) Such author is a citizen or subject of a foreign country not adhering to the International Copyright Union, which country by treaty or international agreement, grants to citizens of the United States, copyright on the same basis as to its own citizens.
The existence or cessation of the reciprocal conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time, as the purposes of this act may require.
For the purposes of this act a work shall be deemed to be published simultaneously in two countries if the time between the publication in good faith in one such country and the publication in good faith in the other country does not exceed fourteen days.
SEC. 3. Where any work, except a dramatico-musical or musical work, is created by an employee within the scope of his employment, his employer shall, as author, be the owner of the copyright in such work, in the absence of agreement to the contrary; but this provision shall not apply to works created on special commission where there is no relation of employer and employee.
Where any dramatico-musical or musical work is created by an employee within the scope of his employment under general employment upon regular salary, his employer shall be the first owner of the copyright in such work, in the absence of agreement to the contrary ; but this provision shall not apply to works created on special commission where there is no such relation of employer and employee.
SEC. 4. Copyright secured by this act shall extend to any work subject thereto to the extent to which it is original, notwithstanding it is based in part upon, or incorporates in whole or in part some previously existing work: Provided, houerer, That the enjoyment and exercise of such copyright shall be subject and without prejudice to the rights of the owner of the copyright, if any, in the previously existing work, and/or of anyone deriving or who has derived any right or rights from said owner. This section shall not apply to works referred to in section 5 of this act.
Sec. 5. Any compilation, abridgment, adaptation, arrangement or dramatization of a dramatico-musical or musical work, if the same be a work in the public domain, or of a copyright dramatico-musical or musical work when produced with the consent of the proprietor of the copyright in such work, shall be regarded as a new work subject to copyright under the provisions of this act; but the publication of any such new work shall not affect the force or validity of any subsisting copyright upon the matter employed or any part thereof, or be construed to imply an exclusive right to such use of the original works, or to secure or extend copyright in such original works.
SEC. 6. The copyright is distinct from the property in any material reproduction of the work, and the sale or conveyance, by gift or otherwise, of the material reproduction shall not of itself constitute a transfer of the copyright, nor shall the assignment or license of the copyright constitute a transfer of the title to the material reproduction unless expressly stipulated ; except in the case of photographic portraits made for hire or on commission, in which case, in the absence of written agreement to the contrary, the copyright shall vest in the person whose portrait is reproduced or his legal representatives. Nothing in this act shall be deemed to forbid, prevent, or restrict the transfer of any copy of a copyright work the possession of which has been lawfully obtained.
SEC. 7. If the United States Government reprints and distributes any copyright work or part thereof with the consent of the owner, such use shall not in any way authorize the use elsewhere of such copyright material or prejudice or limit the rights of the copyright owner. Subject always to the foregoing, no copyright shall subsist in any report or other publication of the United States Government.
SEC. 8. The copyright of a work of architecture shall cover only its artistic character and its design and shall not extend to processes or methods of construction, nor shall it prevent the making, exhibiting, or publishing of photographs, motion pictures, paintings, or other illustrations thereof, which are not in the nature of architectural drawings or plans, and the owner of the copyright shall not be entitled to obtain an injunction restraining the construction, substantially begun, or use, of an infringing building, or an order for its demolition or seizure.
ASSIGNMENT OF COPYRIGHT
SEC. 9. The author, or other owner of any copyright under this act, or of any copyright heretofore secured under any previous act of the United States, may, by written instrument signed by him or his duly authorized agent, executed after this act goes into effect, assign, mortgage, license or otherwise dispose of, the entire copyright or any right or rights comprised therein, either wholly or separately, either generally or subject to limitation, for the entire term of such copyright or for a limited time, or for a specified territory or territories, and may bequeath the same by will. Any person or persons deriving any right, title, or interest from any author or other owners as aforesaid, may each, separately, for himself, in his own name as party to a suit, action, or proceeding, protect and enforce such rights as he may hold, and to the extent of his right, title, and interest is entitled to the remedies provided by this act.
All rights comprised in a copyright are several, distinct, and severable. Where, under any assignment of less than the entire copyright or under an exclusive license, the assignee or licensee becomes entitled to any right comprised in copyright or to the exercise thereof, the assignee or licensee to the extent of the rights so assigned or conferred shall be treated for all purposes, including the right to sue, as the owner of the several and distinct rights and parts of the copyright so assigned or conferred; and the assignor or licensor to the extent of his rights not so assigned or conferred shall be treated for all purposes as the owner of the several and distinct rights and parts of the copyright not so assigned or conferred.
SEC. 10. In case of any copyright secured before this act goes into effect, by a person other than the author of the work, under a written contract executed before this act goes into effect, by which some of the rights embraced in the copyright were reserved to the author of such work, such author or his assignee, or licensee, or the holder of such reserved rights (if not theretofore disposed of by the copyright proprietor of record before this act takes effect), shall have the right (to the extent of his right, title, or interest) in his own name to protect and enforce such rights, or license therein, and shall be entitled to the remedies provided by this act. In case one or more of the several rights under a copyright secured before this act goes into effect shall have been assigned, granted, or otherwise disposed of by the author or other owner of such copyright, before this act goes into effect, under a written agreement executed before this act goes into effect, then the assignee or licensee mentioned in such agreement shall have the right (to the extent of his right, title, or interest) in his own name to protect and enforce such right or license, and shall be entitled to the remedies provided by this act. This section shall apply only in cases where any such written instrument shall have been recorded in the office of the register of copyrights before the expiration of six months after this act goes into effect. This section shall not, however, affect the rights and liabilities of any of the parties to any such instrument as between themselves.
SEC. 11. Assignments, grants, licenses, and mortgages of copyright or of any separate right therein, or any other instrument relating to or affecting a copyright or right therein, may be recorded in the Copyright Office at any time after execution. A failure so to record shall not affect the validity of any such instrument: Provided, That no unrecorded assignment, grant, license, mortgage, or other instrument shall be valid or of any effect against any previously recorded assignment, grant, license, mortgage, or instrument to a purchaser, licensee, or other transferee for value without notice, whether such unrecorded instrument be prior in date of execution or not, and whether subsequently recorded or not. Such proviso, however, shall not apply to unrecorded instruments by which magazine and/or newspaper publication rights are assigned or conveyed; but if, in addition thereto, such instruments also assign or convey other rights, and/or refer or pertain in any way to any other rights, then such instruments to the extent of the provisions or agreements contained therein relating to such other rights shall be subject to such proviso. Instruments executed in a foreign country shall further be subject to the provisions of section 12 of this act.
SEC. 12. In order to be recorded in the Copyright Office, instruments referred to in section 11 executed in a foreign country shall be acknowledged or subscribed and sworn to by the assignor or licensor before a secretary in the Diplomatic Service or consular office of the United States authorized by law to administer oaths or perform notarial acts, or before any notary public, judge, or magistrate of any foreign country authorized to administer oaths or perform notarial acts in such country and whose authority shall be proved by certificate of diplomatic or consular officers of the United States. Such certificate shall be prima facie evidence of the execution of the instrument. Failure to comply with this section shall not, however, affect the rights and liabilities of any of the parties to any such instrument as between themselves.
TERM OF COPYRIGHT PROTECTION
SEC. 13. The term for which copyright is secured by this act shall be for the life of the author, if living, and for a period of fifty years after his death, except that where the author is not an individual, the term shall be fifty years from the date of completion of the creation of the work; and except that in the case of a work by joint authors the copyright shall terminate at the expiration of fifty years from the date of the death of the last surviving joint author: Provided, That where the work is based in whole or in part upon a work in which a longer copyright term may endure, then the copyright in said former work shall endure for a term equal to that of the latter work, or for the term of fifty years aforesaid, whichever term is longer.
SEC. 14. In the case of any posthumous work, such period shall be fifty years from the date of the death of the author.
SEC. 15. The copyright subsisting in any work when this act goes into effect shall be continued at the end of the subsisting term until the expiration of fifty years beyond the author's death, and such continuation of the copyright shall vest in the following order, in the author if living; if the author be not living, then in the widow, widower, or children, of the author; or if such author, widow, widower, or children be not living, then, if the author left a will, the copyright shall vest in the author's executors or testamentary trustees as the case may be under said author's will or in a duly appointed administrator with the will annexed if there be no such executors or trustees, and in the absence of a will, in his administrator: Provided, That where the author has parted with any or all of his rights for the subsisting term under the act heretofore in force, and has agreed to part therewith for the renewal term under said act, on a royalty basis, the owner of such right or rights shall be entitled thereto throughout the full term provided by this act, upon condition that he pay royalties at the agreed rate and in the agreed manner to the author, if living, or if dead, to his representatives in the order as above specified, during the full term provided by this act; this proviso shall not apply unless the said owner shall have substantially fulfilled his contract with said author: Provided further, That where there has been an outright purchase of any right or rights (for a lump sum paid and not on royalty) for said subsisting term and the author has agreed to part therewith for said renewal term, the author and/or the owner shall be entitled to the benefit of the remainder of the term provided by this act (after the expiration of the subsisting twenty-eight-year term of the copyright), upon performance of such conditions as may be determined by agreement, or in the absence of an agreement entered into at least six months before the expiration of the subsisting term, by the court, as justice may require: Provided further, That in the case of a posthumous work, or of a periodical cyclopaedic or other composite work, or any work the subsisting copyright of which was first secured by an employer for whom such work was made for hire, or by a corporate body (otherwise than as assignee or licensee of the individual author) the copyright shall terminate fifty-six years from the date of first publication.
INFRINGEMENT OF COPYRIGHT AND REMEDIES
SEC. 16. If any person shall infringe the copyright in any work protected under the copyright laws of the United States, such person shall be liable
(a) To an injunction restraining such infringement;
(b) To pay such damages to the owner of the right infringed as he may have suffered due to the infringement as well as all the profits which the infringer shall have made from such infringement; and in proving profits the plaintiff shall be required to prove only sales, rentals, license fees and/or any other revenue derived from any disposition of an infringing work, and the defendant shall be required to prove every element of cost which he claims;
(c) To pay, at the option of the owner of the right infringed, in lieu of actual damages and profits, such statutory damages as to the court shall appear to be just, and in assessing such damages the court may, in its discretion, allow the amounts hereinafter stated; but such statutory damages shall in no case exceed the sum of $5,000, nor be less than $250, and shall not be regarded as a penalty, but this limitation as to the amount of recovery shall not apply to infringements occurring after actual notice to the infringer either by service of process in a suit, action, or proceeding gainst him, or other written notice served upon him personally or mailed to him by registered mail to his principal place of business or his last known place of residence.
First. In the case of a painting, statue, or sculpture, $10 for every infringeing copy made or sold by or found in the possession of the infringer or his agents or employees ;
Second. In the case of any work enumerated in section 38 of this act, except a motion picture, painting, statue, or sculpture, $1 for every infringing copy made or sold or found in the possession of the infringer or his agents or employees;
Third. In the case of a lecture, sermon, or address, $50 for every infringing delivery;
Fourth. In the case of choreographic work or pantomime, or a dramatic or dramatico-musical, or a choral or orchestral composition, or a motion picture, $100 for the first and $50 for every subsequent infringing performance or exhibition;
Fifth. In the case of other musical compositions, $10 for every infringing performance: Provided, however, That this subsection (c) shall be expressly subject to the following exceptions :
1. In case of an unauthorized newspaper reproduction of a copyrighted photograph such statutory damages assessed, in lieu of actual damages and profits, shall not exceed the sum of $200 nor be less than the sum of $50 ;
2. In case of the infringement of an undramatized or nondramatic work by means of motion pictures, where the infringer shall show that he was not aware that he was infringing and that such infringement could not have been reasonably foreseen, such statutory damages shall not exceed the sum of $100 ; but this subdivision shall not apply to infringements covered by subsection (d) hereof;
3. In case of the infringement of a copyright dramatic work by a maker of motion pictures and his agencies for distribution thereof to exhibitors, where such infringer shows that he was not aware that he was infringing a copyright work and that such infringement could not reasonably have been foreseen, the entire sum of such statutory damages recoverable by the owner of the rights infringed from such infringing maker and his agencies for the distribution to exhibitors of such infringing motion picture shall not exceed the sum of $5,000 nor be less than $250, but this subdivision shall not apply to infringements covered by subsection (d) hereof.
(a) For the purpose of avoiding imposition and so-called literary blackmail, in any action for infringement of copyright in any dramatic work (including continuities, motion pictures, and motion-picture photoplays), if defendant prove that he was not aware that he was infringing or has been subjected to fraud or substantial imposition by any third person or persons other than one of said defendant's employees and in either case that such defendant has acted in good faith, the plaintiff shall not be entitled to any remedy against such defendant other than an injunction in respect to future infringement: Provided, however, That this section shall not apply, in the event of registration of copyright or of an instrument relating to or affecting the same or any right therein, prior to such defendant's entering into or upon the undertaking
which results in such infringement, or if the work alleged to have been infringed be a published work, if notice of copyright shall be affixed (on the reverse of the title page, or at the foot of the first page of the text), to each copy published by the copyright owner or under his authority; or if the work alleged to have been infringed be a dramatic work, if such work has had a first-class public production in the United States of America.
(e) In case of the infringement of any creation of an author (except a dramatico-musical or musical composition) by any person or corporation engaged solely in printing, binding, or manufacturing the same in printed form, where such infringer shall show that he was not aware that he was infringing and that such infringement could not have been reasonably foreseen, the person aggrieved shall be entitled only to an injunction against future printing, binding, and manufacturing the same in printed form, and to the delivery up of all such printed, bound, and manufactured material, and shall not be entitled to any profit made by such infringer from his contract or employment to print, bind, or manufacture in printed form, nor to damages, actual or statutory, against such infringer: Provided, That in case such printer is also the publisher, distributer, or seller of such creation, or in partnership or regularly engaged in business with such publisher, distributer, or seller, or is in anywise directly or indirectly interested in the publication, distribution, sale, or exploitation of such creation (other than as derived solely from his contractor employment merely to print, bind, or manufacture the same in printed form) or in any profits to be derived from such publication, distribution, sale, or exploitation, then this subsection (e) shall not apply.
Sec. 17. The infringer shall further be liable :
(a) 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 or any right comprised therein;
(b) To deliver up, on oath, for destruction, as the court may order, all the infringing copies or devices, as well as all plates, molds, matrices, or other means for making such infringing copies.
SEC. 18. All actions, suits, or proceedings arising under the copyright laws of the United States shall be originally cognizable by the district courts of the United States, the district court of any Territory, the Supreme Court of the District of Columbia, the district courts of Alaska, Hawaii, Panama Canal Zone, and Porto Rico, and the courts of first instance of the Philippine Islands, and any court given jurisdiction under this section may proceed in any action, suit, or proceeding instituted for violation of any provision of said laws to enter a judgment or decree enforcing the remedies provided by this act.
SEC. 19. Any such court or judge thereof shall have power, upon bill in equity filed by any party aggrieved including (but not by way of limitation) any person referred to in sections 9 and 10 of this act whether such person's rights were acquired heretofore or hereafter to grant injunctions to prevent and restrain the violation of any right secured by this act according to the course and priciples of courts of equity on such terms as said court or judge may deem reasonable. Any such injunction may be served upon the parties against whom it may be granted anywhere in the United States and its dependencies and shall be operative throughout the United States and its dependencies and be enforceable by proceedings in contempt or otherwise by any court or judge possessing jurisdiction of the defendants.
SEC. 20. 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.
SEC. 21. The proceedings for an injunction, damages, and profits and those for the seizure of infringing copies, plates, molds, matrices, and so forth, aforementioned, may be united in one action.
SEC. 22. 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. 23. In any action for infringment, where the plaintiff seeks an accounting of profits, or statutory damages, where any party shows that some third person or persons may claim to be entitled to said profits or statutory damages or some part thereof, by reason of alleged infringement of the same copyright or some right thereunder, the court on application of such party or on its own motion or on petition of such third person or persons, may order such person