Lapas attēli
PDF
ePub

States and be enforceable by proceedings in contempt, or otherwise, by any other court or judge possessing jurisdiction of the defendants; but the defendants, or any or either of them, may make a motion in the proper court of any other district where such a violation is alleged to dissolve said injunction upon such reasonable notice to the plaintiff as the court or judge before whom said motion shall be made shall deem proper, service of said motion to be made on the plaintiff in person or on his attorney of record in the action or suit. Said courts or judges shall have authority to enforce said injunction and to hear and determine a motion to dissolve the same, as herein provided, as fully as if the action, suit, or proceeding were pending or brought in the district in which said motion is made.

SEC. 39. That the clerk of the court, or judge granting the injunction, shall, when required so to do by the court hearing the application to dissolve or 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. 40. That the orders, judgments, or decrees of any court mentioned in section thirty-six 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. 41. That no criminal action shall be maintained under the provisions of this act unless the same is commenced within two years after the cause of action arose.

SEC. 42. That in all actions, suits, and proceedings under this act 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. 40. Barchfeld bill adds: "An appeal shall also lie to the circuit court of appeals from an order refusing or dissolving a temporary injunction." This is considered very desirable, if not legally objectionable.

Sec. 41. Barchfeld and Kittredge bills read“ proceedings in place of "action."

SEC. 42. (urrier and Smoot bills read : “may be allowed " in place of * shall."

SECTIONS 43-49: TRANSFERS OF COPY.

RIGHT.

SEC. 43. That the copyright is distinct from the property 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, nor shall the assignment of the copyright constitute a transfer of the title to the material object.

SEC. 44. That each of the rights SEC. 44, ('urrier and Smoot bills specified in section one of this act omit this section (34) of the 59th shall be deemed a separate estate sub- Congress bills. This “ separate estate"

ject to assignment, lease, license, gift, provision is emphasized by authors bequest, inheritance, descent, or devo and publishers as making clear though lution.

not altering the existing law on a

mooted point. Sec. 45. That every assignment of SEC. 45. Barchfeld and Kittredge copyright under this act shall be by an bills omit “and acknowledged ” and instrument of writing signed and ac * before an officer authorized to adknowledged by the proprietor of the minister oaths." copyright before an officer authorized to administer oaths.

SEC. 46. That every assignment of copyright executed in a foreign country shall be acknowledged by the assignor 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 acknowledgment 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.

SEC. 47. That every assignment of copyright shall be recorded in the Copyright Office within three calendar 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 has been duly recorded.

SEC. 48. That the Register of Copyrights shall, upon payment of the prescribed fee, record such assignment, and shall return it to the sender with a certificate of record attached under seal of the Copyright Office; and 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.

SEC. 49. That when an assignment of the copyright in a specified book or other work has been recorded the assignee may substitute his name for that of the assignor in the statutory notice of copyright prescribed by this act.

SECTIONS 50-64 : COPYRIGHT OFFICE.

Sec. 50. That all records and other things relating to copyrights required by law to be preserved shall be kept and preserved in the Copyright Office, Library of Congress, 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.

SEC. 51. That there shall be appointed by the Librarian of Congress

na

a Register of Copyrights, at a salary of four thousand dollars per annum, and one Assistant Register of Copyrights at a salary of three thousand dollars per annum, who shall have authority in the absence of the Register of Copyrights to attach the Copyright Office seal to all papers issued from said office, and to sign such certificates and other papers as may be necessary. There shall also be appointed by the Librarian such subordinate assistants to the Register as may from time to time be authorized by law.

SEC. 52. That the Register of Copyrights shall make daily deposits in some bank in the District of Columbia, designated for this purpose by the Secretary of the Treasury as a tional depository, of all moneys received to be applied as copyright fees, and shall make weekly deposits with the Secretary of the Treasury, in such manner as the latter shall direct, of all copyright fees actually applied under the provisions of this act, and annual deposits of sums received which it has not been possible to apply as copyright fees or to return to the remitters, and shall also make monthly reports to the Secretary of the Treasury and to the Librarian of Congress of the applied copyright fees for cach calendar month, together with a statement of all remittances received, trust funds on hand, moneys refunded, and unapplied balances.

SEC. 53. That the Register of Copy. rights shall give bond to the United States in the sum of twenty thousand dollars, in form to be approved by the Solicitor of the Treasury and with sureties satisfactory to the Secretary of the Treasury for the faithful discharge of his duties.

SEC, 54. That the Register of Copyrights shall make an annual report to the Librarian of Congress, to

be printed in the annual report on the Library of Congress, of all copyright business for the previous fiscal year, including the number and kind of works which have been deposited in the ('opyright Office during the fiscal year, under the provisions of this act.

SEC. 53. That the seal provided under the act of July eighth, eighteen hundred and seventy, and at present used in the Copyright Office, shall continue to be the seal thereof, and by it all papers issued from the Copyright Office requiring authentication shall be authenticated.

Sec. 56. That, subject to the approval of the Librarian of Congress, the Register of Copyrights shall be authorized to make rules and regula

Sec. 56. Currier bill omits the important proviso.

tions for the registration of claims to copyright as provided by this act: Provided, That no breach of such rules or regulations shall affect the validity of the copyright.

Sec. 57. That the Register of Copyrights shall provide and keep such record books in the Copyright Office as are required to carry out the provisions of this act, and whenever deposit has been made in the Copyright Office of a title or copy of any work under the provisions of this act he shall make entry thereof.

SEC. 58. That in the case of each entry the person recorded as the claimant of the copyright shall be entitled to a certificate under seal of the Copyright Office, to contain his name and address, the title of the work upon which copyright is claimed, the date of the deposit of the copies of such work, and such marks as to class designation and entry number as shall fully identify the entry. In the case of a book the certificate shall also state the receipt of the atfidavit as provided by section fourteen of this act, and the date of the completing of the printing, or the date of the publication of the book, as stated in the said affidavit. The Register of Copyrights shall prepare a printed form for the said certificate, to be filled out in each case as above provided for, 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 the said certificate shall be admitted in any court as prima facie evidence of the facts stated therein.

SEC. 59. That the Register of Copyrights shall fully index all copyright registrations and assignments and shall print at periodic intervals a catalogue of the titles of articles deposited and registered for copyright, together with suitable indexes, and at stated intervals shall print complete and indexed catalogues for each class of copyright entries, and may thereupon, if expedient, destroy the original manuscript catalogue cards containing the titles included in such printed volumes and representing the entries made during such intervals. The current catalogues of copyright entries and the index volumes therein provided for shall be admitted in any court as prima facie evidence of the facts stated therein as regards any copyright registration.

Sec. 60. That the said printed current catalogues as they are issued shall be promptly distributed by the Copy. right Office to the collectors of cus

39207–0847

toms of the United States and to the postmasters of all exchange offices of receipt of foreign mails, in accordance with revised lists of such collectors of customs and postmasters prepared by the Secretary of the Treasury and the Postmaster-General, and they shall also be furnished to all parties desiring them at a price to be determined by the Register of Copyrights not exceeding five dollars per annum for the complete catalogue of copyright entries and not exceeding one dollar per annum for the catalogues issued during the year for anyone class of subjects. The consolidated catalogues and indexes shall also be supplied to all persons ordering them at such prices as may be determined to be reasonable, and all subscriptions for the catalogues shall be received by the Superintendent of Public Documents, who shall forward the said publications; and the moneys thus received shall be paid into the Treasury of the l'nited States and accounted for under such laws and Treasury regulations as shall be in force at the time.

SEC. 61. That the record books of the Copyright Office, together with the indexes to such record books and all works deposited and retained in the Copyright Office, shall be open to public inspection; and copies may be taken of the copyright entries actually made in such record books, subject to such safeguards and regulations as shall be prescribed by the Register of Copyrights and approved by the Librarian of Congress.

SEC. 62. That of the articles deposited in the Copyright Office under the provisions of the copyright laws of the United States or of this act, the Libra: rian of Congress shall determine what books and other articles shall be transferred to the permanent collections of the Library of Congress, including the law library, and what other books or articles shall be placed in the reserve collections of the Library of Congress for sale or exchange, or be transferred to other gorernmental libraries in the District of Columbia for use therein.

SEC. 63. That of any articles undisposed of as above provided, together with all titles and correspondence relating thereto, the Librarian of Congress and the Register of Copyrights jointly shall at suitable intervals determine what of these received during any period of years it is desirable or useful to preserve in the permanent files of the Copyrght Office, and, after due notice as hereinafter provided, may within their discretion cause the remaining articles and other things

« iepriekšējāTurpināt »