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by law for the seizure and condemnation of property imported into the United States in violation of the customs 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, howCopies of au- ever, That all copies of authorized editions of copyright imported may be books imported in the mails or otherwise in violation 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.

returned

Treasury and

General to make

Secretary of SEC. 33. That the Secretary of the Treasury and the Postmaster Postmaster-General are hereby empowered and required to rules to prevent make and enforce such joint rules and regulations as shall unlawful importation 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 proprietors or injured parties, of the actual or contemplated importation of articles prohibited importation by this Act, and which infringe the rights of such copyright proprietors or injured parties.

Jurisdiction of

courts in copy

SEC. 34. That all actions, suits, or proceedings arising right cases under the copyright laws of the United States shall be originally cognizable by the circuit 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, and Porto Rico, and the courts of first instance of the Philippine Islands.

which suit may

District in SEC. 35. That civil actions, suits, or proceedings arising be brought 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.

Injunctions may be granted

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 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 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.

of papers filed

Judgments,

SEC. 37. That the clerk of the court, or judge granting Certified copy 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. 38. That the orders, judgments, or decrees of any etc., may be recourt mentioned in section thirty-four of this Act arising viewed under the copyright laws of the United States may be error 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.

on ap

peal or writ of

No criminal

SEC. 39. That no criminal proceeding shall be main- proceedings tained under the provisions of this Act unless the same is shall be maincommenced within three years after the cause of action years

arose.

tained after three

shall be allowed

SEC. 40. That in all actions, suits, or proceedings under Full costs 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.

Copyright dis

in rial object

SEC. 41. That the copyright is distinct from the prop- tinct from property in the material object copyrighted, and the sale or erty mateconveyance, 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; but nothing in Transfer of any this Act shall be deemed to forbid, prevent, or restrict righted work the transfer of any copy of a copyrighted work the possession of which has been lawfully obtained.

copy of copy

permitted

may be assigned, bequeathed

or

SEC. 42. That copyright secured under this or previous Copyright Acts of the United States may be assigned, granted, or mortgaged, mortgaged by an instrument in writing signed by the will proprietor of the copyright, or may be bequeathed by will.

by

executed in for

be acknowledged

Assignment SEC. 43. That every assignment of copyright executed eign country to 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 acknowledgement 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.

Assignments to be recorded

Register of copyrights

ments

SEC. 44. 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. 45. That the register of copyrights shall, upon to record assign-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.

Assignee's name may be

copyright notice

SEC. 46. That when an assignment of the copyright in substituted 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.

Copyright

records

Register of copyrights and

of copyrights

SEC. 47. 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. 48. That there shall be appointed by the Librarian of assistant register Congress 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 during the absence of the register of copy

rights to attach the copyright office seal to all papers issued from the 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.

count for fees

ac

SEC. 49. That the register of copyrights shall make daily Register of deposits in some bank in the District of Columbia, designated posit a fe for this purpose by the Secretary of the Treasury as a national 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 Sec- monthly report retary of the Treasury and to the Librarian of Congress of of fees the applied copyright fees for each calendar month, together with a statement of all remittances received, trust funds on hand, moneys refunded, and unapplied balances.

SEC. 50. That the register of copyrights 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.

Shall make

Bond of register of copyrights

of register

of

SEC. 51. That the register of copyrights shall make an Annual report annual report to the Librarian of Congress, to be printed in copyrights 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 copyright office during the fiscal year, under the provisions of this Act.

SEC. 52. 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.

Seal of copy

registration

of

SEC. 53. That, subject to the approval of the Librarian of Rules for the Congress, the register of copyrights shall be authorized to copyrights make rules and regulations for the registration of claims to copyright as provided by this Act.

Record books

right

registration

book to state re

SEC. 54. That the register of copyrights shall provide and keep such record books in the copyright office as are required Entry of copy tɔ carry out the provisions of this Act, and whenever deposit has been made in the copyright office of a copy of any work under the provisions of this Act he shall make entry thereof. Certificate of SEC. 55. That in the case of each entry the person recorded as the claimant of the copyright shall be entitled to a certificate of registration 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 Certificate for number as shall fully identify the entry. In the case of a ceipt of affidavit book the certificate shall also state the receipt of the affidavit as provided by section sixteen of this Act, and the date of the completion 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 certifimay be given to cate, 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 for stated therein. In addition to such certificate the register of copyrights shall furnish, upon request, without additional fee, a receipt for the copies of the work deposited to complete the registration.

Certificate

any person

Receipt

copies deposited

Index to copyright registrations

copyright tries

en

Catalogue

SEC. 56. That the register of copyrights shall fully index all copyright registrations and assignments and shall print Catalogue of 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 Catalogues such intervals. The current catalogues of copyright entries prima facie evi- and the index volumes herein provided for shall be admitted in any court as prima facie evidence of the facts stated therein as regards any copyright registration.

cards

and indexes

dence

Distribution

of catalogue of copyright entries

SEC. 57. That the said printed current catalogues as they are issued shall be promptly distributed by the copyright

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