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unless he shall also, within ten days from the publication thereof, 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, two copies of such copyright book or other article, or in case of a painting, drawing, statue, statuary, model or design for a work of the fine arts, a photograph of the same.
SEC. 4957. The librarian of Congress shall record the name of such copyright book or other article, forthwith, in a book to be kept for that purpose, in the words following: “ Library of Congress, to wit: be it remembered that on the day of A. B., of
hath deposited in this office the title of a book [map, chart or otherwise, as the case may be, or description of the article), the title or description of which is in the following words, to wit: [here insert the title or description] the right whereof he claims as author [originator or proprietor, as the case may be], in conformity with the laws of the United States respecting copyrights. C. D., librarian of Congress.' And he shall give a copy of the title or description, under the seal of the librarian of Congress, to the proprietor, whenever he shall require it.
SEC. 4958. The librarian of Congress shall receive, from the persons to whom the services designated are rendered, the following fees :
First. For recording the title or description of any copyright book or other article, fifty cents.
Second. For every copy under seal of such record actually given to the person claiming the copyright, or his assigns, fifty cents.
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.
SEC. 4958A. (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 sees 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.
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.
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.
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, at Washington"; or, at his option, the word “copyright," to
gether with the year the copyright was entered, and the name of the party by whom it was taken out; thus: “Copyright, 184, by A. B.”
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.
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 for sale any copy 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.
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 in presence of two or more witnesses, engrave, etch, work, copy, print, publish, or import, either in whole or in part, or by varying the main design with intent to evade the law, or, knowing the same to be so printed, published, or imported, shall sell or expose for sale any copy of such map or other article, as aforesaid, he shall forfeit to the proprietor all the plates on which the same shall be copied, and every sheet thercof, either copied or printed, and shall further forfeit one dollar for every sheet of the same found in his possession, either printing, printed, copied, published, imported, or exposed for sale; and in case of a painting, statue, or statuary, he shall forfeit ten dollars for every copy of
the same in his possession, or by him sold or exposed for sale ; one half thereof to the proprietor and the other half to the use of the United States.
SEC. 4966. Any person publicly performing or representing any dramatic composition for which a copyright has been obtained, without the consent of the proprietor thereof, or his heirs or assigns, shall be liable for damages therefor, such damages in all cases to be assessed at such sum, not less than one hundred dollars for the first, and fifty dollars for every subsequent performance, as to the court shall appear to be just.
SEC. 4967. Every person who shall print or publish any manuscript whatever, without the consent of the author or proprietor first obtained, if such author or proprietor is a citizen of the United States, or resident therein, shall be liable to the author or proprietor for all damages occasioned by such injury.
SEC. 4968. No action shall be maintained in any case of forfeiture or penalty under the copyright laws, unless the same is commenced within two years after the cause of action has arisen.
SEC. 4969. In all actions arising under the laws respecting copyrights, the defendant may plead the general issue, and give the special matter in evidence.
SEC. 4970. The circuit courts, and district courts having the jurisdiction of circuit courts, shall have power, upon bill in equity, filed by any party aggrieved, to grant injunctions to prevent the violation of any right secured by the laws respecting copyrights, according to the course and principles of courts of equity, on such terms as the court may deem reasonable.
SEC. 4971. Nothing in this chapter shall be construed to prohibit the printing, publishing, importation, or sale of any book, map, chart, dramatic or musical composition, print, cut, engraving, or photograph, written, composed, or made by any person not a citizen of the United States nor resident therein.
It will be seen that the essential points to be considered
First. The placing with the librarian of Congress, before the publication of the volume, one copy of the printed titlepage, and within ten days of such publication, two copies of the work. The title-page should be accompanied by the amount of the fee required, one dollar, in return for which the author receives his certificate, showing that the work has been entered for copyright. This certificate and the receipt of the librarian of Congress for the two copies of the book deposited, constitute the evidence upon which is based any legal defence of the copyright that may prove necessary.
In case the originals of these papers are lost, duplicates will at any time be furnished from the office of the librarian of Congress, on receipt of a fee of fifty cents.
Second. The copyright is granted for the term of twentyeight years, but the author, if living, or his widow or children, if he be dead, can, under certain regulations, secure a renewal for a futher term of fourteen years.
It is also the case that if an author chooses to revise, modify, or add to his material, he can obtain a fresh copyright for such revised material; but this fresh copyright will not protect the unrevised material of the first edition from being reprinted at the expiration of its own term.
Third. The privilege of securing copyright is limited to authors who are either citizens or residents of the United States, and the courts have held that the term resident can not be interpreted to cover one who makes but a temporary sojourn, such as a visit for a season, or a stay of a few weeks or months.
Fourth. The details of securing the entries and the certificates of copyright are, as a rule, attended to by the publishers, and even when the author retains the ownership of his copyright, it is quite customary for the certificate to be made out in the name of the publisher. The agreement for publication, and the annual or semi-annual statements of amounts due for copyright, make clear enough in whom