isting

on

Notice of

One notice in each volume or

Omission of notice by acci

copies shall be mounted, his name shall appear. But in the case of works in which copyright is subsisting when this Act :- Notice on ex: shall go into effect, the notice of copyright may be either in works

[See note one of the forms prescribed herein or in one of those pre- page 175] scribed by the Act of June eighteenth, eighteen hundred and seventy-four. Sec. 19. That the notice of copyright shall be applied, in

copyright on the case of a book or other printed publication, upon its book title-page or the page immediately following, or if a periodical On periodical either upon the title-page or upon the first page of text of each separate number or under the title heading, or if a musical work either upon its title-page or the first page of music: Provided, That one notice of copyright in each volume or in each number of a newspaper or periodical periodical published shall suffice.

Sec. 20. That where the copyright proprietor has sought to comply with the provisions of this Act with respect to dent or mistake notice, the omission by accident or mistake of the prescribed notice from a particular copy or copies shall not invalidate the copyright or prevent recovery for infringement against any person who, after actual notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an innocent infringer who has been misled fringement by the omission of the notice; and in a suit for infringement no permanent injunction shall be had unless the copyright proprietor shall reimburse to the innocent infringer his reasonable outlay innocently incurred if the court, in its discretion, shall so direct. SEC. 21. That in the case of a book published abroad in

Book pubthe English language before publication in this country, the the English landeposit in the copyright office, not later than thirty days after its publication abroad, of one complete copy of the foreign edition, with a request for the reservation of the copyright and a statement of the name and nationality of the author and of the copyright proprietor and of the date of publication of the said book, shall secure to the author or proprietor an ad interim copyright, which shall have all the force and effect given to copyright by this Act, and shall days endure until the expiration of thirty days after such deposit in the copyright office.

inExtension full term

to

copies, filing of affidavit

Duration of copyright: ist term, 28 years

works

SEC. 22. Thať whenever within the period of such ad interim protection an authorized edition of such book shall be published within the United States, in accordance with

the manufacturing provisions specified in section fifteen of Deposit of this Act, and whenever the provisions of this Act as to deposit

of copies, registration, filing of affidavit, and the printing of the copyright notice shall have been duly complied with, the copyright shall be extended to endure in such book for the full term elsewhere provided in this Act.

SEC. 23. That the copyright secured by this Act shall endure for twenty-eight years from the date of first publication, whether the coyprighted work bears the author's

true name or is published anonymously or under an asworks, t hperiodi. sumed name: Provided, That in the case of any posthucals, or composite mous work or of any periodical, cyclopædic, or other com

posite work upon which the copyright was originally secured by the proprietor thereof, or of any work copyrighted by a corporate body (otherwise than as assignee or licensee of the individual author) or by an employer for whom such work is made for hire, the proprietor of such copyright shall be entitled to a renewal and exten

sion of the copyright in such work for the further term Renewal term of twenty-eight years when application for such renewal

and extension shall have been made to the copyright office and duly registered therein within one year prior

to the expiration of the original term of copyright: And righted

works, provided further, That in the case of any other copyrighted

work, including a contribution by an individual author to a periodical or to a cyclopædic or other composite work

when such contribution has been separately registered, the Renewal term author of such work, if still living, or the widow, widower,

or children of the author, if the author be not living, or if such author, widow, widower, or children be not living, then the author's executors, or in the absence of a will, his next

of kin shall be entitled to a renewal and extension of the Notice that re-copyright in such work for a further term of twenty-eight

years when application for such renewal and extension shall have been made to the copyright office and duly registered therein within one year prior to the expiration of the orig

28 years

Other

term

28

first years

28 years; to author.

widow children, heirs or next of kin

is de

newal teri sired

ends 28

Extension

of

titled
for composite
work

Renewal

ap

inal term of copyright: And provided further, That in de-encopyright fault of the registration of such application for renewal and unless renewed extension, the copyright in any work shall determine at the expiration of twenty-eight years from first publication. SEC. 24. That the copyright subsisting in any work at

subsisting copythe time when this Act goes into effect may, at the expira- rights tion of the term provided for under existing law, be renewed and extended by the author of such work if still living, or the widow, widower, or children of the author, if the author be not living, or if such author, widow, widower, or children be not living, then by the author's executors, or in the absence of a will, his next of kin, for a further period such that the entire term shall be equal to that secured by this Act, including the renewal period: Provided, however, That Proprietor en if the work be a composite work upon which copyright was originally secured by the proprietor thereof, then such proprietor shall be entitled to the privilege of renewal and extension granted under this section: Provided, That plication application for such renewal and extension shall be made to the copyright office and duly registered therein within one year prior to the expiration of the existing term. SEC. 25. That if any person shall infringe the copyright of copyright

Infringement 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 to the copyright proprietor such damages as the copyright proprietor 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 sales only and the defendant shall be required to prove every element of cost which he claims, or in lieu of actual damages and profits such damages as to the court shall appear to be just, and in assessing such damages the court may, in its discretion, allow the amounts as hereinafter stated, but in the case of a newspaper reproduction of a copyrighted photo-product par

Newspaper regraph such damages shall not exceed the sum of two hundred dollars nor be less than the sum of fifty dollars, and such damages shall in no other case exceed the sum of five

Injunction

Damages

Proving sales Minimum covery, $250

ture,

$10

for

copy

$1 for every in

or

Dramatic musical

for

first

ance

arti

re-thousand dollars nor be less than the sum of two hundred

and fifty dollars, and shall not be regarded as a penalty: Painting, First. In the case of a painting, statue, or sculpture, statue, or sculp

ten dollars for every infringing copy made or sold by or every infringing

found in the possession of the infringer or his agents or

employees; Other works, Second. In the case of any work enumerated in secfringing copy

tion five of this Act, except a painting, statue, or sculpture, one dollar for every infringing copy made or sold by or found in the possession of the infringer or his agents

or employees; Lectures, $50 Third. In the case of a lecture, sermon, or address, for every infringing delivery

fifty dollars for every infringing delivery; works,

Fourth. In the case of dramatic or dramatico-musical $100 and $50 for sub- or a choral or orchestral composition, one hundred dolsequent infringing performance lars for the first and fifty dollars for every subsequent

Other musical compositions, infringing performance; in the case of other musical com$10 for every infringing perform- positions, ten dollars for every infringing performance;

Delivering up infringing (c) 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; Destruction of

(d) To deliver up on oath for destruction all the infringing infringing copies,

copies or devices, as well as all plates, molds, matrices, or other means for making such infringing copies as the court

may order; Infringement by

(e) Whenever the owner of a musical copyright has used instru- or permitted the use of the copyrighted work upon the parts

of musical instruments serving to reproduce mechanically the musical work, then in case of infringement of such copyright by the unauthorized manufacture, use, or sale of interchangeable parts, such as disks, rolls, bands, or cylinders for use in mechanical music-producing machines

adapted to reproduce the copyrighted music, no criminal Injunction action shall be brought, but in a civil action an injunction may be granted

may be granted upon such terms as the court may impose, Recovery of and the plaintiff shall be entitled to recover in lieu of profits royalty

and damages a royalty as provided in section one, subsection (e), of this Act: Provided also, That whenever any person,

cles

etc.

mechanical musical ments

a

a
vided

Rules for

For rules see

in the absence of a license agreement, intends to use a copyrighted musical composition upon the parts of instruments serving to reproduce mechanically the musical work, relying upon the compulsory license provision of this Act, he shall Notice to pro

prietor of intenserve notice of such intention, by registered mail, upon the tion to use copyright proprietor at his last address disclosed by the records of the copyright office, sending to the copyright office a duplicate of such notice; and in case of his failure so to do the court may, in its discretion, in addition to sums hereinabove mentioned, award the complainant a further D a mages,

three times sum, not to exceed three times the amount provided by a mount prosection one, subsection (e), by way of damages, and not as

Temporary a penalty, and also a temporary injunction until the full

injunction award is paid. Rules and regulations for practice and procedure under

practice and prothis section shall be prescribed by the Supreme Court of cedure the United States.

pages 179-182 SEC. 26. That any court given jurisdiction under section Judgment en thirty-four of this Act may proceed in any action, suit, or proceeding instituted for violation of any provision hereof to enter a judgment or decree enforcing the remedies herein provided Sec. 27. That the proceedings for an injunction, damages, Proceedings, ,

injunction, etc., and profits, and those for the seizure of infringing copies, may be united in plates, molds, matrices, and so forth, aforementioned, may be united in one action.

Sec. 28. That any person who willfully and for profit Penalty for shall infringe any copyright secured by this Act, or who ment 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 a fine of not less than one hundred dollars nor more than one thousand dollars, or both, in the discretion of the court: Provided, however, That nothing in this Act shall be so construed as to prevent the performance of religious or secular works, such as oratorios, cantatas, may be permasses, or octavo choruses by public schools, church choirs, or vocal societies, rented, borrowed, or obtained from some public library, public school, church choir, school choir, or