moval of notice; sell ing article bear fine $100 prohibited of ar false notice and vocal society, provided the performance is given for chari table or educational purposes and not for profit. False notice of Sec. 29. That any person who, with fraudulent intent, Copyright (pen alty for) shall insert or impress any notice of copyright required by this Act, or words of the same purport, in or upon any unFraudulent re- copyrighted article, or with fraudulent intent shall remove fine $100 $1,000 or alter the copyright notice upon any article duly copy righted shall be guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars and not more than one thousand dollars. Any person who shall knowingly Issuing ing. or import issue or sell any article bearing a notice of United States false notice copyright which has not been copyrighted in this country, or who shall knowingly import any article bearing such notice or words of the same purport, which has not been copyrighted in this country, shall be liable to a fine of one hundred dollars. Importation Src. 30. That the importation into the United States of ticles bearing any article bearing a false notice of copyright when there is piratical copies no existing copyright thereon in the United States, or of any piratical copies of any work copyrighted in the United States, is prohibited. Prohibition of SEC. 31. That during the existence of the American copyimportation right in any book the importation into the United States of any piratical copies thereof or of any copies thereof although authorized by the author or proprietor) which have not been produced in accordance with the manufacturing provisions specified in section fifteen of this Act, or any plates of the same not made from type set within the limits of the l'nited States, or any copies thereof produced by lithographic or photo-engraving process not performed within the limits of the t'nited States, in accordance with the provisions Exceptions to of section fifteen of this Act, shall be, and is hereby, proprohibition of hibited: Procidad, heart. That, except as regards piratical copies, such prohibition shall not apply: (a) To works in raised characters for the 115€ or the blind; Toreis : b) To a foreign newspaper or magazine, although con taining matter copyrighted in the United States printed or reprinted by authoriir of the copyrighit proprietor, unless such newspaper o; magazine contains also copyright matter printed or reprinted without such authorization; of books importation Tork for the blind newspaper 1111?ines Books in foreign languages translations are of authorizedfor of (c) To the authorized edition of a book in a foreign language or languages of which only a translation into English of which only lias been copyrighted in this country; copyrighted (d) To any book published abroad with the authoriza- Importation tion of the author or copyright proprietor when imported eign books perunder the circumstances stated in one of the four subdivisions following, that is to say: First. When imported, not more than one copy at stornindividual one time, for individual use and not for sale; but sale such privilege of importation shall not extend to a foreign reprint of a book by an American author copyrighted in the United States; Second. When imported by the authority or for For the use the use of the United States; Third. When imported, for use and not for sale, For the use of not more than one copy of any such book in any one e ries, etc. Libraries Imported copies not to be lawfully be used in any way to violate the rights of used to violate copyright copyright. Sec. 32. That any and all articles prohibited importa-, Seizure of untion by this Act which are brought into the United States ported copies from any foreign country (except in the mails) shall be seized and forfeited by like proceedings as those provided purchased en O ok S brought person the United States 1 awfully im returned of and tation 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 sown to the satisfaction of the Secretary of the Treasury, in a written application, that such importation does not involve willful negligence or fraud. Secretary Sec. 33. That 'the Secretary of the Treasury and the Treasury postmaster. Postmaster-General are hereby empowered and required to General rules to prevent make and enforce such joint rules and regulations as shall 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 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, District in Sec. 35. That civil actions, suits, or proceedings arising which suit may 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 Sec. 36. That any such court or judge thereof shall have may be granted 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 courts in copy Certified copy 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. Sec. 37. That the clerk of the court, or judge granting of papers dilea' 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 re , court mentioned in section thirty-four of this Act arising peawedt omit abf 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. Sec. 39. That no criminal proceeding shall be main-No proceedings tained under the provisions of this Act unless the same is commenced within three years after the cause of action years on apor writ of criminal shall be maintained after three arose. Fu 11 costs shall be allowed tinct from prop in mate SEC. 40. That 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. 41. That the copyright is distinct from the prop Copyright diserty in the material object copyrighted, and the sale or enty rial object 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; but nothing in Transfer of any this Act shall be deemed to forbid, prevent, or restrict righted permitted the transfer of any copy of a copyrighted work the possession of which has been lawfully obtained. SEC. 42. That copyright secured under this or previous Copyright may be assigned, Acts of the United States may be assigned, granted, or mortgaged, bequeathed by mortgaged by an instrument in writing signed by the will proprietor of the copyright, or may be bequeathed by will. copy of copywork or . Assignment SEC. 43. That every assignment of copyright executed executed in for $145 counted in a foreign country shall be acknowledged by the asbe acknowledged signor 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 SEC. 44. That every assignment of copyright shall be to be recorded 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. Regi:ter of Sec. 45. That the register of copyrights shall, upon Copyrights to treord assigol 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 Sec. 46. That when an assignment of the copyright in substituted in a specified book or other work has been recorded the ascopyright notice signee may substitute his name for that of the assignor in the statutory notice of copyright prescribed by this Act. Copyright 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 copy rights. Register of Src. 48. That there shall be appointed by the Librarian of anturister Congress a register of copyrights, at a salary of four thousand of copyrights 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 Due 1111y be records Copyrights |