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False notice of copyright (penalty for)

moval of notice;

sell

false notice and

vocal society, provided the performance is given for charitable or educational purposes and not for profit.

SEC. 29. That any person who, with fraudulent intent, 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 ing article bearing 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 Sec. 30. That the importation into the United States of prohibited of articles 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 United States, or any copies thereof produced by lithographic or photo-engraving process not performed within the

limits of the United States, in accordance with the provisions Exceptions to of section fifteen of this Act, shall be, and is hereby, proprohibition of

hibited: Provided, however, That, except as regards piratical copies, such prohibition shall not apply:

(a) To works in raised characters for the use of the blind; For ei g n (b) To a foreign newspaper or magazine, although con

taining matter copyrighted in the United States printed or reprinted by authority of the copyright proprietor, unless such newspaper or magazine contains also copyright matter printed or reprinted without such authorization;

of

books

importation

Works for the blind

or

newspapers magazines

Books in for

of which only translations are copyrighted

of authorizedfor

For individual use and not for

For the use of the United States

For the use of

libra

(c) To the authorized edition of a book in a foreign lan

eign languages guage or languages of which only a translation into English lias been copyrighted in this country;

(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 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
the use of the United States;

Third. When imported, for use and not for sale,
not more than one copy of any such book in any one ries, etc.
invoice, in good faith, by or for any society or institu-
tion incorporated for educational, literary, philosophical,
scientific, or religious purposes, or for the encourage-
ment of the fine arts, or for any college, academy, school,
or seminary of learning, or for any State, school, col-
lege, university, or free public library in the United
States;

Fourth. When such books form parts of libraries or Libraries
collections purchased en bloc for the use of societies, bloc
institutions, or libraries designated in the foregoing
paragraph, or form parts of the libraries or personal
baggage belonging to persons or families arriving from ally into the
foreign countries and are not intended for sale:

Provided, That copies imported as above may not copies not to be lawfully be used in any way to violate the rights of used to violate the proprietor of the American copyright or annul or limit the copyright protection secured by this Act, and such unlawful use shall be deemed an infringement of

copyright. SEC. 32. That any and all articles prohibited importa-, Seizure of un

1a w fully imtion 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

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United States

copyright

certificate

tures,

Two complete copies of best edition

compliance the register of copyrights shall issue to him Copyright

the certificate provided for in section fifty-five of this Act. Copyright

SEC. 11. That copyright may also be had of the works protection of unpublished of an author of which copies are not reproduced for sale,

dramas, by the deposit, with claim of copyright, of one complete music, etc.

copy of such work if it be a lecture or similar production or a dramatic or musical composition; of a photographic print if the work be a photograph; or of a photograph

or other identifying reproduction thereof if it be a work Deposit of of art or a plastic work or drawing. But the privilege ficalis after pub- of registration of copyright secured hereunder shall not

exempt the copyright proprietor from the deposit of copies under sections twelve and thirteen of this Act where the work is later reproduced in copies for sale.

SEC. 12. That after copyright has been secured by publication of the work with the notice of copyright as provided in section nine of this Act, there shall be promptly deposited in the copyright office or in the mail addressed to the register of copyrights, Washington, District of Columbia, two complete copies of the best edition thereof then published, which copies, if the work be a book or periodical, shall have been produced in accordance with

the manufacturing provisions specified in section fifteen Periodical of this Act; or if such work be a contribution to a peri

odical, for which contribution special registration is re

quested, one copy of the issue or issues containing such Work not re-contribution; or if the work is not reproduced in copies produced in copies for sale

for sale, there shall be deposited the copy, print, photograph, or other identifying reproduction provided by section eleven of this Act, such copies or copy, print, pho

tograph, or other reproduction to be accompanied in each No action for case by a claim of copyright. No action or proceeding until deposit of shall be maintained for infringement of copyright in any

work until the provisions of this Act with respect to the deposit of copies and registration of such work shall have been complied with.

Sec. 13. That should the copies called for by section posit copies

twelve of this Act not be promptly deposited as herein copyrights may provided, the register of copyrights may at any time after demand copies the publication of the work, upon actual notice, require

contributions

copies

Failure to de

Failure to de

Fine $100 and retail price of 2

tion

Forfeiture copyright

of

Postmaster's

type set within

States

the proprietor of the copyright to deposit them, and after the said demand shall have been made, in default of the

posit on demand deposit of copies of the work within three months from any part of the United States, except an outlying territorial possession of the United States, or within six months from any outlying territorial possession of the United States, or from any foreign country, the proprietor of the copyright shall be liable to a fine of one hundred dollars and to pay to the Library of Congress twice the amount of the retail price copies, best ediof the best edition of the work, and the copyright shall become void. SEC. 14. That the postmaster to whom are delivered the

receipt articles deposited as provided in sections eleven and twelve of this Act shall, if requested, give a receipt therefor and shall mail them to their destination without cost to the copyright claimant.

Sec. 15. That of the printed book or periodical specified Printed from in section five, subsections (a) and (b) of this Act, except the the United original text of a book of foreign origin in a language or Book infor

language languages other than English, the text of all copies accorded excepted protection under this Act, except as below provided, shall be printed from type set within the limits of the United States, either by hand or by the aid of any kind of typesetting machine, or from plates made within the limits of the United States from type set therein, or if the text be produced by lithographic process, or photo-engraving process, Lithographic then by a process wholly performed within the limits of the graving process United States, and the printing of the text and binding of Printing and the said book shall be performed within the limits of the book

binding of the United States; which requirements shall extend also to the illustrations within a book consisting of printed text and Illustrations illustrations produced by lithographic process, or photoengraving process, and also to separate lithographs or photo-useparate

lithographs and engravings, except where in either case the subjects repre-photo-engravsented are located in a foreign country and illustrate a scientific work or reproduce a work of art; but they shall Books for

blind excepted not apply to works in raised characters for the use of the Books in forblind, or to books of foreign origin in a language or languages excepted other than English, or to books published abroad in the English language seeking ad interim protection under this Act.

in a book

ings

eign

languages

of

the

binding of book

where printing was done

cation

Affidavit

SEC. 16. That in the case of the book the copies so deAmerican manufacture posited shall be accompanied by an affidavit, under the

official seal of any officer authorized to administer oaths within the United States, duly made by the person claiming copyright or by his duly authorized agent or representative residing in the United States, or by the printer who has printed the book, setting forth that the copies deposited have been printed from type set within the limits of the United States or from plates made within the limits of the United States from type set therein; or, if the text be produced by lithographic process, or photo-engraving process,

that such process was wholly performed within the limits Printing, and of the United States, and that the printing of the text and

binding of the said book have also been performed within

the limits of the United States. Such affidavit shall state Establishment also the place where and the establishment or establishments

in which such type was set or plates were made or litho

graphic process, or photo-engraving process or printing and Date of public binding were performed and the date of the completion of the

printing of the book or the date of publication.

Sec. 17. That any person who, for the purpose of ob

fine, taining registration of a claim to copyright, shall knowingly $1,000 and forfeiture of copy- make a false affidavit as to his having complied with the

above conditions shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, and all of his rights and privileges under said copyright shall thereafter be forfeited.

Sec. 18. That the notice of copyright required by section nine of this Act shall consist either of the word “Copyright” or the abbreviation “Copr.”, accompanied by the name of the copyright proprietor, and if the work be a printed literary, musical, or dramatic work, the notice shall include also the year in which the copyright was secured by publication. In the case, however, of copies of works specified in sub

sections (f) to (k), inclusive, of section five of this Act, the Notice notice may consist of the letter C inclosed within a circle, maps, of

art, thus: ©, accompanied by the initials, monogram, mark, or photographs,

symbol of the copyright proprietor: Provided, That on some cessible portion accessible portion of such copies or of the margin, back, per

manent base, or pedestal, or of the substance on which such

False affida. vit, a misdemeanor;

of

N tic copyright

works

of

and prints

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