1 2 3 4 5 75 fraudulent representation materially affecting the rights under this title, shall be liable in the sum of $1,000, or such part thereof as the court may determine, as compensation to the defendant, to be charged against the plaintiff and paid to the defendant, in addition to such costs and attorney's fees of the defendant as may be assessed by the 8 PENALTY FOR FALSE MARKING 9 10 11 12 13 14 15 16 17 18 19 SEC. 225. (a) Whoever, for the purpose of deceiving the public, marks upon, or applies to, or uses in advertising in connection with any article made, used, distributed, or sold by him, the design of which is not protected under this title, a design notice as specified in section 306 or any other words or symbols importing that the design is protected under this title, knowing that the design is not so protected, shall be fined not more than $500 for every such offense. (b) Any person may sue for the penalty, in which event, one-half shall go to the person suing and the other to the use of the United States. PENALTY FOR FALSE REPRESENTATION SEC. 226. Whoever knowingly makes a false representation mate20 rially affecting the rights obtainable under this title for the purpose of obtaining registration of a design under this title shall be fined not less than $500 and not more than $1,000, and any rights or privi23 leges he may have in the design under this title shall be forfeited. SEC. 227. (a) Nothing in this title shall affect any right or remedy now or hereafter held by any person under title I of this Act. 27 (b) When a pictorial, graphic, or sculptural work in which copy28 right subsists under title I of this Act is utilized in an original orna29 mental design of a useful article, by the copyright proprietor or under an express license from him, the design shall be eligible for protection under the provisions of this title. SEC. 228. (a) Nothing in this title shall affect any right or remedy available to or held by any person under title 35 of the United States Code. (b) The issuance of a design patent for an ornamental design for an article of manufacture under said title 35 shall terminate any protection of the design under this title. COMMON LAW AND OTHER RIGHTS UNAFFECTED SEC. 229. Nothing in this title shall annul or limit (1) common law or other rights or remedies, if any, available to or held by any person 76 1 2 3 4 5 with respect to a design which has not been made public as provided in section 304 (b), or (2) any trademark right or right to be protected against unfair competition. ADMINISTRATOR SEC. 230. The Administrator and Office of the Administrator referred to in this title shall be such officer and office as the President 6 7 may designate. 8 9 SEVERABILITY CLAUSE SEC. 231. If any provision of this title or the application of such 10 provision to any person or circumstance is held invalid, the remainder of the title or the application to other persons or circumstances shall not be affected thereby. 11 12 13 14 15 16 AMENDMENT OF OTHER STATUTES SEC. 232. (a) Subdivision a (2) of section 70 of the Bankruptcy Act of July 1, 1898, as amended (11 U.S.C. 110(a)), is amended by inserting "designs," after "patent rights”. (b) Title 28 of the United States Code is amended— (1) by inserting “designs,” after "patents," in the first sentence of section 1338(a); (2) by inserting ", design," after "patent" in the second sentence of section 1338 (a); (3) by inserting "design," after "copyright," in section 1338 (b); (4) by inserting "and registered designs" after "copyrights” in section 1400; and (5) by revising section 1498 (a) to read as follows: "(a) Whenever a registered design or invention is used or manu28 factured by or for the United States without license of the owner 29 thereof or lawful right to use or manufacture the same, the owner's 30 remedy shall be by action against the United States in the Court of Claims for the recovery of his reasonable and entire compensation for such use and manufacture. 31 32 33 34 35 36 37 38 39 40 41 "For the purposes of this section, the use or manufacture of a registered design or an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufacture for the United States. "The court shall not award compensation under this section if the claim is based on the use or manufacture by or for the United States of any article owned, leased, used by, or in the possession of 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 the United States, prior to, in the case of an invention, July 1, 1918, and in the case of a registered design, July 1, 1978. "A Government employee shall have the right to bring suit against the Government under this section except where he was in a position to order, influence, or induce use of the registered design or invention by the Government. This section shall not confer a right of action on any registrant or patentee or any assignee of such registrant or patentee with respect to any design created by or invention discovered or invented by a person while in the employment or service of the United States, where the design or invention was related to the official functions of the employee, in cases in which such functions included research and development, or in the making of which Government time, materials, or facilities were used." TIME OF TAKING EFFECT SEC. 233. This title shall take effect one year after enactment of this Act. NO RETROACTIVE EFFECT SEC. 234. Protection under this title shall not be available for any 19 design that has been made public as provided in section 204(b) prior to the effective date of this title. SEC. 235. This title may be cited as "The Design Protection Act of 1975". 94TH CONGRESS 1ST SESSION H. R. 5345 IN THE HOUSE OF REPRESENTATIVES MARCH 21, 1975 Mr. DANIELSON introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Copyright Act of 1909, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Performance Rights 4 Amendment of 1975". 5 SEC. 2. The first section of title 17, United States Code, 6 is amended 7 8 Э 10 11 (1) by striking out "and" where it appears at the end of subsections (c) and (d); (2) by striking out the period at the end of subsection (e) and inserting in lieu thereof a semicolon and "and"; 1 2 3 2 (3) by striking out subsection (f) and inserting in lieu thereof the following: "(f) (1) To perform publicly for profit and to reproduce 4 and distribute to the public by sale or other transfer of owner5 ship, or by rental, lease, or lending, any reproduction of a 6 copyrighted work which is a sound recording: Provided, 7 That the exclusive rights of the owner of a copyright in a 8 sound recording to reproduce and perform it are limited to 9 the rights to duplicate the sound recording in a tangible 10 form that directly or indirectly recaptures the actual sounds 11 fixed in the recording, and to perform those actual sounds: 12 Provided further, That these rights do not extend to the 13 making or duplication of another sound recording that is an 14 independent fixation of other sounds, or to the performance 15 of other sounds, even though such sounds imitate or simulate 16 those in the copyrighted sound recording; or to reproductions made by broadcasting organizations exclusively for 18 their own use. 19 "(2) Where the copyrighted sound recording has been 20 distributed to the public under the authority of the copyright 21 owner, the public performance of the sound recording shall 22 be subject to compulsory licensing in accordance with the 23 provisions of section 33 of this title."; and 24 25 (4) by inserting immediately before the period at the end of the last sentence of such section (relating to |