Deposit of copies prior to March 1, 1893. Postmaster shall give a receipt, if requested. Notice of copyright. 4959, the proprietor of the copyright shall be liable The following act in relation to the deposit of 99 13 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 30 delivered he shall mail it to its destination. SEC. 4962. 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 35 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 inscrib- 40 ing 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 13 52d Congress, 2d session, chap. 215: 27 Statutes at Large, p. 743. right on decorative Congress, in the year -, by A. B., in the office of the Librarian of Congress, at Washington;" or, at his option the word "Copyright," together with the year the copyright was entered, and the name of 5 the party by whom it was taken out; thus: "Copyright, 18—, by A. B." [----............1] That manufacturers of designs for molded deco- Notice of copy rative articles, tiles, plaques, or articles of pottery articles. or metal subject to copyright may put the copyright 10 mark prescribed by section forty-nine hundred and sixty-two of the Revised Statutes, and acts additional thereto, upon the back or bottom of such articles, or in such other place upon them as it has heretofore been usual for manufacturers of such 15 articles to employ for the placing of manufacturers, merchants, and trade-marks thereon." copyright (penalty SEC. 4963. Every person who shall insert or im- False claim of press such notice, or words of the same purport, in for). or upon any book, map, chart, dramatic or musical 20 composition, print, cut, engraving or photograph, or other article, whether such article be subject to copyright or otherwise, for which he has not obtained a copyright, or shall knowingly issue or sell any article bearing a notice of United States copyright 25 which has not been copyrighted in this country; or shall import any book, photograph, chromo, or lithograph or other article bearing such notice of copyright or words of the same purport, which is not copyrighted in this country, shall be liable to a pen30 alty of one hundred dollars, recoverable one-half for Penalty, $100.00. the person who shall sue for such penalty and onehalf to the use of the United States; and the importation into the United States of any book, chromo, lithograph, or photograph, or other article bearing 35 such notice of copyright, when there is no existing copyright thereon in the United States, is prohibited; and the circuit courts of the United States sitting in equity are hereby authorized to enjoin the issuing, publishing, or selling of any article marked 14 The text of Section 4962 given here is that of Section 1 of the Amendatory Act of June 18, 1874. (43d Congress, 1st session, chap. 301: 18 Statutes at Large, part III., pp. 78-79.) 15 This paragraph was enacted August 1, 1882. (47th Congress, 1st session, chap. 366: 22 Statutes at Large, p. 181.) Printing, or im porting, etc., book prohibited. or imported in violation of the United Stateɛ copyright laws, at the suit of any person complaining of such violation: Provided, That this Act shall not apply to any importation of or sale of such goods or articles brought into the United States prior to the 5 passage hereof." SEC. 4964. Every person who, after the recording without permission of the title of any book and the depositing of two copies of such book, as provided by this act, shall, contrary to the provisions of this act, within the 10 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, dramatize, translate, or import, or knowing the same to be so printed, published, dramatized, 15 translated, or imported, shall sell or expose to sale any copy of 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 20 jurisdiction. 17 18 Printing, etc., map, chart, dra composition or art mission prohibited. SEC. 4965. If any person, after the recording of the natic or musical title of any map, chart, dramatic or musical composiwork without per- tion, print, cut, engraving, or photograph, or chromo, or of the description of any painting, drawing, 25 statue, statuary, or model or design intended to be perfected and executed as a work of the fine arts, as provided by this act, shall, within the term limited, contrary to the provisions of this act, and without the consent of the proprietor of the copyright first ob- 30 tained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, dramatize, translate, or import, either in whole or in part, or by varying the main design, with intent to 16 The text of Section 4963 is that of the Amendatory Act of March 3, 1897 (54th Congress, 2d session, chap. 392: 29 Statutes at Large, pp. 694–695), Section 2 of which provides "That all laws and parts of laws inconsistent with the foregoing provision be, and the same are hereby, repealed." The original wording of Section 4963, as amended by the Act of March 3, 1891, was as follows: "Every person who shall insert or impress such notice, or words of the same purport, in or upon any book, map, chart, dramatic, or 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." 17 The text of Section 4964 is that of the Amendatory Act of March 3, 1891. 18 For forfeiture in case of illegal importation, see Revised Statutes, section 3082. evade the law, or, knowing the same to be so printed, published, dramatized, translated, or imported, shall sell or expose to sale any copy of such map or other article, as aforesaid, he shall forfeit to the proprietor 5 all the plates on which the same shall be copied, and every sheet thereof, 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 10 sale; and in case of a painting, statue, or statuary, infringement of graph. infringement of he shall forfeit ten dollars for every copy of the same in his possession, or by him sold or exposed for sale: Provided, however, That in case of any such infringement of the copyright of a photograph copyright of photo15 made from any object not a work of fine arts, the sum to be recovered in any action brought under the provisions of this section shall be not less than one hundred dollars, nor more than five thousand dollars, and: Provided, further, That in case of Penalty for 20 any such infringement of the copyright of a paint- copyright of a ing, drawing, statue, engraving, etching, print, or arts. model or design for a work of the fine arts or of a photograph of a work of the fine arts, the sum to be recovered in any action brought through the pro25 visions of this section shall be not less than two hundred and fifty dollars, and not more than ten thousand dollars. One-half of all the foregoing penalties shall go to the proprietors of the copyright and the other half to the use of the United States. 19 work of the fine 19 The text given of Section 4965 is that of the Amendatory Act of March 2, 1895 (53d Congress, 3d session, chap. 194: 28 Statutes at Large, p. 965). The original text of Section 4965 reads as follows: "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 to 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 thereof, 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." Penalty for performing or repre musical composi sent. Injunction. SEC. 4966. Any person publicly performing or senting dramatic or representing any dramatic or musical composition tion without con- for which a copyright has been obtained, without the consent of the proprietor of said dramatic or musical composition, or his heirs or assigns, shall 5 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. If the unlawful performance 10 and representation be willful and for profit, such person or persons shall be guilty of a misdemeanor and upon conviction be imprisoned for a period not exceeding one year. Any injunction that may be granted upon hearing after notice to the defendant 15 by any circuit court of the United States, or by a judge thereof, restraining and enjoining the performance or representation of any such dramatic or musical composition may be served on the parties against whom such injunction may be granted any- 20 where in the United States, and shall be operative and may be enforced by proceedings to punish for contempt or otherwise by any other circuit court or Suit for injunc- judge in the United States; but the defendants in said action, or any or either of them, may make a 25 motion in any other circuit in which he or they may be engaged in performing or representing said dramatic or musical composition to dissolve or set aside the said injunction upon such reasonable notice to the plaintiff as the circuit court or the judge before 30 whom said motion shall be made shall deem proper; service of said motion to be made on the plaintiff in person or on his attorneys in the action. The circuit courts or judges thereof shall have jurisdiction to enforce said injunction and to hear and determine 35 a motion to dissolve the same, as herein provided, as fully as if the action were pending or brought in the circuit in which said motion is made. tion. papers. Certified copy of The clerk of the court, or judge granting the injunction, shall, when required so to do by the court 40 hearing the application to dissolve or enforce said injunction, transmit without delay to said court a certified copy of all the papers on which the said injunction was granted that are on file in his office." 20 The text of Section 4966 is that of the Amendatory Act approved January 6, 1897, (54th Congress, 2d session, chap. 4: 29 Statutes at Large, pp. 481-482). The orignal text of section 4966 reads as follows: "Any person publicly performing |