VI. Protection of the Copyright-cont'd. Search warrant to secure unlawful copies-cont'd. copyright laws of the United States, or under the provisions of this Act, are to be found in any house, shop, or other place within the jurisdiction of such court, shall grant a warrant to search for such suspected unlawful copies, and to bring before the court any such suspected unlawful copies found; and, on proof that such copies are unlawful copies, shall order them to be destroyed or delivered up as forfeited to the author or proprietor of the copyright.

Destruction of forfeited works.

63. All false, fraudulent, or otherwise unlawful works or copies to which any of the above sections apply shall

be liable to destruction, or may be ordered to be delivered upon oath as forfeited to the author whose work has been tampered with or to any other person aggrieved.

Destruction of articles used to produce unlawful copies.

64. Where any works or copies become liable to seizure, confiscation, forfeiture, or destruction, under the provisions of this Act, such liability shall extend to and include all plates, blocks, negatives, molds, or other similar articles used or intended to be used in the production of such false or unlawful copies.

IMPORTATION OF UNAUTHORIZED COPIES. Prohibition of importation of fraudulent copies.

65. During the existence of the copyright in any book or other article, any copies produced without the direct authorization of the author or proprietor shall be considered fraudulent and illegal, and the importation into the United States of such fraudulent copies is hereby prohibited.

Procedure for the forfeiture of fraudulent copies imported.

66. Any and all such fraudulent copies prohibited importation by this Act which are brought into the United States, or its dependencies, from any foreign country, by any

VI. Protection of the Copyright-cont'd. Procedure for the forfeiture of fraudulent copies imported— cont'd.

means whatsoever, shall be seized by an officer, agent, or employe of the government of the United States. The property so seized shall without delay be delivered into the custody of the principal customs officer of the collection district in which the seizure is made; whereupon the said officer shall (except in the cases of importations by mail) publish a notice once a week for three successive weeks in some newspaper of the county or place where such seizure shall have been made. If no newspaper shall be published in such county, then such notice shall be published in some newspaper of the county in which the principal customs office of the district shall be situated; and if no newspaper shall be published in such county, then notices shall be posted in proper public places, which notices shall describe the articles seized and state the time, cause, and place of seizure, and shall require any person claiming such articles to appear and file with such customs officer his claim to such articles within twenty days from the date of the first publication of such notices.

Importer may file claim and give bond.

67. Any person claiming the property so seized may, at any time within twenty days from the date of such first publication, file with the collector, or other proper officer, a claim, stating his interest in the articles seized, and deposit with such collector, or other proper officer, a bond to the United States, in the penal sum of two hundred and fifty dollars, with two sureties, to be approved by said collector, or other proper officer, conditioned that, in case of the condemnation of the articles so claimed, the obligors shall pay all the costs and expenses of the proceedings to obtain such condemnation.

Such collector, or other proper officer, shall transmit the same, with a duplicate list and

VI. Protection of the Copyright-cont'd. Importer may file claim and give bond-cont'd. description of the articles seized and claimed, to the United States District Attorney for the district, who shall proceed for a condemnation of the property, either by libel of information or by information.

Property, if condemned, shall be destroyed.

68. In case the property shall be condemned it shall be delivered into the custody of the United States Marshal, and destroyed in such manner as the court may direct. If not condemned, the said articles shall be delivered to the importer on payment of the duty, if any be due. The burden of proof shall be on the claimant of the property. If reasonable cause is found by the court as an existing fact connected with the seizure, the seizing officer shall be entitled to a certificate affording him an absolute defense to any action on account of the seizure. If no such claim shall be filed, or bond given, within the twenty days above specified, the collector, or other proper officer of the customs, who has custody of the property, shall declare the same forfeited, and it shall be destroyed in such manner as may be prescribed by the Secretary of the Treasury. Importation through the mails.

69. Mails from foreign countries shall be carefully examined by postmasters, who shall forward to the principal customs officer of the district in which the post office is situated any foreign mail package supposed to contain any article imported in violation of the provisions of this Act. Upon receipt of such package the customs officer shall detain the same in his custody and notify by mail the addressee of the package of the detention thereof, and to show cause within thirty days why the supposed prohibited articles should not be destroyed. If a person so addressed shall not appear and show cause to the contrary, the customs officer shall make formal seizure of the articles contained in the package supposed to be prohibited importation, and de

VI. Protection of the Copyright-cont'd. Importation through the mails-cont'd. clare the same forfeited, whereupon said articles shall be destroyed in such manner as the Secretary of the Treasury may direct. If the addressee appears and shows to the satisfaction of the said officer that the importation of the articles is not prohibited, the said articles shall be delivered to the addressee upon payment of the customs duty, if any be due. COPYRIGHT SUITS.

Circuit and district courts and Supreme Court of the District of Columbia.

70. All actions, suits, controversies, and cases arising under the copyright laws of the United States shall be originally cognizable, as well in equity as at law, whether civil or penal in their nature, by the circuit courts of the United States, or any district court having the jurisdiction of a circuit court, or in the Supreme Court of the District of Columbia or any Territory. And the court shall have power, upon bill in equity filed by any party aggrieved, to grant injunctions to prevent the violation of any right secured by said laws, according to the course and principles of courts of equity, on such terms as the court may deem reasonable.

Jurisdiction exclusive of State courts.

71. The jurisdiction vested in the courts of the United States shall be exclusive of the courts of the several states in all cases arising under the copyright laws of the United States.

Appeal to the Supreme Court of the United States.

72. A writ of error may be allowed to review any final judgment at law, and an appeal to the Circuit Court of Appeals of the United States or the Supreme Court of the United States as now provided by law, shall be allowed from any final decree in equity, without regard to the sum or value in dispute, of any circuit court of the United States, or of any district court acting as a circuit court, or of the Supreme Court of the District of Columbia or of any Territory, in any case touching copyrights.

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VI. Protection of the Copyright-cont'd.

Limitation of actions.

73. No action shall be maintained in any case of forfeiture or penalty under the copyright laws, or under this Act, unless the same is commenced within three years after the cause of action has arisen.

Defendant may plead the general issue.

74. In all actions arising under the laws respecting copyright, or under this Act, the defendant may plead the general issue, and give

the special matter. in evidence [? Strike out?]

Full costs may be allowed.

75. In all recoveries under the copyright laws, or under this Act, either for damages, forfeiture, or penalties, full costs shall be allowed thereon.

Evidence: Copies of record.

76. Every registration of the title or description of any article deposited under the provisions of the copyright laws and of this Act, made upon the record books of the Copyright Office, shall be primâ facie evidence of compliance with the requirements of the copyright laws and of this Act, and of the title to copyright of the person named in such registration; and written or printed copies of such record of registration, authenticated by the seal of the Copyright Office and certified by the Register of Copyrights, shall be admissible in evidence in all courts in all proceedings, actions, suits, and controversies arising under the copyright laws of the United States, wherein the originals could be evidence, and to the same extent, without further proof or production of the originals; and such certified copies of any entries in the record books of the Copyright Office, under this Act, shall, upon payment of the prescribed fee, be given to any person making application for the

same.

Remedy for infringement not limited.

77. Nothing in this Act shall prevent, lessen, impeach, or avoid any remedy at law or