VI. Protection of the Copyright-cont'd. Remedy for infringement not limited-cont'd. in equity which any party aggrieved by any infringement of a copyright might have had if the provisions of this Act had not been passed. Right of action in case of assignment. 78. In all cases where the author has assigned his copyright in any book or other article before this Act shall have gone into effect, or, after this Act has gone into effect, shall assign his copyright in any book or other article for a limited term, said author and said assignee, for and during the existence of the right of property of said assignee thus created in said copyright, shall have a concurrent right to begin and maintain any action, either separately or jointly, in any cause arising under this Act, either for damages, forfeiture, or penalties, or for an injunction to prevent the violation of any right secured to either or both of them by this Act; Provided, That any judgment, decree, or recovery for or against the author or the assignee separately shall be a bar against any subsequent judgment, decree, or recovery against the other in any action where the cause of action or complaint shall be the same; and, Provided, further, That in all cases where the right of property of any assignee in the copyright in any book or other article has terminated before the end of the term of copyright provided by this Act, (either by the provisions of this Act or by the limitation contained in the assignment itself), and where the remainder of the said term of copyright has reverted to and vested in the author, he shall have the sole right to begin and maintain any action or suit when the cause of action or complaint shall arise after the termination of the right of property in the copyright of said assignee as hereinbefore provided; and after the remainder of the copyright has reverted to and vested in the author. VI. Protection of the Copyright-cont'd. PENALTIES. The penalty provisions are left for further consideration. For convenient reference sections 4964, 4965, and 4966 of the Revised Statutes are reprinted here. 4964, as amended by the Act of March 3, 1891. SEC. 4964. Every person who, after the recording 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 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, 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 jurisdiction. 4965, as amended by the Act of March 2, 1895. SEC. 4965. If any person, after the recording of the title of any map, chart, dramatic or 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 Act, shall, within the term limited, contrary to the provisions of this Act, 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, dramatize, translate, 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, 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 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, pub VI. Protection of the Copyright-cont'd. 4965, as amended by the Act of March 2, 1895-cont'd. lished, 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: Provided, however, That in case of any such infringement of the copyright of a photograph 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 any such infringement of the copyright of a painting, drawing, statue, engraving, etching, print, or 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 provisions 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. 4966, as amended by the Act of January 6, 1897. SEC. 4966. Any person publicly performing or representing any dramatic or musical composition 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 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 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 by any circuit court in 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 anywhere in the United States, and shall be operative and may be enforced by proceedings to punish for con VI. Protection of the Copyright-cont'd. 4966, as amended by the Act of January 6, 1897-cont'd. tempt or otherwise by any other circuit court or judge in the United States; but the defendants in said action, or any or either of them, may make a 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 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 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. The clerk of the court, or judge granting the injunction, shall, when required so to do by the court 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. MEMORANDUM DRAFT VII. Formalities. Compliance with prescribed formalities. 79. All persons legally entitled to the rights and privileges accorded by this Act may obtain registration of their claims to copyright upon complying with the requirements of this Act as to registration, deposit of copies, and the inscribing of the notice of copyright, and with such rules and regulations as may be prescribed by the Register of Copyrights, under the provisions of section this Act. Registration primâ facie evidence. of 80. The registration of a claim of copyright, under the provisions of this Act, shall be primâ facie evidence of ownership, subject to proof to the contrary. Registration under false declaration void and subject to damages. 81. If any person, under the provisions of this Act, shall procure the registration of a copyright, or entry thereof in the Copyright Office, by any false or fraudulent declarations or representations, oral or in writing, or by any false means whatsoever, he shall be liable to pay to the party injured any damages sustained in consequence thereof; and the Register of Copyrights, when notified by the filing of a certified copy of the final judgment rendered, shall cancel such registration, and mark the record thereof "void and of no effect," in accordance with such decision of the court. VII VII. Formalities-cont'd. No action maintainable until formalities have been com. plied with. 82. No person shall maintain an action for the infringement of his copyright, unless he has fully complied with all the provisions of this Act in relation to the deposit of the title, description, or copies; nor unless he shall also give notice of his claim of copyright by inserting in or inscribing on the copies of each article the respective notice or notices prescribed by this Act. Failure to comply with formalities. 83. If, by reason of any error or omission. (not due to the negligence of the author himself), the prescribed formalities as to deposit of title, description, photograph, or copies, as the case may be, have not been complied with within the time specified in this Act, or if failure to make registration has occurred by the error or omission of an administrative officer, it shall be permissible for the author or proprietor to make the required deposit and secure the necessary registration at any time within a period of three years after completion, exhibition, or publication of the article, as the case may be. Provided, however, That if the proprietor in the case of any article which bears a notice of copyright, or which otherwise claims to be protected by copyright, shall neglect to deliver at the Copyright Office either the title, description, photograph, or copy of the work as required by this Act, the Register of Copyrights may make demand thereof in writing at any time subsequent to the date when such deposit should have been made in accordance with the provisions of this Act; and, after the said demand shall have been made, in default of the delivery respectively of the title, description, photograph, or copies of the work as required by this Act, within one month from any part of the United States, or within six months from any dependency of the United States, the proprietor of the copyright shall be liable to a penalty of one hundred dollars. |