VII. Formalities--cont'd.

Copyright not forfeited by omission of statutory formality. 84. The copyright shall not be forfeited by such failure to deposit and register; but in any action for infringement or piracy in respect to offences committed, or unauthorized copies printed, before the formalities prescribed by this Act have been fully complied with, no damages shall be recovered, except on proof that the defendant was duly notified of the infringement, and continued the same after such notice.

False notice of copyright.

85. Every person who shall insert or impress any notice of copyright required by this Act, or words of the same purport, in or upon any book or other article claiming copyright, 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 which has not been copyrighted in this country, or shall knowingly import any book 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 penalty of one hundred dollars; and the importation into the United States of any book or other article bearing 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 issue, publication, or sale of any article marked or imported in violation of the United States copyright laws, at the suit of any person complaining of such violation.

Notification of the death of the author.

86. In the case of all copyright works in which the term of protection extends for fifty years beyond the date of the death of the author, there shall be filed in the Copyright Office for record, not later than thirty days after the issue of letters testamentary or let

VII. Formalities-cont'd.

Notification of the death of the author-cont'd.

ters of administration of his estate, or within ninety days after the day on which the author died, a statement including the full name of the author, the true date of his death, and the titles of his works upon which copyright is claimed, together with the full name of the person claiming copyright either as the "legal representative," "assignee," "administrator," or "executor" of the deceased author.

PRESCRIBED FORMALITIES.

87. In the case of every article upon which copyright in the United States is claimed under the provisions of this Act, it shall be obligatory:

Deposit for copyright registration.

(a) To deposit in the Copyright Office at Washington, D. C., either two copies of the authorized edition of each such article, or, in the case of an original work of the fine arts, or of a plastic work, a photograph of the same or some other exact reproduction of it such as shall fully identify the original, together with a title and description of such original work of the fine arts, or of such plastic work. Notice of copyright.

(b) To inscribe upon each copy of every article a notice of copyright in the United States in one or the other following forms:(1) "United States Copyright, by

the notice stating, in either case, the name of the claimant of copyright as registered in the Copyright Office under the provisions of this Act. Provided, That such required deposit and prescribed notice shall be subject to such special requirements and exceptions as may be provided by this Act in the case of each class of articles registered for copyright.

VII. Formalities-cont'd.

COPYRIGHT FEES.

The Register of Copyrights shall receive, and the persons to whom the services designated are rendered shall pay, the following fees:

Registration fees.

88. (a) For recording the title or description of any article subject to copyright and deposited under the provisions of this Act, one dollar, which sum is to include a certificate, under seal, of the registration actually made. (b) In the case of books published in more than one volume, as many consecutive volumes as shall be received at one and the same time may be included in one registration under one entry number and charged for at one fee; but separate volumes received at different times shall be charged for at the rate of one fee (one dollar) each. (c) Copies of subsequent editions of books previously registered shall be receipted for and their receipt noted upon the record of original entry without charge, unless separate copyright is claimed upon new matter. For new editions of books not previously registered there shall be required the payment of a fee of one dollar, which shall entitle the registrant to a certificate, under seal, of the registration made.

Fees: Certificate of registration: Assignments.

89. (a) For every special certificate, under seal, signed by the Register of Copyrights, of the receipt of copies deposited and registered, as required by this Act, fifty cents. (b) For recording and certifying any instrument of writing for the assignment of copyright, if not over 300 words in length, one dollar; if more than 300 and less than 1,000 words in length, two dollars; if more than 1,000 words in length, one dollar for each 1,000 words and fraction thereof over 300 words. (c) For every copy of an assignment recorded, duly certified, if not over 300 words in length, one dollar; if more than 300 and less than 1,000 words in length, two dollars; if more than 1,000 words in length, one dollar for each 1,000

VII. Formalities-cont'd.

Fees: Certificate of registration: Assignments-cont'd. words and fraction thereof over 300 words. (d) For comparing any copy of an assignment with the record of such document in the Copyright Office and attaching certificate, under seal, of the correctness of such copy, one dollar.

Record of transfer of proprietorship.

90. For recording the transfer of the proprietorship of copyright articles, ten cents for each title of a book or other article, in addition to the fee prescribed for recording the instrument of assignment.

Fees for making searches.

91. For any search of Copyright Office records, indexes, or deposits, made in the Copyright Office by request, fifty cents for each full hour of time consumed by a competent clerk of the Copyright Office in making such search. Fees for permitting inspection and copying of records, etc.

92. For the inspection of the Copyright Office record books, indexes to such records, applications for copyright registration, or any article deposited, including, if desired, the copying of any entry actually made in any such record book, ten cents in the case of each book or other article deposited: Provided, That if such inspection or copying, or both, is made by any person party to a copyright suit already begun, or by the counsel or any other representative of the party to such suit, it shall be free and without the payment of any fee; and Provided, further, That if the request for the inspection and use of any such book or other deposited article is made in the reading-room of the Library of Congress, or in any division of the Library to which the said article would naturally pertain, charge shall be made for the inspection and use there of the said article; and a request for the loan of such article to the reading-room or other division of the Library by the Copyright Office shall be complied with, under such regulations as shall be prescribed by the Librarian of Congress upon the recommendation of the Register of Copyrights.

no

MEMORANDUM DRAFT.

VIII. Special Provisions.

CLASS 1.-Original Works of the Fine Arts.

Prescribed formalities.

93. In the case of an original work of the fine arts, including any work enumerated in of this Act, it shall be obliga

section tory:

of

(a) To deposit the photograph or other reproduction as required by section this Act, not later than thirty days after the first authorized exhibition of the work open to the general public.

(b) To inscribe upon such work the notice of copyright prescribed in section

this Act.

of

Provided, however, That in the case of paintings which bear the name of the artist, or his initials, or his recognized monogram, or other distinctive mark, the copyright notice may, at the option of the copyright proprietor, be placed either upon the painting itself, or upon the back of the canvas, or upon the frame which incloses the painting.

Copyright of work of art to remain in the author.

94. The copyright in an original work of the fine arts and the ownership of the work shall be deemed to be distinct properties for the purpose of ownership, assignment, license, transmission, and all other purposes, and, except as provided for in this Act, the copyright in any artistic work shall remain in the author of the work, whether such work be sold

VIII