SEC. 4. Where any work subject matter of copyright under this act has been made by an author entitled to copyright in the United States under the terms of a contract with any person or corporation and during the course of his employment for hire by any such person or corporation, such employer shall be the first owner of the copyright in such work, subject to the terms of the agreement between the author and his employer.

SEC. 5. The owner of the manuscript of an author's work acquired under the author's will shall be presumed to be the owner of the copyright in such work provided the work has not been published no performed or delivered in public. SEC. 6. The publisher of a newspaper or other periodical shall be the first owner of the general copyright therein: Provided, however, That in the case of any literary or other contribution therein the author thereof shall be the owner of the copyright, and in the absence of agreement to the contrary he shall be deemed only to have licensed the publisher to print and publish the said contribution.

SEC. 7. Where any person, association, firm or corporation, after this act goes into effect, shall manufacture a motion picture, or shall make and sell a phonographic record or a perforated roll or other cintrivance which shall mechanically reproduce any literary, dramatic, musical or dramatico-musical work, such person, association, firm or corporation shall be the first owner of the copyright in such motion picture or in such_phonographic record, perforated roll or other contrivance: Provided, however, That where such motion picture, or such phonographic record or perforated roll or other contrivance, is based in whole or in part upon a work in which copyright subsists, then, during the term of copyright in such work, the copyright in such motion picture shall include only the exclusive right to make, copy, vend, and exhibit it, and the copyright in such phonographic record, roll or other contrivance shall include only the exclusive right to make, copy, and vend it: And provided further, That the copyright in such motion picture, or such phonographic record, roll, or other contrivance, shall be held subject to all the rights of the owner of the copyright in any work upon which such motion picture or such phonographic record, roll, or other contrivance is based.

SEC. 8. In the case of any copyright registerd prior to the time when this act goes into effect by a proprietor under a contract, express or implied, by which some of the rights included in the copyright were reserved to the author, the ownership of the said rights is hereby confirmed to the author, or his assigns, who shall be entitled to dispose of them or to bring an action in case of their infringement as fully as the author could do under this act had copyright been originally obtained by him.

WORKS PROTECTED

SEC. 9. The works for which copyright is secured under this act shall include all the writings of authors whether unpublished or published, and the classes of works enumerated below are expressly recognized as subject matter of copyright, but the following specifications shall not be held to limit the subject matter of copyright nor shall any error in classification invalidate or impair the copy right protection secured under this act:

(a) Books, including composite and cyclopedic works, directories, gazetteers, and other compilations;

(b) Periodicals, including newspapers;

(c) Lectures, sermons, addresses (prepared for oral delivery);

(d) Dramatic compositions and dramatico-musical compositions;

(e) Musical compositions;

(f) Maps;

(g) Works of art (drawings, paintings, and sculptures);

(h) Reproductions of a work of art, including engravings, lithographs, photoengravings, photogravures, casts, plastic works, or copies by other recognized methods of reproduction;

(i) Drawings and plastic works of a scientific or technical character;

(j) Photographs;

(k) Prints and pictoral illustrations, including prints or labels for articles of manufacture heretofore registrable in the Patent Office under the act approved June 18, 1874;

(1) Motion-picture photoplays;

(m) Motion pictures other than photoplays;

Scenarios for motion pictures;

Works of architecture, models or designs for architectural works;

(p) Choreographic works and pantomimes, the scenic arrangement or acting form of which is fixed in writing or otherwise;

(q) Phonographic records, perforated rolls, and other contrivances by means of which sounds may be mechanically reproduced.

SEC. 10. Compilations or abridgments, adaptations, arrangements, dramatizations, translations, or other versions of works in the public domain, or of copyright works when used with the consent of the owner of the copyright in such works, as well as motion pictures and phonographic records, rolls, or other contrivances made from such works, shall be regarded as new works subject to copyright under the provisions of this act; but the making or publication of any such compilations, abridgments, adaptations, arrangements, dramatizations, translations, motion pictures, or phonographic records, rolls, or other contrivances shall not affect the force or validity of any subsisting copyright upon the matter employed or any part thereof, or be construed to imply an exclusive right to such use of the original works, or to secure or extend copyright in such original works. SEC. 11. No copyright shall subsist in the original text of any work which is in the public domain, or in any publication of the United States Government, or any reprint, in whole or in part, thereof: Provided, however, That the publication or republication by the Government, either separately or in a public document, of any material in which copyright is subsisting shall not be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such copyright material without the consent of the copyright owner.

EXCLUSIVE RIGHTS SECURED

SEC. 12. It is expressly recognized and declared that the copyright hereby granted secures to authors of works of literature, music, the drama, and the fine arts, and to the administrators, executors, or assigns of such authors, the exclusive right to produce, perform, or distribute their works by any means whatsoever, and, subject to the provisions of this act, any person entitled thereto shall have the exclusive right:

(a) To copy, print, reprint, publish, produce, reproduce, or transmit the copyright work in any form; and to vend or otherwise dispose of such work and to authorize its public use in any manner or by any means whatsoever;

(b) To translate said work into other languages or dialects, or to make any other version thereof;

(c) To reproduce said work in the form of a motion picture and to exhibit the same;

(d) To make, copy, and vend any phonographic record, or any perforated roll or other contrivance by means of which, in whole or in part, the copyright work may be mechanically reproduced;

(e) To dramatize the copyright work if it be a nondramatic work, and to convert it into a novel or other nondramatic work if it be a drama;

(f) To convert a copyright motion-picture photoplay which is not based upon a work in which copyright is subsisting into a story or dramatic composition; (g) To arrange or adapt the copyright work if it be a musical work;

(h) To complete, execute, and finish said work if it be a model or design for a work of art;

(i) To deliver or authorize the delivery of said work in public if it be a lecture, sermon, or address prepared for oral delivery;

(j) To communicate the copyright work to the public by means of radio broadcasting, telephoning, telegraphing, or any other method for transmitting sounds or pictures;

(k) To perform or represent said work publicly in whole or in part, if it be a dramatic or dramatico-musical work, and if such work is unpublished, to vend any manuscript or any record whatsoever thereof; to make or to procure the making, in whole or in part, of any transcription or record thereof or of any other contrivance by or from which it may in any manner or by any method be exhibited, performed, represented, produced, or reproduced; and to exhibit, perform, represent, produce, or reproduce it in any manner or by any method whatsoever; (1) To perform said work publicly if it be a musical composition; and for the purpose of public performance and for the purposes set forth in subsection (a) hereof, to make any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced: Provided, however, That nothing in this act shall be construed to prohibit the performance of copyright musical works by churches or public schools, provided the performance is

given for charitable or educational or religious purposes, unless a fee is charged for admission to the place where the music is so used.

SEC. 13. The copyright provided by this act shall protect in the case of composite works or periodicals all the copyrightable component parts of the work copyrighted, and all matters therein in which copyright is already subsisting: Provided, however, That the publisher of a newspaper or other periodical shall, in the absence of an agreement with the author to the contrary, secure only a license to print and publish in such newspaper or other periodical such author's literary or other contribution contained therein.

SEC. 14. The copyright of a work of architecture shall cover only its artistic character and its design and shall not extend to processes or methods of construction nor shall it prevent the making or publishing of photographs, paintings, or other illustrations thereof which are not in the nature of architectural drawings or plans, and the owner of the copyright shall not be entitled to obtain an injunction restraining the construction, substantially begun, of an infringing building. or an order for its demolition or seizure.

ASSIGNMENT OF COPYRIGHT, ETC.

SEC. 15. Copyright under this or previous acts of the United States may be assigned, granted, or mortgaged, or may be bequeathed by will. In order to be valid such assignment, grant, or mortgage shall be in writing signed by the author or other owner of the copyright. Such owner of the copyright in any work may assign, grant, or mortgage the entire copyright, either generally or subject to limitations, for the entire period of the copyright or for a limited time, or for a specified territory; and he may so assign, grant, or mortgage any separate right or rights recited in section 12 of this act, and may grant any interest in any such right or in the entire copyright by license; but any separate right or use not collectively or specifically assigned shall remain the property of the author of the work or other owner of the copyright therein. The author or his assigns may prevent infringement of, or interference with, any or all of their respective rights by legal means and may obtain damages as provided by this act for any act or acts in violation of any such rights: Provided, however, That any such assignment, grant, license, or mortgage shall specify and clearly describe the rights granted under this act or previous acts of the United States which are so assigned, granted, mortgaged, or licensed.

SEC. 16. Every assignment of copyright and every copyright license executed in a foreign country shall be acknowledged by the assignor or licensor before a secretary in the Diplomatic Service or consular officer of the United States authorized by law to administer oaths or perform notarial acts. The certificate of such acknowledgment under the hand and official seal of such secretary or consular officer shall be prima facie evidence of the execution of the instrument. SEC. 17. Assignments, grants, mortgages, or licenses of copyright, or of separate rights thereunder, may be recorded in the copyright office, and no action shall be maintained for the infringement of the copyright in any work, or of any separate right thereunder, by an assignee of the copyright or of such right, until the instrument under which he claims shall have been recorded.

SEC. 18. The recording provided for in the preceding section may take place at any time, but if any assignee, grantee, mortgagee, or licensee shall fail to record his assignment, grant, mortgage, or license within three calendar months after its execution in the United States, or within six calendar months after its execution without the limits of the United States, such assignment, grant, mortgage, or license shall be void as against a subsequent purchaser for a valuable consideration, without notice, whose assignment has been duly recorded.

SEC. 19. The copyright is distinct from the property in the material object copyrighted, and the sale or conveyance, by gift or otherwise, of the material object shall not of itself constitute a transfer of the copyright, nor shall the assignment of the copyright constitute a transfer of the title to the material object unless expressly stipulated; but nothing in this act shall be deemed to forbid, prevent, or restrict the transfer of any copy of a copyright work the possession of which has been lawfully obtained.

TERM OF COPYRIGHT PROTECTION

SEC. 20. The copyright secured by this act, except as otherwise expressly provided, shall endure for the life of the author of the work and for a period of fifty years after his death. In the case of a work by joint authors, the copyright shall terminate at the expiration of fifty years from the date of the death of the author

who dies first, unless a joint author is living at the end of said fifty years, in which event the copyright shall terminate upon the death of the last surviving joint author.

SEC. 21. In the case of any posthumous work, or of any work the copyright of which is first owned by an employer for hire; or any composite or cyclopaedic work, or any compilation, abridgement, adaptation, or arrangement, the copyright shall endure for a period of fifty years from the date of the first publication of the work.

SEC. 22. The general copyright secured under this act by the publisher of a newspaper or other periodical shall endure for a period of fifty years from first publication: Provided, however, That unless there is a specific agreement to the contrary, the right of periodical publication in any literary or other contribution published in such newspaper or periodical under the provisions of section 13 of this act, shall, after such publication, revert to the author thereof, and shall continue during his life and for fifty years after his death.

SEC. 23. Copyright shall subsist in motion pictures, and in phonographic records, perforated rolls, and other contrivances by means of which sounds may be mechanically reproduced, for a period of fifty years from the date when such motion picture is first sold or exhibited, or such phonographic record, roll, or other contrivance is first sold, offered for sale, or otherwise publicly distributed. SEC. 24. The copyright subsisting in any work when this act goes into effect shall be continued at the end of the subsisting term until the expiration of fifty years beyond the author's death, and such continuation of the copyright shall vest in the author if still living, or if the author be not living, in the widow, widower, or children of the author; or if such author, widow, widower, or children be not living, then if the author left a will the copyright shall vest in the author's executors or in a duly appointed administrator with the will annexed, and in the absence of a will the copyright shall vest in the author's next of kin: Provided, That in the case of a posthumous work or of a periodical or other composite or cyclopedic work, or a work copyrighted by an employer for whom such work was made for hire, or by a corporate body (otherwise than as assignee or licensee of the individual author), the proprietor of the subsisting copyright in any such work shall have a continuing copyright in such work which shall terminate fifty years from the date of first publication.

SEC. 25. In the case of works by foreign authors who are citizens or subjects of any country within the International Copyright Union made or first published after the date of the President's proclamation of adhesion to the said union, the copyright protection in the United States shall begin upon such date of making or first publication; and in the case of all of their works, not previously copyrighted in the United States, in which copyright is subsisting in any country of the Copyright Union at the date of said proclamation, copyright protection in the United States shall begin upon such date; but the duration and termination of the copyright protection in the United States for all works shall be governed by the provisions of this act: Provided, however, That the duration of copyright in the United States shall not in the case of any foreign work extend beyond the date at which such work has fallen into the public domain in the country of origin.

INFRINGEMENT OF COPYRIGHT AND REMEDIES

SEC. 26. If any person shall infringe the copyright in any work protected under the copyright laws of the United States such person shall be liable: (a) To an injunction restraining such infringement;

(b) To pay such damages to the owner of the right infringed as he may have suffered due to the infringement, as well as all the profits which the infringer shall have made from such infringement; and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims;

(c) To pay, at the option of the owner of the right infringed, in lieu of actual damages and profits, such damages as to the court shall appear to be just, and in assessing such damages the court may, in its discretion, allow the amounts hereinafter stated; but except as otherwise expressly provided in this act, such damages shall in no case exceed the sum of $5,000 nor be less than $250, and shall not be regarded as a penalty:

First. In the case of a painting, statue, or sculpture, $10 for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees;

Second. In the case of any work enumerated in section 9 of this act, except a painting, statue, or sculpture, $1 for every infringing copy made or sold or found in the possession of the infringer or his agents or employees;

Third. In the case of a lecture, sermon, or address, $50 for every infringing delivery.

Fourth. In the case of a choreographic work or pantomine, or a dramatic or dramatico-musical, or a choral or ochestral composition, or a motion picture, $100 for the first and $50 for every subsequent infringing performance or exhibition;

Fifth. In the case of other musical compositions, $10 for every infringing performance;

(d) In case of an unauthorized newspaper reproduction of a copyrighted photograph such damages assessed, in lieu of actual damages and profits, shall not exceed the sum of $200 nor be less than the sum of $50;

(e) In case of the infringement of an undramatized or nondramatic work by means of motion pictures, where the infringer shall show that he was not aware that he was infringing and that such infringement could not have been reasonably foreseen, such statutory damages shall not exceed the sum of $100.

(f) In case of the infringement of a copyrighted dramatic or dramaticomusical work by a maker of motion pictures and his agencies for distribution thereof to exhibitors, where such infringer shows that he was not aware that he was infringing a copyright work and that such infringement could not reasonably have been foreseen, the entire sum of such statutory damages recoverable by the owner of the rights infringed from such infringing maker and his agencies for the distribution to exhibitors of such infringing motion picture shall not exceed the sum of $5,000 nor be less than $250.

SEC. 27. The person guilty of infringement shall further be liable:

(a) To deliver up on oath, to be impounded during the pendency of the action, upon such terms and conditions as the court may prescribe, all articles alleged to infringe a copyright or any subsidiary right;

(b) To deliver up on oath for destruction, as the court may order, all the infringing copies or devices, as well as all plates, molds, matrices, or other means for making such infringing copies.

SEC. 28. All actions, suits, or proceedings arising under the copyright laws of the United States shall be originally cognizable by the district courts of the United States, the district court of any Territory, the Supreme Court of the District of Columbia, the district courts of Alaska, Hawaii, and Porto Rico, and the courts of first instance of the Philippine Islands, and any court given jurisdiction under this section may proceed in any action, suit, or proceeding instituted for violation of any provision of said laws to enter a judgment or decree enforcing the remedies provided by this act.

SEC. 29. Any such court or judge thereof shall have power, upon bill in equity filed by any party aggrieved, to grant injunctions to prevent and restrain the violation of any right secured by said laws, according to the course and principles of courts of equity, on such terms as said court or judge may deem reasonable. Any such injunction may be served on the parties against whom it may be granted anywhere in the United States, and shall be operative throughout the United States and be enforceable by proceedings in contempt or otherwise by any court or judge possessing jurisdiction of the defendants.

SEC. 30. The clerk of the court, or judge granting the injunction, shall, when required so to do by the court hearing the application to enforce said injunction, transmit without delay to said court a certified copy of all the papers in said cause that are on file in his office.

SEC. 31. The proceedings for an injunction, damages, and profits, and those for the seizure of infringing copies, plates, molds, matrices, and so forth, aforementioned, may be united in one action.

SEC. 32. In all actions, suits, or proceedings under this act, except when brought by or against the United States, or any officer thereof, full costs shall be allowed, and the court may award to the prevailing party a reasonable attorney's fee as part of the costs.

SEC. 33. Civil actions, suits, or proceedings arising under this act may be instituted in the district of which the defendant or his agent is an inhabitant, or in which he may be found.

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SEC. 34. Any civil action, suit, or proceeding involving the infringement of any exclusive right recited in section 12 of this act which has been assigned, granted, or mortgaged to another may be instituted and prosecuted by and in the name of the assignee, grantee, or mortgagee of such exclusive right in the same manner and as fully as the first copyright owner could have done had no