assignment, grant, or mortgage been made: Provided, That before any such action, suit, or proceeding is begun, such assignment, grant, or mortgage shall have been recorded in the copyright office at Washington,

SEC. 35. In any action for infringement of copyright in a work for which no registration has been made, copyright in such work shall nevertheless be presumed to subsist, and if the author's name is indicated thereon, it shall be presumed that the person so named is the author of the work until the contrary is proved. If the work is anonymous or pseudonymous, the publisher whose name appears on the work shall be entitled to protect the rights of the author. SEC. 36. The publisher of a copyright newspaper or other periodical shall, as the first owner of the general copyright in such work, have the right to sue for infringement of the copyright, including infringement of any copyrightable component part thereof, except where, under the provisions of section 13 hereof, such publisher and owner has acquired from the author only a license to print and publish his literary or other contribution.

SEC. 37. The orders, judgments, or decrees of any court mentioned in section 28 of this act arising under the copyright laws of the United States may be reviewed on appeal or writ of error in the manner and to the extent now provided by law for the review of cases determined in said courts respectively.

SEC. 38. Nothing in this act shall be construed to annul or limit the right of the author or the copyright owner of an unpublished work, at common law or in equity, to prevent the copying, publication, or use of such unpublished work without his consent, and to obtain damages therefor; nor to deprive the owner of the copyright in any work or the owner of any rights infringed of any remedy in law or equity external to the provisions of this act.

SEC. 39. Any person who willfully and for profit shall infringe the copyright in any work protected under the copyright laws of the United States, or who shall knowingly and willfully aid or abet such infringement, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment for not exceeding one year or by fine of not less than $100 nor more than $1,000, or both, in the discretion of the court: Provided, That no criminal proceedings shall be maintained under the provisions of this act unless the same is commenced within three years after the cause of action arose.

SEC. 40. The Supreme Court of the United States shall prescribe such rules and regulations as may be necessary for practice and procedure in any action, suit, or proceeding instituted for infringement under the provisions of this act.

PROHIBITION OF IMPORTATION

SEC. 41. The copyright in any work shall be deemed to be infringed by any person who knowingly imports for sale or hire or otherwise distributes in the United States copies of any piratical reprint of a work in which copyright subsists in the United States, and the importation into the United States of piratical copies of any work copyrighted in the United States, shall be, and is hereby, prohibited; and such prohibition of importation shall extend also to any authorized foreign reprint of an American author's work or of a work by an alien author domiciled or resident in the United States, whenever an agreement authorizing such reprint shall stipulate that copies of such reprint shall not be brought into the United States: Provided, That such agreement shall have been recorded in the copyright office at Washington, and that the owner of the United States copyright shall have notified in writing the Secretary of the Treasury and the Postmaster General that the importation of copies of such work is in contravention of such agreement: And provided further, That, except as regards piratical copies, such prohibition of importation shall not apply to any foreign newspaper or magazine although containing matter copyrighted in the United States when such matter is printed or reprinted by authority of the owner of the United States copyright, unless such newspaper or magazine contains also copyright matter printed or reprinted without such authorization.

SEC. 42. Any and all copies of works prohibited importation by this act which are brought into the United States from any foreign country (except in the mails) shall be seized and forfeited by like proceedings as those provided by law for the seizure and condemnation of property imported into the United States in violation of the customs revenue laws. Such articles when forfeited shall be destroyed in such manner as the Secretary of the Treasury or the court, as the case may be, shall direct: Provided, however, That all copies of authorized editions of copyright works imported in the mails or otherwise in violation of the provisions of this act may be reexported and returned to the country of export whenever it is shown

to the satisfaction of the Secretary of the Treasury, in a written application, that such importation does not involve willful negligence or fraud.

SEC. 43. The Secretary of the Treasury and the Postmaster General are hereby empowered and required to make and enforce such joint rules and regulations as shall prevent the importation into the United States in the mails of articles prohibited importation by this act, and may require notice to be given to the Treasury Department or Post Office Department, as the case may be, by copyright owners or injured parties, of the actual or contemplated importaion of articles prohibited importation by this act which infringe the rights of such copyright owners or injured parties.

SEC. 44. No notice of copyright shall be required on any work subject to copyright under this act and the omission of such notice from any work shall not be taken as evidence that no copyright is claimed therein; but if desired a notice of the reservation of the copyright or of any right included in the copyright in any work may be placed on any or all copies of such work by the owner of the copyright or the assignee or licensee of any special right pertaining to the copyright in the work; but any person who, with fraudulent intent, shall insert or impress any notice of copyright or words of the same purport in or upon any article in which copyright for the United States does not subsist shall be guilty of a misdemeanor, punishable by a fine of not less than $100 nor more than $1,000, and any person who shall knowingly issue or sell any article bearing such notice or words of the same purport when copyright in such article does not subsist in the United States shall be liable to a fine of $100.

DEPOSIT OF COPIES AND REGISTRATION OF COPYRIGHT

SEC. 45. The author of any work made the subject of copyright by this act or the owner of the copyright in such work may, if he so desires, obtain registration of a claim to copyright in such work the deposit in the copyright office at Washington of a suitable application which shall be accompanied by the registration fee provided by this act and one copy of the work in which copyright is claimed, or the identifying matter as below provided.

SEC. 46. The copy deposited for registration may either be printed, typewritten, or be in legible handwriting if the work is a book, a dramatic, musical, or dramatico-musical composition; the scenario of a motion picture; a lecture, sermon or address, or a choreographic work or a pantomime. For a photograph, there shall be deposited one print from the negative; for any work of the fine arts (drawing, painting, or sculpture) or for a model for a work of art, or a drawing or plastic work of a scientific or technical character, a photograph or other identifying reproduction; for a motion-picture, the title, description, and synopsis of it, with as many prints from each reel as will identify it; for an architectural work, a photographic or other identifying representation of such work and such drawings as are necessary to identify it: Provided, That in the case of a motion picture such deposit and registration shall only be made for a completed work: And provided further, That the deposit of records, rolls, or other contrivances by means of which sounds may be mechanically reproduced, shall not be required; but the application for registration of a claim of copyright in any such record, roll, or other contrivance shall describe the music which has been actually recorded and shall clearly differentiate and identify the particular rendition and its performer, and shall state the date when such record, roll, or other contrivance was first sold, offered for sale, or otherwise publicly distributed.

SEC. 47. The register of copyrights upon receipt of such application and such required copy or identifying matter shall make suitable record of the copyright claim and shall then return the copy or identifying matter received to the person indicated in the application, with a certificate attached, under the seal of the copyright office.

SEC. 48. In the case of any work in which copyright is claimed, whether published or unpublished, a copy of which by reason of its character, bulk, or fragility, or because of dangerous ingredients, can not expediently be filed, the register of copyrights may determine that there shall be deposited with the application for registration, in lieu of a copy of such work, such identifying photographs or prints, together with such written, typewritten, or printed description of the work as he shall find sufficient to identify it.

SEC. 49. Whenever any literary, dramatic, musical, or artistic work has been published it shall be obligatory, except as below provided, to make a deposit in the copyright office promptly after the date of publication of two complete copies of the best edition thereof then published, not as a condition for securing copy

right but for the use of the Library of Congress. Registration for such work may be secured if such copies are accompanied by a suitable application: Provided, however, That no copies of a complete motion-picture film shall be required to be deposited: And provided further, That the deposit of copies required by this Act shall not be obligatory in case of any work whose author is a citizen or subject of a foreign country which is a member of the International Copyright Union or any work which is protected by copyright in the United States inder this act by reason of first publication in any country which is a member of the said union, unless and until such work, if it be a book, shall have been republished in the United States under an assignment of the copyright for the United States or under a license to print and sell such book in the United States.

SEC. 50. That of newspapers or other periodicals in which copyright is claimed, one copy of each issue shall be deposited promptly after the date of publication, and may be registered upon receipt of a suitable application and the registration fee, and such deposit and registration shall suffice for all of the copyrightable component parts of the periodical and shall be held sufficient in the case of actions or proceedings for the infringement of the copyright of any of the copyrightable contents of the said periodical, as provided in section 36 of this act.

SEC. 51. Should the copies of the published work called for by section 49 of this act not be promptly deposited as herein provided, the Librarian of Congress may at any time after the date of the publication of the work, upon actual notice, require the owner of the copyright to deposit it, and after the said demand shall have been made, in default of the deposit of copies of the work in the Library of Congress within three months from any part of the United States, except an outlying Territorial possession of the United States, or within six months from any outlying Territorial possession of the United States, the owner of the copyright shall be liable to a fine of $100 and to pay to the Library of Congress twice the amount of the retail price of the best edition of the work.

SEC. 52. The postmaster to whom are delivered the articles deposited as provided in this act shall, if requested, give a receipt therefor and shall mail them to their destination without cost to the copyright claimant.

SEC. 53. In the interpretation and construction of this act "the date of publication" shall in the case of a work of which copies are reproduced for sale or public distribution be held to be the earliest date when copies of the first authorized edition were placed on sale, sold, or publicly distributed by the owner of the copyright or under his authority, and the performance of a dramatic, musical, or dramatico-musical work, the delivery of a lecture, sermon, or address, the exhibition of a motion picture, or of a work of art, and the construction of an architectural work or the issue of photographs or other reproductions of such work shall not be held to be publication.

SEC. 54. In the case of each work registered for copyright the person recorded as the owner of the copyright shall be entitled to a certificate of registration under the seal of the copyright office, to contain the name and address of said owner, the name of the country of which the author of the work is a citizen or subject, and when an alien author domiciled or residing in the United States at the time of the making or first publication or first public performance of his work, then a statement of that fact, including his place of domicile or residence; the title of the work which is registered for which copyright is claimed; the name of the author (when the records of the copyright office show the same); the date of the deposit of the copy or copies of such work; the date of publication or performance if the work has been reproduced in copies for sale or publicly distributed or performed; and such marks as to class designation and entry number as shall fully identify the entry. The register of copyrights shall prepare a printed form for the said certificate, to be filled out as above provided for in the case of all registration made after this act goes into effect, which certificate, sealed with the seal of the copyright office, shall, upon payment of the prescribed fee, be given to any person making application for the same, and a similar certificate shall be supplied on request in the case of all previous registration so far as the copyright office record books shall show such facts. In addition to such certificate the register of copyrights shall furnish, upon request, without additional fee, a receipt for the copy or copies of any work deposited under this or previous acts of the United States. Said certificate and receipt shall be admitted in any court as prima facie evidence of the facts stated therein.

SEC. 55. The register of copyright shall fully index all copyright registrations and all assignments, grants, licenses, or mortgages recorded and shall print at periodic intervals a catalogue of the titles of articles deposited and registered for copyright, together with suitable indexes, and at stated intervals shall print com

plete and indexed catalogues for each class of copyright entries. The current catalogues of copyright entries and the index volumes herein provided for shall be admitted in any court as prima facie evidence of the facts stated therein as regards any copyright registration. Both the current catalogues and the complete and indexed catalogues for each class of copyright entries shall be furnished to all persons desiring them at reasonable prices.

SEC. 56. The record books of the copyright office, together with the indexes to such record books, and all works deposited and retained in the copyright office, shall be open to public inspection, and copies may be taken of the copyright entries actually made in such record books, subject to such safeguards and regulations as shall be prescribed by the register of copyrights and approved by the Librarian of Congress.

SEC. 57. That of the articles deposited in the copyright office under the provisions of the previous copyright laws of the United States or of this act the Librarian of Congress shall determine what books and other articles shall be transferred to the permanent collections of the Library of Congress, including the law library, and what other books or articles shall be placed in the reserve collections of the Library of Congress for sale or exchange, or be transferred to other governmental libraries in the District of Columbia for use therein.

SEC. 58. That of any articles undisposed of as above provided, together with all titles and correspondence relating thereto, the Librarian of Congress and the register of copyrights jointly shall, at suitable intervals, determine what of these received during any period of years it is desirable or useful to preserve in the permanent files of the copyright office, and, after due notice as hereinafter provided, may within their discretion cause the remaining articles and other things to be destroyed: Provided, That there shall be printed in the Catalogue of Copyright Entries from January to November, inclusive, a statement of the year of receipt of such articles and a notice to permit any author, copyright owner, or other lawful claimant to claim and remove before the expiration of the month of December of that year any thing found which relates to any of his productions deposited or registered for copyright within the period of years not reserved or disposed of as provided for in this act: And provided further, That no manuscript of an unpublished work deposited prior to the date upon which this act went into effect shall be destroyed during its term of copyright without specific notice to the copyright owner of record, permitting him to claim and remove it.

COPYRIGHT OFFICE

SEC. 59. All records and other things relating to copyrights required by law to be preserved shall be kept and preserved in the copyright office, Library of Congress, Washington, District of Columbia, and shall be under the control of the register of copyrights, who shall, under the supervision and approval of the Librarian of Congress, perform all the duties relating to the registration of copyrights and shall be authorized to make rules and regulations for the registration of claims to copyright as provided by this act and to prescribe the form of application for such registration.

SEC. 60. There shall be appointed by the Librarian of Congress a register of copyrights, at a salary of $ per annum, and one assistant register of copyrights, at a salary of $ per annum, who shall have authority during the absence of the register of copyrights to attach the copyright office seal to all papers issued from the said office and to sign such certificates and other papers as may be necessary. There shall also be appointed by the librarian such subordinate assistants to the register as may from time to time be authorized by law. SEC 61. The register of copyright shall make daily deposits with the Treasurer of the United States of all moneys received to be applied as copyright fees, and shall make weekly transfers to the Treasurer of the United States, in such manner as the latter shall direct, of all copyright fees actually applied under the provisions of this act, and annual deposits of sums received which it has not been possible to apply as copyright fees or to return to the remitters; and he shall make monthly reports to the Comptroller General of the United States and to the Librarian of Congress of the applied copyright fees for each calendar month, together with a statement of all remittances received, trust funds on hand, moneys refunded, and unapplied balances.

SEC. 62. The register of copyrights shall give bond to the United States inthe sum of $20,000, in form to be approved by the Solicitor of the Treasury and with sureties satisfactory to the Secretary of the Tresury, for the faithful discharge of his duties.

SEC. 63. The register of copyrights shall make an annual report to the Librarian of Congress of all copyright business for the previous fiscal year, which report shall be printed promptly after the close of the fiscal year and also be printed in the annual report on the Library of Congress.

SEC. 64. The register of copyrights shall provide and keep such record books in the copyright office as are required to carry out the provisions of this act, and whenever application has been made to the copyright office for registration of copyright in compliance with the provisions of this act he shall make such registration.

SEC. 65. The register of copyrights shall, upon payment of the prescribed fee, record any assignment of copyright, or any grant, license, or mortgage of any right pertaining to the copyright in any work protected under this act or any previous Acts of the United States, and shall return it after recordation to the sender with a certificate of record attached under seal of the copyright office. and upon the payment of the fee prescribed by this act he shall furnish to any person requesting the same a certified copy thereof under said seal.

SEC. 66. The register of copyrights shall receive, and the persons to whom the services designated are rendered shall pay, the following fees: For the registration of any work subject to copyright under the provisions of this act, $1, which sum is to include a certificate of registration under seal: Provided, That in the case of photographs the fee shall be 50 cents where a certificate is not demanded, and only one registration at one fee shall be required in the case of several volumes of the same book deposited at the same time. For every additional certificate of registration made, 50 cents. For recording and certifying any instrument of writing for the assignment, grant, or mortgage of copyright, or any such license. specified in section 15 of this act, or for any copy of such assignment, grant, mortgage, or license, duly certified, if not over three hundred words in length, $1; if more than three hundred and less than one thousand words in length, $2; if more than one thousand words in length, $1 additional for each additional one thousand words or fraction thereof over three hundred words. For comparing any copy of an assignment with the record of such document in the copyright office and certifying the same under seal, $1. For indexing the transfer of the ownership of copyrighted articles, 10 cents for each title of a book or other article, in addition to the fee prescribed for recording the instrument of assignment. For any requested search of copyright office records, indexes, or deposits, 50 cents for each full hour of time consumed in making such search.

SEC. 67. A seal shall be provided and be used in the copyright office and be the seal thereof, and by it all papers issued from the copyright office requiring authentication shall be authenticated.

ENTRY OF THE UNITED STATES INTO THE INTERNATIONAL COPYRIGHT UNION

SEC. 68. The President of the United States be, and is hereby, authorized to effect and proclaim the adhesion of the United States to the convention creating an international union for the protection of literary and artistic works, known also as the International Copyright Union, signed at Berne, Switzerland, September 9, 1886, and revised at Berlin, Germany, November 13, 1908, and to the "additional protocol" to the said convention executed at Berne, Switzerland March, 20, 1914.

SEC. 69. It is hereby declared that the United States desires to be placed in the first class of the countries which are members of the International Copyright Union, as provided in article 23 of the said convention of 1908.

SEC. 70. On and after the date of the President's proclamation, as provided in section 68 of this act, foreign authors not domiciled in the United States who are citizens or subjects of any country (other than the United States) which is a member of the said International Copyright Union, or authors whose works are first published in and enjoy copyright protection in any country which is a member of the said union, shall have within the United States the same rights and remedies in regard to their works which citizens of the United States possess under this act and for the period of copyright prescribed by this act: Provided, however, That no right or remedy given pursuant to this act shall prejudice lawful acts done or rights in copies lawfully made or the continuance of enterprises lawfully undertaken within the United States prior to the date of said proclamation, and such foreign author shall not be entitled to restrain any person who has, prior to such date, taken any action in connection with the reproduction or performance (in a manner which at the time was not unlawful) of any work by such foreign author whereby he has incurred any substantial