ite work when such contribution has been separately regRenewal term, istered, the author of such work, if still living, or the thor, widow, chil- widow, widower, or children of the author, if the author 28 years; to au dren, heirs, next of kin. ог newal term is de sired. in 28 years unless renewed. Extension subsisting copyrights. 15 be not living, or if such author, widow, widower, or children be not living, then the author's executors, or in the 5 absence of a will, his next of kin shall be entitled to a renewal and extension of the copyright in such work for Notice that re- a further term of twenty-eight years when application for such renewal and extension shall have been made to the copyright office and duly registered therein within 10 one year prior to the expiration of the original term of Copyright ends copyright: And provided further, That in default of the registration of such application for renewal and extension, the copyright in any work shall determine at the expiration of twenty-eight years from first publication. of SEC. 24. That the copyright subsisting in any work at the time when this Act goes into effect may, at the expiration of the term provided for under existing law, be renewed and extended by the author of such work if still living, or the widow, widower, or children of the author, 20 if the author be not living, or if such author, widow, widower, or children be not living, then by the author's executors, or in the absence of a will, his next of kin, for a further period such that the entire term shall be equal to that secured by this Act, including the renewal 25 titled to renewal period: Provided, however, That if the work be a comcomposite posite work upon which copyright was originally secured by the proprietor thereof, then such proprietor shall be entitled to the privilege of renewal and extension granted Renewal appli- under this section: Provided, That application for such 30 renewal and extension shall be made to the copyright office and duly registered therein within one year prior to the expiration of the existing term. for Proprietor en work. cation. Infringement of copyright. Injunction. SEC. 25. That if any person shall infringe the copyright in any work protected under the copyright laws of the 35 United States such person shall be liable: (a) To an injunction restraining such infringement; (b) To pay to the copyright proprietor such damages as the copyright proprietor may have suffered due to the infringement, as well as all the profits which the infringer 40 shall have made from such infringement, and in proving Proving sales. 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, or in lieu of actual damages and profits such damages as to the court shall appear to 45 Newspaper re of photograph; re be just, and in assessing such damages the court may, in its discretion, allow the amounts as hereinafter stated, but in1 case of a newspaper reproduction of a copy-production righted photograph such damages shall not exceed the covery, $50-$200. 5 sum of two hundred dollars nor be less than the sum of fifty dollars, and in the case of the infringement moment of an undramatized or nondramatic work by means of Indramatize d motion pictures, where the infringer shall show that he was or non-dramatic not aware that he was infringing, and that such infringe- damages, $100. 10 ment could not have been reasonably foreseen, such damages Infringement work, maximum shall not exceed the sum of one hundred dollars; and in the case of an infringement of a copyrighted dramatic or dramatico-musical work by a maker of motion pictures and Dramatic work, his agencies for distribution thereof to exhibitors, where such ages, $5,000. 15 infringer shows that he was not aware that he was infringing a copyrighted work, and that such infringements could not reasonably have been foreseen, the entire sum of such damages recoverable by the copyright proprietor from such infringing maker and his agencies for the distribution to 20 exhibitors of such infringing motion picture shall not exceed the sum of five thousand dollars nor be less than two hundred and fifty dollars, and such damages shall in no other case exceed the sum of five thousand dollars nor be less than the sum of two hundred and fifty dollars, and shall not 25 be regarded as a penalty. But the foregoing exceptions shall not deprive the copyright proprietor of any other remedy given him under this law, nor shall the limitation as to the amount of recovery apply to infringements occurring after the actual notice to a defendant, either by service of process in a suit or other written notice served upon him.? 30 35 40 maximum dam Maximum recovery, $5,000. Minimum covery, $250. re Painting, infringing copy. First. In the case of a painting, statue, or sculp- statue, or sculp ture, ten dollars for every infringing copy made or ture, $10 for every 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 five of this Act, except a painting, statue, or sculpture, one dollar for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees; Third. In the case of a lecture, sermon, or address, fifty dollars for every infringing delivery; Other works, $1 ing copy. for every infring Lectures, $50 for every infringing delivery. 1 The word "the" before the words "case of a newspaper reproduction," etc., was struck out by the amendatory Act of August 24, 1912. 2 The words printed in italics indicate the amendments authorized by the amendatory Act of August 24, 1912, printed in full on pages 29-32. 61774°-16-3 or Dramatic musical works, $100 for first and $50 for subsequent infringing performance. Other musical compositions, $10 for every infringing performance. Delivering up infringing arti cles. infringing copies, etc. Fourth. In the case of a dramatic or dramaticomusical or a choral or orchestral composition, one hundred dollars for the first and fifty dollars for every subsequent infringing performance; in the case of other musical compositions, ten dollars for 5 every infringing performance; (c) 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; Destruction of (d) To deliver up on oath for destruction all the infringing copies or devices, as well as all plates, molds, matrices, or other means for making such infringing copies as the court may order; by mechanical musical ments. 10 Infringement (e) Whenever the owner of a musical copyright has 15 instru- used or permitted the use of the copyrighted work upon the parts of musical instruments serving to reproduce mechanically the musical work, then in case of infringement of such copyright by the unauthorized manufacture, use, or sale of interchangeable parts, such as disks, 20 rolls, bands, or cylinders for use in mechanical musicproducing machines adapted to reproduce the copyrighted music, no criminal action shall be brought, but in a civil Injunction may action an injunction may be granted upon such terms be granted. Recovery royalty. tion to use. as the court may impose, and the plaintiff shall be entitled 25 of to recover in lieu of profits and damages a royalty as provided in section one, subsection (e), of this Act: Provided also, That whenever any person, in the absence of a license agreement, intends to use a copyrighted musical composition upon the parts of instruments serving to reproduce 30 mechanically the musical work, relying upon the comNotice to pro-pulsory license provision of this Act, he shall serve notice prietor of inten- of such intention, by registered mail, upon the copyright proprietor at his last address disclosed by the records of the copyright office, sending to the copyright office a 35 duplicate of such notice; and in case of his failure so to do the court may, in its discretion, in addition to sums Damages, three hereinabove mentioned, award the complainant a further sum, not to exceed three times the amount provided by section one, subsection (e), by way of damages, and not as 40 Temporary in- a penalty, and also a temporary injunction until the full award is paid. times a mount provided. junction. Rules and regulations for practice and procedure under this section shall be prescribed by the Supreme Court of the United States. 45 forcing remedies. SEC. 26. That any court given jurisdiction under sec-, Judgment ention thirty-four of this Act may proceed in any action, suit, or proceeding instituted for violation of any provision hereof to enter a judgment or decree enforcing the 5 remedies herein provided. 10 junction,etc., may action. SEC. 27. That the proceedings for an injunction, dam-, Proceedings, inages, and profits, and those for the seizure of infringing be united in one copies, plates, molds, matrices, and so forth, aforementioned, may be united in one action. SEC. 28. That any person who willfully and for profit Penalty for willshall infringe any copyright secured by this Act, 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 15 not exceeding one year or by a fine of not less than one hundred dollars nor more than one thousand dollars, or both, in the discretion of the court: Provided, however, That nothing in this Act shall be so construed as to pre-tatas, etc., may vent the performance of religious or secular works, such be performed. 20 as oratorios, cantatas, masses, or octavo choruses by pub lic schools, church choirs, or vocal societies, rented, borrowed, or obtained from some public library, public school, church choir, school choir, or vocal society, provided the performance is given for charitable or educa25 tional purposes and not for profit. Oratorios, can moval of notice, or importing arti 'notice; fine $100. SEC. 29. That any person who, with fraudulent intent, False notice of shall insert or impress any notice of copyright required alty for). by this Act, or words of the same purport, in or upon any uncopyrighted article, or with fraudulent intent shall Fraudulent re30 remove or alter the copyright notice upon any article duly fine, $100-$1,000. copyrighted shall be guilty of a misdemeanor, punishable Issuing, selling, by a fine of not less than one hundred dollars and not cle bearing false more than one thousand dollars. Any person who shall knowingly issue or sell any article bearing a notice of 35 United States copyright which has not been copyrighted in this country, or who shall knowingly import any article bearing such notice or words of the same purport, which has not been copyrighted in this country, shall be liable to a fine of one hundred dollars. 40 Importation notice and pirat SEC. 30. That the importation into the United States prohibited of artiof any article bearing a false notice of copyright when cles bearing false there is no existing copyright thereon in the United ical copies. States, or of any piratical copies of any work copyrighted in the United States, is prohibited. Prohibition of SEC. 31. That during the existence of the American. importation books. of copyright in any book the importation into the United States of any piratical copies thereof or of any copies thereof (although authorized by the author or proprietor) which have not been produced in accordance with 5 the manufacturing provisions specified in section fifteen of this Act, or any plates of the same not made from type set within the limits of the United States, or any copies thereof produced by lithographic or photo-engraving process not performed within the limits of the United 10 States, in accordance with the provisions of section. fifteen of this Act, shall be, and is hereby, prohibited: Exceptions to Provided, however, That, except as regards piratical copies, such prohibition shall not apply: prohibition of importation: Works for the (a) To works in raised characters for the use of the 15 blind. Foreign newspapers or magazines. Books in for blind; (b) To a foreign newspaper or magazine, although containing matter copyrighted in the United States printed or reprinted by authority of the copyright proprietor, unless such newspaper or magazine contains also 20 copyright matter printed or reprinted without such authorization: (c) To the authorized edition of a book in a foreign which only trans-language or languages of which only a translation into English has been copyrighted in this country; eign languages of lations are righted. Importation of mitted. authorized for- (d) To any book published abroad with the authorizaeign books per- tion of the author or copyright proprietor when imported under the circumstances stated in one of the four subdivisions following, that is to say: For individual use and not for sale. For the use of the United States. For the use of societies, libraries, etc. 25 First. When imported, not more than one copy 30 at one time, for individual use and not for sale; but such privilege of importation shall not extend to a foreign reprint of a book by an American author copyrighted in the United States; Second. When imported by the authority or for 35 the use of the United States; Third. When imported, for use and not for sale, not more than one copy of any such book in any one invoice, in good faith, by or for any society or institution incorporated for educational, literary, 40 philosophical, scientific, or religious purposes, or for the encouragement of the fine arts, or for any college, academy, school, or seminary of learning, or for any State, school, college, university, or free public library in the United States; 45 |