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chased en bloc.

Fourth. When such books form parts of libraries Libraries puror collections purchased en bloc for the use of societies, institutions, or libraries designated in the foregoing paragraph, or form parts of the libraries Books brought or personal baggage belonging to persons or fami- th States. lies arriving from foreign countries and are not intended for sale:

personally into United

not to be used to

Provided, That copies imported as above may Imported copies
not lawfully be used in any way to violate the violate copyright.
rights of the proprietor of the American copyright
or annul or limit the copyright protection secured

by this Act, and such unlawful use shall be deemed
an infringement of copyright.

lawfully imported

SEC. 32. That any and all articles prohibited importa-Seizure of und 15 tion by this Act which are brought into the United States copies. 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 cus20 toms 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 copy-thorized right books imported in the mails or otherwise in viola-imported may be 25 tion of the provisions of this Act may be exported and

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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.

Copies of au

returned.

Secretar y

books

of

Postmaster-G e n

SEC. 33. That the Secretary of the Treasury and the Treasury and Postmaster-General are hereby empowered and required eral to make rules to make and enforce such joint rules and regulations as to prevent unlawshall prevent the importation into the United States in the mails of articles prohibited importation by this Act, 35 and may require notice to be given to the Treasury Department or Post-Office Department, as the case may be, by copyright proprietors or injured parties, of the actual or contemplated importation of articles prohibited importation by this Act, and which infringe the rights of 40 such copyright proprietors or injured parties.

courts in copy

SEC. 34. That all actions, suits, or proceedings arising Jurisdiction of under the copyright laws of the United States shall be right cases. originally cognizable by the circuit courts of the United States, the district court of any Territory, the supreme 45 court of the District of Columbia, the district courts of

which suit may be brought.

Alaska, Hawaii, and Porto Rico, and the courts of first instance of the Philippine Islands.

District in SEC. 35. That 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.

Injunctions may be granted.

Certified copy of papers filed.

Judgments, etc., may be reviewed

of error.

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SEC. 36. That 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 10 the course and principles of courts of equity, on such terms as said court or judge may deem reasonable. Any injunction that may be granted restraining and enjoining the doing of anything forbidden by this Act may be served on the parties against whom such injunction may 15 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 other court or judge possessing jurisdiction of the defendants.

SEC. 37. That 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.

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SEC. 38. That the orders, judgments, or decrees of any on appeal or writ court mentioned in section thirty-four 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 30 determined in said courts, respectively.

Νο criminal proceedings shall

SEC. 39. That no criminal proceeding shall be mainbe maintained af- tained under the provisions of this Act unless the same is ter three years. commenced within three years after the cause of action

Full costs shall be allowed.

Copyright distinct from prop

object.

arose.

SEC. 40. That 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. 41. That the copyright is distinct from the property in material erty 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,

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copy of copy

nor shall the assignment of the copyright constitute a transfer of the title to the material object; but nothing in Transfer of any this Act shall be deemed to forbid, prevent, or restrict righted work perthe transfer of any copy of a copyrighted work the 5 possession of which has been lawfully obtained.

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mitted.

Copyright may

gaged, or

be

SEC. 42. That copyright secured under this or previous be assigned, mortActs of the United States may be assigned, granted, or queathed by will. mortgaged by an instrument in writing signed by the proprietor of the copyright, or may be bequeathed by will.

ecuted in foreign

knowledged.

SEC. 43. That every assignment of copyright executed Assignment exin a foreign country shall be acknowledged by the as-country to be acsignor before a consular officer or secretary of legation of the United States authorized by law to administer oaths or perform notarial acts. The certificate of such ac15 knowledgment under the hand and official seal of such consular officer or secretary of legation shall be prima facie evidence of the execution of the instrument.

be recorded.

SEC. 44. That every assignment of copyright shall be Assignments to recorded in the copyright office within three calendar 20 months after its execution in the United States or within

six calendar months after its execution without the limits of the United States, in default of which it shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, whose assignment 25 has been duly recorded.

Register of copy

SEC. 45. That the register of copyrights shall, upon rights to record payment of the prescribed fee, record such assignment, assignments. and 'shall return it to the sender with a certificate of record attached under seal of the copyright office, and 30 upon the payment of the fee prescribed by this Act he shall furnish to any person requesting the same a certified copy thereof under the said seal.

may be substistuted in copyright notice.

SEC. 46. That when an assignment of the copyright in Assignee's name a specified book or other work has been recorded the as35 signee may substitute his name for that of the assignor in the statutory notice of copyright prescribed by this Act. SEC. 47. That all records and other things relating to Copyright reccopyrights required by law to be preserved shall be kept and preserved in the copyright office, Library of Con40 gress, District of Columbia, and shall be under the control of the register of copyrights, who shall, under the direction and supervision of the Librarian of Congress, perform all the duties relating to the registration of copyrights.

Register of copy

rights and assist

copyrights.

SEC. 48. That there shall be appointed by the Librarian ant register of of Congress a register of copyrights, at a salary of four thousand dollars per annum, and one assistant register of copyrights, at a salary of three thousand dollars per annum, who shall have authority during the absence of 5 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 10 time be authorized by law.

Register of copyrights to deposit

fees.

SEC. 49. That the register of copyrights shall make and account for daily deposits in some bank in the District of Columbia, designated for this purpose by the Secretary of the Treasury as a national depository, of all moneys received to 15 be applied as copyright fees, and shall make weekly deposits with the Secretary of the Treasury 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 20 to apply as copyright fees or to return to the remitters, Shall make and shall also make monthly reports to the Secretary of the Treasury 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 25 on hand, moneys refunded, and unpaid balances.

monthly report of

fees.

Bond of register of copyrights.

Annual report of register of copyrights.

right office.

SEC. 50. That the register of copyrights shall give bond to the United States in the sum of twenty thousand dollars, in form to be approved by the Solicitor of the Treasury and with sureties satisfactory to the Secretary 30 of the Treasury, for the faithful discharge of his duties.

SEC. 51. That the register of copyrights shall make an annual report to the Librarian of Congress, to be printed in the annual report on the Library of Congress, of all copyright business for the previous fiscal year, including 35 the number and kind of works which have been deposited in the copyright office during the fiscal year, under the provisions of this Act.

Seal of copy- SEC. 52. That the seal provided under the Act of July eighth, eighteen. hundred and seventy, and at present 40 used in the copyright office, shall continue to be the seal thereof, and by it all papers issued from the copyright office requiring authentication shall be authenticated.

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SEC. 53. That, subject to the approval of the Librarian of Congress, the register of copyrights shall be authorized 45

printed

rules, see page 54.

to make rules and regulations for the registration of For claims to copyright as provided by this Act.

Record books.

right.

SEC. 54. That the register of copyrights shall provide and keep such record books in the copyright office as are 5 required to carry out the provisions of this Act, and Entry of copywhenever deposit has been made in the copyright office of a copy of any work under the provisions of this Act he shall make entry thereof.

Certificate of

author.

SEC. 55. That in the case of each entry the person re-registration. 10 corded as the claimant of the copyright shall be entitled to a certificate of registration under seal of the copyright office, to contain the name and address of said claimant, the name of the country of which the author of the work Nationality of is a citizen or subject, and when an alien author domiciled 15 in the United States at the time of said registration, then a statement of that fact, including his place of domicile, the name of the author (when the records of the copyright office shall show the same), the title of the work which is registered for which copyright is claimed, the date of the deposit of 20 the copies of such work, the date of publication if the work has been reproduced in copies for sale, or publicly distributed, and such marks as to class designation and entry number as shall fully identify the entry. In the case of a book to state rebook the certificate shall also state the receipt of the affi- ceipt of affidavit. 25 davit, as provided by section sixteen of this Act, and the

Certificate

for

date of the completion of the printing, or the date of the publication of the book, as stated in the said affidavit. The register of copyrights shall prepare a printed form for the said certificate, to be filled out in each case as 30 above provided for in the case of all registrations made after this Act goes into effect, and in the case of all previous registrations so far as the copyright office record books shall show such facts, which certificate, sealed with the seal of the copyright office, shall, upon payment of the 35 prescribed fee, be given to any person making application Certificate may for the same. Said certificate shall be admitted in any court as prima facie evidence of the facts stated therein. In addition to such certificate the register of copyrights Receipt for shall furnish, upon request, without additional fee, a re40 ceipt for the copies of the work deposited to complete the registration.

be given to any

person."

copies deposited.

right registra

SEC. 56. That the register of copyrights shall fully Index to copyindex all copyright registrations and assignments and tions. shall print at periodic intervals a catalogue of the titles Catalogue 45 of articles deposited and registered for copyright, together

of

copyright entries.

1 The words printed in italics indicate the amendments authorized by the amendatory Act of March 2, 1913, printed in full on pages 32-33.

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