cards. with suitable indexes, and at stated intervals shall print complete and indexed catalogues for each class of copyright entries, and may thereupon, if expedient, destroy Catalogue the original manuscript catalogue cards containing the titles included in such printed volumes and representing 5 the entries made during such intervals. The current cataCatalogues and logues of copyright entries and the index volumes herein cie evidence. provided for shall be admitted in any court as prima facie evidence of the facts stated therein as regards any copyright registration. indexes prima fa Distribution of catalogue of copyright entries. price. 10 SEC. 57. That the said printed current catalogues as they are issued shall be promptly distributed by the copyright office to the collectors of customs of the United States and to the postmasters of all exchange offices of receipt of foreign mails, in accordance with revised lists 15 of such collectors of customs and postmasters prepared by the Secretary of the Treasury and the PostmasterSubscription General, and they shall also be furnished to all parties desiring them at a price to be determined by the register of copyrights, not exceeding five dollars per annum for 20 the complete catalogue of copyright entries and not exceeding one dollar per annum for the catalogues issued during the year for any one class of subjects. The consolidated catalogues and indexes shall also be supplied to all persons ordering them at such prices as may be de- 25 termined to be reasonable, and all subscriptions for the Superintendent catalogues shall be received by the Superintendent of receive subscrip- Public Documents, who shall forward the said publications; and the moneys thus received shall be paid into the Treasury of the United States and accounted for under 30 such laws and Treasury regulations as shall be in force at the time. of documents to tions. Record books, etc., open to inspection. SEC. 58. That 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 35 Copies may be 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. taken of entries in record books. Disposition of copyright depos its. 40 SEC. 59. That of the articles deposited in the copyright office under the provisions of the 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 45 of Congress, including the law library, and what other books or articles shall be placed in the reserve collections copyright depos of the Library of Congress for sale or exchange, or be Preservation of transferred to other governmental libraries in the Dis-its. trict of Columbia for use therein. copyright depos SEC. 60. That of any articles undisposed of as above Disposal of 5 provided, together with all titles and correspondence re-its. lating 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 10 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 February to November, inclusive, a 15 statement of the years of receipt of such articles and a notice to permit any author, copyright proprietor, or other lawful claimant to claim and remove before the expiration of the month of December of that year anything found which relates to any of his productions de20 posited or registered for copyright within the period of years stated, not reserved or disposed of as provided for in this Act: And provided further, That no manuscript Manuscript of an unpublished work shall be destroyed during its served. term of copyright without specific notice to the copyright 25 proprietor of record, permitting him to claim and remove it. copies to be pre SEC. 61. That the register of copyrights shall receive, Fees. and the persons to whom the services designated are rendered shall pay, the following fees: For the registration Fee for registra30 of any work subject to copyright, deposited under the provisions of this Act, one dollar, which sum is to include tion. cate. ing assignment. assignment. a certificate of registration under seal: Provided, That Fee for certfiin the case of photographs the fee shall be fifty cents where a certificate is not demanded. For every addi35 tional certificate of registration made, fifty cents. For re- Fee for recordcording and certifying any instrument of writing for the assignment of copyright, or any such license specified in section one, subsection (e), or for any copy of such assign- Fee for copy of ment or license, duly certified, if not over three hundred 40 words in length, one dollar; if more than three hundred and less than one thousand words in length, two dollars; if more than one thousand words in length, one dollar additional for each one thousand words or fraction thereof over three hundred words. For recording the notice of Fee for record45 user or acquiescence specified in section one, subsection upon mechanical (e), twenty-five cents for each notice if not over fifty ments. words, and an additional twenty-five cents for each addi ing notice of user musical instru ing renewal of ing transfer of Fee for compar- tional one hundred words. For comparing any copy of ing copy of assignment. an assignment with the record of such document in the copyright office and certifying the same under seal, one Fee for record-dollar. For recording the extension or renewal of copycopyright. right provided for in sections twenty-three and twenty- 5 Fee for record-four of this Act, fifty cents. For recording the transfer proprietorship. of the proprietorship of copyrighted articles, ten cents for each title of a book or other article, in addition to the fee prescribed for recording the instrument of assignFee for search. ment. For any requested search of copyright office rec-10 ords, indexes, or deposits, fifty cents for each full hour Only one regis- of time consumed in making such search: Provided, That for work in sev-only one registration at one fee shall be required in the case of several volumes of the same book deposited at the same time. tration required eral volumes. Definitions: "Date of publication." "Author." 15 SEC. 62. That 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 distribution be held to be the earliest date when copies of the first authorized edition were placed on sale, sold, or publicly 20 distributed by the proprietor of the copyright or under his authority, and the word "author" shall include an employer in the case of works made for hire. Repealing SEC. 63. That all laws or parts of laws in conflict with the provisions of this Act are hereby repealed, but nothing 25 in this Act shall affect causes of action for infringement of copyright heretofore committed now pending in courts of the United States, or which may hereafter be instituted; but such causes shall be prosecuted to a conclusion in the manner heretofore provided by law. clause. Date of enforcement. SEC. 64. That this Act shall go into effect on the first day of July, nineteen hundred and nine. Approved, March 4, 1909. 30 NOTE TO SECTION 18, PROVISO. (See page 14: 20.) The Act of June 18, 1874, provides that the notice of copyright to be inscribed on each copy of a copyrighted work shall consist of the following words: 35 "Entered according to Act of Congress, in the year -, by A. B., in the office of the Librarian of Congress, 40 at Washington"; or, . . . the word "Copyright," together with the year the copyright was entered, and the name of the party by whom it was taken out, thus: 'Copyright, 18-, by A. B.” 66 ACTS AMENDATORY OF THE COPYRIGHT ACT, APPROVED MARCH 4, 1909. [NOTE.-The new matter in these amendatory Acts is printed in italics.] AN ACT To amend sections five, eleven, and twenty-five of an Act entitled "An Act to amend and consolidate the Acts respecting copyright," approved March fourth, nineteen hundred and nine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections five, eleven, and twenty-five of the Act entitled "An Act to amend and consolidate the Acts respecting copyright," approved March fourth, nineteen hundred and nine, be amended to read as follows: copyright works. "SEC. 5. That the application for registration shall Classification of specify to which of the following classes the work in which copyright is claimed belongs: Books, composworks; dírectories, gazetteers, etc. (a) Books, including composite and cyclopedic works, ite, cyclopedic directories, gazetteers, and other compilations; "(b) Periodicals, including newspapers; "(c) Lectures, sermons, addresses (prepared for oral delivery); "(d) Dramatic or dramatico-musical compositions; "(e) Musical compositions; "(f) Maps; (g) Works of art; models or designs for works of art; "(h) Reproductions of a work of art; "(i) Drawings or plastic works of a scientific or tech Motion-picture photoplays; motion pictures not photoplays. does not limit copyright. "(m) Motion pictures other than photoplays: "Provided, nevertheless, That the above specifications Classification shall not be held to limit the subject matter of copyright as defined in section four of this Act, nor shall any error in classification invalidate or impair the copyright protection secured under this Act." Copyright prolished works: lec tection of unpub "SEC. 11. That copyright may also be had of the works of an author, of which copies are not reproduced for sale, by the deposit, with claim of copyright, of one com- music, etc. tures, dramas, plete copy of such work if it be a lecture or similar production or a dramatic, musical, or dramatico-musical composition; of a title and description, with one print taken from each scene or act, if the work be a motion-picture photoplay; of a photographic print if the work be a photograph; of a title and description, with not less than two prints taken from different sections of a complete motion picture, if the work be a motion picture other than a photoplay; or of a photograph or other identifying reproduction thereof, if it be a work of art or a plastic work or Deposit of cop drawing. But the privilege of registration of copyright secured hereunder shall not exempt the copyright proprietor from the deposit of copies, under sections twelve and thirteen of this Act, where the work is later reproduced in copies for sale." ies after publication. Infringement of copyright. Injunction. production of covery, $50-$200. "SEC. 25. That 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 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 shall have made from such infringement, and Proving sales. 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, or 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 as hereNewspaper reinafter stated, but in case of a newspaper reproduction photograph; re- of a copyrighted photograph such damages shall not exceed the sum of two hundred dollars nor be less than the Infringement sum of fifty dollars, and in the case of the infringement of Undramatized an undramatized or nondramatic work by means of motion Work, maximum 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 damages shall not exceed the sum of one hundred dollars; and in the case maximum dam of an infringement of a copyrighted dramatic or dramaticoages, $5,000. musical 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 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 in by motion pic tures: damages, $100. Dramatic work, |