« iepriekšējāTurpināt »
seizure of the articles contained in the package supposed to be prohibited importation, and if the package contains any prohibited articles shall declare the same forfeited, whereupon said articles shall be destroyed in such manner as the Secretary of the Treasury shall direct. If upon examination the articles prove to be innocent of any violation of law the package shall be forwarded to the addressee in regular course of mail, subject to the payment of customs duty, if any be due. If the addressee appears and shows to the satisfaction of the said officer that the importation of the articles is not prohibited, the said articles shall be delivered to the addressee upon payment of the customs duty, if any be due.
SEC. 30. That during the existence of the American copyright in any book the importation into the United States of any foreign edition or editions thereof (although authorized by the author or proprietor) not printed from type set within the limits of the United States or from plates made therefrom, or any plates of the same not made from type set within the limits of the United States, or any editions thereof produced by lithographic process not performed within the limits of the United States, in accordance with the requirements of section thirteen of this Act, shall be, and is hereby, prohibited: Provided, however, That such prohibition shall not apply(a) To works in raised characters for the use of the blind;
(b) To a foreign newspaper or magazine, although containing matter copyrighted in the United States printed or reprinted by authority of the coyright proprietor, unless such newspaper or magazine contains also copyright matter printed or reprinted without such authorization;
(c) To the authorized edition of a book in a foreign language or languages, of which only a translation into English has been copyrighted in this country;
(d) To books in a foreign language or languages, published without the limits of the United States, but deposited and registered for an ad interim copyright under the provisions of this act; in which case the importation of copies of an authorized foreign edition shall be permitted during the ad interim term of two years, or until such time within this period as an edition shall have been produced from type set within the limits of the United States, or from plates made therefrom, or by a lithographic process performed therein as above provided;
(e) To any book published abroad with the authorization of the author or copyright proprietor when imported under the circumstances stated in one of the four subdivisions following, that is to say:
First. When imported, not more than one copy at one time, for use and not for sale, under permission given by the proprietor of the American copyright;
Second. When imported, not more than one copy at one time, by the authority or for the use of the United States;
Third. When specially 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, 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; but such privilege of importation without the consent of the American copyright proprietor shall not extend to a foreign reprint of a book by an American author copyrighted in the United States unless copies of the American edition can not be supplied by the American publisher or copyright proprietor;
Fourth. When such books form parts of libraries or collections purchased en bloc for the use of societies, institutions, or libraries, designated in the foregoing paragraph, or form parts of the libraries or personal baggage belonging to persons or families arriving from foreign countries, and are not intended for sale: Provided, That copies imported as above may not lawfully be used in any way to violate the rights of the American copyright proprietor or annul or limit the copyright protection secured by this act, and such unlawful use shall be deemed an infringement of copyright.
SEC. 31. That all copies of authorized editions of copyright books imported in violation of the above provisions of this act may be exported and returned to the country of export, provided it be shown to the satisfaction of the Secretary of the Treasury upon written application that such importation does not involve willful negligence or fraud. If absence of willful negligence or fraud be not established to the satisfaction of the Secretary of the Treasury, the importation shall be proceeded against as in the case of fraudulent copies in the manner prescribed by sections twenty-six to twenty-nine, inclusive, of this act.
SEC. 32. That all actions arising under the copyright laws of the United States shall be originally cognizable by the circuit 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.
Actions arising under this act may be instituted in the district of which the defendant is an inhabitant, or in the district where the violation of any provision of this act has occurred.
Any such court, or judge thereof, shall have power, upon bill in equity filed by any party aggrieved, to grant an injunction to prevent 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 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 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; but the defendants, or any or either of them, may make a motion in the proper court of any other district where such a violation is alleged to dissolve said injunction upon such reasonable notice to the plaintiff as the court or judge before whom said motion shall be made shall deem proper, service of said motion to be made on the plaintiff in person or on his attorney in the action. Said courts or judges shall have authority to enforce said injunction and to hear and determine a motion to dissolve the same, as herein provided, as fully as if the action were pending or brought in the district in which said motion is made.
The clerk of the court, or judge granting the injunction, shall, when required so to do by the court hearing the application to dissolve or enforce said injunction, transmit without delay to said court a certified copy of all the papers on which the said injunction was granted that are on file in his office.
When any action is brought in any place whereof the defendant is not an inhabitant, service of process shall be made by the marshal of the district of which the defendant is an inhabitant, or of the district where he may be found, upon receiving a certified copy of the process from the clerk of the court where the suit was brought, and return shall be made by said marshal to said court.
SEC. 33. That the final orders, judgments, or decrees of any court. mentioned in section thirty-two 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 finally determined in said courts respectively.
SEC. 34. That no action shall be maintained under the provisions of this act unless the same is commenced within three years after the cause of action arose.
SEC. 35. That in all recoveries under this act full costs shall be allowed.
SEC. 36. That nothing in this act shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any infringement of a copyright might have had if this act had not been passed.
SEC. 37. That the copyright is distinct from the property in the material object which is the subject of copyright, and the sale or conveyance, by gift or otherwise, of the original object shall not of itself imply the cession of the copyright, nor shall the assignment of the copyright imply the transfer of the material object.
SEC. 38. That the right of translation, the right of dramatization, the right of oral delivery of a lecture, the right of representation in the case of a dramatic composition, the right of performance in the case of a musical composition, where the latter is reserved, as provided in section fourteen hereof, the right to make any mechanical device by which music may be reproduced to the ear, and the right of reproduction of a work of art or of a drawing or plastic work of a scientific or technical character shall each be deemed a separate estate subject to assignment, lease, license, gift, bequest, or inheritance.
SEC. 39. That the copyright in a work of art and the ownership of the work shall be deemed, to be distinct properties, and, except as provided for in this act, the copyright in any artistic work shall remain in the author of the work, even if such work be sold or disposed of by such author, unless the copyright therein be expressly assigned or disposed of in writing by him or pass by operation of law or testamentary disposition.
SEC. 40. That every assignment of copyright under this act shall be by an instrument of writing signed by the assignor.
SEC. 41. That every assignment of copyright executed in a foreign country shall be acknowledged by the assignor 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 acknowledgment 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.
SEC. 42. That every assignment of copyright shall be recorded in the Copyright Office within ninety days 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 has been duly recorded.
SEC. 43. That in place of the original instrument of assignment there may be sent for record a true copy of the same duly certified as such by any official authorized to take an acknowledgment to a deed. SEC. 44. That the Register of Copyrights shall, upon payment of the prescribed fee, record such assignment, and shall return to the sender, with a certificate of record attached, under seal, the original instrument or the copy of the same so filed for record; 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 the seal of the Copyright Office.
SEC. 45. That when an assignment of the copyright in a specified book or other work has been recorded the assignee shall have the privilege of substituting his name for that of the assignor in the statutory notice of copyright prescribed by this act.
SEC. 46. That 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, 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.
SEC. 47. That there shall be appointed by the Librarian of Congress a Register of Copyrights, at a salary of dollars per an
num, and one Assistant Register of Copyrights at a salary of dollars 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. 48. That the Register of Copyrights shall make 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 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 to apply as copyright fees or to return to the remitters, 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 on hand, moneys refunded, and unapplied balances.
SEC. 49. 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 satis
factory to the Secretary of the Treasury for the faithful discharge of his duties.
SEC. 50. 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 the number and kind of works which have been deposited in the Copyright Office during the fiscal year, under the provisions of this act.
SEC. 51. That the seal provided under the act of July eighth, eighteen hundred and seventy, and at present 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. SEC. 52. That, subject to the approval of the Librarian of Congress, the Register of Copyrights shall be authorized to make reasonable rules and regulations, not inconsistent with the provisions of this act, for the conduct of proceedings with reference to the registration of claims to copyright as provided by this act: Provided, That no breach of such rules or regulations shall affect the validity of the copyright.
SEC. 53. That 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 deposit has been made in the Copyright Office of a title or copy of any work under the provisions of this act he shall make entry thereof.
SEC. 54. That in the case of each entry the person recorded as the claimant of the copyright shall be entitled to a certificate under seal of copyright registration, to contain his name and address, the title of the work upon which copyright is claimed, the date of the deposit of the required copies of such work, and such marks as to class designation and entry number as shall fully identify the entry. In the case of a book the certificate shall also state the receipt of the affidavit required by section thirteen of this act, and the 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 above provided for, 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 the said certificate shall be admitted in any court as prima facie evidence of the facts stated therein.
SEC. 55. That the Register of Copyrights shall fully index all copyright registrations, 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 complete and indexed catalogues for each class of copyright entries, and thereupon shall have authority to destroy the original manuscript catalogue cards containing the titles included in such printed volumes and representing the entries made during such intervals. 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.
SEC. 56. 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 ex