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within the United States, duly made by the person claiming copyright or by his duly authorized agent or representative residing in the United States, or by the printer who has printed the book, setting forth that the copies deposited have been printed in the United States from type set within the limits of the United States, or if the book be wholly or partly produced by some other process, that such process was wholly performed within the limits of the United States.
Any person who for the purpose of obtaining a copyright shall knowingly be guilty of making a false affidavit as to his having complied with the above conditions shall be liable to all the pains and penalties of perjury, and the copyright so obtained shall be void.
Such affidavit shall state also the place within the United States, and the establishment in which such type was set or plates were made or lithographic process was performed and the date of the completion of the printing of the book or the date of publication.
Note to section 24.
It will be observed that this section provides for the entire manufacture to be performed in the United States, not including, however, the manufacture of the raw material (paper or ink).
SEC. 25. That every assignment of SEC. 22. That copyrights shall be copyright under this Act shall be by an assignable in law by any instrument instrument of writing signed by the in writing, signed by the assignor, and assignor. If such instrument is ac- shall be recorded in the Copyright knowledged before an officer compe- Office within sixty days after its exetent at the place of acknowledgment cution; in default of which shall be to take acknowledgment of deeds, the void as against any subsequent purcertificate of such acknowledgment chaser, assignee, licensee, or mortunder the hand and official seal of gagee without notice. And except as such officer, shall be prima facie evi- hereinafter provided every such asdence of the execution of the instru- signment shall operate to vest in the ment.
assignee all rights secured by copyThat every assignment of copyright right obtained under the provisions of executed in a foreign country shall be this Act. acknowledged by the assignor before a
NOTE.-If provision for extended consular officer or secretary of lega- term is incorporated in the Act, the foltion of the United States authorized lowing alternative provisions
sugby law to administer oaths or perform
gested, to wit:
1. (Continue from words “ provisions of notarial acts. The certificate of such
this Act,” above, as follows: acknowledgment under the hand and -“ including the right of renewal for an official seal of such consular officer
Or, instead, add the following suggested or secretary of legation shall be prima by Mr. Johnson : facie evidence of the execution of the
In case instrument.
any subsisting copyright
shall have been assigned or a license That every assignment of copyright shall be recorded in the Copyright Office
shall have been granted thereunder
for publication, and if such assignwithin ninety days after its execution
ment of license shall contain proviin the United States or within six cal
sions for payment of royalty, and if endar months after its execution with
the renewal term provided in this out the limits of the United States, in
Act shall not be assigned nor license default of which it shall be void as
therein granted to such original asagainst any subsequent purchaser or
signee, or licensee, or his successor, mortgagee for a valuable considera
said original assignee or licensee or tion, without notice, whose assignment
his successor, shall nevertheless be has been duly recorded.
entitled to continue to publish the work on payment of the royalty stipulated in the original agreement; but if such original assignment or license contain no provision for the payment of royalty, the copyright shall be renewed and extended only in case the original assignee or licensee or his successor shall join in the application for such renewal and extension.
Rights of translation, conversion into nondramatic form, dramatization, abridgment, digest and condensation, adaptation, new arrangement, rearrangement or new setting of a musical composition, and conversion from one form of the fine arts to another, shall not pass by assignment of the copyright only, but shall remain reserved to the author unless conveyed and assigned by him in express terms. Such assignment of such reserved rights may be made by the author and recorded in the copyright office in the manner provided in this act with respect to assignments of copyrights.
SEC. 26. (23). 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.
Such certified copy of an assignment shown thereby to have been duly acknowledged, as provided in section 24 of this act, shall be competent evidence in any court of the contents and due execution of the instrument so recorded.
SEC. 27 (24). 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.
NOTE.--Here follow with sections 46, 47, 48, 49, 50, 52 of bill, numbered respectively: section 28 (25), section 29 (26), section 30 (27), section 31' (28), section 32 (29), section 33 (30), section 34 (31). SEC. 35. Reproduce section 53 of bill. SEC. 32. That the Register of Copy
rights shall provide and keep such record books in the Copyright Office as are required to carry out the provisions of this Act, and whenever a copy of a title or description of any work with an application for copyright shall be received at the Copyright Office through the mail or otherwise, the Register of Copyrights shall have no power to refuse to record such title or description, but shall forthwith record the same in the proper book kept for that purpose, in the words following: “ Library of Congress, to wit: Be it remembered that on the day of
A. B., of —, hath deposited in this Office the title of a book (map, chart, or otherwise, as the case may be, or description of the article), the title or description of which is in the following words, to wit: (here insert the title or description) the right whereof he claims as author (originator, or proprietor, as the case may be), in conformity with the laws of the United States respecting copyrights. C. D., Librarian of Congress.” And he shall transmit a copy of such record under the seal of the Copyright Office,
to the copyright proprietor. SEC. 36. Reproduce section 54 of the SEC. 33. Section 55 of the bill, omitbill.
ting the following: “The current cataSEC. 37. Reproduce section 55 of the logues of copyright entries and the inbill.
dex 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, 38 (34). Reproduce section 56 of the bill.
Sec. 37. That in case of any book or other articles which the Librarian of Congress may determine is not suitable for preservation in the Library of Congress, the Register of Copyrights shall mark on each copy of the same the number of copies deposited, and the name of the person by whom the deposit is made, the date of such deposit, and also enter the fact that such deposit was made in the proper record book, and thereupon return such copies to the owner thereof.
SEC. 41 (38). Reproduce section 59 of the bill.
SEC. 42. Reproduce section 60 of the SEC. 39. Reproduce section 60 of the bill changing only in lines 11 and 12 bill, omitting both provisos, ending, of page 38 so as to read : specified therefore, with the word article" in in paragraphs (a) (b) of subsection line 1 of page 38. 2 of section 6 of this act.
SEC. 43 (40). That every person who, without the consent of the author or proprietor first obtained, shall publish or reproduce in any manner whatsoever any unpublished copyrightable work shall be liable to the author or proprietor for all damages occasioned by such injury, and to an injunction restraining such unauthorized publication.
SEC. 44 (41). That any person who shall insert or impress the notice of a copyright required by this Act, or words of the same purport, in or on any article for which copyright has not been obtained in the United States, or shall cause the same to be done, or shall sell or issue, or import from any foreign country, any article known to him to contain such false notice of copyright, shall be liable to a penalty of one hundred dollars, recoverable one-half for the person who shall sue for such penalty and one-half to the use of the United States.
Sec. 45. That if any person shall in- SEC. 42. That every person who shall fringe the copyright in any way pro- have been aggrieved by any violation tected under this Act by doing or of any right secured by this Act, may, causing to be done, without any law- at his option, maintain a bill in equity ful authority or right, any act the ex- for an injunction, or bring an action clusive right to do, or authorize which, at law to recover damages for the viois by this Act copyright proprietor, lation of such right. In such action such person shall be liable
at law the plaintiff, in lieu of actual (a) To injunction restraining such damages, may sue for and recover infringements.
such damages as to the court shall (6) To pay the copyright proprietor appear just, to be assessed by the such damages as the copyright pro- jury at the rate of not less than one prietor may have suffered due to the dollar for each infringing copy and infringement, or, at the option of the not less than fifty dollars for each incopyright proprietor, all the profits fringing performance in the cases in which the infringer may have made which public performance is protected. from such infringement:
Provided, however, That without evidence of either actual damages or profits, damages may at the discretion of the court be assessed upon the following basis, but shall in no case exceed the sum of $5,000, and shall not be regarded as penalty :
First, in the case of a painting, statue, or sculpture, at the rate of $10 for every infringing copy made or sold by or found in the possession of the infringer or his agents or his employees.
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.
In any action at law arising respecting copyright the defendant may plead the general issue and give special matter in evidence upon reasonable notice to complainant before the trial.
SEC. 58 (54). That any person who shall infringe the copyright of any work copyrighted under the laws of the United States, with knowledge of the copyright, without reasonable grounds for believing that he has a lawful right to publish the infringing work, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment not exceeding one year, or by a fine of not less than one hundred dollars, or both, in the discretion of the court, and required to pay the costs of the proceeding.
SEC. 59 (55). That no suit or action, either at law or in equity, shall be maintained for any infringement of copyright unless the same shall be commenced within six years after the cause of action has arisen, or the plaintiff or his predecessors in interest had knowledge of such infringement, or of facts sufficient to put him or them on inquiry; nor shall any action be maintained to recover any forfeiture or penalty under the copyright law, unless the same shall be commenced within two years after the cause of action has arisen.
SEC. 60 (56). That the final orders, judgments, or decrees of any court mentioned in section twenty-one 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. 61 (57). Reproduce section 61 of the bill.
SEC. 62 (58). Reproduce section 62 of the bill and add thereto, with appropriate change of punctuation, the words: “ action shall be construed to include any suit, action, or proceeding which may be brought under the provisions of this Act; the words “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 at which copies of the first authorized edition were sold or placed on sale; the word 'offer’ shall include an employer in case of works made for hire, and an editor in the case of periodicals and compilations.”
SEC. 63 (59). That this Act shall go into effect on the day of- after its passage.
SEC. 64 (60). That the following acts and parts of acts relating to copyrights are hereby repealed : Act of May 31, 1790 (chap. 15, 1 Stat. L., 124); act of April 29, 1802 (chap. 36, 2 Stat. L., 171); act of February 15, 1819 (chap. 19, 3 Stat. L., 481); act of February 3, 1831 (chap. 16, 4 Stat. L., 436); act of June 30, 1834 (chap. 157, 4 Stat. L., 728); act of August 10, 1846 (chap. 178, sec. 10, 9 Stat. L., 106); act of March 3, 1855 (chap. 201, sec. 5, 10 Stat. L., (585); act of August 18, 1856 (chap. 169, 11 Stat. L., 138); act of February 5, 1859 (chap. 22, sec. 8, 11 Stat. L., 380); act of February 18, 1861 (chap. 37, 12 Stat. L., 130); act of March 3, 1865 (chap. 126, 13 Stat. L., 540); act of February i8, 1867 (chap. 43, 14 Stat. L., 395); act of July 8, 1870 (chap. 230, secs. 85–111, 16 Stat. L., 212); act of June 8, 1872 (chap. 335, sec. 184, 17 Stat. L., 283) ; act of June 18, 1874 (chap. 301, 18 Stat. L., 78); act of March 3, 1879 (chap. 180, 20 Stat. L., 359); act of March 3, 1891 (chap. 565, 26 Stat. L., 1106); act ef March 3, 1893 (chap. 215, 27 Stat. L., 743); act of March 2, 1895 (chap. 194, 28 Stat. L., 965); act of January 6, 1897 (chap. 4, 29 Stat. L., 481); act of March 3, 1897 (chap. 392, 29 Stat. L., 694); act of March 3, 1905 (chap. 1432, 33 Stat. L, 1000).
SUBSTITUTE DRAFT SUBMITTED BY CHARLES PORTERFIELD.
A BILL To amend and consolidate the Acts representing copyrights.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That copyright within the meaning of this Act is the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending the copyright work.
That copyright within the meaning of this act is the sole and exclusive right to multiply copies of the copyrighted work, and to sell, distribute, circulate or otherwise dispose of the same.
SEC. 2. That the copyright secured by this Act shall also include the sole and exclusive right:
(a) In the case of a copyrighted dramatic composition, whether musical or nonmusical, to perform or represent it at any theater or other place of public entertainment, and to cause it to be so performed or represented by others;
(6) In the case of a copyrighted picture, statue, or other work of the fine arts, to make any model of the same, or any photograph, drawing, or other pictorial representation thereof. And also to reproduce and make any copies whatsoever of the photographs of such works required by this Act to be deposited in the office of the Register of Copyrights:
(c) In the case of any copyrighted lecture, sermon, or address written and prepared for occasional oral delivery, to deliver the same or cause any delivery thereof for profit;
(d) To dramatize a copyrighted nondramatic work and to perform or represent it and to cause it to be performed or represented by others at any theater or other place of public entertainment; and also to convert a copyrighted dramatic work into a novel or other nondramatic work;
(e) To translate a copyrighted literary composition into any other language or dialect;
(f) To make any abridgment of a copyrighted literary composition ;
(9) To make any adaptation, new arrangement, rearrangement, or setting in any system of notation of any copyrighted musical composition ;
(h) To perform for profit at any theater, auditorium, or other place of public entertainment any copyrighted musical work designed exclusively for public performance.
Provided, however, that the exclusive right to dramatize a copyrighted nondramatic work and represent it on the stage; to convert a copyrighted dramatic work into a nondramatic work; to make an abridgment of, or to translate, a copyrighted literary composition; and to make an adaptation, new arrangement, rearrangement, or setting in any system of notation of any copyrighted musical composition, shall continue for ten years after copyright was obtained on the original work and no onger. And such exclusive right of translation shall, after the said period of ten years, be confined to the language or languages, dialect or dialects into which translations shall have been made and published within said period.
SEC. 3. That the author, inventor, designer, delineator, or proprietor of any of the works named and described in section four of this act, and the executors, administrators, and assigns of any such person may obtain copyright therefor on complying with the provisions of this act. Provided, however, That the copyright secured by this Act shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation, only when such foreign state or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this Act; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may at its pleasure become a party thereto.
The existence of the reciprocal conditions aforesaid shall be determined by the President of the United States, by proclamation made from time to time, as the purposes of this Act may require.