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2. How may a patent be assigned?

Page 244.

1. How must patented articles be marked?

Page 245.

1. What is the penalty for falsely marking or labeling articles as patented?

Page 246.

1. What is the measure of damages which may be recovered in a suit for the infringement of a patent?

Page 247.

1. What matters may be pleaded in an action for infringement of a patent?

Page 248.

1. When may injunctions be issued against the infringement of a patent?

Page 249.

1. Can a suit be maintained for the infringement of a patent in which the specifications were too broad?

Page 250.

1. Can a patent be secured for a design?

Page 251.

1. What laws govern a patent for a design?

Page 252.

1. What fees are required in obtaining patents?

Page 253.

1. When and how are such fees payable?

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2. Is there any common law right of copyright? 3. Under what authority are copyrights issued in the United States?

Page 258.

1. What persons and publications are entitled to copyrights?

2. What degree of literary ability is required to entitle a person to a copyright?

Page 259.

1. Can a copyright be taken out in the name of a trustee?

2. Can a copyright be taken out in the name of a corporation?

3. Name some things which have been held incapable of being copyrighted?

Page 260.

1. What is the term of a copyright?

2. May this term be extended?

3. Are copyrights assignable?

Page 261.

1. What are the requirements for the deposit of titles and published copies?

Page 262.

1. What record of entry is required?

Page 263.

1. What fees are required in obtaining a copyright?

Page 264.

1. Must copies of subsequent editions of a copyrighted work be deposited in the Congressional Library?

Page 265.

1. What is the penalty for the omission to deposit copies of books?

Page 266.

1. What are the penalties for violations of a copyright?

1. What are the

prints, etc?

Pages 267-268.

penalties for violations of maps,

Pages 269-270.

1. What are the penalties for unauthorized use of dramatic or musical compositions?

Page 274.

1. May the different volumes of a set be copyrighted separately?

THE INTERSTATE COMMERCE ACT

AS AMENDED.

[Hepburn bill amendments in bold-faced type.]]

PARTIES SUBJECT TO THE ACT.

An Act to regulate commerce.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That the provisions of this Act shall apply to any corporation or any person or persons engaged in the transportation of oil or other commodity, except water and except natural or artificial gas, by means of pipe lines, or partly by pipe lines and partly by railroad, or partly by pipe lines and partly by water, who shall be considered and held to be common carriers within the meaning and purpose of this Act, and to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad (or partly by railroad and partly by water when both are used under a common control, management or arrangement for a continuous carriage or shipment), from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from one place in a Territory to another place in the same Territory, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country: Provided, however, That the provisions of this Act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property wholly within one State and not shipped to or from a foreign country from or to any State or Territory as aforesaid.

The term "common carrier," as used in this Act, shall include express companies and sleeping car companies. The term “railroad," as used in this Act, shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease, and shall also include all switches, spurs, tracks, and terminal facilities of every kind used or necessary in the transportation of the persons or property designated herein, and also all freight depots, yards and grounds used or necessary in the transportation or delivery of any of said property; and the term “transportation" shall include cars and other vehicles and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof and all services in connection with the receipt, Vol. V.-20.

305

delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage and handling of property transported; and it shall be the duty of every carrier subject to the provisions of this Act to provide and furnish such transportation upon reasonable request therefor, and to establish through routes and just and reasonable rates applicable thereto.

All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, shall be just and reasonable; and every unjust and unreasonable charge for such service or any part thereof is prohibited and declared to be unlawful.

No common carrier subject to the provisions of this Act shall, after January first, nineteen hundred and seven, directly or indirectly, issue or give any interstate free ticket, free pass, or free transportation for passengers, except to its employees and their families, its officers, agents, surgeons, physicians, and attorneys at law; to ministers of religion, traveling secretaries of railroad Young Men's Christian associations, inmates of hospitals and charitable and eleemosynary institutions, and persons exclusively engaged in charitable and eleemosynary work; to indigent, destitute, and homeless persons, and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation; to inmates of the national homes or state homes for disabled volunteer soldiers, and of soldiers' and sailors' homes, including those about to enter and those returning home after discharge and boards of managers of such homes; to necessary caretakers of live stock, poultry, and fruit; to employees on sleeping cars, express cars, and the linemen of telegraph and telephone companies; to railway mail service employees, postoffice inspectors, customs inspectors and immigration inspectors; to newsboys on trains, baggage agents, witnesses attending any legal investigation in which the common carrier is interested, persons injured in wrecks and physicians and nurses attending such persons: Provided, That this provision shall not be construed to prohibit the interchange of passes for the officers, agents, and employees of common carriers, and their families; nor to prohibit any common carrier from carrying passengers free with the object of providing relief in cases of general epidemic, pestilence, or other calamitous visitation. Any common carrier violating this provision shall be deemed guilty of a misdemeanor, and for each offense, on conviction, shall pay to the United States a penalty of not less than one hundred dollars nor more than two thousand dollars, and any person, other than the persons excepted in this provision, who uses any such interstate free ticket, free pass, or free transportation, shall be subject to a like penalty. Jurisdiction of offenses under this provision shall be the same as that provided for offenses in an Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, and any amendment thereof.

From and after May first, nineteen hundred and eight, it shall be unlawful for any railroad company to transport from any State, Territory, or the District of Columbia, to any other State, Territory, or the District of Columbia, or to any foreign country, any article or commodity, other than timber and the manufactured products thereof, manufactured, mined, or produced by it, or

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