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SEC. 4. That the works for which copyright may be secured under this Act shall include:
(a) Books, including newspapers ;
(e) Engravings, cuts, prints, photographs and negatives thereof, paintings, drawings, chromos, and other pictorial representations produced by any process or method whatsoever ;
(f) Statues and statuary ; (9) Models and designs intended to be perfected as works of the fine arts;
(h) Drawings and plastic works of a decorative, scientific, or technical character;
(i) Labels and prints relating to articles of manufacture, as heretofore registered in the Patent. Office under the Act of June 18, 1874.
SEC. 5. That translations and abridgments of copyrighted literary compositions, dramatizations of copyrighted nondramatic works, conversions of copyrighted dramatic works into nondramatic works, and adaptations, new arrangements, rearrangements, and settings in any system of notation of copyrighted musical compositions shall be deemed new works, subject to copyright under the provisions of this act.
SEC. 6. That new editions of any copyrighted book containing new matter are subject to copyright under the provisions of this Act, and if not so copyrighted, the new matter therein contained shall fall into the public domain by publication thereof, but such copyright shall operate only to protect such new matter.
SEC. 7. That no copyright shall be acquired under this Act by any person in any publication of the United States Government or of any State or Territorial government, or any reprint in whole or in part thereof; or in any opinion delivered by a judge or other officer of the United States, or of any State, Territory, or District, in the performance of his official duties ; or in any report, letter, or other document composed, prepared, written, promulgated, or issued by any executive or administrative officer, civil or military, of the United States, or of any State, Territory, or District, or political division thereof, in performarce of his official duties; any statute, ordinance, rule, by-law, or public record of the United States, or of any State, Territory, or District, or political division thereof, or of any corporation or association of any kind whatsoever; the original text of a work by any author not a citizen of the United States first published without the limits of the United States prior to July first, eighteen hundred and ninety-one; or in the original text of any work which has fallen into the public domain; or in anything of an obsene, indecent, or immoral nature whereby the morals of the people may be corrupted : Provided, however, that the publication or republication by the Government of the United States, or by any State or Territory, either separately or in a public document, of any material in which copyright is subsisting shall not be taken to cause any abridgment or annulment of the copyright, or to authorize any use or appropriation of such copyrighted material without the consent of the copyright proprietor.
SEC. 8. That copyrights shall be granted for the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed. And at the expiration of the said term the same exclusive right shall be continued for the further term of fourteen years to the author or authors and his or their personal representatives, legatees, and assigns, on causing the title of the work or description of the articles so secured to be recorded a second time in the Copyright Office within six months before the expiration of the first term.
SEC. 9. That no person shall be entitled to a copyright unless he shall, on or before the day of publication in this or any foreign country, deliver at the office of the Register of Copyrights, or deposit in the mail within the United States, addressed to the Register of Copyrights, at Washington, District of Columbia, a printed copy of the title of the book, or other article for which copyright is desired, or a description of the article, if it bears no title; nor unless he shall also, not later than the day of the publication thereof in this or any foreign country, deliver at the office of the Register of Copyrights, at Washington, District of Columbia, or deposit in the mail within the United States, addressed to the Register of Copyrights, at Washington, District of Columbia, two copies of such copyrighted book, or other article, copies of which are designed to be multiplied by printing or other process, or in case of
a painting, drawing, statue, statuary, model, or design, a photograph of the same; and the Register of Copyrights shall mark each of such copies with the date of the receipt thereof at the Copyright Office: Provided, That in the case of a book, photograph, chromo, or lithograph, the two copies of the same required to be delivered or deposited as above shall be printed from type set within the limits of the United States, or from plates made therefrom, or from negatives, or drawings on stone or other process, made within the limits of the United States, or from transfers made therefrom. But this proviso shall not apply to any photographic negatives, lithographs, or other pictorial illustrations representing subjects in a foreign country, and which for that reason can be made only in the view of the subjects represented; neither shall it apply to works in raised characters for the use of the blind, nor to works published in a foreign country for which ad interim protection is sought.
SEC. 10. That the postmaster to whom such title or description of a book or other article, or copies of such book or other article are delivered, addressed to the Register of Copyrights, at Washington, District of Columbia, shall, if requested, give a receipt therefor; and when so delivered he shall mail the same to their destination.
SEC. 11. That no person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title-page or the page immediately following, if it be a book, or, if it be any of the other articles enumerated in section three of this Act, by inscribing on some visible portion thereof, or of the substance on which the same shall be mounted, the following words, viz. : “ Entered acording to Act of Congress, in the year by A. B., in the office of the Librarian of Congress, at Washington ;" or, at his option, 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, 19, by A. B." But in case of any book which consists either in whole or in part of matter collected, compiled, or selected from previously copyrighted works, the reproduction and publication in such form of the previously copyrighted matter shall not in anywise affect or impair such previous copyrights, though the titles of such previously copyrighted works and the original notices of the copyrights thereof are not reproduced, provided that each separate paragraph, selection, or other portion so reproduced shall cite the original copyrighted work or otherwise clearly identify the same as the source from which such paragraph, selection, or other portion was derived.
Manufacturers of designs for molded decorative articles, titles, plaques, or articles of pottery or metal subject to copyright may put the copyright mark prescribed herein on the back or bottom of such articles, or in such other place on them as it has heretofore been usual for manufacturers of such articles to employ for the placing of manufacturers’, merchants’, and trade-marks thereon.
SEC. 12. That any person who shall insert or impress the notice of 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. 13. That each volume of a book in two or more volumes, when such volumes are published separately, and each number of a periodical shall be considered an independent publication, subject to the form of copyrighting as herein provided.
SEC. 14. That in the case of a . book published in a foreign country before publication in this country the deposit in the Copyright Office not later than thirty days after its publication abroad of one complete copy of the foreign edition, with a request for the reservation of the copyright and a statement of the name and nationality of the author and of the copyright proprietor and of the date of publication of the said book, shall secure to the author or proprietor an ad interim copyright. Except as otherwise provided, the ad interim copyright secured shall have all the force and effect given to copyright by this Act, and shall endure as follows:
(a) In the case of a book printed abroad in a foreign language, for a period of two years after the first publication of the book in the foreign country.
(b) In the case of a book printed abroad in the English language, or in English and one or more foreign languages, for a period of thirty days after such deposit in the Copyright Office.
Whenever within the period of such ad interim protection an authorized edition shall be produced and published from type set within the limits of the United States or from plates made therefrom, (a) of a book in the English language or (b) of a book in a foreign language, either in the original language or in an English translation thereof, and whenever the requirements prescribed by this Act as to deposit of copies, registration, and the printing of the copyright notice shall have been duly complied with, the copyright shall be extended to endure in such original book for the full term elsewhere provided in this Act.
SEC. 15. That copyrights and interests therein shall be assignable in law by any instrument in writing, signed by the assignor, and shall be recorded in the Copyright Office within sixty days after its execution; in default of which it shall be void as against any subsequent purchaser, assignee, license, or mortgagee without notice, but no such assignment of copyright shall operate to vest in the assignee the rights of dramatization, conversion into nondramatic form, translation, abridgment, adaptation, and rearrangement, unless such assignment in terms grants to the assignee all the rights, title, and interest which the assignor had in and under the copyright so assigned ; and such rights of dramatization, conversion into nondramatic form, translation, abridgement, adaptation, and rearrangement may be separately assigned at any time in the manner and form above provided in this section.
SEC. 16. That within three months after publication of any work which has been entered for copyright, the copyright proprietor may file or cause to be filed in the office of the Register of Copyrights an affidavit or affidavits reciting the acts done by the affiant or affiants pursuant to the provisions of this act, for securing copyright, and the day or days on which the said acts were performed, and also the day on wbich the first copy or copies of the book or other copyrighted thing were sold or distributed or offered for sale or distribution. The Register of Copyrights shall thereupon issue and transmit to the copyright proprietor a certificate, under the seal of his office, that such book or other thing has been duly copyrighted; and such certificate shall thereafter be received in any court of the law or equity as prima facie evidence that all the provisions of this act for securing copyrights have been fully complied with.
SEC. 17. 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, as hereinafter provided.
SEC. 18. That every person who shall have been aggrieved by any violation of any right secured by this act may, at his option, inaintain a bill in equity for an injunction, or bring an action at law to recover damages for the violation of such right. In such action at law the plaintiff, in lieu of actual damages, may sue for and recover such damages as to the court shall appear just, to be assessed by the jury at the rate of not less than one dollar for each infringing copy of the copyrighted article, and not less than fifty dollars for each infringing performance of a work in respect to which performance is protected.
SEC. 19. That the courts named in section twenty-one of this act shall have power, on bill in equity, filed by any party aggrieved, to grant injunctions to prevent the violation of any right secured by the laws respecting copyrights, according to the course and principles of courts of equity, on such terms as the court may deem reasonable; and in all actions arising under the laws respecting copyrights the defendent may plead the general issue and give the special matter in evidence. And 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.
SEC. 20. That on a bill for an injunction, if the court shall find the defendant guilty of infringement, the plaintiff, except as herein otherwise provided, shall be entitled to a decree requiring the defendant to account for and pay over to the plaintiff all the profits which the defendant shall have made from such infringement. In proving such profits the plaintiff shall be required to show merely that sales have been made, and the defendant shall be required to show the number of copies sold, and also, to prove every element of cost which he claims.
In any suit brought under this Act for an injunction, the court, if it deems that an absolute injunction will be inequitable and not essential to the protection of the complainant's rights, though the defendant has been guilty of infringement, may, nevertheless, retain jurisdiction of the case and render a decree for the payment by the defendant to the plaintiff of such royalties during the life of the copyright infringed and such sum in gross, or either, as may be just, and the court may also grant a permanent injunction to go into effect immediately on any default in the payment of such royalties or sum in gross.
SEC. 21. 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.
SEC. 22. That actions arising under this Act may be instituted and prosecuted in the district of which the defendant is an inhabitant or wherein is his principal place of business; or in case the work alleged to infringe copyright was intended for local circulation and was prepared and published at such place of circulation, action may be brought in the district in which such place is situated, though the defendant is not an inhabitant thereof and does not have his principal place of business therein.
SEC. 23. That if an 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, on 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. 24. That the court, on the entry of a final decree of injunction, may therein order that the defendant deliver up, on oath, for destruction, all the infringing copies and all plates, molds, matrices, negatives, and the like, from which such copies were or inay be multiplied.
SEC. 25. That the court in which such suit for infringement was brought, or any court having jurisdiction of suits for infringement of copyright, may, after the entry of such final decree, issue a search warrant directed to the marshal or deputy marshal, or any proper person, to search for and seize any such infringing copies, plates, molds, matrices, negatives, and the like, and deliver the same into the custody of the court issuing such search warrant, or to the court in which the suit is pending, which court shall thereupon proceed to hear and determine whether the said articles are subject to destruction under the terms of the said decree.
SEC. 26. That any person who shall infringe the copyright of any work copyrighted under the laws of the United States with knowledge of the copyright and 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. 27. 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 laws unless the same shall be commenced within two years after the cause of action has arisen.
SEC. 28. 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. 29. That appliances for automatic reproduction to the ear of music and speech shall not be held infringements of copyright on the musical or other writing reproduced to the ear by such appliance: Provided, however, That any person publishing, or making in multiple, for sale, any device or appliance for reproducing to the ear by the aid of any mechanism or automatic musical instru'ment any copyrighted musical composition or other writing, shall cause to be plainly marked on each such device or appliance and each copy thereof the name of the author of such work and the title by which the same is published, unless
Cases cited— Continued.
:.. 211, 220
271, 276, 306, 348
Provisions of copyright bill (secs. 55–56).
26, 31, 154, 345, 396
295, 299, 301, 306, 334, 342, 349, 350, 383, 384
114, 116, 204, 250