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appear. But in the case of works in which copyright is subsisting when this act shall go into effect, the notice of copyright may be either in one of the forms prescribed herein or in one of those prescribed by the act of June eighteenth, eighteen hundred and seventy-four.
The notice of copyright shall be applied, in the case of a book or other printed publication, upon its title-page or the page immediately following, or, if a periodical, either upon the title-page or upon the first page of text of each separate number or under the title heading; or if a work specified in subsections (f) to (1), inclusive, of section five of this act, upon some accessible portion of the work itself or of the margin, back, permanent base or pedestal thereof, or of the substance on which the work shall be mounted.
In a composite work one notice of copyright shall suffice.
Upon every copy of a published musical composition in which the right of public performance is reserved there shall be imprinted under the notice of copyright the words “ Right of public performance reserved; in default of which no action shall be maintained nor recovery be had for any such performance, although without the consent of the copyright proprietor.
Sec. 15. That if, by reason of any error or omission, the requirements prescribed above in section eleven have not been complied with within the time therein specified, or if failure to make registration has occurred by the error or omission of any administrative officer or employee of the United States, it shall be permissible for the author or proprietor to make the required deposit and secure the necessary registration within a period of one year after the first publication of the work: Provided, That in such case no action shall be brought for infringement of the copyright until such requirements have been fully complied with: And provided further, That the privilege above afforded of completing the registration and deposit after the expiration of the period prescribed in section eleven shall not exempt the proprietor of any article which bears a notice of copyright from depositing the required copy or copies upon specific written demand therefor by the Register of Copyrights, who may make such demand at any time subsequent to the expiration of such period; and after the said demand shall have been made, in default of the deposit of the copies of the work within one month from any part of the United States except an outlying territorial possession of the United States, or within three months from any outlying territorial possession of the United States or from any foreign country, the proprietor of the copyright shall be liable to a fine of one hundred dollars.
Where the copyright proprietor has sought to comply with the requirements of this act as to notice and the notice has been duly affixed to the bulk of the edition published, its omission by inadvertence from a particular copy or copies, though preventing recourse against an innocent infringer without notice, shall not invalidate the copyright nor prevent recovery for infringement against any person who after actual notification of the copyright begins an undertaking to infringe it.
Sec. 16. 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 com
plete 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 thus 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.
SEC. 17. That 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, filing of affidavit, 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 terms elsewhere provided in this act.
SEC. 18. That the copyright secured by this act shall endure
(a) For twenty-eight years after the date of first publication in the case of any print or label relating to articles of manufacture: Provided, That the copyright which at the time of the passing of this act may be subsisting in any article named in this section shall endure for the balance of the term of copyright fixed by the laws then in force.
(b) For fifty years after the date of first publication in the case of any composite or collective work; any work copyrighted by a corporate body or by the employer of the author or authors; any abridgment, compilation, dramatization, or translation; any posthumous work; any arrangement or reproduction in some new form of a musical composition; any photograph; any reproduction of a work of art; any print or pictorial illustration; the copyrightable contents of any newspaper or other periodical; and the additions or annotations to works previously published.
(c) For the lifetime of the author and for fifty years after his death, in the case of his original book, lecture, dramatic or musical composition, map, work of art, drawing or plastic work of a scientific or technical character, or other original work, but not including any work specified in subsections (a) or (b) hereof; and in the case of joint authors, during their joint lives and for fifty years after the death of the last survivor of them.
In all of the above cases the term shall extend to the end of the calendar year of expiration.
The copyright in a work published anonymously or under an assumed name shall subsist for the same period as if the work had been produced bearing the author's true name.
Sec. 19. That the copyright subsisting in any work at the time when this act goes into effect may, at the expiration of the renewal term provided for under existing law, be further renewed and extended by the author, if he be still living, or if he be dead, leaving a widow, by his widow, or in her default or if no widow survive him, by his children, if any survive him, for a further period such that the entire term shall be equal to that secured by this act: Provided, That application for such renewal and extension shall be made to the Copyright Office and duly registered therein within one year prior to the expiration of the existing term: And provided further, That should such subsisting copyright have been assigned, or a license granted therein for publication upon payment of royalty, the copyright shall be renewed and extended only in case the assignee or licensee shall join in the application for such renewal and extension.
SEC. 20. That the author's exclusive right to dramatize or translate any one of his works in which copyright is subsisting shall, after the expiration of ten years from the day on which the work was registered in the Copyright Office, continue effective only in case a dramatization or translation thereof has been produced within that period by his consent or that of his assigns, and in the case of translations shall be confined to the language of any translation so produced.
SEC. 21. 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. 22. That any reproduction, without the consent of the author or copyright proprietor, of any work or any material part of any work in which copyright is subsisting shall be illegal and is hereby prohibited. The provisions of section thirty-eight hundred and ninety-three of the Revised Statutes prohibiting the use of the mails in certain cases, and also the provision of section thirty-eight hundred and ninety-five of the Revised Statutes shall apply, and the inportation into the United States of any such fraudulent copies or reproductions is hereby prohibited.
Sec. 23. That if any person shall infringe the copyright in any work protected under the copyright laws of the United States by doing or causing to be done, without the consent of the copyright proprietor first obtained in writing, any act the exclusive right to do or authorize which is by such laws reserved to such proprietor, such person shall be liable:
(a) To an injunction restraining such infringement;
(b) To pay to the copyright proprietor such damages as the copy: right proprietor may have suffered due to the infringement, as well as all the profits which the infringer may have made from such infringement, and in proving profits the plaintiff shall be required to prove sales only, and 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 just, to be assessed upon the following basis, but such damages shall in no case exceed the sum of five thousand dollars nor be less than the sum of two hundred and fifty dollars, and shall not be regarded as a penalty:
First. In the case of a painting, statue, or sculpture, or any device
especially adapted to reproduce to the ear any copyrighted work, not less than ten dollars for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees.
Second. In the case of a lecture, sermon, or address, not less than fifty dollars for every infringing delivery.
Third. In the case of a dramatic or musical composition, not less than one hundred dollars for the first and not less than fifty dollars for every subsequent infringing performance.
Fourth. In the case of all other works enumerated in section five of this act, not less than one dollar for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees.
(c) To deliver up on oath to be impounded during the pendency of the action, upon such terms and conditions as the court may prescribe, all goods alleged to infringe a copyright.
(d) To deliver up on oath for destruction all the infringing copies or devices, as well as all plates, molds, matrices, or other means for making such infringing copies.
Any court given jurisdiction under section thirty-two of this act may proceed in any action instituted for violation of any provision hereof to enter a judgment or decree enforcing any of the remedies herein provided.
SEC. 24. That the proceedings for an injunction, damages and profits, and those for the seizure of infringing copies, plates, molds, matrices, and so forth, aforementioned, may be united in one action.
Sec. 25. That any person who willfully and for profit shall infringe any copyright secured by this act, or who shall knowingly and willfully aid or abet such infringement or in anywise knowingly and willfully take part in any such infringement, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be pun- . ished by imprisonment for not exceeding one year or by a fine of not less than one hundred dollars nor more than one thousand dollars, or both, in the discretion of the court.
Any person who, with fraudulent intent, shall insert or impress any notice of copyright required by this act, or words of the same purport, in or upon any article for which he has not obtained copyright, or with fraudulent intent shall remove or alter the copyright notice upon an article duly copyrighted, shall be guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars and not more than one thousand dollars. Any person who shall knowingly issue or sell any article bearing a notice of United States copyright which has not been copyrighted in this country, or who shall knowingly import any article bearing such notice, or words of the same purport, which has not been copyrighted in this country, shall be liable to a fine of one hundred dollars.
The importation into the United States of any article bearing such notice of copyright when there is no existing copyright thereon in the United States is prohibited, and such importations shall be proceeded against as provided by sections twenty-six to twenty-nine, inclusive, of this act.
SEC. 26. That any and all such fraudulent copies prohibited importation by this act which are brought into the United States from any foreign country shall be seized by the collector, surveyor, or other officer of the customs, or any person authorized' in writing to
make seizures under the customs revenue laws, in the district in which they are found; and the copies so seized shall without delay be delivered into the custody of the principal customs officer of the collection district in which the seizure is made; whereupon the said officer shall (except in cases of importation by mail) publish a notice of such seizure once a week for three successive weeks in some newspaper of the county or place where such seizure shall have been made. If no newspaper is published in such county, then such notice shall be published in some newspaper of the county in which the principal customs office of the district is situated; and if no newspaper is published in such county, then notices shall be posted in proper public places, which notices shall describe the articles seized and state the time, cause, and place of seizure, and shall require any person claiming such articles to appear and file with such customs officer his claim to such articles within twenty days from the date of the first publication of such notice.
Sec. 27. That any person claiming the property so seized may, at any time within twenty days from the date of such first publication of notice, file with the collector or other proper officer, a claim stating his interest in the articles seized, and deposit with such collector or cther proper officer a bond to the United States, as now prescribed by law, in the penal sum of two hundred and fifty dollars, with two sureties, to be approved by said collector or other proper officer, conditioned that in case of the condemnation of the articles so claimed the obligors shall pay all the costs and expenses of the proceedings to obtain such condemnation.
Such collector, or other proper officer, shall transmit the said bond with a duplicate list and description of the articles seized and claimed to the United States attorney for the proper district, who shall proceed for a condemnation of the property by information, as in customs-revenue cases.
SEC. 28. That in case the property shall be condemned it shall be delivered into the custody of the United States marshal and destroyed in such manner as the court may direct. If not condemned, the said articles shall be delivered to the importer on payment of the duty, if any be due. If probable cause is found by the court as an existing fact connected with the seizure, the officer or other person making the seizure shall be entitled to a certificate affording him an absolute defense to any action on account of the seizure. If no such claim shall be filed or bond given within the twenty days above specified, the collector or other proper officer of the customs who has custody of the property shall declare the same forfeited, and it shall be destroyed in such manner as shall be prescribed by the Secretary of the Treasury.
SEC. 29. That mails from foreign countries shall be carefully examined by postmasters, who shall forward to the principal customs officer of the district in which the post-office is situated any foreign mail package supposed to contain any article imported in violation of the provisions of this act. Upon receipt of such package the customs officer shall detain the same in his custody and notify by mail the addressee of the package of its detention, and require him to show cause within thirty days why the supposed prohibited articles should not be destroyed. If the person so addressed shall not appear and show cause to the contrary, the customs officer shall make formal