under this section: 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.

SEC. 25. That if any person shall infringe the copyright in any work protected under the copyright laws of the United States such person shall be liable:

Application time limit.

ment.

Infringe-
R. S., secs.

4964-4967,
amended.

Injunction to restrain.

(a) To an injunction restraining such infringement; (b) To pay to the copyright proprietor such damages Damages. as the copyright proprietor may have suffered due to the infringement, as well as all the profits which the infringer shall have made from such infringement, and in proving profits the plaintiff shall be required to prove sales only and the 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 to be just, and in assessing such damages the court may, in its discretion, allow the amounts as hereinafter stated, but in the case of a newspaper reproduction of a copyrighted Newspaper photograph such damages shall not exceed the sum of of photographs. two hundred dollars nor be less than the sum of fifty dol- damages, etc. lars, and such damages shall in no other 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:

reproductions

Limit of

statuary, etc.

First. In the case of a painting, statue, or sculpture, ten Paintings, 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 any work enumerated in section five of this Act, except a painting, statue, or sculpture, one dollar for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees:

Third. In the case of a lecture, sermon, or address, fifty dollars for every infringing delivery;

Lectures, ser

mons, etc.

etc., composi

Fourth. In the case of a dramatic or dramatico-musical Dramatic, or a choral or orchestral composition, one hundred dol- tions. lars for the first and fifty dollars for every subsequent infringing performance; in the case of other musical compositions, ten dollars for every infringing performance;

infringing

ar

(c) To deliver up on oath, to be impounded during the Delivery of pendency of the action, upon such terms and conditions ticles. as the court may prescribe, all articles 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 as the court may order;

(e) Whenever the owner of a musical copyright has used or permitted the use of the copyrighted work upon the parts of musical instruments serving to reproduce mechanically the musical work, then in case of infringe

Destruction of plates, etc.

semeduction of mu

of chanical repro

sical works.

Notice of intention to use.

ment of such copyright by the unauthorized manufacture, use, or sale of interchangeable parts, such as disks, rolls, bands, or cylinders for use in mechanical music-producing machines adapted to reproduce the copyrighted music, no criminal action shall be brought, but in a civil action an injunction may be granted upon such terms as the court may impose, and the plaintiff shall be entitled to recover in lieu of profits and damages a royalty as provided in section one, subsection (e), of this Act: Provided also, That whenever any person, in the absence of a license agreement, intends to use a copyrighted musical composition upon the parts of instruments serving to reproduce mechanically the musical work, relying upon the compulsory license provision of this Act, he shall serve notice of such intention, by registered mail, upon the copyright proprietor at his last address disclosed by the records of the copyright office sending to the copyright Penalty for office a duplicate of such notice; and in case of his failure so to do the court may, in its discretion, in addition to sums hereinabove mentioned, award the complainant a further sum, not to exceed three times the amount provided by section one, subsection (e), by way of damages, and not as a penalty, and also a temporary injunction until the full award is paid.

failure.

Rules, etc., of procedure.

Rules and regulations for practice and procedure under R. S., sec. this section shall be prescribed by the Supreme Court of 4969, amended. the United States.

Enforcement

of remedies.

Joining of actions.

Penalty for infringement.

Proviso.

SEC. 26. That any court given jurisdiction under section thirty-four of this Act may proceed in any action, suit, or proceeding instituted for violation of any provision hereof to enter a judgment or decree en forcing the remedies herein provided.

SEC. 27. 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. 28. 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, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished 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 Exceptions. both, in the discretion of the court: Provided, however, That nothing in this Act shall be so construed as to prevent the performance of religious or secular works, such as oratorios, cantatas, masses, or octavo choruses by public schools, church choirs, or vocal societies, rented, borrowed, or obtained from some public library, public school, church choir, school choir, or vocal society, provided the performance is given for charitable or educational purposes and not for profit.

R.

S.,

sec.

SEC. 29. That any person who, with fraudulent intent, Fraudulent copyright noshall insert or impress any notice of copyright required tice. by this Act, or words of the same purport, in or upon any 4963, p. 959, uncopyrighted article, or with fraudulent intent shall amended. remove or alter the copyright notice upon any article duly copyrighted shall be guilty of a misdemeanor, punishable Penalty. 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.

Importation

SEC. 30. That the importation into the United States of any article bearing a false notice of copyright when of articles there is no existing copyright thereon in the United with false noStates, or of any piratical copies of any work copyrighted in the United States, is prohibited.

tice.

SEC. 31. That during the existence of the American Piratical, copyright in any book the importation into the United etc., copies. States of any piratical copies thereof or of any copies thereof (although authorized by the author or proprietor) which have not been produced in accordance with the manufacturing provisions specified in section fifteen of this Act, or any plates of the same not made from type set within the limits of the United States, or any copies thereof produced by lithographic or photoengraving process not performed within the limits of the United States, in accordance with the provisions of section fifteen of this Act, shall be, and is hereby, prohibited: Provided, however, That, except as regards Proviso. piratical copies, 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 copyright 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 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 individual use and not for sale; but such privilege of importation shall not extend to a foreign reprint of a book by an American author copyrighted in the United States;

Exceptions.

Books purchased for libraries, etc.

Proviso.

Second. When imported by the authority or for the use of the United States;

Third. When 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.

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 use of import- copies imported as above may not lawfully be used in any way to violate the rights of the proprietor of the American copyright or annul or limit the copyright protection secured by this Act, and such unlawful use shall be deemed an infringement of copyright.

Unlawful

ed copies.

Forfeiture, etc., of prohibited articles.

SEC. 32. That any and all articles prohibited importation by this Act which are brought into the United States from any foreign country (except in the mails) shall be seized and forfeited by like proceedings as those provided by law for the seizure and condemnation of property imported into the United States in violation of the Destruction. customs revenue laws. Such articles when forfeited shall be destroyed in such manner as the Secretary of the Treasury or the court, as the case may be, shall direct: Provided, however, That all copies of authorized editions of copyright books imported in the mails or otherwise in violation of the provisions of this Act may be exported and returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury, in a written application, that such importation does not involve willful negligence or fraud.

Proviso.
Exception.

Rules, etc., to

tation of.

SEC. 33. That the Secretary of the Treasury and the prevent impor- Postmaster-General are hereby empowered and required to make and enforce such joint rules and regulations as shall prevent the importation into the United States in the mails of articles prohibited importation by this Act. and may require notice to be given to the Treasury Department or Post-Office Department, as the case may be, by copyright proprietors or injured parties, of the actual or contemplated importation of articles prohibited importation by this Act, and which infringe the rights of such copyright proprietors or injured parties.

Courts given cognizance of

cases.

SEC. 34. That all actions, suits, or proceedings arising Copyright under the copyright laws of the United States shall be RS.. sec. originally cognizable by the circuit courts of the United 1970, amended. 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.

suits.

SEC. 35. That civil actions, suits, or proceedings arising Institution of under this Act may be instituted in the district of which the defendant or his agent is an inhabitant, or in which he may be found.

Injunctions.

SEC. 36. That any such court or judge thereof shall have power, upon bill in equity filed by any party aggrieved, to grant injunctions to prevent and restrain 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 Service, etc. 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.

of.

SEC. 37. That the clerk of the court, or judge granting Enforcement the injunction, shall, when required so to do by the court hearing the application to enforce said injunction, transmit without delay to said court a certified copy of all the papers in said cause that are on file in his office.

SEC. 38. That the orders, judgments, or decrees of any court mentioned in section thirty-four 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 determined in said courts, respectively.

SEC. 39. That no criminal proceeding shall be maintained under the provisions of this Act unless the same is commenced within three years after the cause of action

arose.

Appeals.

Criminal ac

tion.
Time limit.
R. S., sec.
4968, amended.

costs, etc.

R. S., sec. 972, amended.

SEC. 40. That in all actions, suits, or proceedings under Allowance of this Act, except when brought by or against the United States or any officer thereof, full costs shall be allowed, and the court may award to the prevailing party a reasonable attorney's fee as part of the costs.

between copy

righted.

SEC. 41. That the copyright is distinct from the prop- Distinction erty in the material object copyrighted, and the sale or right and mateconveyance, by gift or otherwise, of the material object rial object copyshall not of itself constitute a transfer of the copyright, nor shall the assignment of the copyright constitute a transfer of the title to the material object; but nothing in this Act shall be deemed to forbid, prevent, or restrict the transfer of any copy of a copyrighted work the possession of which has been lawfully obtained.

etc.

Assignment,

SEC. 42. That copyright secured under this or previous Acts of the United States may be assigned, granted, R. S.. sec. or mortgaged by an instrument in writing signed by the 4955, amended. proprietor of the copyright, or may be bequeathed by will.