one hundred dollars for the first, and fifty dollars for every subsequent Damages performance, as to the court shall appear to be just.1 for printing or publish without SEC. 4967. Every person who shall print or publish any manuscript ing any whatever without the consent of the author or proprietor first obtained, if manuscript such author or proprietor is a citizen of the United States, or resident therein, shall be liable to the author or proprietor for all damages occasioned by such author, &c. injury.2 SEC. 4968. No action shall be maintained in any case of forfeiture or penalty under the copyright laws unless the same is commenced within two years after the cause of action has arisen. consent of Limitation of action in Copyright cases. Defences SEC. 4969. In all actions arising under the laws respecting copyrights, the defendant may plead the general issue, and give the special matter in to action in evidence. SEC. 4970. The circuit courts, and district courts having the jurisdiction of circuit courts, shall have power upon 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 courts may deem reasonable. cases. Injunc tions in Copyright cases. dents not SEC. 4971. Nothing in this chapter shall be construed to prohibit the Aliens and printing, publishing, importation, or sale of any book, map, chart, dramatic non-resior musical composition, print, cut, engraving or photograph, written, com- privileged. posed, or made by any person not a citizen of the United States nor resident therein.3 without SEC. 699. A writ of error may be allowed to review any final judgment Writs of at law, and an appeal shall be allowed from any final decree in equity error and appeals hereinafter mentioned without regard to the sum or value in dispute. First. By final judgment at law or final decree in equity of any circuit reference court, or of any district court acting as a circuit court, or of the Supreme Court of the District of Columbia, or of any Territory, in any case touching patent rights or copyrights. to amount. SEC. 711. The jurisdiction vested in the courts of the United States Exclusive in the cases and proceedings hereinafter mentioned, shall be exclusive of jurisdiction the courts of the several States. Fifth. Of all cases arising under the patent-right or copyright laws of the United States. of Courts of United States. Full costs allowed. SEC. 972. In all recoveries under the copyright laws either for damages, forfeitures, or penalties, full costs shall be allowed thereon. SEC. 5046. All . . . patent rights, and copyrights . . . shall in virtue Copyrights of the adjudication of bankruptcy and the appointment of an assignee vest in . . . be at once vested in such assignee. SEC. 5596. All Acts of Congress passed prior to December 1, 1873, ruptcy. any portion of which is embraced in any section of the Revised Statutes, are hereby repealed, and the section applicable thereto shall be in force in lieu thereof. SEC. 5601. The enactment of the said Revision is not to affect or repeal any Act of Congress passed since December 1, 1873, and all Acts passed since that date are to have full effect as if passed after the enactment of this revision, and so far as such Acts vary from and conflict with Assignee in bank. Repeal of Acts. Acts passed since 1st December 1873, not affected. 1 Amended section substituted by Act of Congress, January 6, 1897. 2 Amended section substituted by Act of Congress, March 3, 1891, sec. 9. 3 Repealed by Act of Congress, March 3, 1891, sec. 10. No right of action for infringement unless notice of entry. Optional modes of entry. Fees. and "Print" not to extend to labels. Commis any provision contained in said revision, they are to have effect as subsequent statutes, and as repealing any portion of the revision inconsistent therewith. ACT OF CONGRESS, JUNE 18, 1874. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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 a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected and completed as a work of the fine arts, by inscribing upon some visible portion thereof, or of the substance on which the same shall be mounted, the following words, viz. :-" Entered according 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, 18—, by A.B." SEC. 2. That for recording and certifying any instrument of writing for the assignment of a copyright, the Librarian of Congress shall receive, from the persons to whom the service is rendered, one dollar; and for every copy of an assignment, one dollar; said fee to cover in either case a certificate of the record, under seal of the Librarian of Congress; and all fees so received shall be paid into the Treasury of the United States.1 "Engrav- SEC. 3. That in the construction of this Act the words "engraving," ing,Cut" "cut" and "print" shall be applied only to pictorial illustrations or works connected with the fine arts, and no prints or labels designed to be used for any other articles of manufacture shall be entered under the copyright law, but may be registered in the Patent Office. And the Commissioner of Patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in conformity with the regulations provided by law as to copyright of prints except that there shall be paid for recording the title of any print or label not a trade mark, six dollars, which shall cover the expense of furnishing a copy of the record under the seal of the Commissioners of Patents, to the party entering the same. sioner of Patents charged with super vision of labels. R.S. 4962, amended notice of SEC. 4. That all laws and parts of laws inconsistent with the foregoing provisions be, and the same are hereby repealed. SEC. 5. That this Act shall take effect on August 1, 1874. ACT OF CONGRESS, AUGUST 1, 1882. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That manufacturers of Copyright designs for moulded decorative articles, tiles, plaques, or articles of pottery or metal subject to copyright may put the copyright mark prescribed by Section 4962 of the Revised Statutes, and Acts additional thereto, upon on decorative articles. 1 Superseded by Act of Congress, March 3, 1891, sec. 4. the back or bottom of such articles, or in such other place upon them as it has heretofore been usual for manufacturers of such articles to employ for the placing of manufacturers, merchants, and trade marks thereon. ACT OF CONGRESS, OCTOBER 1, 1890. An Act to reduce the revenue and equalise duties on imports, and for other purposes. SEC. 2. On and after October 6, 1890, unless otherwise specially provided for in this Act, the following articles when imported shall be exempt from duty : 512. Books, engravings, photographs, bound or unbound, etchings, maps and charts, which shall have been printed and bound or manufactured more than twenty years at the date of importation. 513. Books and pamphlets printed exclusively in languages other than English; also books and music in raised print used exclusively by the blind. 514. Books, engravings, photographs, etchings, bound or unbound, maps and charts imported by authority, or for the use of the United States, or for the use of the Library of Congress. 515. Books, maps, lithographic prints, and charts, specially imported, not more than two copies in any one invoice, in good faith for the use of any society incorporated or established for educational, philosophical, literary or religious purposes, or for the encouragement of the fine arts, or for the use or by order of any college, academy, school or seminary of learning in the United States, subject to such regulations as the secretary of the Treasury shall prescribe. 516. Books, or libraries, or parts of libraries, and other household effects of persons or families from foreign countries, if actually used abroad by them not less than one year, and not intended for any other person or persons, nor for sale. ACT OF CONGRESS, MARCH 3, 1891. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section forty-nine hundred and fifty-two of the Revised Statutes be, and the same is hereby amended so as to read as follows: Persons and publications entitled to "SEC. 4952. The author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be Copyright. perfected as works of the fine arts, and the executors, administrators, or assigns of any such person shall, upon complying with the provisions of this chapter, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending Further term of exclusive right. Deposit of title or description before publication. Two copies of work or photograph on day of publication. To be made in the United States. Importation of Foreign editions prohibited. the same; and, in the case of dramatic composition, of publicly performing or representing it or causing it to be performed or represented by others; and authors or their assigns shall have exclusive right to dramatize and translate any of their works for which copyright shall have been obtained under the laws of the United States." SEC. 2. "SEC. 4954. The author, inventor, or designer, if he be still living, or his widow or children, if he be dead, shall have the same exclusive right continued for the further term of fourteen years, upon recording the title of the work or description of the article so secured a second time, and complying with all other regulations in regard to original copyrights, within six months before the expiration of the first term; and such persons shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more newspapers printed in the United States for the space of four weeks." SEC. 3. That section forty-nine hundred and fifty-six of the Revised Statutes of the United States be, and the same is hereby amended so that it shall read as follows: "SEC. 4956. 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 Librarian of Congress, or deposit in the mail within the United States, addressed to the Librarian of Congress at Washington, District of Columbia, a printed copy of the title of the book, map, chart, dramatic or musical composition, engraving, cut, print, photograph, or chromo, or a description of the painting, drawing, statue, statuary, or a model or design for a work of the fine arts for which he desires a copyright, nor unless he shall also, not later than the day of the publication thereof1 in this or any foreign country, deliver at the office of the Librarian of Congress at Washington, District of Columbia, or deposit in the mail within the United States, addressed to the Librarian of Congress at Washington, District of Columbia, two copies of such copyright book, map, chart, dramatic or musical composition, engraving, chromo, cut, print, or photograph, or in case of a painting, drawing, statue, statuary, model, or design for a work of the fine arts, a photograph of same: 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 made within the limits of the United States, or from transfers made therefrom. During the existence of such copyright the importation into the United States of any book, chromo, lithograph, or photograph so copyrighted, or any edition or editions thereof, or any plates of the same not made from type set, negatives, or drawings on 1 Omission to deposit copies, description, or photographs within the prescribed time could have been rectified by deposit before March 1, 1893: Act of Congress, March 3, 1893. stone made within the limits of the United States, shall be, and it is hereby, prohibited, except in the cases specified in paragraphs 512 to 516, inclusive in section 2 of the Act of Congress, October 1, 1890, and except in the case of persons purchasing for use and not for sale, who import, subject to the duty thereon, not more than two copies of such book at any one time, and except in the case of newspapers and magazines not containing in whole or in part matter copyrighted under the provisions of this Act, unauthorised by the author, which are hereby exempted from prohibition of importation: Provided, nevertheless, That in the case of books in foreign languages, of which only translations in English are copyrighted, the prohibition of importation shall apply only to the translations of the same, and the importation of the books in the original language shall be permitted." SEC. 4. That section forty-nine hundred and fifty-eight of the Revised Fees. Statutes be, and the same is hereby amended so that it will read as follows: "SEC. 4958. The Librarian of Congress shall receive from the persons to whom the services designated are rendered the following fees: "First. For recording the title or description of any copyright book or other article, fifty cents. "Second. For every copy under seal of such record actually given to the person claiming the copyright, or his assigns, fifty cents. "Third. For recording and certifying any instrument of writing for the assignment of a copyright, one dollar. "Fourth. For every copy of an assignment, one dollar. "All fees so received shall be paid into the Treasury of the United States: Provided, That the charge for recording the title or description of any article entered for copyright, the production of a person not a citizen or resident of the United States, shall be one dollar, to be paid as above into the Treasury of the United States, to defray the expenses of lists of copyrighted articles as hereinafter provided for. List of copyticles to be furnished Treasury. righted ar "And it is hereby made the duty of the Librarian of Congress to furnish to the Secretary of the Treasury copies of the entries of titles of all books and other articles wherein the copyright has been completed by the deposit of two copies of such book printed from type set within the limits of the United States, in accordance with the provisions of this Act and by the deposit of two copies of such other article made or produced in the United States; and the Secretary of the Treasury is hereby directed to prepare and print, at intervals of not more than a week, catalogues of such title-entries for distribution to the collectors of customs of the United States and to the postmasters of all post offices receiving foreign mails, and such weekly Weekly lists, as they are issued, shall be furnished to all parties desiring them, Catalogues. at a sum not exceeding five dollars per annum; and the Secretary and the Postmaster-General are hereby empowered and required to make and enforce such rules and regulations as shall prevent the importation into the United States, except upon the conditions above specified, of all articles prohibited by this Act." |