Copyright: Its History and Its Law Part 46

{Sidenote: Newspaper reproduction of photograph; recovery, $50-$200}

{Sidenote: Maximum recovery, $5,000}

{Sidenote: Minimum recovery, $250}

(b) To pay to the copyright proprietor such 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 a.s.sessing 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 photograph such damages shall not exceed the sum of two hundred dollars nor be less than the sum of fifty dollars, 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:

{Sidenote: Painting, statue, or sculpture, $10 per copy}

First. In the case of a painting, statue, or sculpture ten dollars for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees;

{Sidenote: Other works, $1 per copy}

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;

{Sidenote: Lectures, $50}

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

{Sidenote: Dramatic or musical works, $100 and $50}

{Sidenote: Other musical compositions, $10}

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

{Sidenote: Delivering up infringing articles}

(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 articles alleged to infringe a copyright;

{Sidenote: Destruction}

(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;

{Sidenote: Infringement by mechanical instruments}

{Sidenote: Injunction may be granted}

{Sidenote: Recovery of royalty}

{Sidenote: Notice to proprietor of intention to use}

{Sidenote: Damages, three times amount provided}

{Sidenote: Temporary injunction}

(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 infringement 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 ent.i.tled 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 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.

{Sidenote: Rules for practice and procedure}

Rules and regulations for practice and procedure under this section shall be prescribed by the Supreme Court of the United States.

{Sidenote: Judgment enforcing remedies}

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

{Sidenote: Proceedings, injunction, etc., may be united in one action}

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.

{Sidenote: Penalty for willful infringement}

{Sidenote: Oratorios, cantatas, etc. may be performed}

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 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, ma.s.ses, 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.

{Sidenote: False notice of copyright (penalty for)}

{Sidenote: Fraudulent removal of notice; fine $100-$1,000}

{Sidenote: Issuing, selling, or importing article bearing false notice; fine $100}

SEC. 29. That 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 uncopyrighted article, or with fraudulent intent shall remove or alter the copyright notice upon any 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.

{Sidenote: Importation prohibited of articles bearing false notice and piratical copies}

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

{Sidenote: Prohibition of importation of books}

{Sidenote: Exceptions to prohibition}

SEC. 31. That during the existence of the American copyright in any book the importation into the United 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 photo-engraving 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 piratical copies, such prohibition shall not apply:

{Sidenote: Works for the blind}

(a) To works in raised characters for the use of the blind;

{Sidenote: Foreign newspapers or magazines}

(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;

{Sidenote: Books in foreign languages}

(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;

{Sidenote: Importation of authorized foreign books permitted}

(d) To any book published abroad with the authorization of the author or copyright proprietor when imported under the circ.u.mstances stated in one of the four subdivisions following, that is to say: