Copyright: Its History and Its Law Part 47

{Sidenote: For individual use and not for sale}

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;

{Sidenote: For the use of U. S.}

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

{Sidenote: For the use of societies, libraries, etc.}

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 inst.i.tution 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;

{Sidenote: Libraries purchased en bloc}

{Sidenote: Books brought personally into U. S.}

Fourth. When such books form parts of libraries or collections purchased en bloc for the use of societies, inst.i.tutions, 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:

{Sidenote: Imported copies not to be used to violate copyright}

_Provided_, That 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.

{Sidenote: Seizure of unlawfully imported copies}

{Sidenote: Copies of authorized books imported may be returned}

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 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.

{Sidenote: Secretary of Treasury and Postmaster-General to make rules to prevent unlawful importation}

SEC. 33. That the Secretary of the Treasury and the 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.

{Sidenote: Jurisdiction of courts in copyright cases}

SEC. 34. That all actions, suits, or proceedings 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.

{Sidenote: District in which suit may be brought}

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

{Sidenote: Injunctions may be granted}

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 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.

{Sidenote: Certified copy of papers filed}

SEC. 37. That the clerk of the court, or judge granting 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.

{Sidenote: Judgments, etc., may be reviewed on appeal or writ of error}

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.

{Sidenote: No criminal proceedings after three years}

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.

{Sidenote: Full costs shall be allowed}

SEC. 40. That in all actions, suits, or proceedings under 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.

{Sidenote: Copyright distinct from property in material object}

{Sidenote: Transfer of any copy of copyrighted work permitted}

SEC. 41. That the copyright is distinct from the property in the material object copyrighted, and the sale or conveyance, by gift or otherwise, of the material object shall not of itself const.i.tute a transfer of the copyright, nor shall the a.s.signment of the copyright const.i.tute a transfer of the t.i.tle 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.

{Sidenote: Copyright may be a.s.signed, mortgaged, or bequeathed}

SEC. 42. That copyright secured under this or previous Acts of the United States may be a.s.signed, granted, or mortgaged by an instrument in writing signed by the proprietor of the copyright, or may be bequeathed by will.

{Sidenote: a.s.signment executed in foreign country to be acknowledged}

SEC. 43. That every a.s.signment of copyright executed in a foreign country shall be acknowledged by the a.s.signor before a consular officer or secretary of legation of the United States authorized by law to administer oaths or perform notarial acts. The certificate of such acknowledgement under the hand and official seal of such consular officer or secretary of legation shall be prima facie evidence of the execution of the instrument.

{Sidenote: a.s.signments to be recorded}

SEC. 44. That every a.s.signment of copyright shall be recorded in the copyright office within three calendar months after its execution in the United States or within six calendar months after its execution without the limits of the United States, in default of which it shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, whose a.s.signment has been duly recorded.

{Sidenote: Register of copyrights to record a.s.signments}

SEC. 45. That the register of copyright shall, upon payment of the prescribed fee, record such a.s.signment, and shall return it to the sender with a certificate of record attached under seal of the copyright office, and upon the payment of the fee prescribed by this Act he shall furnish to any person requesting the same a certified copy thereof under the said seal.

{Sidenote: a.s.signee's name may be subst.i.tuted in copyright notice}

SEC. 46. That when an a.s.signment of the copyright in a specified book or other work has been recorded the a.s.signee may subst.i.tute his name for that of the a.s.signor in the statutory notice of copyright prescribed by this Act.

{Sidenote: Copyright records}

SEC. 47. That all records and other things relating to copyrights required by law to be preserved shall be kept and preserved in the copyright office, Library of Congress, District of Columbia, and shall be under the control of the register of copyrights, who shall, under the direction and supervision of the Librarian of Congress, perform all the duties relating to the registration of copyrights.

{Sidenote: Register of copyrights and a.s.sistant register of copyrights}

SEC. 48. That there shall be appointed by the Librarian of Congress a register of copyrights, at a salary of four thousand dollars per annum, and one a.s.sistant register of copyrights, at a salary of three thousand dollars per annum, who shall have authority during the absence of the register of copyrights to attach the copyright office seal to all papers issued from the said office and to sign such certificates and other papers as may be necessary. There shall also be appointed by the Librarian such subordinate a.s.sistants to the register as may from time to time be authorized by law.

{Sidenote: Register of copyrights to deposit and account for fees}

{Sidenote: Shall make monthly report of fees}

SEC. 49. That the register of copyrights shall make daily deposits in some bank in the District of Columbia, designated for this purpose by the Secretary of the Treasury as a national depository, of all moneys received to be applied as copyright fees, and shall make weekly deposits with the Secretary of the Treasury, in such manner as the latter shall direct, of all copyright fees actually applied under the provisions of this Act, and annual deposits of sums received which it has not been possible to apply as copyright fees or to return to the remitters, and shall also make monthly reports to the Secretary of the Treasury and to the Librarian of Congress of the applied copyright fees for each calendar month, together with a statement of all remittances received, trust funds on hand, moneys refunded, and unapplied balances.