Seal of Bond of SEC. 4949. The seal provided for the office of the Librarian of Congress shall be the seal thereof, and by it all records and papers issued from the office and to be used in evidence shall be authenticated. SEC. 4950. The Librarian of Congress shall give a bond, with Librarian. sureties, to the Treasurer of the United States, in the sum of five thousand dollars, with the condition that he will render to the proper officers of the Treasury a true account of all monies received by virtue of his office. Annual What publications may be entered for SEC. 4951. The Librarian of Congress shall make an annual report to Congress of the number and description of copyright publications for which entries have been made during the year. SEC. 4952. Any Citizen of the United States or resident therein who shall be the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph or Copyright. negative thereof, or of a painting, drawing, chromo, statue, statuary, or of models or designs intended to be 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, the same; and in the case of a dramatic composition of publicly performing or representing it, or causing it to be performed or represented by others. And authors may reserve the right to dramatize or to translate their own works.2 Term of Copyrights. Continu ance of Term. Assignment of Copyrights and recording. Deposit of title and published copies. SEC. 4953. Copyrights shall be granted for the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed. SEC. 4954. The author, inventor, or designer, if he be still living and a citizen of the United States or resident therein, 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 person 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.3 SEC. 4955. Copyrights shall be assignable in law by any instrument of writing, and such assignment shall be recorded in the office of the Librarian of Congress within sixty days after its execution; in default of which it shall be void as against any subsequent purchaser, or mortgagee for a valuable consideration, without notice. SEC. 4956. No person shall be entitled to a copyright unless he shall, before publication, deliver at the office of the Librarian of Congress, or deposit in the mail addressed to the Librarian of Congress at Washington, District of Columbia, a printed copy of the title of the book or other article, or a description of the painting, drawing, chromo, 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 within ten days from the publication thereof deliver 1 Not to include labels. Act of Congress, June 18, 1874, sec. 3. 2 Amended section substituted by Act of Congress, March 3, 1891, sec. I. 3 Amended section substituted by Act of Congress, March 3, 1891, sec. 2. 4 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. at the office of the Librarian of Congress or deposit in the mail addressed to the Librarian of Congress at Washington, District of Columbia, two copies of such copyright book or other article, or in case of a painting, drawing, statue, statuary, model, or design for a work of the fine arts, a photograph of the same.1 A.B., of attested SEC. 4957. The Librarian of Congress shall record the name of Record of such copyright book or other article forthwith, in a book to be kept for entry and that purpose, in the words following: "Library of Congress, to wit: Be copy. it remembered that on the day of hath de" posited in this office the title of a book (map, chart, or otherwise as the case may be, or a description of the article), the title or description of which is in the following words, to wit: (here insert the title or description) the right whereof he claims as author (originator or proprietor as the case may be) in conformity with the laws of the United States respecting copyrights. C.D., Librarian of Congress." And he shall give a copy of the title or description, under the seal of the Librarian of Congress, to the proprietor whenever he shall require it. SEC. 4958. The Librarian of Congress shall receive from the persons to Fees. whom the services designated are rendered the following fees : First. For recording the title or description of any copyright book or Second. For every copy under seal of such record actually given to the Third. For recording any instrument of writing for the assignment of a All fees so received shall be paid into the Treasury of the United States.3 works to be The proprietor of every copyright book or other article shall Copies of deliver at the office of the Librarian of Congress, or deposit in the mail Copyright addressed to the Librarian of Congress at Washington, District of Columbia, furnished within ten days after its publication, two complete printed copies thereof, of to Librathe best edition issued, or description or photograph of such article as hereinbefore required, and a copy of every subsequent edition wherein any substantial changes shall be made.* rian of Congress. SEC. 4960. For every failure on the part of the proprietor of any Penalty for copyright to deliver or deposit in the mail either of the published copies omission. or description or photograph, required by sections 4956 and 4959, the proprietor of the copyright shall be liable to a penalty of twenty-five dollars, to be recovered by the Librarian of Congress, in the name of the United States, in an action in the nature of an action of debt in any district court of the United States, within the jurisdiction of which the delinquent may reside or be found. SEC. 4961. The postmaster to whom such copyright book, title, or Postmasother article is delivered, shall, if requested, give a receipt therefor; and ters to give receipts. when so delivered he shall mail it to its destination. SEC. 4962. No person shall maintain an action for the infringement Publication of his copyright unless he shall give notice thereof by inserting in the of notice of several copies of every edition published, on the title-page or the page Copyright immediately following, if it be a book; or if a map, chart, musical prescribed. 1 Amended section substituted by Act of Congress, March 3, 1891, sec. 3. 2 Amended Act of Congress, June 18, 1874, sec. 2. 3 Amended section substituted by Act of Congress, March 3, 1891, sec. 4. 4 Amended section substituted by Act of Congress, March 3, 1891, sec. 5. entry for Penalty for false publication of notice of entry. Damages for violation of of books. composition, print, cut, engraving, photograph, painting, drawing, chromo, at Washington."2 SEC. 4963. Every person who shall insert or impress such notice or words of the same purport, in or upon any book, map, chart, musical composition, print, cut, engraving, or photograph, or other article for which he has not obtained a copyright, shall be liable to a penalty of one hundred dollars, recoverable one-half by the person who shall sue for such penalty, and one-half to the use of the United States.3 SEC. 4964. Every person who after the recording of the title of any book as provided by this chapter shall, within the term limited and without the Copyright consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, print, publish, or import, or, knowing the same to be so printed, published, or imported, shall sell or expose to sale any copy of such book, shall forfeit every copy thereof to such proprietor, and shall also forfeit and pay such damages as may be recovered in a civil action by such proprietor in any court of competent jurisdiction.* For violat right of maps, charts, prints, &c. SEC. 4965. If any person after the recording of the title of any map, ing Copy- chart, musical composition, print, cut, engraving, or photograph, or chromo, or of the description of any painting, drawing, statue, statuary, or model, or design intended to be perfected and executed as a work of the fine arts, as provided by this chapter shall, within the term limited and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, or import, either in whole or in part, or by varying the main design with intent to evade the law, or, knowing the same to be so printed, published, or imported, shall sell or expose to sale any copy of such maps or other article, as aforesaid, he shall forfeit to the proprietor all the plates on which the same shall be copied, and every sheet thereof either copied or printed, and shall further forfeit one dollar for every sheet of the same found in his possession, either printing, printed, copied, published, imported, or exposed for sale; and in case of a painting, statue, or statuary he shall forfeit ten dollars for every copy of the same in his possession, or by him sold or exposed for sale; one-half thereof to the proprietor, and the other half to the use of the United States.5 For violat SEC. 4966. Any person publicly performing or representing any dramatic ing Copy- composition for which a copyright has been obtained without the consent of the proprietor thereof or his heirs or assigns, shall be liable for damages therefor, such damages in all cases to be assessed at such sum, not less than right of dramatic compositions. 1 Act of Congress, June 18, 1874, substitutes "upon some visible portion thereof, or of the substance upon which the same shall be mounted." Act of Congress, August 1, 1882, provides that in the case of designs for decorative articles the notice may be put on the back or bottom, &c. 2 Act of Congress, June 18, 1874, provides an alternative form of notice. 3 Amended section substituted by Act of Congress, March 3, 1891, sec. 6. Further amended section substituted by Act of Congress, March 3, 1897. 4 Amended section substituted by Act of Congress, March 3, 1891, sec. 7. Amended section substituted by Act of Congress, March 3, 1891, sec. 8. Further amended section substituted by Act of Congress, March 2, 1895. 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, consent of 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 Limitation or penalty under the copyright laws unless the same is commenced within of action in two years after the cause of action has arisen. SEC. 4969. In all actions arising under the laws respecting copyrights, the defendant may plead the general issue, and give the special matter 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. Copyright cases. Defences 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 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. without to amount. 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. 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. vest in Assignee in bank 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 . . . be at once vested in such assignee. SEC. 5596. All Acts of Congress passed prior to December 1, 1873, 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 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. ruptcy. Repeal of Acts. Acts passed since 1st 1873, not affected. December No right of action for infringement unless notice of entry. Optional modes of entry. Fees, Engraving, Cut" 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 SEC. 3. That in the construction of this Act the words "engraving," "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 with super 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 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. |