Stat. 1831. SEC. 3. And be it further enacted, That in all cases of Feb. 3, renewal of copyright under this act, such author or proprietor shall, within two months from the date of said Publication renewal, cause a copy of the record thereof to be pubof renewal. lished in one or more of the newspapers printed in the United States, for the space of four weeks. Copy of title to be deposited. SEC. 4. And be it further enacted, That no person shall be entitled to the benefit of this act, unless he shall, before publication, deposit a printed copy of the title of such book, or books, map, chart, musical composition, print, cut, or engraving, in the clerk's office of the district court of the district wherein the author or proprietor shall reside, and the clerk of such court is hereby To be re- directed and required to record the same thereof forthwith, in a book to be kept for that purpose, in the words following (giving a copy of the title, under the seal of the court, to the said author or proprietor, whenever he Form of re- shall require the same :) "District of to wit: Be corded. cord. Fee. it remembered, that on the day of anno domini, A. B., of the said district, hath deposited in this office the title of a book, (map, chart, or otherwise, as the case may be,) the title of which is in the words following, to wit: (here insert the title ;) the right whereof he claims as author (or proprietor as the case may be ;) in conformity with an act of Congress, entitled An act to amend the several acts respecting copyrights.' C. D. clerk of the district." For which record, the clerk shall be entitled to receive, from the person claiming such right as aforesaid, fifty cents; and the like sum for every copy, under seal, actually given to such person or his assigns. Copy of And the author or proprietor of any such book, map, chart, deposited. musical composition, print, cut, or engraving, shall, within three months from the publication of said book, map, chart, musical composition, print, cut, or engraving, deliver or cause to be delivered a copy of the same to the works and clerk of said district. And it shall be the duty of the copies to be work to be List of transmitted clerk of each district court, at least once in every year, to the Se- to transmit a certified list of all such records of copycretary of State. right, including the titles so recorded, and the dates of record, and also all the several copies of books or other works deposited in his office according to this act, to the Secretary of State, to be preserved in his office. Stat. Feb. 3, 1831. SEC. 5. And be it further enacted, That no person Notice of shall be entitled to the benefit of this act, unless he shall copyright to be printgive information of copyright being secured, by causing ed, &c. to be inserted in the several copies of each and every edition published during the term secured on the titlepage, or the page immediately following, if it be a book, or, if a map, chart, musical composition, print, cut, or engraving, by causing to be impressed on the face thereof, or if a volume of maps, charts, music, or engravings, upon the title or frontispiece thereof, the following words, viz: "Entered according to act of Congress, in the year , by A. B., in the clerk's office of the district court "(as the case may be.) ment of of SEC. 6. And be it further enacted, That if any other Infringeperson or persons, from and after the recording the title copyright of any book or books, according to this act, shall, within to books. the term or terms herein limited, print, publish, or import, or cause to be printed, published, or imported, any copy of such book, or books, without the consent of the person legally entitled to the copyright thereof, first had and obtained in writing, signed in presence of two or more credible witnesses, or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such book without such consent in writing; then Penalty. such offender shall forfeit every copy of such book to the person legally, at the time, entitled to the copyright thereof; and shall also forfeit and pay fifty cents for every such sheet which may be found in his possession, either printed, or printing, published, imported, or exposed to sale, contrary to the intent of this act, the one moiety thereof to such legal owner of the copyright as aforesaid, and the other to the use of the United States, to be recovered by action of debt in any court having competent jurisdiction thereof. SEC. 7. And be it further enacted, That, if any person Stat. 1831. Infringement of copyright maps, &c. or persons, after the recording the title of any print, cut, Feb. 3, or engraving, map, chart, or musical composition, according to the provisions of this act, shall, within the term or terms limited by this act, engrave, etch, or work, sell, or copy, or cause to be engraved, etched, worked, or sold, or copied, either on the whole, or by varying, adding to, or diminishing the main design with intent to evade the law; or shall print or import for sale, or cause to be printed, or imported for sale, any such map, chart, musical composition, print, cut or engraving, or any parts thereof, without the consent of the proprietor or proprietors of the copyright thereof, first obtained in writing, signed in the presence of two credible witnesses; or, knowing the same to be so printed or imported without such consent, shall publish, sell, or expose to sale, or in any manner dispose of any such map, chart, musical composition, engraving, cut, or print, without such consent, as aforesaid; then such offender or offenders shall forfeit the plate or plates on which such map, chart, musical composition, engraving, cut, or print, shall be copied, and also all and every sheet thereof so copied or printed as aforesaid, to the proprietor or proprietors of the copyright thereof; and shall further forfeit one dollar for every sheet of such map, chart, musical composition, print, cut, or engraving, which may be found in his or their possession, printed or published, or exposed to sale, contrary to the true intent and meaning of this act; the one moiety thereof to the proprietor or proprietors, and the other moiety to the use of the United States, to be recovered in any court having competent jurisdiction thereof. Penalty. Privilege restricted to citizens or SEC. 8. And be it further enacted, That nothing in this act shall be construed to extend to prohibit the importation or vending, printing, or publishing, of any map, chart, book, musical composition, print or engraving, written, composed, or made, by any person not being a citizen of the United States, nor resident within the jurisdiction thereof. SEC. 9. And be it further enacted, That any person or Stat. II. 1831. scripts persons who shall print or publish any manuscript whatever without the consent of the author or legal proprietor first obtained as aforesaid, (if such author or proprietor be a citizen of the United States, or resident therein,) Publication shall be liable to suffer and pay to the author or proprie of manutor, all damages occasioned by such injury, to be re- without covered by a special action on the case founded this upon act, in any court having cognizance thereof; and the Remedy. several courts of the United States empowered to grant injunctions to prevent the violation of the rights of au- Injunction thors and inventors, are hereby empowered to grant to prevent. injunctions, in like manner, according to the principles of equity, to restrain such publication of any manuscript as aforesaid. consent, &c. SEC. 10. And be it further enacted, That, if any per- General son or persons shall be sued or prosecuted, for any mat- issue, &c. ter, act, or thing done under or by virtue of this act, he or they may plead the general issue and give the special matter in evidence. of copy right. SEC. 11. And be it further enacted, That, if any per- False entry son or persons, from and after the passing of this act, shall print or publish any book, map, chart, musical composition, print, cut, or engraving, not having legally acquired the copyright thereof, and shall insert or impress that the same hath been entered according to act of Congress, or words purporting the same, every person so offending shall forfeit and pay one hundred dollars: one Penalty. moiety thereof to the person who shall sue for the same, and the other to the use of the United States, to be recovered by action of debt, in any court of record having cognizance thereof. SEC. 12. And be it further enacted, That, in all re- Costs. coveries under this act, either for damages, forfeitures, or penalties, full costs shall be allowed thereon, any thing in any former act to the contrary notwithstanding. SEC. 13. And be it further enacted, That no action or Limitation prosecution shall be maintained, in any case of forfeiture of action or penalty under this act, unless the same shall have been i Stat. II. commenced within two years after the cause of action shall have arisen. Feb. 3, 1831. Repeal of act of May 31, 1790, c. 15. SEC. 14. And be it further enacted, That the "Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned," passed May thirty-first, one thousand seven hundred and Act of April ninety, and the act supplementary thereto, passed April twenty-ninth, one thousand eight hundred and two, shall be, and the same are hereby, repealed: saving, always, such rights as may have been obtained in conformity to their provisions. 29, 1802, c. 36. Provisions of this act of copy rights, &c. SEC. 15. And be it further enacted, That all and sevfor security eral the provisions of this act, intended for the protection and security of copyrights, and providing remedies, pento extend to alties, and forfeitures, in case of violation thereof, shall existing copyrights. be held and construed to extend to the benefit of the legal proprietor or proprietors of each and every copyright heretofore obtained, according to law, during the term thereof, in the same manner as if such copyright had been entered and secured according to the directions of this act. Extension of existing SEC. 16. And be it further enacted, That, whenever a copyrights, copyright has been heretofore obtained by an author or authors, inventor, designer, or engraver, of any book, map, chart, print, cut, or engraving, or by a proprietor of the same if such author or authors, or either of them, such inventor, designer, or engraver, be living at the passage of this act, then such author or authors, or the survivor of them, such inventor, engraver, or designer, shall continue to have the same exclusive right to his book, chart, map, print, cut, or engraving, with the benefit of each and all the provisions of this act, for the security thereof, for such additional period of time as will, together with the time which shall have elapsed from the first entry of such copyright, make up the term of twentyeight years, with the same right to his widow, child, or children, to renew the copyright, at the expiration thereof, as is above provided in relation to copyrights originally |