Chapter 356. To amend sections five, eleven, and twenty-five of an Act entitled “An Act to amend and consolidate the Acts respecting copyrights,” approved March fourth, nineteen hundred and nine
1,383 words·~6 min read·
/statutes-at-large/vol-37/chapter-356-2142981·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 356.— An Act To amend sections five, eleven, and twenty-five of an Act entitled “An Act to amend and consolidate the Acts respecting copyrights,” approved March fourth, nineteen hundred and nine. August 24, 1912.[[H. R. 24224](/us/bill/62/hr/24224).][[Public, No. 303](/us/pl/62/303).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Copyrights.Vol 35, pp. 1076, 1078, 1081. That sections five, eleven, and twenty-five of the Act entitled “An Act to amend and consolidate the Acts respecting copyrights,” approved March fourth, nineteen hundred and nine, be amended to read as follows:
" “Sec. 5. Clarification of applications.Vol. 35, p. 1076, amended. That the application for registration shall specify to which of the following classes the work in which copyright is claimed belongs: “(a) Books, including composite and cyclopedic works, directories, gazetteers, and other compilations; “(b) Periodicals, including newspapers; “(c) Lectures, sermons, addresses (prepared for oral delivery); “(d) Dramatic or dramaticomusical compositions; “(e) Musical compositions;
“(f) Maps; “(g) Works of art; models or designs for works of art; “(h) Reproductions of a work of art; “(i) Drawings or plastic works of a scientific or technical character; “(j) Photographs; “(k) Prints and pictorial illustrations; “(l) Motion pictures, etc., added.Motion-picture photoplays; “(m) Motion pictures other than photoplays: *Proviso*.Subject matter not limited, etc.“*Provided, nevertheless*, That the above specifications shall not be held to limit the subject matter of copyright as defined in section four of this Act, nor shall any error in classification invalidate or impair the copyright protection secured under this Act. ” “Sec. 11.
Works not reproduced for sale.Vol. 35, p. 1078, amended. That copyright may also be had of the works of an author, of which copies are not reproduced for sale, by the deposit, with claim of copyright, of one complete copy of such work if it be a lecture or similar production or a dramatic, musical, or dramaticomusical composition; of a title and description, with one print taken Motion pictures, etc., added.from each scene or act, if the work be a motion-picture photoplay; of a photographic print if the work be a photograph; of a title and 489description, with not less than two prints taken from different sections of a complete motion picture, if the work be a motion picture other than a photoplay; or of a photograph or other identifying reproduction thereof, if it be a work of art or a plastic work or drawing.
But the privilege of registration of copyright secured hereunder shall not exempt the copyright proprietor from the deposit of copies, under sections twelve and thirteen of this Act, where the work is later reproduced in copies for sale, ” “Sec. 25. That if any person shall infringe the copyright in anyInfringements.Vol. 35, p. 1081, amended. work protected under the copyright laws of the United States such person shall be liable: “(a) To an injunction restraining such infringement;Injunctions.
“(b) To pay to the copyright proprietor such damages as the copyrightDamages. 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 assessing such damages the court may, in its discretion, allow the amounts as hereinafter stated, but in case of a newspaper reproductionNewspaper reproductions of photographs, limit. 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 in the case of the infringement of an undramatized or nondramatic work by means of motion pictures, where the infringer shall show that he was not aware that he was infringing, and that such infringement could not have been reasonably foreseen, such damages shall not exceed the sum of one hundred dollars; and in the case ofMotion pictures of dramatic works. an infringement of a copyrighted dramatic or dramaticomusical work by a maker of motion pictures and his agencies for distribution thereof to exhibitors, where such infringer shows that he was not aware that he was infringing a copyrighted work, and that such infringements could not reasonably have been foreseen, the entire sum of such damages recoverable by the copyright proprietor from such infringing maker and his agencies for the distribution to exhibitors of such infringing motion picture shall not exceed the sura of five thousand dollars nor be less than two hundred and 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.
But the foregoingOther remedies. exceptions shall not deprive the copyright proprietor of any other remedy given him under this law, nor shall the limitation as to the amount of recovery apply to infringements occurring after the actual notice to a defendant, either by service of process in a suit or other written notice served upon him. “First. In the case of a painting, statue, or sculpture, ten dollarsPaintings, statuary, etc. for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees;
“Second. In the case of any work enumerated in section five ofBooks, maps, etc.Vol. 35, p. 1076. 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; “Third. In the case of a lecture, sermon, or address, fifty dollarsLectures, sermons, etc. for every infringing delivery; “Fourth. In the case of a dramatic or dramaticomusical or a choralDramatic, etc., compositions. or orchestral composition, one hundred dollars for the first and fifty dollars for every subsequent infringing performance; in the ease of other musical compositions ten dollars for every infringing performance; 490 “
(c)Delivery of Infringing article. 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; “
(d)Destruction of plates, etc. 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. ‘ ‘
(e)Use of mechanical reproduction of musical works. 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 entitled Royalty.Vol. 35, p. 1075.*Proviso*.Notice of intention to use.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. Rules, etc., of procedure.“Rules and regulations for practice and procedure under this section shall be prescribed by the Supreme Court of the United States.” " Approved, August 24, 1912.