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 or other means for making such infringing copies as the court may order;

(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 mechani- cally 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 cylin- ders 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 to recover in lieu of pro- fits and damages a royalty as provided in section one, sub- section (e), of this Act: Provided also, That whenever any royalty 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 dis- closed 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 herein above 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 and regulations for practice and procedure under this section shall be prescribed by the Supreme Court of the United States.

Sec. 26. That any court given jurisdiction under sec- tion thirty-four of this Act may proceed in any action, suit, or proceeding instituted for violation of any provision hereof to enter a judgment or decree enforcing the herein provided.

Sec. 27. That the proceedings for an injunction, dam- ages, and profits, and those for the seizure of infringing