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COPYRIGHT

Full costs shall be allowed

Copyright distinct from property in material object' Transfer of any copy of cop3mghted work permitted

Copyright may be as- signed, mort- gaged, or bequeathed Assignment executed in foreign coun- try to be ac- knowledged

Assignments to be recorded

Register of copyrights to record assignments

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.

Sec. 41. That the copyright is distinct from the pro- perty in the material object copyrighted, and the sale or conveyance, by gift or otherwise, of the material object shall not of itself constitute a transfer of the copyright, nor shall the assignment of the copyright constitute a transfer of the title 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.

Sec. 42. That copyright secured under this or previous Acts of the United States may be assigned, granted, or mortgaged by an instrument in writing signed by the pro- prietor of the copyright, or may be bequeathed by will.

Sec. 43. That every assignment of copyright executed in a foreign country shall be acknowledged by the assignor before a consular officer or secretary of legation of the United States authorized by law to administer oaths or per- form notarial acts. The certificate of such acknowledge- ment under the hand and official seal of such consular offi- cer or secretary of legation shall be prima facie evidence of the execution of the instrument.

Sec. 44. That every assignment 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 valu- able consideration, without notice, whose assignment has been duly recorded.

Sec. 45. That the register of copyright shall, upon pay- ment of the prescribed fee, record such assignment, and shall return it to the sender with a certificate of record at- tached under seal of the copyright office, and upon the pay- ment of the fee prescribed by this Act he shall furnish to