Page:Copyright, Its History And Its Law (1912).djvu/523

 3- UNITED STATES SUPREME COURT RULES

Rules adopted by the Supreme Court of the United States for Practice and Procedure under Section 25 OF AN Act to amend and consolidate the Acts

RESPECTING COPYRIGHT, APPROVED MARCH 4, I9O9. To GO INTO EFFECT JUX,Y I, I9O9.

1. The existing rules of equity practice, so far as they may be applicable, shall be enforced in proceedings insti- tuted under section twenty-five (25) of the act of March fourth, nineteen hundred and nine, entitled "An act to amend and consolidate the acts respecting copyright."

2. A copy of the alleged infringement of copyright, if act- ually made, and a copy of the work alleged to be infringed, should accompany the petition, or its absence be explained ; except in cases of alleged infringement by the public per- formance of dramatic and dramatico-musical composi- tions, the delivery of lectures, sermons, addresses, and so forth, the infringement of copyright upon sculptures and other similar works and in any case where it is not feasible.

3. Upon the institution of any action, suit, or proceed- ing, or at any time thereafter, and before the entry of final judgment or decree therein, the plaintiff or complainant, or his authorized agent or attorney, may file with the clerk of any court given jurisdiction under section 34 of the act of March 4, 1909, an affidavit stating upon the best of his knowledge, information, and belief, the number and loca- tion, as near as may be, of the alleged infringing copies, records, plates, molds, matrices, etc., or other means for making the copies alleged to infringe the copyright, and the value of the same, and with such affidavit shall file with the clerk a bond executed by at least two sureties and ap- proved by the court or a commissioner thereof.