Page:United States Statutes at Large Volume 44 Part 1.djvu/466

 § 19 TITLE 1*:.-c·< ·Jnly 1, 1909, menouos of copyright may be either in one of the forms prescribed herein or may consist of the following words; "Entered according to Act ot Oongreu, in the year. ———-, by A. B., ln the omce oi the Librarian of,G0l1§1‘€S8, at Washington "; or, at his option the word “Gopyright," together with the year the copyright was entered and the name of the party by whom it was taken ont; thus, "Copyrlght, 19--, by A; B." (Mar. 4, 1909, e. 3%, §§—18, 64, 35 Stat. 1079, 1088;- June 18, 1874, o. 301, § 1, 18 Stat. 79.) ~ · · ' 19; Same; place of application of § one notice in each. volume or nnaber of mwspaper, or perwdical.·—The_ notice of copy—~ right shall he applied, in the- case of a @1: or other printed publication, upon its title page or the page immediately following, or if a periodical either upon   title page or upon the urst page of text of each separate number or under ithe title l . heading, or if a musical work either upon its title page or the hrst page ot music. One notice of copyright in each volume or in oooh number of a newspaper or_ periodical published shall su§ee. (Mar. 4, 1909,.c. 326, §‘19,  Stat.·1079.‘)` , 20. Same; eiect of _· accidental omission fronr copy or eapix.—Where the copyright proprietor has sought to comply with the provisions ot this title with respect to {notice, the omission by accident or mistake of theprescribed notlee from a particuln r copy or copies shall not invalidate the copyright or prevent- recovery for infringement against any person who,” after actual notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an innocent iufringer who has been misled by the omission of the notice ;· and ln a suit for infringement no permanent injunction? shall he had unless the copyright proprietor shalhreimburse to `the_innocent·‘·i-nfringer his reasonable outlaydnnocently incurred it the court, in itsdisoretion; shall so direct. (Mar. 4, 1%9,·C. 320, §. M, 35 Stat. 1080.) r l P 5 o` G — 21. Ad interim protection of book published abroad;-In the case of a hook first published abroad in`. the English language, the deposit in the copyright odioe, not later than sixty days after its publication abroad, of one- complete copy of the foreign edition, with a request for the reservation of the éopyright and a statement of the name and nationality of the author and ot the copyright proprietor and ot the date of publication of the said book, shall secure to the author `or proprietor an ad, lnterhn copyright, which shall have all the- force and effect given to copyright by this title, and shall endure  the expl-. ’ ration of tour months after such deposit in the copyright olllee, (Mar. 4, 1909, c. 320, § 21, 35 Stat. 1080; Dec. l8,,191E c. 11, 41~Stat.3®.), l  _   _ ‘ 22, Sane; extension to full term.-—~Whénever witkn the period of such ad interim protection an authorined edition of such book shall be published within the United· States, 'in accordanoe with the manufacturing provisions pecllled in sec-‘·n tion 15 of this title, and whenever the provlélL1s of this title as to deposit of eeplw, registration, filing of ·a davit, and the printing of the ¢0PYrlght notice shall have been duly eosnplled with, _, the conyright shall be extended to endure in such book for the term provided in this tltm. (Mar. 4, _19Q9, c. 320, §‘22,‘ 35 Stat. .1089.) ‘ y °. ‘ 23. Mration; renewal.————The cmyright mcured by this tltle shall endure for twenty-elght years from the date; of Brat publlcation, whether the copyrighted work bears the author'! l true. naxne or is published anonymously or under. an assumed name: Provided, That in _ the case ot any mthuxnoua work l or of any periodical, cyelopedlc, or other composite work upon which the copyright was originally secured by the proprletor thereof, or of any work eopyrlghtm by a corporate body (otherwise than as asslgaee or licensee ot the individual author) or by an employer for whom suoh work _ is made for hire, the ·· proprietor ot such copyright shall be entitled to .a renewal and extension ot the copyright in such work for the further

Qrymaurs 452 term of trrenty-eight yearn when application for such renewal and egtension shall here been made to the copyright Oman, and Huly registered therein within one year fprior to the re;- pirntion of the original term of copyrigbt: And ;3rooiQL»{; further, That in the case of any other 'eopyrlghted work, in-' cluding a contribution by an individual author to a periodirzn or to a cyclopedic or other composite work when meh cnntribution hns,`been separntely registered, the antbcr of snob work, itstill living, orthe widow, widower, or children of too author, if the nuthorbe not living, or i£,snch anthor,·widow, widower, or-_ children be not living, then 1"Yse nntbofs execut¢n=._ or in the absence of n will, his next»of kln shall be entitled an n renewal and extension of the copyright; inysncn work for fl further. term of twenty-eight `yeare when appllution for such renewal and extension shell have been made to the copyright office and dulyregistered therein within one year prior to tho expiration of the original term or copjright: And p2·oz·inr»l `fnrther, That in default of the registration of such application for ‘ renewal and extension, the copyright in any work shell determine rt the expiration of ,twenty-eigbt - years from Bret publication. (Mer. 4, _1909,·c. 320, 5 23,'35;_Stnt. IOS0.) 0 24. _ Shane; renewal; snb g copyrights—-The copyright subsisting in any work onluly 1, 1909, may, at the expiratien_ of the term of twenty-eight yearsfrorn the time of recorddgj the title thereof as provided by former law, be renewed and extended, by the author of such work if still living, or the w°idow,. widower, or children of the author, if the nnthor he 1iofliving,· or if such author, widow, widower, or children be not·.1lviug·, then by the nuthor’3 executors, or in tbenbsenee of -a_wi1l,,his next of kin, for a finrther period of-twentygjgight years. if the work be a composite work ulxm which ¢€>P¥?. right was? originally secured by the proprietor thereof, tben such proprietor shall be entitle;} to the privilege of renewal nnelexteneion 'grnnted under this section; Pronidee, That appliesmm fm Suéth *`9995Y§],pp_&¤d_¢fXt¢1;$lo¤ Shall be mngle to the copy: ‘_ right 0Ece and duly registered tberein ‘ within- one year prior to the expiration of the existing term. (R. S. § 4953;·Mer. 4, 1909, c., 320, $5 24,- 64, 35]-Stat. 1080, 1088.)· , , 25, _InfringementL—-—If· any person wnball infringe the copy- right .in any work protected under the copyright lawn of the United States such person shall be liable: g r.(a)» injunction.-ii-(n) To an injunction rwmlning `snch infringement; » - ‘ _. _  · ‘(b) Damages and proit/s`; anmat; other rencdiea.-—g·(b) To. pay to the copyright proprietor such `ae the eopjright. proprietor niny have entered due. to the infrl@@t‘, as well as all the profits which ° the infringe: cshell have made from sncb infringement, and in proving pronts the ptnintm 'sinall be require? to prore 1 salw only andj the defendant,  be re— lqnired o prove every, element of cost which he claims, or in lieu of actual damages and profits snob damnges se to the court shall appear to be just, and in n lng ouch damages the court lmay, in its discretion, allow the amounts as berelnnfter stated, but in ¢&§""¤'f/3 newspaper reproduction of a. copyrighted photograph snob-  shell not exceed the sunf of $200 ·nor`be less than the ruin of $50, andln the casa of the infringement of a¤'une1¤-emanma or nondramntic work bjr means of motion plcturw, where the, intringer` shall show 0 that he was not aware that be wan infringing, and that such infringement could not have been rmsonamy forween, such 0 damages sbnll notrexceed the smnof $100; and in the case of an infringement ot · a qopyrignted dramatic or éramaticomusical work by a maker of motion pictures and his agenda for dlstribntion thereof to exhibitors, where such intringer rabowa that he was not. aware that be wes infringing a copy- righted work, and that such mri·;ngome¤u_ could not reasonably have been foreseen, the entire Sum` of snob damages repoverable by _ the copyright proprietor from such infringing mnket