Page:United States Statutes at Large Volume 47 Part 1.djvu/728

 704 72d CONGRESS. SESS. I. CH. 509 . JULY 19, 1932. certified copies of preser ved fo r futu re ref erence. Certi fied c opies of any such cer- eer tif icat es. tificates shall, upon request, be furnished by the Register of Copy- rights or the Commissioner of Patents, as the case may be, either during or af ter sa id exp ositio n, and at the rates charg ed by such officials for certified copies of other matter ; and any such certified copies shall be admissible in evidence in lieu of the original certifi- cates in any Federal court. clesproecmtent oSEC .2. hat it shall be unlawful for any person without authority unlaw- ful. of the proprietor thereof to copy, republish, imitate, reproduce, or practice at any time during the period specified in section 6 hereof any subject matter protected by registration as aforesaid at either of the branch offices at said exposition which shall be imported for exhibition at said exposition, and there exhibited and which is sub- stantially different in a copyright, trade-mark, or patent sense, as the case may be, from anything publicly used, described in a printed publi catio n or othe rwise know n in the Unite d Sta tes of Am erica Liabilities. prior to such re gistration at eit her of said bra nch offices as a foresaid and any person who shall infringe upon the rights thus protected under this Act shall be liable- Injunction . (a) To an injunction restraining such infringement issued by any Pecuniary damages. Federal court having jurisdiction of the defendant ; (b) To pay to the proprietor such damages as the proprietor may have su ffered due t o such infri ngemen t, as w ell as all t he pro fits which the infringer may have made by reason of such infringement ; and in pr oving pro fits the plaintiff shall be required to prove sales only an d the defend ant sh all be requi red to prove every elemen t of cost which he claims or in lieu of actual damages and profits such damages as to the court shall appear to be just ; To deliver articles that infringe. (c) To deliver upon an oath, to be impounded during the pendency of the Act, upon such terms and conditions as the court may prescribe, all articles found by the court after a preliminary hearing to infringe Destruction of in- the rights herein protected ; and fringing articles. (d ) To deli ver upon an oath, for destr uction, all artic les found by the court at final hearing to infringe the rights herein protected. Punishment. SEC. 3. That an y person who willf ully and for profi t shall i nfringe an rig ht pr otec ted u nder this Act, or w ho s hall knowi ngly and wilfully aid or abet such infringement, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment for not exceeding one year or by a fine of not less than Terms of protection. $100 nor more than $1,000, or both, in the discretion of the court. SEC. 4. That all the Acts, regulations, and provisions which apply to protecting copyrights, trade-marks, designs, and patents for inventions or discoveries not inconsistent with the provisions of this Act shall apply to certificates issued pursuant to this Act, but no notice of copyright on the work shall be required for protection Copyright, etc ., ac• hereunder. bops. SE o. 5. That nothing i n this Ac t contain ed shall bar or p revent th e proprietor of the subject matter covered by any certificate issued pursuant to this Act from obtaining protection for such subject matter under the provisions of the copyright, trade-mark, or patent laws of the United States of America, as the case may be, in force prior hereto upon making application and complying with the provisions prescribed by such laws ; and nothing in this Act contained shall prevent, lessen, impeach, or avoid any remedy at law or in equity under any certificate of copyright registration, certificate of trade-mark registration, or letters patent for inventions or discoveries or designs issued under the copyright, trade-mark, or patent laws of the United States of America, as the case may be, in force prior hereto which any owner thereof and of a certificate issued thereon