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2 Story, 115.

2 Blatchf., 47, 85.

4 McLean, 315.

7 How., 811.

first obtained in writing, signed in presence

of two or more witnesses, print, publish, or 4 Wash., 490. import, or, knowing the same to be so printed, published, or imported, shall sell or expose to sale any copy of such book, such offender shall forfeit every copy thereof to said proprietor, and shall also forfeit and pay such damages as may be recovered in a civil action by such proprietor in any court of competent jurisdiction.

Infringement of copyright map,

&c.

16, 27, v. 4, p. 438.

1 Story, 18. 2 Story, 115.

2 Blatch. 47.

3 Story, 787.

512.

309.

100. If any person, after the recording of the title of any map, chart, musical composi3 Feb., 1831, ch. tion, print, cut, engraving, or photograph, or chromo, or of the description of any painting, drawing, statue, statuary, or model or 2 Wood. & Min., design intended to be perfected and executed 4 McLean, 301, as a work of the fine arts, as herein provided, shall, within the term limited, and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, or import, either in whole or in part, or by varying the main design with intent to evade the law, or, knowing the same to be so printed, published, or imported, shall sell or expose to sale any copy of such map or other article, as aforesaid, he shall forfeit to the said proprietor all the plates on which the same shall be copied, and every sheet thereof, either copied or printed, and shall further forfeit one dollar for every sheet of the same found in his

possession, either printing, printed, copied, published, imported, or exposed for sale; and in case of a painting, statue, or statuary, he shall forfeit ten dollars for every copy of the same in his posession, or which have by him been sold or exposed for sale; one moiety thereof to the proprietor and the other to the use of the United States, to be recovered by action in any court of competent jurisdiction.

copyright dra

tion.

18 Aug., 1856,

pp. 138, 139.

101. Any person publicly performing or Infringement of representing any dramatic composition for matic composi which a copyright has been obtained, without the consent of the proprietor thereof, or ch. 169, 81, v. 11, his heirs or assigns, shall be liable for damages therefor, to be recovered by action in any court of competent jurisdiction; said damages in all cases to be assessed at such sum, not less than one hundred dollars for the first, and fifty dollars for every subsequent performance, as to the court shall appear to be just.

manuscripts.

3 Feb., 1831, ch.

16, 29. v. 4, p. 438.

5 McLean, 41,

22 How., Pr., 207. 8 Pet., 657.

102. Any person who shall print or pub- Infringement of lish any manuscript whatever, without the consent of the author or proprietor first obtained, (if such author or proprietor be a cit- 332. izen of the United States or resident therein,) McLean, 301. shall be liable to said author or proprietor for all damages occasioned by such injury, to be recovered by action on the case in any court of competent jurisdiction.

103. Nothing herein contained shall be Foreign works

or imported.

3 Feb., 1831, ch.

may be printed construed to prohibit the printing, publishing, importation, or sale of any book, map, 16, ¿ 8, v. 14, p. 438. chart, dramatic or musical composition, print, cut, engraving, or photograph, written, composed, or made by any person not a citizen of the United States nor resident therein.

Limitation of time of action.

3 Feb., 1831, ch.

104. No action shall be maintained in any case of forfeiture or penalty under the copy16, ¿ 13, v. 4, p. 439. right laws unless the same is commenced within two years after the cause of action has arisen.

Pleading.

105. In all actions arising under the laws 3 Feb., 1831, ch. respecting copyrights the defendant may plead the general issue, and give the special matter in evidence.

16, 10, v. 4, p. 438.

Actions cognizable by circuit court.

ch. 19, 1, v. 3, p.

481.

336.

27.

4 McLean. 401.

17 How., 455.

4 Duer, 382.

106. All actions, suits, controversies, and cases arising under the copyright laws of the 15 Feb., 1819, United States shall be originally cognizable, as well in equity as at law, whether civil or 5 McLean, 38, penal in their nature, by the circuit courts 2 Wood. & Min., of the United States, or any district court having the jurisdiction of a circuit court, or in the supreme court of the District of Columbia, or any Territory. And the court shall have power, upon bill in equity filed by any party aggrieved, to grant injunctions to prevent the violation of any right secured. by said laws, according to the course and principles of courts of equity, on such terms as the court may deem reasonable.

Appeals to Su

107. A writ of error or appeal to the SuUnited States." preme Court of the United States shall lie

prome Court,

ch. 37, 1, v. 12, p.

from all judgments and decrees of any court, 18 Feb., 1861, in any action, suit, controversy, or case touch- 130. ing copyrights, in the same manner and under the same circumstances as in other judgments and decrees of such courts, without regard to the sum or value in controversy.

allowed.

16, 12, v. 4, pp. 438, 439.

Transfer of

books, &c., to

gress.

108. In all recoveries under the copyright Full cost to be laws, either for damages, forfeitures, or pen-3 Feb., 1831, ch. alties, full costs shall be allowed thereon. - 109. All books, maps, charts, and other publications, of every nature whatever, here- Library of Contofore deposited in the Department of the Interior, according to the laws regulating copyrights, together with all the records of said department, and all records concerning the same which were removed by the Department of the Interior from the Department of State, shall be removed to and be under the control of the Librarian of Congress, who is hereby charged with all the duties pertaining to copyrights required by law.

110. The clerk of each of the district courts of the United States shall transmit forthwith to the Librarian of Congress all books, maps, prints, photograp[h]s, music, and other publications, of every nature whatever, deposited in the said clerk's office, and not heretofore sent to the Department of the Interior, at Washington, together with all records of copyright in his possession, including the

Repeal and effect.

titles so recorded, and the dates of record: Provided, That where there are duplicate copies of legal, scientific, or mechanical works, one copy of each may be deposited in the library of the Patent Office, for which a receipt shall be given by the Commissioner of Patents to the Librarian of Congress.

VI. Repealing Clause and Schedule.

its

111. Repeal and its effect.

111. The acts and parts of acts set forth in the schedule of acts cited, hereto annexed, are hereby repealed, without reviving any acts or parts of acts repealed by any of said acts, or by any clause or provisions therein: Provided, however, That the repeal hereby enacted, shall not affect, impair, or take away any right existing under any of said laws; but all actions and causes of action, both in law and in equity, which have arisen under any of said laws, may be commenced and prosecuted, and, if already commenced, may be prosecuted to final judgment and execution in the same manner as though this act had not been passed, excepting that the remedial provisions of this act shall be applicable to all suits and proceedings hereafter commenced: And provided also, That all applications for patents pending at the time of the passage of this act, in cases where the

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