Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
During the pendency of an action the defendant may be required to
deposit all articles alleged to infringe copyright, making oath that he
has deposited all such, under regulations for his protection prescribed,
as the law directs, by the Supreme Court, which regulations are given in
full in the appendix of this volume; and when such articles are adjudged
to be infringements, he must deliver up for destruction not only such
infringing copies or devices, but also all plates, molds, matrices or
other means for making such infringing copies as the court may order,
making oath that he has delivered up all such.
The text covering these provisions, with the exception of subsection
(e), referring to mechanical musical reproductions, given in the chapter
on that subject, is as follows:
"(Sec. 25.) That if any person shall infringe the copyright in any work
protected under the copyright laws of the United States such person
shall be liable:
{Sidenote: Remedies specified}
"(a) To an injunction restraining such infringement;
"(b) To pay to the copyright proprietor such damages as the copyright
proprietor may have suffered due to the infringement, as well as all the
profits which the infringer shall have made from such infringement, and
in proving profits the plaintiff shall be required to prove sales only
and the defendant shall be required to prove every element of cost which
he claims, or in lieu of actual damages and profits such damages as to
the court shall appear to be just, and in assessing such damages the
court may, in its discretion, allow the amounts as hereinafter stated,
but in the case of a newspaper reproduction of a copyrighted photograph
such damages shall not exceed the sum of two hundred dollars nor be less
than the sum of fifty dollars, and such damages shall in no other case
exceed the sum of five thousand dollars nor be less than the sum of two
hundred and fifty dollars, and shall not be regarded as a penalty:
"First. In the case of a painting, statue, or sculpture, ten dollars for
every infringing copy made or sold by or found in the possession of the
infringer or his agents or employees;
"Second. In the case of any work enumerated in section five of this Act,
except a painting, statue, or sculpture, one dollar for every infringing
copy made or sold by or found in the possession of the infringer or his
agents or employees;
"Third. In the case of a lecture, sermon, or address, fifty dollars for
every infringing delivery;
"Fourth. In the case of dramatic or dramatico-musical or a choral or
orchestral composition, one hundred dollars for the first and fifty
dollars for every subsequent infringing performance; in the case of
other musical compositions, ten dollars for every infringing
performance;
{Sidenote: Impounding}
"(c) To deliver up on oath, to be impounded during the pendency of the
action, upon such terms and conditions as the court may prescribe, all
articles alleged to infringe a copyright;
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