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
The United States courts have authority to enter the decrees necessary
to enforce the remedies provided by the law. Important provisions of the
new code provide that civil action in copyright cases may be brought "in
the district of which the defendant or his agent is an inhabitant or in
which he may be found"--thus preventing avoidance by the defendant
possible under earlier law; and also that any injunction granted in any
one district may be operative throughout the United States--a provision
adopted into the law from recent legislation intended to prevent the
evasion of injunctions, particularly by "fly by night" dramatic
companies passing from one state or court jurisdiction into another, but
usefully applicable also throughout the whole range of copyright
infringements. Criminal proceedings under the copyright act may not be
brought after three years from the commission of the offense.
Under the former laws the District courts also had certain--or
uncertain--jurisdiction. The distinction between the District courts and
the Circuit courts of the United States, both of which are courts of
first instance, has been so complicated and uncertain as to be
practically impossible of statement--a situation which has led to a
measure for the abolition of the distinction and the provision of a
single court in each federal district having original jurisdiction in
the first instance, from which appeal will go to the Circuit Court of
Appeals and thence to the U. S. Supreme Court, or in certain cases
direct to the Supreme Court.
{Sidenote: Text of procedure provisions}
The text of these provisions is as follows:
"(Sec. 26.) That any court given jurisdiction under section thirty-four
of this Act may proceed in any action, suit, or proceeding instituted
for violation of any provision hereof to enter a judgment or decree
enforcing the remedies herein provided.
{Sidenote: Proceedings united in one action}
"(Sec. 27.) That the proceedings for an injunction, damages, and
profits, and those for the seizure of infringing copies, plates, molds,
matrices, and so forth, aforementioned, may be united in one action."
{Sidenote: Jurisdiction in copyright cases}
"(Sec. 34.) That all actions, suits, or proceedings arising under the
copyright laws of the United States shall be originally cognizable by
the circuit courts of the United States, the district court of any
Territory, the supreme court of the District of Columbia, the district
courts of Alaska, Hawaii, and Porto Rico, and the courts of first
instance of the Philippine Islands.
"(Sec. 35.) That civil actions, suits, or proceedings arising under this
Act may be instituted in the district of which the defendant or his
agent is an inhabitant, or in which he may be found.
{Sidenote: Injunction provisions}
Public-domain text, read in full here on John Shaqi.
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