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
This provision (sec. 28) includes however a proviso exempting from
prevention or punishment the performance of certain musical works for
charitable or educational purposes and not for profit, which proviso is
given in full in the chapter on dramatic and musical copyright.
{Sidenote: Penalty for false notice of copyright}
Provision is also made in the new statute for the punishment by fine,
but not by imprisonment, of any person who with fraudulent intent
affixes a copyright notice or its equivalent on an uncopyrighted work,
or removes or alters the copyright notice in a copyrighted work, the
fine being not less than $100 nor more than $1000; and of any person who
shall knowingly issue, sell or import any article bearing notice of
United States copyright which has not been copyrighted in this country,
the fine in this case being $100, according to these provisions:
"(Sec. 29.) That any person who, with fraudulent intent, shall insert or
impress any notice of copyright required by this Act, or words of the
same purport, in or upon any uncopyrighted article, or with fraudulent
intent shall remove or alter the copyright notice upon any article duly
copyrighted shall be guilty of a misdemeanor, punishable by a fine of
not less than one hundred dollars and not more than one thousand
dollars. Any person who shall knowingly issue or sell any article
bearing a notice of United States copyright which has not been
copyrighted in this country, or who shall knowingly import any article
bearing such notice or words of the same purport, which has not been
copyrighted in this country, shall be liable to a fine of one hundred
dollars."
Further provisions as to importation are given in the chapter on that
subject.
{Sidenote: Allowance of costs}
In addition to injunction, damages and profits, delivery of copies,
etc., the courts may allow costs inclusive of attorney's fees as
provided:
"(Sec. 40.) That in all actions, suits, or proceedings under this Act,
except when brought by or against the United States or any officer
thereof, full costs shall be allowed, and the court may award to the
prevailing party a reasonable attorney's fee as part of the costs."
It seems impracticable and undesirable to attempt in this chapter a
statement of the procedure under former copyright laws in this country,
or under the legal methods in vogue in other countries, for which the
legal authorities on local procedure and practice should be consulted.
{Sidenote: The new British code}
Public-domain text, read in full here on John Shaqi.
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