Sec. 4967. Every person who shall print or publish any manuscript whatever without the consent of the author or proprietor first obtained, shall be liable to the author or proprietor for all damages occasioned by such injury.

Such publication may be restrained by an injunction.32

30 Brady vs. Daly, 175 U. S., 148. 31 Id. See also Balles vs. Outing Co., 175 U. S., 262.

32 Boucicault vs. Hart, 13 Blatcf., 47.

Limitation of Action in Coypright Cases. Sec. 4968. No action shall be maintained in any case of forfeiture or penalty under the copyright laws, unless the same is commenced within two years after the cause of action has arisen.

Sec. 4969. In all actions arising under the laws respecting copyrights, the defendant may plead the general issue, and give the special matter in evidence.

Sec. 4970. The circuit courts, and district courts having the jurisdiction of circuit courts, shall have power, upon bill in equity, filed by any party aggrieved, to grant injunctions to prevent the violation of any right secured by the laws respecting copyrights, according to the course and principles of courts of equity, on such terms as the court may deem reasonable.

For rules governing the use of injunctions in copyright cases, see subject of Equity Jurisprudence.33

An Act to Amend the Law Relating to Patents, Trade Marks and Copyrights.

Sec. 1. (Notice of Copyright.) That no person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title page or the page immediately following, if it be a book, or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected and completed as a work of the fine arts, by inscribing upon some visible portion thereof, or of the substance on which same shall be mounted, the following words, viz: "Entered according to act of

33 Vol. VII, Subject 20.

Congress, in the year................, by A. B., in the office of the Librarian of Congress, at Washington;" or, at his option the word, "Copyright," together with the year the copyright was entered, and the name of the party by whom it was taken out; thus - "Copyright, 18........, by A. B."

It is not necessary that the two copies of the book for which copyright is sought, which are to be deposited with the librarian of Congress, should contain any notice of the copyright.34

Sec. 2. (Fee for recording assignment or for copy.) That for recording and certifying any instrument of writing for the assignment of a copyright the Librarian of Congress shall receive from the persons to whom the service is rendered, one dollar; and for every copy of an assignment, one dollar; said fee to cover, in either case, a certificate of the record, under seal of the Librarian of Congress; and all fees so received shall be paid into the Treasury of the United States.

Sec. 3. (Engravings, Cuts, and Prints.) That in the construction of this act, the words "Engraving," "Cut" and "print" shall be applied only to pictorial illustrations or works connected with the fine arts, and no prints or labels designed to be used for any other article of manufacture shall be entered under the copyright law, but may be registered in the Patent Office. And the Commissioner of Patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in conformity with the regulations provided by law as to copyright of prints, except that there shall be paid for recording the title of any print or label, not a trade mark, six dollars, which shall cover the expense of furnishing a copy of the record under the seal of the Commissioner of Patents, to the party entering the same.

34 Osgood vs. A. S. Aloe Instrument Co., 69 Fed. Rep., 291.

Sec. 4. (Repeal.) That all laws and parts of laws inconsistent with the foregoing provisions be and the same are hereby repealed.

Sec. 5. (When act takes effect). That this act shall take effect on and after the first day of August, eighteen hundred and seventy-four.

An Act to Amend the Statutes in Relation to Copyright

Copyright Mark; where may be put on design, etc., That manufacturers of designs for molded decorative articles, tiles, plaques, or articles of pottery or metal subject to copyright may put the copyright mark prescribed by section forty-nine hundred and sixty two of the Revised Statutes, and acts additional thereto, upon the back or bottom of such articles, or in such other place upon them as it has heretofore been usual for manufacturers of such articles to employ for the placing of manufacturers, merchants, and trade marks thereon.

Volumes May be Copyrighted Separately

Sec. 11. That for the purpose of this act each volume of a book in two or more volumes, when such volumes are published separately and the first one shall not have been issued before this act shall take effect, and each number of a periodical shall be considered an independent publication, subject to the form of copyrighting as above.

When Act Takes Effect

Sec. 12. That this act shall go into effect on the first day of July, anno Domini eighteen hundred and ninety-one.

Applicable to Citizens of Foreign Countries Permitting Similar Rights

Sec. 13. That this act shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may, at its pleasure, become a party to such agreement. The existence of either of the conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time as the purposes of this act may require.