The act of 1909 gives an _interim_ protection to a book published abroad in the English language before publication in the United States, the deposit in the copyright office, not later than thirty days after its publication abroad, of one complete copy of the foreign edition, with a request for the reservation of the copyright and a statement of the name and nationality of the author and copyright proprietor, securing copyright for thirty days from the date of deposit. Any person infringing a copyright work is liable to an injunction, and to pay such damages as the copyright proprietor may have suffered by the infringement; in lieu of actual damages and profits the courts may award such damages as appear to be just, and in assessing them may, at its discretion, allow the amounts mentioned below, except that in the case of a newspaper reproduction of a copyrighted photograph such damages must not exceed the sum of two hundred and fifty dollars nor be less than fifty dollars, and in no other case must the damages be more than five thousand dollars or less than two hundred and fifty dollars: (1) In the case of a painting, statue or sculpture, ten dollars for any infringing copy made or sold or found in the possession of the infringer or his agents or employees; (2) in the case of any work enumerated in the classification given before, except a painting, statue or sculpture, one dollar for every infringing copy; (3) in the case of a lecture, sermon or address, fifty dollars for every infringing delivery; (4) 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; all infringing copies and devices must also be delivered up for destruction. The act gives full control over his compositions to a musical composer, and the right to make any arrangement or setting of it, or of the melody of it, in any system of notation or form of record from which it may be read or reproduced. His right to control the reproduction of his music by mechanical instruments is restricted (1) to cover only music published and copyrighted after the act went into effect; (2) to include a musical composition by a foreign composer only in the case of a citizen of a foreign state that grants to citizens of the United States similar rights; (3) where the owner of a musical copyright has permitted the use of his work upon parts of instruments serving to reproduce the composition mechanically, permission for a similar use of such work must be accorded to any other person on the payment of a fixed royalty of two cents on each part manufactured. The act makes a clear distinction between the property in the copyright and that in the material object representing the copyright, and enacts that the sale or conveyance of the material object shall not of itself constitute a transfer of the copyright. Transfer of copyright in the United States is to be effected by an instrument in writing signed by the proprietor of the copyright, or the copyright may be bequeathed by will. Assignment of copyright executed in a foreign country must be acknowledged by the assignor before a consular officer of the United States. Every assignment of copyright must be recorded in the copyright office within three calendar months after its execution in the United States or within six months without the limits of the United States. The importation into the United States is forbidden of any piratical copies of a copyrighted book or of any copies not produced in accordance with the manufacturing provisions of the act (although authorized by the author or proprietor), but importation is allowed to any society or institution incorporated for educational, literary, philosophical, scientific or religious purposes, or for the encouragement of the fine arts, or to any State school, college, &c., or to free public libraries, when importation is for use and not for sale. The act of 1891 allowed "_two_ copies in any one invoice" to be imported, but by the act of 1909 not more than _one_ copy is to be imported in one invoice.
Villages Journal
Encyclopaedia Britannica, 11th Edition, Volume 7, Slice 3 — Part 216
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