476
COPYRIGHT
Proving
Newspaper reproduction of photo- graph; re- covery, $50-
$200
Mazimum
recovery,
$S>ooo
Minimum
recovery,
$250
Painting, sta- tue, or sculp- ture, $10 per copy
Other works, $1 per copy
Lectures, S50
Dramatic or musical works, $100 and $50 Other musi- cal composi- tions, $10 Delivering up infringing articles
Destruction
the copyright proprietor may have suffered due to the in- fringement, 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 discre- tion, allow the amounts as hereinafter stated, but in the case of a newspaper reproduction of a copyrighted photo- graph such damages shall not exceed the sum of two hun- dred 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 hun- dred and fifty dollars, and shall not be regarded as a pen- alty:
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 sec- tion five of this Act, except a painting, statue, or sculp- ture, 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-musi- cal or a choral or orchestral composition, one hundred dollars for the first and fifty dollars for every subse- quent infringing performance ; in the case of other mu- sical compositions, ten dollars for every infringing performance;
(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;
(d) To deliver up on oath for destruction all the infring- ing copies or devices, as well as all plates, molds, matrices
