XV
Remedies and Procedure
Protection and procedure It was for the protection of copyrights that the statute of Anne was passed and that statutory law thus began to replace English common law—a gain to authors sadly offset by its losses. But it was undoubtedly true that without statutory provision the proprietor of literary and similar property could not obtain the protection necessary for the enforcement of his rights. The new American code is comprehensive, detailed and specific in its legal provisions for protection and procedure, and in respect to punishment far beyond any copyright legislation on the statute books of any other nation.
Injunction The first protection given by the statute is the injunction usual in equity proceedings, following the precedent of early legislation.
Damages
Under previous American law, damages were levied primarily on infringing copies found in possession of the infringer or his agents, with the unfortunate result that when an infringer was successful in selling his edition, few, if any, copies were found on which to levy damages. The new code thoroughly corrects this defect by providing for specified damages on infringing copies "made or sold by or found in the possession of the infringer or his agents or employees." The plaintiff is entitled to damages and all profits and is required only to prove sales, while the defendant is required to prove the elements of cost. The damages—assessed as such and not as penalties so as to free copyright litigation from the restrictions of penal proceedings—are stated as one