Page:United States Statutes at Large Volume 37 Part 1.djvu/512

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SIXTY-SECOND CONGRESS. Srss. II. Ch. 356. 1912. 489 description, with not less than two prints taken from different sections of a complete motion picture, of the work be a motion picture other than atlphotofplay; or of a photograph or other identifying reproduction egrep , if rt be a work of art or a lastic work or drawing. But the privilege of r tration of cn yri§rt secured hereunder shall not exempt the proprietor gem the de it of co ies, under sections twelve thirteen of thi Act, where til)? work is litter reprgduceg inrrhcoprgfs for sale. " th —I mh "mc.2. at anperson e eco? tinan ver, ,p.'rm, work protected under the copyright laws o the Unitgd tates such ""‘°"“°“· perspr; srlpall be liable: ch " a o an injunction restraining su mfnngem° ent; I¤l¤¤¤¤¤¤•· " (b) To pay to the copyright proprietor such damages as the copy- 1>•¤¤••¢•· right proprietor may have suffered due to the infringement, as well as all the profits which the infringer shall have made from such infrmgement, and in efproiits the laintilf shall be required to prove sales only an_ the endant shed 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 discretion, allow the amounts as hereinafter stated, but in case of a n aper reproduc· d}fg}{’§;§°;,’;{,{,‘; tion of a co dphotograph such damages sw not exceed the xnvhn. limit sum of twogrun ed ollars nor be less than the sum of fifty dollars, and in the case of the infringement of an rmdramatized or nondramatic work by means of motion picturm, where the shall show that he was not aware that he was infringing, and t such infringement could not have been reasonably foreseen such damages shall not exceed the sum of one hundred dollars; and in the case of ,,,§,fgc",,’,*§§,_”" °* an infringement of~a copyrighted dramatic or drsma.tico·musical work by a maker of motion pictures and his agencies for distribution thereof to exhibitors, where such s ows that he was not aware that he was infringing a copgrig ted work, and that such infringements could not reasonably ave been foreseen, the entire sum of such damages recoverable y the copyright proprietor from such ma er and his agencies for the distribution to exhibitors of suc mfringing motion picture shall not exceed the sum of five thousand dollars nor be less than two hundred and 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 hundred and fifty . dollars, and shall not be regarded as a penalty. But the foregoing °”*°' '°°•°"'· exceptions shall not deprive the copyizggziil proprietor of any other remedy given him under this law, nor the limitation as to the amonmt of recovery apply to infringements occurring after the actual‘ notice to a defendant, either by service of process m a suit or other written notice served upon him. hmmm "First. In the case of a painting statue, or sculpture, ten dollars qs, ’ for every copy made or sold by or found m the pcssenron of the inf er or his agents or employes; _ _ "Secon5. In the case of any work enumerated in section five of $g{*,},,_",jf¤’$,,¤,,{'°· this Act, except a painting statue, or sculpture, one dollar for every

 lcgpy made or sold by or found m the pomcssion of the m-

` eror entsorem o em; . rum, ,,,,,,,, fnBq.`h.ird. Intie cajehof E lgzture, sermon, or addrjes, fifty dollars ac. OY We infn! mg- 6 UVG i , , nruaad •¢e..¤¤•· "Four`i·rth. In the case of hydramatic or dramatrco-musical or a choral masons- (I" or orchestral composition, one hundred dollars for the first and Efty dollars for every subsequent performanee;_m the case of pther musical compositions ten ollars for every mfrrngrng perormance;