otherwise by any other court or judge possessing jurisdiction of the defendants. (July 30, 1947, ch. 391, 61 Stat. 664; Oct. 31, 1951, ch. 655, § 16 (c), 65 Stat. 716.)

AMENDMENTS

1951-Act Oct. 31, 1951, substituted in first sentence "court mentioned in section 1338 of Title 28" for "such court".

CROSS REFERENCES

Action for injunction and damages for infringement of copyright, see section 101 of this title.

Permanent injunction denied unless innocent infringer reimbursed outlay, see section 21 of this title.

Power of court to punish for contempt for disobedience to decrees or orders, see section 401 of Title 18, Crimes and Criminal Procedure.

Temporary injunction for failure to give notice of use of musical copyright, see section 101 (e) of this title. FEDERAL RULES OF CIVIL PROCEDURE

Filing bond

Upon granting preliminary injunction, see rule 65 (c), Title 28, Appendix, Judiciary and Judicial Procedure.

Upon granting injunction pending appeal, see rule 62 (c) Title 28, Appendix, Judiciary and Judicial Procedure.

Injunctions, generally, see rule 65 Title 28, Appendix, Judiciary and Judicial Procedure.

Judicial

Territorial extent of effective service of process, see rule 4 (f), Title 28, Appendix, Judiciary and Procedure.

FEDERAL FORMS OF CIVIL PROCEDURE

Form of complaint for injunction and damages, see form 17, Title 28, Appendix, Judiciary and Judicial Procedure.

§ 113. Transmission of certified copies of papers for enforcement of injunction by other court.

The clerk of the court, or judge granting the injunction, shall, when required so to do by the court hearing the application to enforce said injunction, transmit without delay to said court a certified copy of all the papers in said cause that are on file in his office. (July 30, 1947, ch. 391, 61 Stat. 664.)

CROSS REFERENCES

Injunction, right to in general, see sections 101 and 112 of this title.

§ 114. Review of orders, judgments, or decrees.

The orders, judgments, or decrees of any court mentioned in section 1338 of Title 28 arising under the copyright laws of the United States may be reviewed on appeal in the manner and to the extent now provided by law for the review of cases determined in said courts, respectively. (July 30, 1947, ch. 391, 61 Stat. 665; Oct. 31, 1951, ch. 655, § 17, 65 Stat. 717.)

AMENDMENTS

1951-Act Oct. 31, 1951, substituted "1338 of Title 28," for "110 of this title".

§ 115. Limitations.

(a) Criminal proceedings.

§ 116

No criminal proceedings shall be maintained under the provisions of this title unless the same is commenced within three years after the cause of action arose.

(b) Civil actions.

No civil action shall be maintained under the provisions of this title unless the same is commenced within three years after the claim accrued. (July

30, 1947, ch. 391, 61 Stat. 665; Sept. 7, 1957, Pub. L. 85-313, § 1, 71 Stat. 633.)

AMENDMENTS

1957-Pub. L. 85-313 substituted catchline "Limitations" for "Limitations of criminal proceedings", and designated existing provisions as subsec. (a), and added subsec. (b).

EFFECTIVE DATE OF 1957 AMENDMENT

Pub. L. 85-313, § 2, provided that: "The amendments made by this Act [amending this section] shall take effect one year after the date of enactment of this Act [Sept. 7, 1957] and shall apply to all actions commenced on or after such effective date."

CROSS REFERENCES

Insertion of fraudulent notice of copyright as a misdemeanor, see section 105 of this title.

Limitation of non-capital offenses, see section 3282 of Title 18, Crimes and Criminal Procedure. Willful infringement for profit a misdemeanor, see section 104 of this title.

§ 116. Costs; attorney's fees.

In all actions, suits, or proceedings under this title, except when brought by or against the United States or any officer thereof, full costs shall be allowed, and the court may award to the prevailing party a reasonable attorney's fee as part of the costs. (July 30, 1947, ch. 391, 61 Stat. 665.)

CROSS REFERENCES

Action for infringement of copyright, see section 101 of this title.

Costs not taxable against United States, see section 2412 (a) of Title 28, Judiciary and Judicial Procedure, and rule 54 (d) of Federal Rules of Civil Procedure, Title 28, Appendix.

Costs of prosecution taxable in non-capital proceedings, see section 1918 of Title 28, Judiciary and Judicial Procedure.

Fraudulent notice of copyright as a misdemeanor, see section 105 of this title.

Injunctions, see section 112 of this title.

Taxable costs and attorney's fees awarded to plaintiff for failure to pay royalties upon demand, see section 1 (e) of this title.

Taxation of costs, see section 1920 of Title 28, Judiciary and Judicial Procedure.

Willful infringement for profit as a misdemeanor, see section 104 of this title.

1954 Act Apr. 13, 1954, ch. 137, § 2, 68 Stat. 52, added item 216.

§201. Copyright office; preservation of records.

All records and other things relating to copyrights required by law to be preserved shall be kept and preserved in the copyright office, Library of Congress, District of Columbia, and shall be under the control of the register of copyrights, who shall, under the direction and supervision of the Librarian of Congress, perform all the duties relating to the registration of copyrights. (July 30, 1947, ch. 391, 61 Stat. 665.) § 202. Register, assistant register, and subordinates.

There shall be appointed by the Librarian of Congress a Register of Copyrights, and one Assistant Register of Copyrights, who shall have authority during the absence of the Register of Copyrights to attach the copyright office seal to all papers issued from the said office and to sign such certificates and other papers as may be necessary. There shall also be appointed by the Librarian such subordinate assistants to the register as may from time to time be authorized by law. (July 30, 1947, ch. 391. 61 Stat. 665.)

§ 203. Same; deposit of moneys received; reports.

The Register of Copyrights shall make daily deposits in some bank in the District of Columbia, designated for this purpose by the Secretary of the Treasury as a national depository, of all moneys received to be applied as copyright fees, and shall make weekly deposits with the Secretary of the Treasury, in such manner as the latter shall direct, of all copyright fees actually applied under the provisions of this title, and annual deposits of sums received which it has not been possible to apply as copyright fees or to return to the remitters, and shall also make monthly reports to the Secretary of the Treasury and to the Librarian of Congress of the applied copyright fees for each calendar month, together with a statement of all remittances received, trust funds on hand, moneys refunded, and unapplied balances. (July 30, 1947, ch. 391, 61 Stat. 665.)

CROSS REFERENCES

Fees, see section 215 of this title.

§ 204. Same; bond.

The Register of Copyrights shall give bond to the United States in the sum of $20,000, in form to be approved by the General Counsel for the Department of the Treasury and with sureties satisfactory to the Secretary of the Treasury, for the faithful discharge of his duties. (July 30, 1947, ch. 391, 61 Stat. 666.)

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees

Bond of Librarian of Congress, see section 136 of Title 2, The Congress.

§ 205. Same; annual report.

The Register of Copyrights shall make an annual report to the Librarian of Congress, to be printed in the annual report on the Library of Congress, of all copyright business for the previous fiscal year, including the number and kind of works which have been deposited in the copyright office during the fiscal year, under the provisions of this title. (July 30, 1947, ch. 391, 61 Stat. 666.)

CROSS REFERENCES

Classification of works for registration, see section 5 of this title.

§ 206. Seal of copyright office.

The seal used in the copyright office on July 1, 1909, shall be the seal of the copyright office, and by it all papers issued from the copyright office requiring authentication shall be authenticated. (July 30, 1947, ch. 391, 61 Stat. 666.)

CROSS REFERENCES

Authenticated copies of records and papers of department or agency admissible, see section 1733 (b) of Title 28, Judiciary and Judicial Procedure.

FEDERAL RULES OF CIVIL PROCEDURE

Proof of official record, see rule 44, Title 28, Appendix, Judiciary and Judicial Procedure.

§ 207. Rules for registration of claims.

Subject to the approval of the Librarian of Congress, the Register of Copyrights shall be authorized to make rules and regulations for the registration of claims to copyright as provided by this title. (July 30, 1947, ch. 391, 61 Stat. 666.)

CROSS REFERENCES

Classification of works for registration, see section 5 of this title.

§ 208. Record books in copyright office.

The Register of Copyrights shall provide and keep such record books in the copyright office as are required to carry out the provisions of this title, and whenever deposit has been made in the copyright office of a copy of any work under the provisions of this title he shall make entry thereof. (July 30. 1947, ch. 391, 61 Stat. 666.)

CROSS REFERENCES

Deposit of copies after publication, see section 13 of this title.

Works not reproduced for sale, see section 12 of this title.

§ 209. Certificate of registration; effect as evidence; receipt for copies deposited.

In the case of each entry the person recorded as the claimant of the copyright shall be entitled to a certificate of registration under seal of the copyright office, to contain the name and address of said claimant, the name of the country of which the author of the work is a citizen or subject, and when an

alien author domiciled in the United States at the time of said registration, then a statement of that fact, including his place of domicile, the name of the author (when the records of the copyright office shall show the same), the title of the work which is registered for which copyright is claimed, the date of the deposit of the copies of such work, the date of publication if the work has been reproduced in copies for sale, or publicly distributed, and such marks as to class designation and entry number as shall fully identify the entry. In the case of a book, the certificate shall also state the receipt of the affidavit, as provided by section 17 of this title, and the date of the completion of the printing, or the date of the publication of the book, as stated in the said affidavit. The Register of Copyrights shall prepare a printed form for the said certificate, to be filled out in each case as above provided for in the case of all registrations made after July 1, 1909, and in the case of all previous registrations so far as the copyright office record books shall show such facts, which certificate, sealed with the seal of the copyright office, shall, upon payment of the prescribed fee, be given to any person making application for the same. Said certificate shall be admitted in any court as prima facie evidence of the facts stated therein. In addition to such certificate the register of copyrights shall furnish, upon request, without additional fee, a receipt for the copies of the work deposited to complete the registration. (July 30, 1947, ch. 391, 61 Stat. 666.) CROSS REFERENCES

Action for infringement of copyright, see section 101 of this title.

Deposit of copies

After publication, see section 13 of this title. Of works not reproduced for sale, see section 12 of this title.

Fee for certificate of registration, see section 215 of this title.

Registration of claim and issuance of certificate, see section 11 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 11 of this title.

§ 210. Catalog of copyright entries; effect as evidence. The Register of Copyrights shall fully index all copyright registrations and assignments and shall print at periodic intervals a catalog of the titles of articles deposited and registered for copyright, together with suitable indexes, and at stated intervals shall print complete and indexed catalog for each class of copyright entries, and may thereupon, if expedient, destroy the original manuscript catalog cards containing the titles included in such printed volumes and representing the entries made during such intervals. The current catalog of copyright entries and the index volumes herein provided for shall be admitted in any court as prima facie evidence of the facts stated therein as regards any copyright registration. (July 30, 1947, ch. 391, 61 Stat. 666.)

CROSS REFERENCES Certificate of registration under seal as prima facie evidence of facts stated therein, see section 209 of this title.

Classification of works for registration, see section 5 of this title.

Recordation of assignments, see section 30 of this title.

§ 211. Same; distribution and sale; disposal of proceeds.

The said printed current catalogs as they are issued shall be promptly distributed by the Superintendent of Documents to the collectors of customs of the United States and to the postmasters of all exchange offices of receipt of foreign mails, in accordance with revised list of such collectors of customs and postmasters prepared by the Secretary of the Treasury and the Postmaster General, and they shall also be furnished in whole or in part to all parties desiring them at a price to be determined by the Register of Copyrights for each part of the catalog not exceeding $75 for the complete yearly catalog of copyright entries. The consolidated catalogs and indexes shall also be supplied to all persons ordering them at such prices as may be fixed by the Register of Copyrights, and all subscriptions for the catalogs shall be received by the Superintendent of Documents, who shall forward the said publications; and the moneys thus received shall be paid into the Treasury of the United States and accounted for under such laws and Treasury regulations as shall be in force at the time. (July 30, 1947, ch. 391, 61 Stat. 667; Apr. 27, 1948, ch. 236, § 1, 62 Stat. 202; Oct. 27, 1965, Pub. L. 89–297, § 1, 79 Stat. 1072.)

AMENDMENTS

1965-Pub. L. 89-297 increased the maximum price for the complete yearly catalog of copyright entries from $25 to $75.

1948-Act Apr. 27, 1948, among other changes, provided for distribution of catalogs by Superintendent of Documents and raised maximum cost of catalog from $10 to $25.

EFFECTIVE DATE OF 1965 AMENDMENT

Section 3 of Pub. L. 89–297 provided that: "This Act [amending this section and section 215 of this title] shall take effect thirty days after its enactment [Oct. 27, 1965]."

EFFECTIVE DATE

Section 3 of act Apr. 27, 1948, provided that amendments of this section and section 215 of this title by act Apr. 27, 1948, shall take effect thirty days after April 27, 1948.

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

§ 212. Records and works deposited in Copyright Office open to public inspection; taking copies of entries. The record books of the copyright office, together with the indexes to such record books, and all works deposited and retained in the copyright office, shall be open to public inspection; and copies may be taken of the copyright entries actually made in such record books, subject to such safeguards and regulations as shall be prescribed by the Register of Copyrights and approved by the Librarian of Congress. (July 30, 1947, ch. 391, 61 Stat. 667.)

§ 213. Disposition of articles deposited in office.

Of the articles deposited in the copyright office under the provisions of the copyright laws of the United States, the Librarian of Congress shall determine what books and other articles shall be transferred to the permanent collections of the Library of Congress, including the law library, and what other books or articles shall be placed in the reserve collections of the Library of Congress for sale or exchange, or be transferred to other governmental libraries in the District of Columbia for use therein. (July 30, 1947, ch. 391, 61 Stat. 667.)

§ 214. Destruction of articles deposited in office remaining undisposed of; removal of by author or proprietor; manuscripts of unpublished works. Of any articles undisposed of as above provided, together with all titles and correspondence relating thereto, the Librarian of Congress and the Register of Copyrights jointly shall, at suitable intervals, determine what of these received during any period of years it is desirable or useful to preserve in the permanent files of the copyright office, and, after due notice as hereinafter provided, may within their discretion cause the remaining articles and other things to be destroyed: Provided, That there shall be printed in the Catalog of Copyright Entries from February to November, inclusive, a statement of the years of receipt of such articles and a notice to permit any author, copyright proprietor, or other lawful claimant to claim and remove before the expiration of the month of December of that year anything found which relates to any of his productions deposited or registered for copyright within the period of years stated, not reserved or disposed of as provided for in this title. No manuscript of an unpublished work shall be destroyed during its term of copyright without specific notice to the copyright proprietor of record, permitting him to claim and remove it. (July 30, 1947, ch. 391, 61 Stat. 667.)

CROSS REFERENCES

Deposit of copies of works not reproduced for sale, see section 12 of this title.

§ 215. Fees.

The Register of Copyrights shall receive, and the persons to whom the services designated are rendered shall pay, the following fees:

For the registration of a claim to copyright in any work, including a print or label used for articles of merchandise, $6; for the registration of a claim to renewal of copyright, $4; which fees shall include a certificate for each registration: Provided, That only one registration fee shall be required in the case of several volumes of the same book published and deposited at the same time: And provided further, That with respect to works of foreign origin, in lieu of payment of the copyright fee of $6 together with one copy of the work and application, the foreign author or proprietor may at any time within six

months from the date of first publication abroad deposit in the Copyright Office an application for registration and two copies of the work which shall be accompanied by a catalog card in form and content satisfactory to the Register of Copyrights.

For every additional certificate of registration, $2. For certifying a copy of an application for registration of copyright, and for all other certifications, $3.

For recording every assignment, agreement, power of attorney or other paper not exceeding six pages, $5; for each additional page or less, 50 cents; for each title over one in the paper recorded, 50 cents additional.

For recording a notice of use, or notice of intention to use, $3, for each notice of not more than five titles; and 50 cents for each additional title.

For any requested search of Copyright Office records, works deposited, or other available material, or services rendered in connection therewith, $5, for each hour of time consumed. (July 30, 1947, ch. 391, 61 Stat. 668; Apr. 27, 1948, ch. 236, § 2, 62 Stat. 202; June 3, 1949, ch. 71, § 4, 63 Stat. 154; Oct. 27, 1965, Pub. L. 89-297, § 2, 79 Stat. 1072.)

AMENDMENTS

1965-Pub. L. 89-297 amended section generally and, among other changes, increased the registration fee from $4 to $6, the registration renewal fee from $2 to $4, the fee for additional certificates of registration from $1 to $2, the fees for certifications and for recording a notice of use from $2 to $3, and the fees for recording assignments, agreements, powers of attorney or other papers not exceeding six pages and for each hour of time consumed on record searches from $3 to $5, and added the 83 fee for recording a notice of intention to use.

1949-Act June 3, 1949, added last proviso to second paragraph.

1948-Act Apr. 27, 1948, among other changes, increased fees generally.

EFFECTIVE DATE OF 1965 AMENDMENT Amendment of section by Pub. L. 89-297 effective thirty days after Oct. 27, 1965, see section 3 of Pub. L. 89-297, set out as a note under section 211 of this title.

RULES OF PRACTICE; INFRINGEMENT

PROCEEDINGS

AS AMENDED TO DECEMBER 31, 1970

The Rules of Practice set out hereunder were adopted by the Supreme Court of the United States to govern the procedure under section 25 of act March 4, 1909, now incorporated in section 101 of this title.

1. Proceedings in actions brought under section 25 of the Act of March 4, 1909, entitled "An Act to amend and consolidate the acts respecting copyright",' including proceedings relating to the perfecting of appeals, shall be governed by the Rules of Civil Procedure, in so far as they are not inconsistent with these rules. Amended by Supreme Court June 5, 1939, eff. Sept. 1, 1939.

FEDERAL RULES OF CIVIL PROCEDURE Applicability of Federal Rules of Civil Procedure to copyright actions, see rule 81 (a), Title 28, Appendix, Judiciary and Judicial Procedure.

2. A copy of the alleged infringement of copyright, if actually made, and a copy of the work alleged to be infringed, should accompany the petition, or its absence be explained; except in cases of alleged infringement by the public performance of dramatic and dramatico-musical compositions, the delivery of lectures, sermons, addresses, and so forth, the infringement of copyright upon sculptures and other similar works and in any case where it is not feasible. FEDERAL RULES OF CIVIL PROCEDURE

Exhibit to a pleading, see rule 10 (c), Title 28, Appendix, Judiciary and Judicial Procedure.

FEDERAL FORMS OF CIVIL PROCEDURE

Form of complaint, see form 17, Title 28, Appendix, Judiciary and Judicial Procedure.

3. Upon the institution of any action, suit or proceeding, or at any time thereafter, and before the entry of final judgment or decree therein, the plaintiff or complainant, or his authorized agent or attorney, may file with the clerk of any court given jurisdiction under section 34 of the Act of March 4, 1909,' an affidavit stating upon the best of his knowledge, information and belief, the number and location, as near as may be, of the alleged infringing copies, records, plates, molds, matrices, etc., or other means for making the copies alleged to infringe the copyright, and the value of the same, and with such affidavit shall file with the clerk a bond executed by at least two sureties and approved by the court or a commissioner thereof.

1 Sections 25 and 34 of the Copyright Act of March 4, 1909, as amended, became sections 101 and 110, respectively, of this title by the act of July 30, 1947, ch. 391, 61 Stat. 652. Sections 101 (f) and 110 were repealed by act June 25, 1948, ch. 646, § 39, 62 Stat. 992, effective Sept. 1, 1948. The subject matter of the repealed provisions is now covered by sections 1338 and 2072 of Title 28, Judiclary and Judicial Procedure.

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4. Such bond shall bind the sureties in a specified sum, to be fixed by the court, but not less than twice the reasonable value of such infringing copies, plates, records, molds, matrices, or other means for making such infringing copies, and be conditioned for the prompt prosecution of the action, suit or proceeding; for the return of said articles to the defendant, if they or any of them are adjudged not to be infringements, or if the action abates, or is discontinued before they are returned to the defendant; and for the payment to the defendant of any damages which the court may award to him against the plaintiff or complainant. Upon the filing of said affidavit and bond, and the approval of said bond, the clerk shall issue a writ directed to the marshal of the district where the said infringing copies, plates, records, molds, matrices, etc., or other means of making such infringing copies shall be stated in said affidavit to be located, and generally to any marshal of the United States, directing the said marshal to forthwith seize and hold the same subject to the order of the court issuing said writ, or of the court of the district in which the seizure shall be made.

FEDERAL RULES OF CIVIL PROCEDURE

Bond upon granting of preliminary injunction, see rule 65 (c), Title 28, Appendix, Judiciary and Judicial Procedure.

Voluntary dismissal, see rule 41.

5. The marshal shall thereupon seize said articles or any smaller or larger part thereof he may then or thereafter find, using such force as may be reasonably necessary in the premises, and serve on the defendant a copy of the affidavit, writ, and bond by delivering the same to him personally, if he can be found within the district, or if he can not be found, to his agent, if any, or to the person from whose possession the articles are taken, or if the owner, agent, or such person can not be found within the district, by leaving said copy at the usual place of abode of such owner or agent, with a person of suitable age and discretion, or at the place where said articles are found, and shall make immediate return of such seizure, or attempted seizure, to the court. He shall also attach to said articles a tag or label stating the fact of such seizure and warning all persons from in any manner interfering therewith.

6. A marshal who has seized alleged infringing articles, shall retain them in his possession, keeping them in a secure place, subject to the order of the court.

7. Within three days after the articles are seized, and a copy of the affidavit, writ and bond are served as hereinbefore provided, the defendant shall serve upon the clerk a notice that he excepts to the amount of the penalty of the bond, or to the sureties of the plaintiff or complainant, or both, otherwise he shall be deemed to have waived all objection to the amount of the penalty of the bond and the sufficiency of the sureties thereon. If the court sustain