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Page:United States Statutes at Large Volume 61 Part 1.djvu/682

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PUBLIC LAWS-CH. 391-JULY 30, 1947 Works in which copyright was subsist- ing on July 1, 1909. of the United States from type set therein; or, if the text be pro- duced by lithographic process, or photoengraving process. that such process was wholly performed within the limits of the United States and that the printing of the text and binding of the said book have also been performed within the limits of the United States. Such affidavit shall state also the place where and the establishment or establishments in which such type was set or plates were made or lithographic process, or photoengraving process or printing and binding were performed and the date of the completion of the print- ing of the book or the date of publication. § 18. MAKING FALSE AFFIDAVIT.- Any person who, for the purpose of obtaining registration of a claim to copyright, shall knowingly make a false affidavit as to his having complied with the above condi- tions shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000, and all of his rights and privileges under said copyright shall thereafter be forfeited. § 19. NOTICE; FoRM.-The notice of copyright required by section 10 of this title shall consist either of the word "Copyright" or the abbreviation "Copr.", accompanied by the name of the copyright proprietor, and if the work be a printed literary, musical, or dramatic work, the notice shall include also the year in which the copyright was secured by publication. In the case, however, of copies of works specified in subsections (f) to (k), inclusive, of section 5 of this title, the notice may consist of the letter C enclosed within a circle, thus ©, accompanied by the initials, monogram, mark, or symbol of the copy- right proprietor: Provided,That on some accessible portion of such copies or of the margin, back, permanent base, or pedestal, or of the substance on which such copies shall be mounted, his name shall appear. But in the case of works in which copyright was subsisting on July 1, 1909, the notice of copyright may be either in one of the forms pre- scribed herein or may consist of the following words: "Entered accord- ing to Act of Congress, in the year -- ,by A.B., intheofficeofthe Librarian of Congress, at Washington"; or, at his option, the word "Copyright", together with the year the copyright was entered and the name of the party by whom it was taken out; thus, "Copyright, 19-, by A. B." § 20. SAME; PLACE or APPLICATION or; ONE NOTICE IN EACH VOL- UME OR NUMBER OF NEWSPAPER OR PFRIODICAL.-The notice of copyright shall be applied, in the case of a book or other printed publication, upon its title page or the page immediately following, or if a periodical either upon the title page or upon the first page of text of each separate number or under the title heading, or if a musical work either upon its title page or the first page of music. One notice of copyright in each volume or in each number of a newspaper or periodical published shall suffice. § 21. SAiME; EFFE r OF ACCIDENTAL OMISSION FROM COPY OR CoPIES.-W here the copyright proprietor has sought to comply with the provisions of this title with respect to notice, the omission by accident or mistake of the prescribed notice from a particular copy or copies shall not invalidate the copyright or prevent recovery for infringement against any person who, after actual notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an innocent infringer who has been misled by the omission of the notice; and in a suit for infringement no permanent injunction shall be had unless the copyright proprietor shall reimburse to the innocent infringer his reasonable outlay inno- cently incurred if the court, in its discretion, shall so direct. [61 STAT.