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Page:United States Statutes at Large Volume 61 Part 1.djvu/685

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61 STAT.] 80rH CONG., 1ST SESS.-CH. 391-JULY 30, 1947 § 110. Jurisdiction of actions under laws. § 111. District in which actions may be brought. § 112. Injunctions; service and enforcement. § 113. Transmission of certified copies of papers for enforcement of injunction by other court. § 114. Review of orders, judgments, or decrees. § 115. Limitation of criminal proceedings. § 116. Costs; attorney's fees. § 101. INFRINGEMENT.-If any person shall infringe the copyright in any work protected under the copyright laws of the United States such person shall be liable: (a) INJUNCTION. - TO an injunction restraining such infringement; (b) DAMAGES AND PROFITS; AMOUNT; OTHER REEMEDIES. -To pay to the copyright proprietor such damages as the copyright proprietor may have suffered due to the infringement, 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 discretion, allow the amounts as hereinafter stated, but in case of a newspaper reproduction of a copyrighted photograph, such damages shall not exceed the sum of $200 nor be less than the sum of $50, and in the case of the infringement of an undramatized or nondramatic work by means of motion pictures, where the infringer shall show that he was not aware that he was infringing, and that such infringement could not have been reasonably foreseen, such damages shall not exceed the sum of $100; and in the case of an infringement of a copyrighted dramatic or dramatico- musical work by a maker of motion pictures and his agencies for distribution thereof to exhibitors, where such infringer shows that he was not aware that he was infringing a copyrighted work, and that such infringements could not reasonably have been foreseen, the entire sum of such damages recoverable by the copyright proprietor from such infringing maker and his agencies for the distribution to exhibitors of such infringing motion picture shall not exceed the sum of $5,000 nor be less than $250, and such damages shall in no other case exceed the sum of $5,000 nor be less than tile sum of $250, and shall not be regarlded as a penalty. But the foregoing except ions shall not deprive the copyright proprietor of any other rcnliedy given him under this law, nor shall the limitation as to the amount of recovery apply to infringements occurring after the actual notice to a defend- ant, either by service of process in a suit or other written notice served upon him. First. In the case of a painting, statue, or sculpture, $10 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 section 5 of this title, except a painting, statue, or sculpture, $1 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. $50 for every infringing delivery; Fourth. In the case of a dramatic or dramatico-musical or a choral or orchestral composition, $100 for the first and $50 for every subse- quent infringing performance; in the case of other musical composi- tions $10 for every infringing performance; (c) IMPOUNDING DURING ACTION. -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; 661 Newspaper repro- duction of copyright- ed photograph. Infringement by means of motion pic- tures.