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Page:United States Statutes at Large Volume 61 Part 1.djvu/686

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PUBLIC LAWS-CH. 391-JULY 30, 1947 Use of musical com- positions without li- cense agreement. Ante, p. 653. Religious or secular works. (d) DESTRUCTION OF' INFRINGING COPIES AND PLATES. -To deliver up on oath for destruction all the infringing copies or devices, as well as all plates, molds, matrices, or other means for making such infringing copies as the court may order. (e) RoYALTIES FOR USE OF MECHANICAL REPRODUCTION OF MUSICAL WORKs.-Whenever the owner of a musical copyright has used or permitted the use of the copyrighted work upon the parts of musical instruments serving to reproduce mechanically the musical work, then in case of infringement of such copyright by the unauthorized manufacture, use, or sale of interchangeable parts, such as disks, rolls, bands, or cylinders for use in mechanical music-producing machines adapted to reproduce the copyrighted music, no criminal action shall be brought, but in a civil action an injunction may be granted upon such terms as the court may impose, and the plaintiff shall be entitled to recover in lieu of profits and damages a royalty as provided in section 1, subsection (e), of this title: Provided also, That whenever any person, in the absence of a license agreement, intends to use a copyrighted musical composition upon the parts of instruments serving to reproduce mechanically the musical work, relying upon the compulsory license provision of this title, he shall serve notice of such intention, by registered mail, upon the copy- right proprietor at his last address disclosed by the records of the copyright office, sending to the copyright office a duplicate of such notice; and in case of his failure so to do the court may, in its dis- cretion, in addition to sums hereinabove mentioned, award the com- plainant a further sum, not to exceed three times the amount pro- vided by section 1, subsection (e), of this title, by way of damages, and not as a penalty, and also a temporary injunction until the full award is paid. (f) RULEs OF PROCEDURE. -Rules and regulations for practice and procedure under this section shall be prescribed by the Supreme Court of the United States. § 102. JURISDICTION OF COURTS IN ENFORCING REMEDIES.-Any court given jurisdiction under section 110 of this title may proceed in any action, suit, or proceeding instituted for violation of any provision hereof to enter a judgment or decree enforcing the remedies herein provided. § 103. JOINDER OF PROCEFEDINOS FOR DIFFEIENT REMEDIEs.- The pro- ceedings for an injunction, damages, and profits, and those for the seizure of infringing copies, plates, molds, matrices, and so forth, afore- mentioned, may be united in one action. § 104. WILLFUL INFRINGEMENT FOR PROFIT. - Any person who will- fully and for profit shall infringe any copyright secured by this title, or who shall knowingly and willfully aid or abet such infringement, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment for not exceeding one year or by a fine of not less than $100 nor more than $1,000, or both, in the dis- cretion of the court: Provided,however, That nothing in this title shall be so construed as to prevent the performance of religious or secular works such as oratorios, cantatas, masses, or octavo choruses by public schools, church choirs, or vocal societies, rented, borrowed, or obtained from some public library, public school, church choir, school choir, or vocal society, provided the performance is given for charitable or educational purposes and not for profit. § 105. FRAUDtULENT NOTICE OF CoPYRIHT, OR REMOVAL OR ALTER- ATION OF NOTIcE.-Any person who, with fraudulent intent, shall insert or impress any notice of copyright required by this title, or words of the same purport, in or upon any uncopyrighted article, or with fraudulent intent shall remove or alter the copyright notice upon any 662 [61 STAT. 4t.