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eight years from the time of recording the title thereof, in the manner hereinafter directed.(1)
2149. If, at the expiration of the aforesaid term of years, such author, inventor, designer, engraver, or any of them, where the work had been ori. ginally composed and made by more than one person, be still living, and a citizen or citizens of the United States, or resident therein, or being dead, shall have left a widow, or child, or children, either or all of them living, the same exclusive right shall be continued to such author, designer, or engraver, or, if dead, then to such widow and child, or children, for the fur. ther term of fourteen years: Provided, That the title of the work so se. cured shall be a second time recorded, and all such other regulations as are herein required in regard to original copy-rights, be complied with in respect to such renewed copy-right, and that within six months before the expiration of the first term.(2)
2150. In all cases of renewal of copy-right under this act, such author or proprietor shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more of the newspapers printed in the United States, for the space of four weeks.(3)
2151. No person shall be entitled to the benefit of this act, unless he shall, before publication, deposite a printed copy of the title of such book, or books, map, chart, musical composition, print, cut, or engraving, in the clerk's office of the district court of the district wherein the author or proprietor shall reside, and the clerk of such court is hereby directed and required to record the same forthwith, in a book to be kept for that pur. pose, in the words following (giving a copy of the title, under the seal of the court, to the said author or proprietor, whenever he shall require the same :) “ District of to wit: Be it remembered that on the day of anno domini
A. B. of the said district, hath deposited in this office the title of a book, (map, chart or otherwise, as the case may be,) the title of which is in the words following, to wit: (here insert the title ;) the right whereof he claims as author (or proprietor as the case may be ;) in conformity with an act of congress, entiiled, ' An act to amend the several acts respecting copy-rights.' C. D. clerk of the district.” For which record, the clerk shall be entitled to receive, from the person claiming such right as aforesaid, fifty cents; and the like sum for every copy, under seal, actually given to such person or his assigns. And the author or proprietor of any such book, map, chart, musical composition, print, cut, or engraving, shall, within three months from the publication of said book, map, chart, musical composition, print, cut, or engraving, deliver or cause 10 be delivered, a copy of the same to the clerk of said district. And it shall be the duty of the clerk of each district court, at least once in every year, to transmit a certified list of all such records of copy-right, including the titles so recorded, and the dates of record, and also all the several copies of books or other works deposited in his office, according to this act, to the secretary of state, to be preserved in his office.(4)
2152. No person shall be entitled to the benefit of this act, unless he shall give information of copy-right being secured, by causing to be inserted, in the several copies of each and every edition published during the term secured on the title page, or the page immediately following, if it be a book, or, if a map, chart, musical composition, print, cut, or engraving, by causing to be impressed on the face thereof, or if a volume of maps, charts, music, or engravings, upon the title or frontispiece thereof, the following words, viz: “Entered according to act of congress, in the year
(1) Act 3d Feb. 1831, sec. 1. (2) Ibid. sec. 2.
(3) Ibid. sec. 3. (4) Ibid. sec. 4.
by A. B., in the clerk's office of the district court of (as the case may be.)(1)
2153. If any other person or persons, from and after the recording the title of any book or books, according to this act, shall, within the term or terms herein limited, print, publish, or import, or cause to be printed, published, or imported, any copy of such book, or books, without the consent of the person legally entitled to the copy-right thereof, first had and obtain. ed in writing, signed in presence of two or more credible witnesses, or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such book without such consent in writing; then such offender shall forfeit every copy of such book to the person legally, at the time, entitled to the copy-right thereof; and shall also forfeit and pay fifty cents for every such sheet which may be found in his possession, either printed or printing, published, imported, or exposed to sale, contrary to the intent of this act, the one moiety thereof to such legal owner of the copy-right as aforesaid, and the other to the use of the United States, to be recovered by action of debt in any court having competent jurisdiction thereof.(2)
2154. If any person or persons, after the recording the title of any print, cut, or engraving, map, chart, or musical composition, according to the provisions of this act, shall, within the term or terms limited by this act, en. grave, etch, or work, sell, or copy, or cause to be engraved, ciched, worked, or sold, or copied, either on the whole, or by varying, adding to, or diminishing the main design, with intent to evade the law, or shall print or im. port for sale, or cause to be printed or imported for sale, any such map, chart, musical composition, print, cut or engraving, or any parts thereof, without the consent of the proprietor or proprietors of the copy-right thereof, first obtained in writing, signed in the presence of two credible witnesses; or knowing the same to be so printed or imported without such consent, shall publish, sell, or expose to sale, or in any manner dispose of any such map, chart, musical composition, engraving, cut, or print, without such consent, as aforesaid ; then such offender or offenders shall forfeit the plate or plates on which such map, chart, musical composition, engraving, cut or print, shall be copied, and also all and every sheet thereof so copied or printed, as aforesaid, to the proprietor or proprietors of the copy-right thereof; and shall further forfeit one dollar for every sheet of such map, chart, musical composition, print, cut, or engraving, which may be found in his or their possession, printed or published, or exposed to sale, contrary to the true in. tent and meaning of this act; the one moiety thereof to the proprietor or proprietors, and the other moiety to the use of the United States, to be recovered in any court having competent jurisdiction thereof.(3)
2155. Nothing in this act shall be construed to extend to prohibit the im portation or vending, printing, or publishing, of any map, chart, book, mu. sical composition, print, or engraving, written, composed, or made, by any person not being a citizen of the United States, nor resident within the juris. diction thereof.(4)
2156. Any person or persons, who shall print or publish any manuscript whatever, without the consent of the author or legal proprietor first obtain. ed as aforesaid, (if such author or proprietor be a citizen of the United States, or resident therein,) shall be liable to suffer and pay to the author or proprietor, all damages occasioned by such injury, to be recovered by a
(1) Act 3d Feb. 1831, sec. 5. (2) Ibid. sec. 6.
(3) Ibid. sec. 7. (4) Ibid. sec. 8.
special action on the case founded upon this act, in any court having cog. nizance thereof: and the several courts of the United States empowered io grant injunctions to prevent the violation of the rights of authors and inventors, are hereby empowered to grant injunctions in like manner, accord. ing to the principles of equity, to restrain such publication of any manuscript as aforesaid.(1)
2157. If any person or persons shall be sued or prosecuted, for any matter, act, or thing done under or by virtue of this act, he or they may plead the general issue, and give the special matter in evidence.(2)
2158. If any person or persons, from and after the passing of this act, shall print or publish any book, map, chart, musical composition, print, cut, or engraving, not having legally acquired the copy-right thereof, and shall insert or impress that the same hath been entered according to act of cop. gress, or words purporting the same, every person so offending shall forfeit and pay one hundred dollars ; one moiety thereof to the person who shall sue for the same, and the other to the use of the United States, to be recovered by action of debt, in any court of record having cognizance thereof (3)
2159. In all recoveries under this act, either for damages, forfeitures, or penalties, full costs shall be allowed thereon, any thing in any former act to the contrary notwithstanding (4)
2160. No action or prosecution shall be maintained, in any case of for. feiture or penalty under this act, unless the same shall have been commenc. ed within two years after the cause of action shall have arisen.(5)
2161. The “ Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned," passed May thirty-first, one thousand seven hundred and ninety, and the act supplementary thereto, passed April twenty-ninth, one thousand eight hundred and two, shall be, and the same are hereby repealed : saving, always, such rights as may have been obtained in conformity to their provisions (6)
2162. All and several the provisions of this act, intended for the protection and security of copy-rights, and providing remedies, penalties, and for feitures, in case of violation thereof, shall be held and construed to extend to the benefit of the legal proprietor or proprietors of each and every copyright heretofore obtained, according to law, during the term thereof, in the same manner as if such copy-right had been entered and secured according to the directions of this act.(7)
2163. Whenever a copy-right has been heretofore obtained by an author or authors, inventor, designer, engraver, of any book, map, chart, print, cut, or engraving, or by a proprietor of the same : if such author or authors, or either of them, such inventor, designer, or engraver, be living at the passage of this act, then such author or authors, or the survivor of them, such inventor, engraver, or designer, shall continue to have the same ex. clusive right to his book, chart, map, print, cut, or engraving, with the benefit of each and all the provisions of this act, for the security thereof, for such additional period of time as will, together with the time which shall have elapsed from the first entry of such copy-right, make up the term of twenty-eight years, with the same right to his widow, child, or children, to
(1) Act 3d Feb. 1831, sec. 9.
(5) Ibid. sec. 13.
renew the copy-right, at the expiration thereof, as is above provided in relation to copy-rights originally secured under this act. And if such author or authors, inventor, designer, or engraver, shall not be living at the passage of this act, then, his or their heirs, executors and administrators, shall be entitled to the like exclusive enjoyment of said copy-right, with the benefit of ench and all the provisions of this act for the security thereof, for the period of twenty-eight years from the first entry of said copy-right, with the like privilege of renewal to the widow, child, or children, of author or authors, designer, inventor, or engraver, as is provided in relation to copy-rights originally secured under this act : Provided, That this act shall not extend to any copy-right heretofore secured, the term of which has already expired.(1)
2164. All deeds or instruments in writing for the transfer or assignment of copy.rights, being proved or acknowledged in such manner as deeds for the conveyance of land are required by law to be proved or acknowledged in the same state or district, shall and may be recorded in the office where the original copy-right is deposited and recorded ; and every such deed or instrument that shall in any time hereafter, be made and executed, and which shall not be proved or acknowledged and recorded as aforesaid, within sixty days after its execution, shall be judged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration without notice.(2)
2165. The clerk of the district court shall be entitled to such fees for performing the services herein authorized and required, as he is entitled to for performing like services under existing laws of the United States.(3)
OF PATENTS FOR NEW AND USEFUL INVENTIOXs.
Commissioner of patents—duties 2166 Amount of money to be paid to the
2174 Oaths and bonds of officers, &c. 2168 Right of patent to devolve on exSeal of office-copies of records,
2175 &c. to be given
2169 Patent assignable, record of, when Patents, how signed, to be record. and where made
2176 ed, form of patent, term of 2170 Provision relative to caveat by inApplications for patent, how made ventor, to obtain time for maturspecification, drawings, oath of ing invention
2171 Invalid patent, may be surrender. Examination of originality of inven- ed-new one issued--patentee
tion, how made-patent to be is- may make addition to patent 2178 sued, when--board of examiners, Damages for infringment of patent 2179 how constituted, duties, compen- Defendant may plead general issue sation 2172 -matters of defence
2180 Provision for interfering applica. Provision for interfering patents 2181 tions—date of patent
2173 Actions under patent laws, cogniz
(3) Ibid. sec. 2.
(1) Act 3d Feb. 1831, sec. 16.
. By act 4th July, 1836, chap. 353, a fire-proof building was directed to be built at Washington, for the Patent Office, at an expense not exceeding $108,000.
able in circuit courts, &c.-in- Patents issuable to assignee of in
junctions may be granted 2182 ventor, &c. Patents may be extended seven When patent is too broad, patentee, years beyond original term
&c. may disclaim parts not claimwhen, how
2183 ed by him, &c.-provision relaLibrary of patent office established 2184 tive to application for new imModels to be classified and arrang
provement, or correction and reed, and open to public inspec
2185 Patent to be good for so much of Repeal of former laws
2186 the invention as belongs to the Patent, &c. issued prior to 15th De. patentee, &c.-disclaimer to be
cember, 1836, may be renewed made of other parts without charge, &c.-duty of Commissioner to appoint agents for commissioners, of clerks, of courts forwarding to patent office mo-certified copy evidence-pa- dels, &c. tent, &c. not evidence, unless Two examining clerks to be aprecorded anew 21861 pointed-other clerks, &c.
-9 Patent destroyed by burning of pa- Provision for repayment of money
tent office, or otherwise lost, when application of foreigner for may be renewed, how -2 patent, is rejected
-10 Commissioner to procure duplicate Affirmation may be substituted for of certain models, destroyed by
-11 fire-duty of board of commis- Certain moneys to be carried to sioners relative thereto
-3 the patent fund-fund how apProvision for correction and re-is- propriated
-12 suing of patents—and relative to Commissioner to make certain readditional improvements
ports annually to congress -13
ART. 2166. There shall be established and attached to the department of state, an office to be denominated the patent office; the chief officer of which shall be called the commissioner of patents, to be appointed by the president, by and with the advice and consent of the senate, whose duty it shall be, under the direction of the secretary of state, to superintend, execute, and perform, all such acts and things touching and respecting the granting and issuing of patents for new and useful discoveries, inventions, and improvements, as are herein provided for, or shall hereafter be, by law, directed to be done and performed, and shall have the charge and custody of all the books, re. cords, papers, models, machines, and all other things belonging to said office." And said commissioner shall receive the same compensation as is allowed by law to the commissioner of the Indian department, and shall be entitled to send and receive letters and packages by mail, relating to the business of the office, free of postage (1)
2167. There shall be, in said office, an inferior officer, to be appointed by the said principal officer, with the approval of the secretary of state, to receive an annual salary of seventeen hundred dollars, and to be called the chief clerk of the patent office; who, in all cases during the necessary absence of the commissioner, or when the said principal office shall become vacant, shall have the charge and custody of the seal, and of the records, books, papers, machines, models, and all other things belonging to the said office, and shall perform the duties of commissioner during such vacancy. And the said commissioner may also, with like approval, appoint an ex. amining clerk, at an annual salary of fifteen hundred dollars; two other clerks at twelve hundred dollars each, one of whom shall be a competent draughtsman; one other clerk at one thousand dollars; a machinist at twelve hundred and fifty dollars; and a messenger at seven hundred dol. lars. And said commissioner, clerks, and every other person appointed and employed in said office, shall be disqualified and interdicted from acquiring or taking, except by inheritance, during the period for which they shall
(1) Act 4th July, 1836, sec. 1.