controversy. Recovery on a judgment includes profit accruing to defendant and damages sustained by complainant. The several courts may grant injunctions pending suits, and may increase said judgment not exceeding three times the amount of the verdict, and may order copies and representations of infringing trade-marks destroyed. In assessing profits, the plaintiff is required to prove the defendant's sales only. The defendant, on the other hand, must prove all elements of cost which are claimed. Imported goods bearing foreign trade-marks injuriously imitating United States trade-marks will be refused entry at all United States custom-houses; and to prevent their entry, each owner of a trade-mark should lodge with the Commissioner of Patents a copy and description of it, copies of which will be forwarded to each collector or other proper officer of customs. PRINTS AND LABELS. The Act of Congress of June 18, 1874 (18 Statutes at Large, p. 78), provides for the registry of prints and labels in the Patent Office. Under the rules of the office the distinction between the two is that a label is intended to be impressed upon or affixed to an article or to the receptacle containing it, while a print is not. Only such prints or labels as properly belong to an article of manufacture and are descriptive thereof can be registered. A print or label may be registered by the proprietor who is a citizen of the United States, by an alien domiciled in the United States, by the citizen of a country granting similar rights to citizens of the United States, or by the proprietor by assignment from some. other person entitled to register. The application must be accompanied by ten copies of the print or label, and a registry fee of six dollars. (329.) Form of Application for Registration of Prints and Labels. TO THE COMMISSIONER OF PATENTS: The undersigned a citizen of the United States (or subject, etc.), residing at and doing business at hereby applies as author (or proprietor, and if the latter, give name and citizenship of author) for registration of the print (or label) shown in the accompanying copies, ten of which are furnished. The print (or label) was first published with ; its title is Notice of Copyright thereon on and it is used (kind of Author or Proprietor. Before filing the application the print or label must be published, which in this connection means, publicly used or soldwith a notice of copyright thereon, consisting of the word "Copyright," or "Cop'r," the name of the proprietor and the year of publication. This notice of copyright must also appear on every copy of the registered print or label subsequently used or sold. The certificate of registration will continue in force twentyeight years, but may be renewed. Prints and labels are assignable by written instrument signed by the proprietor. Copies of the acts, relating to the registration of Trade-marks, Prints and Labels, with Forms and Rules of Procedure can be obtained by applying to the Commissioner of Patents. CHAPTER XXXV. COPYRIGHT. The law of copyright is regulated by the Act of Congress of March 4, 1909 (35 Statutes at Large, Chap. 320), and subsequent minor amendments thereto. The subjects of copyright may be books, including composite and cyclopædie works, directories, gazetteers and other compilations; periodicals, including newspapers; lectures, sermons, addresses prepared for oral delivery; dramatic or dramatic-musical compositions; musical compositions; maps; works of art, models or designs for works of art; drawings or plastic works of a scientific or technical character; photographs; prints and pictorial illustrations; motion pictures, photo plays, and motion pictures other than photo plays. The Act grants to the author or proprietor the exclusive right to print, re-print, publish, copy and bind the copyrighted work; to translate it, if it be a literary work, into other languages, or make any other variation thereof; to dramatize it or convert a drama into a novel or other form; to arrange or adapt it, if it be a musical work; and to complete and execute it if it be a model or design for a work of art; to deliver or authorize the delivery of it in public for profit, if it be a sermon, address or similar production; to perform or represent it, if it be a dramatic work not reproduced in copies for sale; to vend any transcript or record thereof, and to make any transcript or record thereof for performance or representation; to perform it publicly for profit if it be a musical composition, and for purposes of publication to make any arrangement or setting of it or of the melody, in any system of notation or record by which it may be re-produced. When, however, the owner of a musical copyright has permitted the use of the work on parts of instruments, by which it is reproduced mechanically, any other person may make a like use of it by notifying the owner and paying him a royalty of two cents for each of such parts. Compilations, abridgements, translations, etc., of works in the public domain, or of copyrighted works when produced with the consent of the owner of the copyright, or works republished with new matter, are regarded as new works subject to copyright, but without affecting the force or validity of any subsisting copyright on matter employed therein. A foreign author or proprietor may have a copyright upon the same terms as a citizen; but only if he be domiciled in the United States at the time of the first publication of his work, or when the nation of which he is a citizen or subject grants to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or protection equal to that secured to the foreign author by copyright act or treaty of the United States, or when such nation is a party to an international agreement providing for reciprocity in granting copyrights to which agreement the United States may become a party. Copyright is secured by publication of the work, with notice of copyright consisting of the word "Copyright," or the abbreviation "Copr.," accompanied by the name of the proprietor, and, in a printed literary, musical or dramatic work, the year in which the copyright was secured by publication. In case of a book or other printed publication the notice is to be printed on the title page, or page immediately following, and of a periodical on the title page or the first page of each separate number or under the title heading, or if a musical work on the title page or first page of music. Such notice must be affixed to each copy offered for sale. In case of maps, prints, photographs, works of art, etc., the notice may consist of the letter "C" enclosed within a circle, accompanied by the initials, monogram, mark or symbol of the copyright proprietor, provided that his name shall also appear on some accessible part of the work. After publication there must promptly be deposited in the Copyright Office, or sent by mail addressed to the Register of Copyright, Washington, D. C., two complete copies of the best edition of the work, or, in case of a contribution to a periodical, for which special registration is requested, one copy of the issue or series containing such contribution, accompanied by an affidavit setting forth that the type from which the work was printed was set up, or the plates etc., made in the United States, and that the printing and binding were done there. Such affidavit is not required as to books of foreign origin in languages other than English, or works in raised characters for the blind, or books published abroad in the English language seeking interim protection. Copyright of works of which copies are not reproduced for sale may be had by deposit, with claim of copyright, of one complete copy of the work, or a photographic print if the work be a photograph, or a photograph or other identifying representation if it be a work of art, or a plastic work or drawing. In case of books published abroad in the English language before publication in this country, an interim copyright may be secured by deposit in the Copyright Office, within thirty days after publication, of one complete copy of the foreign edition, with request for reservation of copyright, and statement of name and nationality of author and copyright proprietor and date of publication. Whenever within said time said book shall be published in the United States, and the other requirements of the Act as to deposit of copies, registration, etc., are complied with, the copyright shall be extended to the full term. In the case of each entry the person recorded as claimant of the copyright, on payment of a fee of one dollar-or fifty cents in case of a photograph-is entitled to a certificate of registration under seal of the Copyright Office. The original term of a copyright is twenty-eight years but provision is made in the Act for an extension for the further term of twenty-eight years, and for an extension of copyrights in existence at the date of the Act for a term not exceeding with the original term fifty-six years. Copies of the Copyright Act with full directions for securing a copyright, forms of application and other necessary papers will be furnished, gratis, on application to the Register of Copyrights, Washington, D. C. A copyright is assignable by an instrument in writing signed by the owner-and, if executed abroad, acknowledged before a consular officer or secretary of legation-and recorded in the Copyright Office within three calendar months after its execution in the United States, or within six months after execution if executed abroad. In case of infringement the Act provides remedies by injunction, the payment of specified damages and the surrender of piratical copies. Wilful infringement of copyright for profit, and fraudulently marking works as copyrighted which are not so, are also punishable by fines. The importation from abroad of copyrighted books not printed or manufactured in the United States is forbidden except in the following cases: (a) works in raised characters for the blind; (b) foreign newspapers or magazines containing matter authorized by owner of copyright; (c) the authorized edition of a book in a foreign language of which only a translation has been published in this country; (d) any book published abroad with authorization of owner of copyright as follows, (1) when imported, not more than one copy at a time, for individual use and not for sale, provided it be not a foreign reprint of a book by an American author copyrighted in this country, or (2) when imported by authority or for use of the United States, or (3) when imported for use and not for sale, not more than one copy in an invoice, for any society or institution incorporated for educational, literary, philosophical, scientific or religious purposes, or for the encouragement of the fine arts, or for any college, academy, school or seminary of learning, or for any State, school, college, uni |