438
TWENTY-FIRST CONGRESS. Sess. II. Ch. 16. 1831.
Infringementof copyright toprints, maps,&c.
Penalty.
Privilege re-stricted to citi-zens or resi-dents.
Publication ofmanuscriptswithout con-sent, &c.
Remedy.
Injunction toprevent.
General issue,&c.
False entry ofcopyright.
Penalty.
lished, imported, or exposed to sale, contrary to the intent of this act, theone moiety thereof to such legal owner of the copyright as aforesaid,and the other to the use of the United States , to be recovered by actionof debt in any court having competent jurisdiction thereof.
Sec. 7. And he it further enacted, That, if any person or persons, aftertherecording the title of any print, cut, or engraving, map, chart or musicalcomposition, according to the provisions of this act, shall, within the termor terms limited by this act, engrave, etch, or work, sell, or copy, or causeto be engraved, etched, worked, or sold, or copied, either on the whole, orby varying, adding to, or diminishing the main design with intent to evadethe law; or shall print or import for sale, or cause to be printed, or importedfor sale, any such map, chart, musical composition, print, cut, or engraving,or any parts thereof, without the consent ofthe proprietor or proprietors of thecopyright thereof, first obtained in writing, signed in the presence of twocredible witnesses; or, knowing the same to be so printed or importedwithout such consent, shall publish, sell, or expose to sale, or in anymanner dispose of any such map, chart, musical composition, engraving,cut, or print, without such consent, as aforesaid: then such offender oroffenders shall forfeit the plate or plates on which such map, chart, musi-cal composition, engraving, cut, or print, shall be copied, and also all andevery sheet thereof so copied or printed as aforesaid, to the proprietor orproprietors of the copyright thereof; and shall further forfeit one dollarfor every sheet of such map, chart, musical composition, print, cut, orengraving, which may be found in his or their possession, printed or pub-lished, or exposed to sale, contrary to the true intent and meaning ofthis act; the one moiety thereof to the proprietor or proprietors, and theother moiety to the use ofthe United States , to be recovered in any courthaving competent jurisdiction thereof.
Sec. 8. And he it further enacted, That nothing in this act shall beconstrued to extend to prohibit the importation or vending, printing, orpublishing, of any map, chart, book, musical composition, print orengraving, written, composed, or made, by any person not being a citizenof the United States , nor resident within the jurisdiction thereof.
Sec. 9. And be it further enacted, That any person or persons whoshall print or publish any manuscript whatever without the consent of theauthor or legal proprietor first obtained as aforesaid, (if such author orproprietor be a citizen of the United States , or resident therein,) shallbe liable to suffer and pay to the author or proprietor, all damages occa-sioned by such injury, to be recovered by a special action on the casefounded upon this act, in any court having cognisance thereof; and theseveral courts of the United States empowered to grant injunctions toprevent the violation of the rights of authors and inventors, are herebyempowered to grant injunctions, in like manner, according to the prin-ciples of equity, to restrain such publication of any manuscript as afore-said.
Sec. 10. And be it further enacted, That, if any person or personsshall be sued or prosecuted, for any matter, act, or thing done under orby virtue of this act, he or they may plead the general issue and give thespecial matter in evidence.
Sec. 11. And be it further enacted, That, 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 havinglegally acquired the copyright thereof, and shall insert or impress thatthe same hath been entered according to act of Congress, or words pur-porting the same, every person so offending shall forfeit and pay one hun-dred dollars; one moiety thereof to the person who shall sue for thesame, and the other to the use of the United States , to be recovered byaction of debt, in any court of record having cognisance thereof.
Sec. 12. And be it further enacted, That, in all recoveries under this
Costs.