New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-19

be likely to deceive the public: Pro-
vided, That this section shall not pre-
vent the registry Of any lawful trade mark
rightfully used at the time of the passage Of
this act.
SEC. 80. And be it further enacted,
That the time OF the receipt of any trade
mark at the Patent Office for registration
shall be noted and recorded, and copies OF
the trademark and of the date of the re-
ceipt thereof, and Of the statement filed
Herewith, under seal of the Patent Office,
certified by the Commissioner, shall be evil
dence in any suit in which such trademark
shall be brought i'll controversy.
Sec. 81 And be it further enacted, That
the Commissioner of Patenss is authorized
to make rules regulations, and prescribe
forms for the transfer of the right to the
use, of such trademarks, conforming as
nearly as practicable to the requirements of
law respecting the transfer ana transmits
sion of copyrights.
Sec. 81. And be it further enacted, That
any person who shall procure the the regis
try of any trademark, or of himself as the
owner thereof, or an entry respecting trade
mark in the Patent Office under this act, by
making any false or fraudulent representa-
tons or declarations, verbally or in writing,
or by any fraudulent means, shall be liable
to pay damages In consequence OF any such
registry or entry to the person in
jured thereby, to be recovered in an action
on the case before any court of competent
jurisdiction within the United States
SEC. 80. And be it further enacted, That
nothing in this act shall prevent, lessen,
impeach, or avoid any remedy at law or in
equity, wlEch any party aggrieved by any
wrongful use of any trademark might have
had if this act had not been passed.
Sec. "a. And be it further enacted, That
no action shall be maintained under the
provisions Of this act by any person claim
ing the exclusive right to any trademark
which is used or claimed in any unlawful
business, or upon any article which is in
furious in itself, or upon any trademark
which has been fraudulently obtained, or
which has been formed and used with the
design of deceiving the public in the pur-
chase or use of any article OF merchandise.
Sec. IS. And be it further enacted, That
all records and other things relating to copy
rights and required by law to be preserved,
shall be under the control of the Librarian
of Congress, and kept and preserved in the
Library of Congress; and the Librarian
of Congress shall have the imme-
diate care and supervision thereof, and,
under the supervision Of the Joint Com
mittee of Congress on the Library, shall
perform all acts and duties required by law
touching copyrights: The Librarian shall
cause seal to be provided for said
Office, with such device as the Joint
Committee on the Library may approve,
with which all records or papers issued from
said Office, and to be used in evidence, shall
be authenticated. He shall also give an add
ditiOnal bond, with sureties, to the Treas
urer of the United States, in the sum of five
thousand dollars, with the condition that he
will render to the proper officers of the
treasury a true account of all moneys re-
ceived by virtue of his office. He shall also
make an annual report to Congress of the
number and description of copyright publ
cations for which entries have been made
during the year. And the Librarian of Con-
gress shall receive a yearly compensation of
four thousand dollars, to commence when
this act shall take effect.
SEC. Sc. And be it further enacted, That
any citizen of the United States, or resident
therein, who shall be the author inventor,
designer. or proprietor of any book, map,
chart, dramatic or musical composition,
engraving, cut, print, or photograph or
negative thereof, or of painting, drawing,
chrome, statue, statuary, and OF models or
designs intended to be perfected as works of
the fine arts, and his executors, administra-
tors, or assigns, shall, upon complying with
the provisions of this act, have the sole
liberty of printing, reprinting, publishing,
completing, executing, finishing, and vend-
ing the same; and in the case OF a dramatic
composition, of publicly performing or rep
resenting it, or causing it to be performed or
represented by others; and authors may
reserve the right to dramatic or to trans
latetheir own works.
Sec. 81. And be it further enacted, That
copyrights shall be granted for the term of
twenty -eight years from the time of record
ing the title thereof, in the manner herein
after directed.
Sec. 80. And be it further enacted, That
the author, inventor, or designer, if he be
still living and citizen of the United
States or resident therein, or his widow or
children, if he be dead, shall have the same
exclusive right continued for the further
term of fourteen years, upon recording the
title of the work or description of the article
so secured second time, and complying
with all other regulations in regard to Origi-
nal copyrights. within ST, OnOnths before
the expiration of the first term. And such
person shall, within two months from the
date of said renewal, cause a copy of the
record thereof to be published in one or
more newspapers, printed In the United
States, for the space of four weeks.
Sec. SO. And be it further enacted, That
copyrights shall be assignable in law, by
any instrument of writing, and such assign
ment shall be recorded in the Office of the
Librarian of Congress within sixty days
after it's execution, in default of which it
shall be void as against any subsequent
purchaser or mort gagee for a valuable con-
sideration, without notice.
Sec. co. And be it further enacted. That
no person shall be entitled to copyright
unless he shall, before publication, deposit
in the mail printed copy of the title of the
book or other article, or description of the
painting, drawing, chrome, statue, statuary,
or model or design for work Of the fine
arts, for which he desires a copyright, add
dressed to the Librarian of Congress, and,
within ten days from the publication
thereof, deposit in the mail two copies of
such copyright book or other article, or in
case of painting, drawing statue. statu-
airy, model or design for a work of the fine
arts, photograph of the same, to be ad-
dressed to said Librarian OF Congress, as
hereinafter to be provided.
Sec. 81. And be it further enacted, That
the Librarian of Congress shall record the
name of such copyright book, or other
that purpose, in the words following
Library of Congress, to wit (: Be it
remembered that on the day
of -, ammo DOmini -, A. B., of
-, hath deposited in this office the title
of book (map, chart, or otherwise, as the
case NAV, or description of the article), the
title or description of which is in the follow
ing words to wit there insert the title or de-
scription), the right whereof he claims as
author, originator Tor proprietor, as the case
may bel, in conformity with the laws of the
United States respecting copyrights. c d.,
Librarian of Congress-" And he shall give
a copy of the title or description, under the
seal Of the Librarian of Congress, to said
proprietor, whenever he shall require it:
SEC 90 And be it further enacted, That
for recording the title or description of any
copyright book or other article. the Libra
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