1010. No Action For Infringement Until Deposit Of Copies

No Action For Infringement Until Deposit Of Copies. No action or proceeding shall be maintained for infringement of copyright in any work until the provisions of the copyright law with respect to the deposit of copies and registration of such work shall have been complied with.

1011. Omission Of Notice By Accident Or Mistake - Innocent Infringement

Omission Of Notice By Accident Or Mistake - Innocent Infringement. If the aim of the copyright proprietor has been to comply with the provisions of the copyright law with respect to notice, the omission by accident or mistake of the prescribed notice from a particular copy, or copies, shall not invalidate the copyright or prevent recovery for infringement against any person who, after actual notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an innocent infringer who has been misled by the omission of the notice, and in a case for infringement no permanent injunction shall be had unless the copyright proprietor shall reimburse to the innocent infringer his reasonable outlay innocently incurred, if the court in its discretion shall so direct.

1012. False Notice of Copyright - Any person who with fraudulent intent inserts or impresses any notice of copyright required by the copyright law, 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 article duly copyrighted, shall be guilty of a misdemeanor punishable by a fine of not less than One Hundred Dollars, and not more than One Thousand Dollars.

1013. Duration Of Copyright

Duration Of Copyright. According to Section 23 of the copyright law, copyright shall endure for twenty-eight years from the date of first publication, whether the copyright bears the author's true name or is published anonamously or under an assumed name. At the expiration of this term the copyright may be renewed for another term of twenty-eight years, but such application must have been made to the copyright office and duly registered within one year prior to the expiration of the original term of the copyright. Again at the end of the second term a renewal of another term of twenty-eight years can be made to the author's widow, children, heirs, or next of kin. In any case, however, copyright ends in twenty-eight years' time unless renewed.

1014. Copyrighting Customers' Photographs

Copyrighting Customers' Photographs. If a person sits for a photograph, or if one photographs anything that belongs to a customer and the customer pays the photographer for the service, the photographer copyrighting the photograph, the copyright will be in his name and he can use it until stopped by injunction granted on the ground that the photograph, although taken by the photographer, was paid for and is the property of another. In this case the copyright would still be in the photographer's name, but would be of no use to him, neither would he have a right to use it after being enjoined. In all cases where the photographer wishes to copyright a photograph for which he has been paid, it is necessary for him to secure the consent, in writing, of the customer; or, if a piece of property, the consent of the owner, and such consent must be witnessed by two people, who sign as witnesses.