Sec. 4964. Every person, who after the recording of the title of any book and the deposition of two copies of such book, as provided by this act, shall, contrary to the provisions of this act, within the term limited, and without the consent of the proprietor of the copyright first obtained in writing signed in the presence of two or more witnesses, print, publish, dramatize, translate, or import, or knowing the same to be so printed, published, dramatized, translated, or imported, shall sell or expose to sale any copy of such book, shall forfeit every copy thereof to such proprietor, and shall also forfeit and pay such damages as may be recovered in a civil action by such proprietor in any court of competent jurisdiction.

25 Taft vs. Stephens Lithographing, etc., Co., 38 Fed. Rep., 28.

Parties who procure the infringing act to be done are liable as joint tort-feasors.26 Both the printer and publisher are equally liable to the owner of the copyright for an infringement.27 The rule in estimating the damages that may be recovered is to ascertain the profits the defendants made by their piracy of the complainant's work, and fix that as the measure of the complainant's damages.28

Penalty For Violations of Copyright of Maps, Charts, Compositions, Prints, Etc.

Sec. 4965. If any person, after the recording of the title of any map, chart, dramatic or musical composition, print, cut, engraving, or photograph, or chro-mo, or of the description of any painting, drawing, statue, statuary, or model or design intended to be perfected and executed as a work of the fine arts, as provided by this Act, shall, within the term limited, contrary to the provisions of this Act, and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, dramatize, translate, or import, either in whole or in part, copy, print, publish, dramatize, translate, or by varying the main design, with intent to evade the law, or, knowing the same to be so printed, published, dramatized, translated, or imported, shall sell or expose to sale any copy of such map or other article, as aforesaid, he shall forfeit to the proprietor all the plates on which the same shall be copied, and every sheet thereof, either copied or printed, and shall further forfeit one dollar for every sheet of the same found in his possession, either printing, printed, copied, published, imported, or exposed for sale; and in case of a painting, statue, or statuary, he shall forfeit ten dollars for every copy of the same in his possession, or by him sold or exposed for sale: Prvioded, however, That in case of any such infringement of the copyright of a photograph made from any object not a work of fine arts, the sum to be recovered in any action brought under the provisions of this section shall be not less than one hundred dollars, nor more than five thousand dollars, and: Provided, further, That in case of any such infringement of the copyright of a painting, drawing, statue, engraving, etching, print, or model or design for a work of fine arts or of a photograph of a work of the fine arts, the sum to be recovered in any action brought through the provisions of this section shall be not less than two hundred and fifty dollars, and not more than ten thousand dollars. One-half of all the foregoing penalties shall go to the proprietors of the copyright and the other half to the use of the United States.

26 Fishel vs. Luechel, 53 Fed. Rep.,

499. 27 Belford vs. Scribner, 144 U. S.,

488.

28 Scribner vs. Clark, 60 Fed. Rep., 473.

A demand and refusal are not necessary before bringing an action to recover penalty and forfeiture.29

29 Hegena vs. Springer, (C. C. A., 1901), 110 Fed. Rep., 374.