False contents.

Failure to state narcotics, etc., used.

False statement of cura

tive, etc., effect.

"Second. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any such substances contained therein.

"Third. If its package or label shall bear or contain any statement, design, or device regarding the curative or therapeutic effect of such article or any of the ingredients or substances contained therein, which is false and fraudulent."

Aug. 24, 1912.

CHAP. 355.-An Act Making appropriations for sundry civil [H. R. 25069.] expenses of the Government for the fiscal year ending June thir[Public, No. tieth, nineteen hundred and thirteen, and for other purposes. 302.]

37 Stat. L., pt. 1, p. 417.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Sundry civil That the following sums be, and the same are hereby, ppropriations. propriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and thirteen, namely:

expenses ap

*

UNDER THE DEPARTMENT OF THE INTERIOR.

Expenses.

Provisos.

Preferences.

SURVEYING THE PUBLIC LANDS.

For surveys and resurveys of public lands, under the supervision of the Commissioner of the General Land Office and direction of the Secretary of the Interior, $700,000: Provided, That in expending this appropriation preference shall be given, first, in favor of surveying townships occupied, in whole or in part, by actual settlers and of lands granted to the States by the Act approved February twenty-second, eighteen hundred and eightynine, and the Acts approved July third and July tenth, eighteen hundred and ninety, and to surveying under such other Acts as provide for land grants to the several States and Territories and such indemnity lands as the several States and Territories may be entitled to in lieu of lands granted them for educational and other purposes which may have been sold or included in some reservation or otherwise disposed of, except railroad land grants and other surveys shall include lands adapted to agriculture and lands deemed advisable to survey on account of availability for irrigation or dry farming, lines

tion to sur

of reservations, and lands within boundaries of forest reservations. The surveys and resurveys to be made by Compensasuch competent surveyors as the Secretary of the Inte- veyors. rior may select, at such compensation not exceeding $200 per month as he may prescribe, except that the Secretary

Clerks, etc., inspecting.

of the Interior may appoint not to exceed two supervisors Supervisors of surveys whose compensation shall not exceed $250 per month each, and except in the District of Alaska, where a compensation not exceeding $10 per day may be allowed such surveyors and such per diem allowance, in lieu of subsistence, not exceeding $3, as he may prescribe, and actual necessary expenses for transportation, including necessary sleeping-car fares, said per diem and traveling expenses to be allowed to all surveyors employed hereunder and to such clerks who are competent surveyors who may be detailed to make surveys, resurveys, or examinations of surveys heretofore made and reported to be defective or fraudulent, and inspecting mineral de- Mineral, posits, coal fields, and timber districts, and for making, ber lands. by such competent surveyors, fragmentary surveys, examination of unaccepted contract surveys heretofore made and such other surveys or examinations as may be required for identification of lands for purposes of evidence in any suit or proceeding in behalf of the United States:

*

*

UNDER THE DEPARTMENT OF COMMERCE

AND LABOR.

coal, and tim

Resurveys.

penses.

Field expenses: For surveys and necessary resurveys Field exof the Atlantic and Gulf coasts of the United States, in- Atlantic and cluding the coasts of outlying islands under the jurisdic- Gulf coasts. tion of the United States: Provided, That not more than Proviso. $25,000 of this amount shall be expended on the coasts tation. of said outlying islands, $65,000;

Island limi

Pacific

For surveys and necessary resurveys of coasts on the coasts. Pacific Ocean under the jurisdiction of the United States, $165,000;

drography.

For continuing researches in physical hydrography Physical hyrelating to harbors and bars, and for tidal and current observations on the coasts of the United States, or other coasts under the jurisdiction of the United States, $6,400; For offshore soundings and examination of reported Coast Pilot, dangers on the coasts of the United States, and of coasts under the jurisdiction of the United States, and to continue the compilation of the Coast Pilot, and to make 7345°-S. Doc. 173, 63-1-15

etc.

Magnetic observations,

etc.

special hydrographic examinations, and including the employment of such pilots and nautical experts in the field and office as may be necessary for the same, $15,000;

For continuing magnetic observations and to establish meridian lines in connection therewith in all parts of the United States, and for making magnetic observations in other regions under the jurisdiction of the United States, including the purchase of additional magnetic instruments, and the lease of sites where necessary and the erection of temporary magnetic buildings; for continuing the line of exact levels between the Atlantic, Pacific, and Gulf coasts; for furnishing points to State surveys, to State surveys. be applied as far as practicable in States where points have not been furnished; for determinations of geographical positions, and for continuing gravity observations, $50,000.

Points to

*

Immigration

of aliens.

enforcing

laws.

clusion.

IMMIGRATION SERVICE.

Expenses of regulating immigration: For all expenses Expenses of of the enforcement of the laws regulating the immigration. of aliens into the United States, including the contractlabor laws; for the costs of the reports of decisions of the Federal courts, and digest thereof, for the use of the Commissioner General of Immigration; for salaries and expenses of all officers, clerks, and employees appointed to enforce said laws; for the enforcement of the provisions of the Act of February twentieth, nineteen hundred and seven, entitled "An Act to regulate the immigration of aliens into the United States" and acts amen latory thereof; for expenses of necessary supplies, including exchange of typewriting machines, alterations, and repairs, and for all other expenses authorized by said Chinese ex- Act; also for preventing the unlawful entry of Chinese into the United States, by the appointment of suitable officers to enforce the laws in relation thereto, and the expenses of returning to China all Chinese persons found to be unlawfully in the United States, including the cost of imprisonment and actual expense of conveyance of Chinese persons to the frontier or seaboard for deportaRefunding tion, and for the refunding of head tax upon presentation. of evidence showing conclusively that collection was made through error of Government officers; all to be expended under the direction of the Secretary of Commerce and Labor, $2,525,000: Provided, That all charges for mainand return of tenance or return of Chinese persons applying for admission to the United States shall hereafter be paid or reimbursed to the United States by the person, company, partnership, or corporation bringing such Chinese to a port of the United States as applicants for admission.

head tax.

Proviso.

Maintenance

Chinese per

sons.

CHAP. 356.-An Act To amend sections five, eleven, and Aug. 24, 1912 twenty-five of an Act entitled "An Act to amend and consolidate [H. R. 24224.] the Acts respecting copyrights," approved March fourth, nineteen [Public, No. hundred and nine.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections five, eleven, and twenty-five of the Act entitled "An Act to amend and consolidate the Acts respecting copyrights," approved March fourth, nineteen hundred and nine, be amended to read as follows:

303.] 37 Stat. L., pt. 1, p. 488.

Copyrights.

tion of appli

"SEC. 5. That the application for registration shall, Classificaspecify to which of the following classes the work in cations. which copyright is claimed belongs:

"(a) Books, including composite and cyclopedic works,

directories, gazetteers, and other compilations;

"(b) Periodicals, including newspapers;

"(c) Lectures, sermons, addresses (prepared for oral delivery);

"(d) Dramatic or dramatico-musical compositions; "(e) Musical compositions;

"(f) Maps;

"(g) Works of art; models or designs for works of

art;

"(h) Reproductions of a work of art;

"(i) Drawings or plastic works of a scientific or techni

cal character;

"(j) Photographs;

"(k) Prints and pictorial illustrations;

"(1) Motion-picture photoplays;

"(m) Motion pictures other than photoplays:

Motion pictures, etc., added.

limited, etc.

"Provided, nevertheless, That the above specifications Subject shall not be held to limit the subject matter of copyright matter not as defined in section four of this Act, nor shall any error in classification invalidate or impair the copyright protection secured under this Act."

Works not reproduced for

Motion pictures, etc.,

"SEC. 11. That copyright may also be had of the works of an author, of which copies are not reproduced sale. for sale, by the deposit, with claim of copyright, of one complete copy of such work if it be a lecture or similar production or a dramatic, musical, or dramatico-musical composition; of a title and description, with one print. taken from each scene or act, if the work be a motionpicture photoplay; of a photographic print if the work added. be a photograph; of a title and description, with not less. than two prints taken from different sections of a complete motion picture, if the work be a motion picture other than a photoplay; or of a photograph or other identifying reproduction thereof, if it be a work of art or a plastic work or drawing. But the privilege of registration of copyright secured hereunder shall not exempt the copyright proprietor from the deposit of copies, under sections twelve and thirteen of this Act, where the work is later reproduced in copies for sale."

Infringe

ments.

Injunctions.
Damages.

reproduc

graphs, limit.

"SEC. 25. That if any person shall infringe the copyright in any work protected under the copyright laws of the United States such person shall be liable:

66

"(a) To an injunction restraining such infringement; (b) To pay to the copyright proprietor such damages as the copyright proprietor may have suffered due to the infringement, as well as all the profits which the infringer shall have made from such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or in lieu of actual damages and profits such damages as to the court shall appear to be just, and in assessing such damages the court may, in its discretion, allow the amounts as Newspaper hereinafter stated, but in case of a newspaper reproductions of photo- tion of a copyrighted photograph such damages shall not exceed the sum of two hundred dollars nor be less than the sum of fifty dollars, and in the case of the infringement of an undramatized or nondramatic work by means of motion pictures, where the infringer shall show that he was not aware that he was infringing, and that such infringement could not have been reasonably foreseen, such damages shall not exceed the sum of one hundred dollars; and in the case of an infringement of a copyrighted dramatic or dramatico-musical work by a maker Motion pic of motion pictures and his agencies for distribution thereof to exhibitors, where such infringer shows that he was not aware that he was infringing a copyrighted work, and that such infringements could not reasonably have been foreseen, the entire sum of such damages recoverable by the copyright proprietor from such infringing maker and his agencies for the distribution to exhibitors of such infringing motion picture shall not exceed the sum of five thousand dollars nor be less than two hundred and fifty dollars, and such damages shall in Other reme- no other case exceed the sum of five thousand dollars nor be less than the sum of two hundred and fifty dollars, and shall not be regarded as a penalty. But the foregoing exceptions shall not deprive the copyright proprietor of any other remedy given him under this law, nor shall the limitation as to the amount of recovery apply to infringements occurring after the actual notice to a defendant, either by service of process in a suit or other written notice served upon him.

tures of dramatic works.

dies.

Paintings, statuary, etc.

Books, maps, etc.

"First. In the case of a painting, statue, or sculpture, ten dollars for every infringing copy made or sold by or found in the possession of the infringer or his agents. or employees;

"Second. In the case of any work enumerated in section five of this Act, except a painting, statue, or sculpture, one dollar for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees;