Section 22, line 14, is too broadly worded for the benefit of the

authors of this bill, and the word "reproduction" should be

canceled and the words "copy or representation" should be

inserted.

In lines 22 and 23 the words "such fraudulent" and the rest of the

section should be canceled, and the words "copies which are

infringements is hereby prohibited."

Section 23, paragraph (b), should be canceled and made to read:

"(b) To pay to the copyright proprietor damages for the

infringement."

As the paragraph now reads, it gives double damages. The

proprietor should receive damages which will be judicially

ascertained in the ordinary way, either by estimating the profits

which the infringer has made, or by estimating the damages or loss

which the proprietor has suffered. If there is no actual damage it

should not be provided that $250 should be recovered, and if the

damages are greater than $5,000 there is no sound reason for

limiting them to the latter sum.

For the same reasons lines 18 to 24 on page 17, and lines 1 to 7

on page 18, should be canceled.

Paragraph (c) on page 18 should be amended by striking out the

word "alleged", in line 10, and inserting "shown to the

satisfaction of the court."

Arguments before the Committee on Patents of the House of Representatives, conjointly with the Senate Committee on Patents, on H.R. 19853, to amend and consolidate the acts respecting copyright June 6, 7, 8, and 9, 1906. · 第 12 / 26 章