"and with intent to deprive the owner of the copyright of lawful
profit."
The word "willfully" does not appear to make the section
sufficiently clear, and it is submitted that an infringer should
not be held guilty of a misdemeanor unless he have the intent
specified in the suggested amendment.
After line 6 on page 19 the following words should be inserted:
"_Provided_, That any person who performs the alleged infringing
acts under a mistake of fact or law shall not be deemed to be a
willful infringer."
The alleged infringer may have good reason to think that
conditions precedent have not been performed and that no valid
copyright exists; he may be under a mistake as to when the term
expires; he may be of the opinion that what he has produced is not
a copy, and he may perform his alleged infringing acts under
advice of counsel. It does not seem proper under such
circumstances to hold him to be a willful infringer and guilty of
a misdemeanor.
In line 14 of page 19, after "knowingly," the following words
should be inserted: "and with fraudulent intent."
Page 20, line 9, before "publish," the following words should be
inserted: "send notice of such seizure by registered mail to the
person to whom the article seized is consigned or directed, and
shall."