6

A marshal who has seized alleged infringing articles, shall retain them in his possession, keeping them in a secure place, subject to the order of the court.

7

Within three days after the articles are seized, and a copy of the affidavit, writ and bond are served as hereinbefore provided, the defendant shall serve upon the clerk a notice that he excepts to the amount of the penalty of the bond, or to the sureties of the plaintiff or complainant, or both, otherwise he shall be deemed to have waived all objection to the amount of the penalty of the bond and the sufficiency of the sureties thereon. If the court sustain the exceptions it may order a new bond to be executed by the plaintiff or complainant, or in default thereof within a time to be named by the court, the property to be returned to the defendant.

8

Within ten days after service of such notice, the attorney of the plaintiff or complainant shall serve upon the defendant or his attorney a notice of the justification of the sureties, and said sureties shall justify before the court or a judge thereof at the time therein stated.

9

The defendant, if he does not except to the amount of the penalty of the bond or the sufficiency of the sureties of the plaintiff or complainant, may make application to the court for the return to him of the articles seized, upon filing an affidavit stating all material facts and circumstances tending to show that the articles seized are not infringing copies, records, plates, molds, matrices, or means for making the copies alleged to infringe the copyright.

IO

Thereupon the court in its discretion, and after such hearing as it may direct, may order such return upon the filing by the defendant of a bond executed by at least two sureties, binding them in a specified sum to be fixed in the discretion of the court, and conditioned for the delivery of said specified articles to abide the order of the court. The plaintiff or complainant may require such sureties to justify within ten days of the filing of such bond.

II

Upon the granting of such application and the justification of the sureties on the bond, the marshal shall immediately deliver the articles seized to the defendant..

I 2

Any service required to be performed by any marshal may be performed by any deputy of such marshal.

13

For services in cases arising under this section, the marshal shall be entitled to the same fees as are allowed for similar services in other cases.

INDEX TO COPYRIGHT ACT OF MARCH 4, 1909

[The references are to section and page.]

Abridgements may be copyrighted (sec. 6), p. 156.
Actions. See Suits for infringement.
Ad interim copyright. See Interim copyright.
Adapt musical work, exclusive right to (sec. I b), p. 153.
Adaptations may be copyrighted (sec. 6), p. 156.
Address (Oral):

May be copyrighted (sec. 5 c), p. 156.
Right to deliver for profit (sec. I c), p. 153.

Damages for infringement of (sec. 25 b), p. 163.
Administrators of author or proprietor. may obtain copyright (sec. 8),

p. 157
Affidavit of American manufacture:

Required (sec. 16), p. 160.
Shall state date of printing or of publication (sec. 16), p. 160.
Shall state place where type was set (sec. 16), p. 160.
To be acknowledged in certificate of registration (sec. 55), p. 172.

Penalty for false (sec. 17), p. 160.
Alaska, courts having jurisdiction in copyright suits (sec. 34), p. 168
Alien author may secure copyright (sec. 8 a), p. 157.
American manufacture:

Affidavit required (sec. 16), p. 160.
Exceptions to (sec. 15), p. 159.
Required for books and periodicals (sec. 15), p. 159.

Required for lithographs and photo-engravings (sec. 15), p. 159.
Annual report of Register of Copyrights (sec. 51), p. 171.
Anonymous works, term of copyright in (sec. 23), p. 162.
Appeal allowed in copyright cases (sec. 38), p. 169.
Application:

For registration of copyright (sec. 5), p. 155.

For renewal of copyright (sec. 23), p. 162; (sec. 24), p. 163.
Arrange musical work, exclusive right to (sec. i b), p. 153; (sec. i e),

p. 154.
Arrangements, may be copyrighted (sec. 6), p. 156.
Art, works of. See Fine arts, works of the.
Articles subject to copyright protection (sec. 5), p. 155.
Assignment of copyright (secs. 41-44), p. 169-170,

By instrument of writing (sec. 42), p. 169.
Must be recorded (sec. 44), p. 170.
Certified copy may be had on payment of fee (sec. 45), p. 170.

Assignment of copyright-Continued.

Failure to record (sec. 44), p. 170.
Fee for comparing copy of (sec. 61), p. 174.
Fee for copy of (sec. 61), p. 174.
Fee for recording (sec. 61), p. 174.
Foreign, must be acknowledged before United States officer (sec.
43), p. 170.

must be recorded within six months (sec. 44), p. 170.
Not involved in sale of material object (sec. 41), p. 169.
Assigns of author or proprietor may obtain copyright (sec. 8), p. 157.
Assistant Register of Copyrights:

Appointment of (sec. 48), p. 170.
Duties of, defined (sec. 48), p. 170.

Salary of, $3,000 (sec. 48), p. 170.
Assumed name, work published under. See Pseudonymous works.
Author:

Common law right of (sec. 2), p. 155.
May obtain copyright (sec. 8), p. 157.
May secure extension of existing copyrights (sec. 24), p. 163.
May secure renewal of copyright for contributions to periodical

and composite works (sec. 23), p. 162.
Shall include employer in case of works made for hire (sec. 62),

p. 175. Authorized copies prohibited importation if not manufactured in U. S.

(sec. 31), p. 166. Bands, infringement of musical copyright by use of (sec. 25 e), p. 164. Bequest, copyright subject to (sec. 42), p. 169. Binding of book:

Affidavit of American, required (sec. 16), p. 160.

Must be performed within United States (sec. 15), p. 159. Blind, works for the:

May be imported (sec. 31 a), p. 166.

Need not be manufactured in United States (sec. 15), p. 159.
Bond of Register of Copyrights (sec. 50), p. 171.
Books:

May be copyrighted (sec. 5 a), p. 155.
Copies deposited must be manufactured in United States (sec. 12),

p. 158.
Fee for recording transfer of proprietorship of (sec. 61), p. 175.
For educational institutions or societies may be imported (sec.

31 d), p. 167.
For individual use may be imported (sec. 31 d), p. 167.
For use of United States may be imported (sec. 31 d), p. 167.
In foreign languages, of which only translations are copyrighted,

may be imported (sec. 31 c), p. 167.
Must be manufactured in the United States (sec. 15), p. 159.
Notice of copyright, forms prescribed (sec. 18), p. 160.

on title-page or page following (sec. 19), p. 161.
not required for ad interim protection (sec. 9), p. 157.

Books—Continued.

Of persons from foreign countries may be imported (sec. 31 d),

p. 167.

One registration sufficient for several volumes if deposited at same

time (sec. 61), p. 175. Published abroad in the English language may secure interim pro

tection (sec. 21), p. 161.

Right to translate (sec. i b), p. 153. Cantatas, peformance for charitable or educational purposes permitted

(sec. 28), p. 165.
Catalogue of copyright entries:

Distribution of (sec. 57), p. 172.
Indexed catalogues to be printed for each class (sec. 56), p. 172.
Manuscript cards for, may be destroyed (sec. 56), p. 172.
Notice of destruction of copyright deposits (sec. 60), p. 174.
Superintendent of Public Documents to receive subscriptions

(sec. 57), p. 173.
To be admitted as prima facie evidence (sec. 56), p. 172.

To be printed by Register of Copyrights (sec. 56), p. 172
Certificate of registration:

Claimant of copyright entitled to (sec. 55), p. 172.
Fee for additional, 50 cents (sec. 61), p. 174.
Form to be prepared by Register of Copyrights (sec. 55), p. 172.
To be admitted as prima facie evidence (sec. 55), p. 172.
To be issued upon registration and deposit (sec. 10), p. 157.

To state receipt of affidavit (sec. 55), p. 172.
Children of author may secure renewal of copyright (sec. 23), p. 162;

(sec. 24), p. 163. Claimant of copyright entitled to certificate of registration (sec. 55),

p. 172.
Classification, error in, does not invalidate copyright (sec. 5), p. 156.
Coin-operated machines, reproduction of music upon (sec. i e), p. 155.
Common-law right of author or proprietor (sec. 2), p. 155.
Compilations may be copyrighted (sec. 5 a), p. 155; (sec. 6), p. 156.
Complete, exclusive right to, model or design for work of art (sec. i b),

p. 153.
Component parts of copyrighted works protected (sec. 3), p. 155.
Composer, foreign, when protected (sec. i e), p. 154.
Composite works:

May be copyrighted (sec. 5 a), p. 155.
All parts protected (sec. 3), p. 155.
Author may secure renewal of copyright for contributions to

(sec. 23), p. 162.
Proprietor may secure renewal of copyright (sec. 23), p. 162;

(sec. 24), p. 163. Constitutional provision, p. 153. Copy, exclusive right to (sec. I a), p. 153.