L80 



CONGRESS. (CopvmioiiT 811.1.1x0 LIOUOR TO Iv 



notice to the defendant by any cm M he 



, a States, or by a judgr thereof, restraining and 

 enjoining the performance or representation of any 

 ufthdramalic or musical oomixmit ion may be served 



injunction may 



>_ _ 



be operative and may be enforced by 

 punish for eont. by any 



ottit court or judgv in the l'n.t-1 states: but 

 iJgflMiantf in Mid action, or any or eithci 



on the partis. 



be granted anywner* in the I'm ted States, ami 



bs0frnvcnd may U- , 



ir- 



the 

 either of I hem. 



may make a motion in any oil.. 



ngagwd in informing or 



ing Mid dramatic or inimical <-om|oMti n to dissolve 

 cr set aside the said injunction up .ison- 



able notice to tiw plaintiff as th- circuit court or 

 ids* before whom said motion shall IK> made 

 shall deem proper; service of said motion to be 

 mail* on the plaintiff in person or on his attorneys 

 in ihc art inn. t courts or judges th 



shall have jurisdiction to enforce said injunction 

 ami to hear and determine a motion to dissolve 

 the same, an hen- in provided, as fully as if the ac- 

 tion were pending or brought inthecircuit in which 

 amid motion i- n 



f the court, or judge minting the in- 

 junction, shall, when required so to do by the 



r enl 



etiun. transmit without delay t<> said court a 

 certified copy of all the papers on which the said in- 

 junction was gran ted that are on file in hi- -: 1 

 The reasons for this action are set forth in the 

 in favor of the measure : 



The purpose of the proposed measure is twofold : 

 Pint to secun ] compi wit ions the same 



metjture of protection under thr copyright law as is 

 BOW afforded to productions of a strictly dramatic 

 character. There can be no reason why the same 

 protection chotiM not he extended to one species of 

 lit.-r.iry property of this general character as to the 

 other, and the omission to include nrotective j.n.vi- 

 aions for moaical compositions in the law sought to 

 be amended was doubtless the result of <>\.T-i-lit. 

 The committee i* of the opinion that the existing 

 law should be so amended as to provide adequate 

 protect i- ; i t-> tl.ii species of literary t>roducti<>n. 



" The bill pro v ides, sect md Iv, for added means for 

 the protection of authors of dramatic and opera t ic 



- In recent years the business of producing and 

 staging plays and operas by American author? has 

 largely increased, nnd in many instances have met 

 with the very highest measure of success. Many of 

 the best stage production- of modern times have 

 been the work of American authors. 



-These productions in many instances have been 

 carefully and elaborately placed upon the stage at 

 verv heavy expense to proprietors and managers, 

 and their representation baa given employment in 

 various way* to thousands of people. 



- The existing law relative to copyrights has been 

 found to be inadequate to properly protect aut h- T- 

 and producer* of American plays and ..p.-ra- in the 

 enjoyment of their rights of property in these dulv 



; . - : : . ' :,- 



'TOW in various sections of the country have, 

 ut thf diadowof right or authority, pirated 

 then work*, and. confining their operation- chiefly 

 to the smaller and more remote towns, have R 

 representation* of these stolen prod., their 



own individual profit, and without making an v 

 pension whatever to author* or owners. Under 

 existing condition* no adequate remedy exist* for 

 thi- unlawful usurpation of property rights. 



" The offenders are almost uniformly men with- 

 out attachable mean*, and defy all the ordinary 

 proccSJSM by which thev might lie mulcted in dam- 

 ages. The representation of these pirated produc- 



- is generally given for a night or t wo only at a 

 given place, ami the offenders Hit from section to 

 section and fn an<l l>i.| ddiancc to 



the processes of the court- seeking to restrain their 

 unlawful acts. 



- embarra.- .\e arisen in the ef- 



these judicial orders and to punish 



olTell . c.f thelll. 



\\ hile it is true that an injunction order i>-ued 



by a court of eoiupetelit jurisdiction is o|n-ratl\e 

 U'IMHI the conscience of the 1..V 



I poll 



where in the I'nited Slate-, it appears that an at- 

 tachment for contempt of sudi order < an not 1 



cuted except ill tliecin-nit of the ei.lirt which 1 



the original order, and this dill seeks t 



tin- ditliculty. 



"The Mil farther provides that the j.iracy. the 

 unlawful production of any duly copyrighted play 

 oropera. if it he determined that such unlawful rep- 

 resentation was willful and for profit, shall ! a nn- 

 nior. and shall sulject t he offender, upon con- 

 viction, to the liam'lilyof imprisonment t 

 not exceeding one year. 



The reason for "t he enactment of this pro\i-ion 

 has already IH-CH outlined. 



"The unauthori/.ed puldication of a copyrighted 

 book may ordinarily be adequately punished thi 

 civil proceedings aiid under the provisioi 

 ing law. The otTender in such ca.se is a person of 

 fixed domicile, and has a press and the implements 

 of hi- luisine . -o that t he ordinary pn-re ,> ,,f the 

 court may readily he -erved upon him. and h. 

 becompeilsd t> n-pond in damages for hi- \v : 

 doing. 



These conditions do not exist, as a rule, in the 

 case of the professional play pn 



"It i- difficult to serve him with injunction and 

 court orders because of his migratory haliit-. and as 

 he is frequently without attachable mean- it i- im- 

 possible to satisfy a money judgment au'am-t him. 



Testimony has Ix-ni adduci the com- 



mittee showing that the losses accru in L: to authors 

 and owners of copy righted productions l.y the-e pi- 

 racies amount to 'large sums each little 

 protection is in fact afforded under existing condi- 

 tions that many prominent American dramatic au- 

 thors no longer L r o to the trouble and expense of 

 taking out copyright- for their work-. 



(Weeding thai for lii;ht cau-e- nothing should 

 be added to the jurisdict. : the l-'ed- 



eral courts, it would seem that the circumstaii 

 connection with the wholesale piracy of the-e pro- 

 ductions <if native authors demand that something 

 more nearly akin to dra-tic measures should I 



\oked to remedy the evil." 



Selling Liquor to Indians. .Ian. 1*. !*'.:. the 



House took up and pa--ed the fo||-,wii,. 

 to prohibit the sale of intoxicating drink- to In- 

 dian-, providing penalties therefor, and for other 

 purp- 



" lie it enact f<L -/r.. That any person who shall 

 sell, give away, di-p 'i.-inge. or barter any 



malt, spirituous, or vinou- li.pior. including 

 Je, MM wine, or any ardent or ot her intoxicating 

 liquor <f any kind whatsoever, or any . 

 tract, bitter-', preparation, compound, composition, 

 or any article what-oevj-r. under any name, label, 

 or lirand, which produces Intoxication, to any In- 

 dian to whom allotment of land ha- li.-en made 

 while the title to the same shall be he. Id in triM by 

 'overninent. or t> any Indian a ward of the 

 mnent under charge of any Indian superin- 

 tendent or agent, or any Indiati.'including mixed 

 bloods, over whom the Government, through its de- 

 partment-, exercises guardianship, and any [ 

 who shall introduce, i.r attempt to introduce, any 

 malt, spirituous, or vinous liquor, including 1 ' r. 



