"On the title-page or page immediately f_A Treatise Upon the Law of Copyright in the United Kingdom and the Dominions of the Crown, and in the United States of America Containing a Full Appendix of All Acts of Parliament International Conventions, Orders in Council, Treasury Minute and Acts of Congress Now in Force.

Designs for moulded decorative articles, tiles, plaques, or articles

of pottery:

"Upon the back or bottom of such articles or on such other place

upon them as it has heretofore been usual ... for the placing of

manufacturers, merchants, and trade marks thereon."[1371]

Other works, including musical compositions, photographs, pictures,

engravings:

"Upon some visible portion thereof, or of the substance upon which

the same shall be mounted."[1372]

The statutory requirements as to notice must be strictly complied

with, and a departure from the exact words of one or other of the

alternative forms may be fatal to the right of action. When the only

notice on a book was "Entered according to Act of Congress, in the

year 1878, by H. A. Jackson," it was held an insufficient notice as

complying with neither of the two alternative forms.[1373]

[Sidenote: Slight variation.]

A very slight variance in the words or the orders of the slight words,

if the matter is substantially the same, will not, however, make a bad

notice. Thus "1889, Copyrighted by B. J. Falk, N. Y.," has been held

a good notice.[1374] So also has "Copyright entered according to Act

of Congress, 1889, by T. C. Hefel, civil engineer." It was held to

comply with the short alternative notice, viz.: "Copyright, 18--, by

A. B.," the superfluous words being disregarded on the doctrine of

_utile per inutile non vitiatur_.[1375]

_The name of the proprietor_ who takes out the copyright is an

essential part of the notice. In _Osgood_ v. _Aloe_[1376] the

following notice was printed on the page following the title-page,

and the name of the publishers, who were also the proprietors, printed

on the title-page was insufficient. There was nothing to show that

they were proprietors as well as publishers. Copyright may be taken

out in the name of a firm or a conventional trade name, and if that

name is on the notice it is sufficient.[1377] But it must be the full

and proper name under which the proprietors are trading. Thus when

_The Illustrated American Publishing Company_ issued a paper entitled

_The Illustrated American_, the following was held an insufficient

notice on a crayon drawing published by the Company, viz.:

"Copyrighted 1891, by _The Illustrated American_."[1378] It seems,

however, that it is not necessary for an individual to give his full

name if what is given is sufficient for the purposes of identity. Thus

the surname and the first letter of the Christian name,[1379] and in

one case the surname alone have been held sufficient.[1380] The latter

case was that of a photographer in Brooklyn. It was shown that there

was only one photographer of that name in Brooklyn, and the notice ran

"Copyright, '93, by Bolles, Brooklyn."[1381] If the full name is given

there is no necessity to give the address of the proprietor, even

although he be a foreigner resident abroad.[1382]

It will not do to put the name of an agent on the notice. In _Nifflin_

v. _Dutton_[1383] the authoress of "The Minister's Wooing" took out

a copyright in the whole book in her own name. Subsequently several

chapters of the story were published serially in the _Atlantic

Monthly_. The only notice of copyright in that magazine was in the

name of the publishers, Ticknor and Fields. It was held that these

chapters had not a sufficient notice. Great care must be taken in the

case of serial publications. If a story is published in a magazine

each part must be treated as a separate book, and must contain a

notice of copyright by the author if he is the owner. When the book is

published as a whole these notices must be repeated; it will not do

merely to copyright the whole book afresh and print a new notice.

_Date of Entry._--The date required is the year only; neither the day

nor the month is necessary. The statement of a wrong year has been

held fatal to the notice. In _Baker_ v. _Taylor_[1384] the true date

of taking out copyright was 1846. The notice stated 1847 as the year,

and this was held as bad notice, even although the error arose from

mistake. But in _Callaghan_ v. _Myers_[1385] the notice put an earlier

instead of a later date than the actual date of deposit; the true date

being 1867, the notice declared copyright to have been entered in

1866. This was held an immaterial error, since it deceived no one, and

would only operate to shorten the claimant's copyright by one year.

In _Schumacher_ v. _Wogram_[1386] Wallace, J., doubted whether the

declaration in the notice of a date earlier than the true date would

not make the notice void. It is immaterial that the date on the notice

is abbreviated if it is sufficiently clear what date is meant; thus,

"Copyright, '94, by A. B.," is a good notice.[1387]

It is extremely difficult to determine what date the law requires to

be placed upon the second or subsequent edition of a book wherein

substantial alterations or additions have been made. In the case of

a reprint, I think it is clear that the date of the first edition,

and that only, is the correct date; and even where alterations or

additions have been made I think that that date is necessary, and

I doubt whether it is necessary to add another notice giving the

date of the revised edition. It would seem that a subsequent edition

does not require to be "entered" in the same manner as the original

edition; the statute is complied with by the deposit of a copy of

every subsequent edition wherein any substantial changes shall be

made. If this is done copyright in the alterations seems to have been

procured. In _Lawrence_ v. _Dana_[1388] Clifford, J., held that it

was not necessary in a subsequent edition to give the date of the

entry of the first edition[1389]; but I doubt if this is sound. On the

whole, I think the correct view is that the matter peculiar to the

first edition, whether it be printed in the first or any subsequent

edition, must bear a notice with the date when that matter was first

entered, and that the matter peculiar to any subsequent edition will

be protected until the expiry of the copyright in the first edition,

if it bears a notice with the date of the first edition only, and if

a copy has been sent to the Librarian of Congress. I further think

that the matter peculiar to subsequent editions may be protected for

the full term of twenty-eight or thirty-two years from the date of the

first publication of the edition in which it is first contained, if

such edition is separately entered, by two copies of the title-page

and of the book being deposited, and if it bears a notice with the

date of such separate entry. I think, therefore, in every new edition

in which there is a substantial alteration or addition there should

as a matter of practice be a separate entry of copyright and separate

notices on the title-page, one for each edition of the book.

The question may be raised as to whether a book is a subsequent

edition or an entirely new book. In _Banks_ v. _M'Divitt_,[1390] the

plaintiff had annotated the rules of the Supreme Court of New York.

He had published such annotated editions in 1858 and 1871. In 1874

the rules were extensively amended, and the plaintiff published an

annotated copy. It was held that this was not a subsequent edition of

the original annotated rules, and therefore no notice of the original

date of publication was required. I very much doubt whether this is a

sound decision. It seems to me that in so far as the new book was the

same as the old, it was a subsequent edition, and in order to retain

protection required a notice of original publication.

_Every published copy_ of every edition[1391] of a work must have

the statutory notice thereon; every proprietor who sues must have

printed the notice on every copy published by him. If an assignee of

a copyright fail to print a proper notice he will have no remedy even

against his assignor for infringement.[1392] From the wording of the

Act of June 18, 1874, it seems that the printing of the notice is not

now a condition precedent to copyright, but is only a condition of

the right of action upon infringement. It is, I think, questionable

whether the failure of A to print a proper notice will affect the

right of B, his assignee, to sue for an infringement subsequent to

the assignment. One who makes an unauthorised copy of a literary or

artistic work is not exempt from liability merely because he can

show that the copy from which he copied had no notice. His defence

must be that such copy left the proprietor's hands without a proper

notice.[1393] The question has been raised, but not answered, whether

if the proprietor grant a licence, and the licensee omits to insert a

proper notice, the proprietor is without a remedy.[1394]

Formerly if a book were published in several volumes at different

times, it was sufficient to place the notice on the first volume

only,[1395] but now since the Act of 1891[1396] each volume of a book

and each number of a periodical is to be considered an independent

publication, and the notice must be placed on each volume or part

accordingly.

There is no special provision in the law of the United States as to

newspapers and other periodical works, therefore each issue must be

considered a separate work, and the requisite formalities complied

with in each case.

_Notice on Painting._--It was contended in one case[1397] that there

was no necessity to place the notice on an original painting, the Act

only requiring notices to be placed on copies made therefrom. The

Court held, however, that the original work was a "copy" within the

meaning of the provision in the Act, and must be inscribed with the

notice accordingly.

_Maps in Atlas._--Each map contained in an atlas does not require to

be separately copyrighted, or bear a separate notice of copyright.

They are protected by a copyright of the entire work.[1398] The same

would, no doubt, apply to a volume of engravings or other works of art.

=Publication.=--There appears to be some doubt as to whether

publication is necessary as a condition precedent to the statutory

rights. The duration of copyright is to be measured from the date

of the deposit of the title or description with the Librarian of

Congress; but probably that in itself gives no proprietary right

either in the title or the book. It has been suggested that it gives

an "inchoate right," or an "equitable right, which Chancery will

protect until the other acts may be done."[1399] It may be that

when the formalities have been completed by deposit of copies the

right then acquired dates back to the deposit of title so as to give

a statutory remedy against an infringement made between the two

dates.[1400] When the copies of the book have been deposited, the

express conditions precedent of the statute have been performed; but

the question has been raised whether there will be copyright unless

within a reasonable time thereafter the book or other work is put

in circulation among the public. In _Boucicault_ v. _Hart_[1401]

the Court held that although the title-page had been filed there

could be no copyright without "a deposit of copies and publication."

In _The Jewellers' Mercantile Agency_ v. _Jewellers' Publishing

Company_[1402] the New York Supreme Court, on a question as to

whether an action should be founded on the Statute or at Common

Law, held that although there had been deposit of title and deposit

of copies in accordance with the Acts there could be no copyright,

but only a common law right unless there had been a "publication."

In _Ladd_ v. _Oxnard_,[1403] the circuit judge, Putnam, thought

that the statutory right was perfected by deposit of copies, and

that from then, until "publication," there were concurrent remedies

under the Statute and at Common Law. After the decision in _Ladd_ v.

_Oxnard_[1404] the decision in _The Jewellers' Mercantile Agency_ v.

_Jewellers' Publishing Company_ was reviewed by the Appeal Court of New

York.[1405] The Court was unanimous in reversing the judgment below,

and holding that the plaintiff's right of action was a statutory right

and not a common law right. Three of the judges gave their decision on

the ground that the facts proved showed a publication subsequent to

deposit; but the other three gave it on the ground that the deposit

itself was a publication and completed the statutory copyright. It is

submitted that this latter is the correct view, and that, therefore,

after deposit of the title-page and deposit of copies in due form

nothing further is necessary to acquire copyright.

Apart from the question as to whether publication is necessary to

complete the statutory right, several questions of importance may

arise on the fact or date of publication, _e. g._:

1. The remedy at Common Law depends entirely on the

absence of publication.

2. The due performance of the formalities of deposit

of title and copies are relative to the date of

publication.

The essence of publication consists in a disclosure of the thing

itself, so that the public without discrimination of persons have

an opportunity of enjoying its use.[1406] The most usual method of

publication of a literary or artistic work is the offering for sale,

selling, or giving away of copies.[1407] It is not necessary that a

copy of the book be actually sold, it is sufficient if it be offered

to the public. The act of publication is the act of the author, and

cannot be dependent on the act of the purchaser.[1408] Gratuitous

distribution to members of the public, or leaving copies in a place to

which the public have access, such as an hotel, is publication.[1409]

The sale or distribution of copies, however, may be so limited to

individuals, or particular classes of individuals, as not to amount

to publication. When before the advertised date of publication

an advance lot of books in quires unbound were sent to different

publishers, with a request not to publish until bound copies should

be sent, it was held, in the absence of evidence that the request

was not complied with, that there had been no publication.[1410] The

author of a literary or artistic work may circulate it among his

friends, or among a restricted class subject to conditions, and at

the same time retain his common law right in unpublished work.[1411]

A teacher may circulate copies of his work among the members of his

class without publishing the work.[1412] In one case a sheet of

miniature copies of engravings was sent round to picture dealers

solely for their inspection and to solicit orders. This was held not

to be a publication.[1413] Copies of an unpublished opera given to the

performers marked "Right of Representation and Reproduction Reserved"

is not a publication.[1414] The transmission of news over telegraphic

instruments does not constitute a general publication.[1415] In order

to protect the common law right the distribution of copies must be

strictly confined to individuals or to a class. If the man in the

street may buy it there is a publication even although the work is of

such a nature (_e. g._ a trade journal) as will practically be confined

to a limited class.[1416] It does not make it the less a publication

that every purchaser of, or subscriber to, a literary or artistic work

is bound by restrictive conditions as to its use. So long as the work

is put within the reach of all and not limited to a class, it matters

not what conditions are imposed on the individual subscriber.[1417]

Thus the sale of a book to all who paid for a course of instruction

in a system for training the memory was held to be a publication

notwithstanding that each sale was made under a contract not to

disclose the contents to others.[1418] A book may be published

although it is not sold but issued on loan to subscribers with an

express condition that the copy must be returned on the expiry of the

subscription.[1419] Publication of a book in a serial form reserving

all other rights to the author, is such a publication as to abandon

the copyright to the world, if steps have not been taken to copyright

it before such publication.[1420]

I have little doubt, but there is no definite authority, that a book

may be published so as to destroy the common law right, although it is

not printed. Circulation in manuscript would be enough.[1421]

The public performance of a dramatic piece is not a publication of

it so as to deprive the proprietor of his common law right in the

manuscript.[1422] The same rule probably applies to the oral delivery

of a lecture or sermon, unless there is some act or circumstance from

which it can be implied that the speaker intended to abandon the

literary matter to the free use of the public.

It has been held by the Circuit Court of Appeals[1423] that the

exhibition of a picture in a public gallery is a publication of the

picture so as to destroy the owner's rights, unless he has taken steps

to secure a copyright. One of the three judges dissented from the

judgment, but on what ground does not appear. In a case decided by a

district judge,[1424] shortly before the one just cited, the judge

thought that the exhibition of a painting in a public saloon did not

work a forfeiture of the right to obtain copyright unless the general

public was permitted to take copies at pleasure, and such permission

would not be assumed in the absence of direct evidence. The same judge

decided that neither the sale of a replica in a different size made

before the principal picture by way of a study nor the publication of

a crayon sketch in an exhibition catalogue was a publication of the

picture. It is submitted that the exhibition of a picture in a public

gallery is a publication. It seems to afford the public an opportunity

of making every legitimate use of the contents of the picture. They

could not make any greater use of the contents if they bought an

engraving of the picture. It would not even then be lawful for them to

make copies of the picture. As to the replica and the rough sketches

in the catalogue, no doubt they were not "copies" of the picture, and

therefore their publication could not entirely destroy the copyright

in the picture; but if these were published without being copyrighted

or without statutory notice, clearly the public could copy them, and

to that extent the copyright in the design of the original picture

would have been forfeited.

An unauthorised publication will not operate to forfeit the common law

rights;[1425] but if authorised by the owner it is immaterial that the

publication constitutes a breach of contract with a licensee or part

assignee.[1426] Thus the author of a German unpublished play conveyed

the performing rights in the United States to a citizen of the States,

and contracted with him that he would not publish the play as a

book. In breach of this contract the play was published in Germany

under the authority of the author. It was held that such publication

destroyed all literary rights in the United States.[1427] When the

defendant relies on previous publication he must definitely prove such

publication, and that it was made with the consent of the owner.[1428]

_The Library of Congress._--All the copyright records are in the

Library of Congress at Washington, and are kept by the Librarian of

Congress, who makes an annual report to Congress of the number and

description of copyright publications.

The Librarian of Congress must record the name of each copyright work

in a book kept for the purpose. The form of entry is as follows:

"Library of Congress, to wit,--Be it remembered that on the

----day of ----, A. B. of ----, hath deposited in this office the

title of a book (map, chart, or otherwise as the case may be, or

description of the article), the title or description of which

is in the following words, to wit: (here insert the title or

description), the right whereof he claims as author (originator or

proprietor as the case may be), in conformity with the laws of the

United States respecting copyright.--C. D., Librarian of Congress."

The librarian must give a copy of the title or description under

the seal of the Librarian of Congress to the proprietor whenever he

requires it.

The Librarian of Congress is entitled to receive from the persons to

whom the services are rendered the following fees:[1429]

1. For recording title or description 50 c.

2. For a copy of such record under seal 50 c.

3. For recording and certifying a written consignment $1

4. For a copy of an assignment $1

All fees so received must be paid into the Treasury of the United

States.

The charge for recording the title or description of the work of a

person not a citizen of, or resident in, the United States is $1.

The Librarian forwards a note of the title-entries to the Secretary

of the Treasury, who must prepare and print, at intervals of not more

than a week, catalogues of such title-entries for distribution to the

collectors of customs of the United States and to the postmasters of

all post-offices receiving foreign mails; and such weekly lists as

they are issued are furnished to all parties desiring them at a sum

not exceeding $5 per annum.[1430]

The Secretary and Postmaster-General are empowered and required to

make and enforce such rules and regulations as will prevent the

importation into the United States of all articles prohibited by the

The Postmaster to whom a copyright book, title, or other article is

delivered for the Librarian of Congress must, if requested, give

a receipt therefor, and when so delivered he must mail it to its

destination.[1432]

For every failure on the part of the proprietor of any copyright to

deliver or deposit in the mail either of the published copies, or

description, or photograph, the proprietor of the copyright is liable

to a penalty of $25, to be recovered by the Librarian of Congress

in the name of the United States in an action in the nature of an

action of debt in any district court of the United States, within the

jurisdiction of which the delinquent may reside or be found.[1433]

SECTION IV.--IMMORAL WORKS.

A work containing immoral matter will not receive the protection of

the Courts.[1434] A song containing the verse, "She's the hottest

thing you ever seen," was not protected.[1435] The introduction of

obscene, profane, or libellous matter into a literary or artistic

work does not render it _publici juris_; the copyright remains, but

the Court will not entertain any action upon it. Thus in _Broder_ v.

_Zeno_[1436] the Court said that their decision to refuse protection

would not prevent the complainants from republishing their song, and

by omitting the objectionable word thus secure a valid copyright.

If an action is brought for the piracy of immoral matter it will be

dismissed without costs to either party. The fact that a work such

as playing cards may, and probably will, be used for an unlawful

purpose, does not disentitle it to protection.[1437] A guide to the

turf has been protected,[1438] so has a list of records and trotters

and pacers.[1439]

SECTION V.--DURATION OF COPYRIGHT.

"Copyrights shall be granted for the term of twenty-eight years

from the time of recording the title thereof."[1440]

"The author, inventor, or designer, if he be still living, or his

widow or children if he be dead, shall have the same exclusive

right continued for the further term of fourteen years, upon

recording the title of the work or description of the article so

secured a second time, and complying with all other regulations

in regard to original copyright, within six months before the

expiration of the first term: and such persons shall, within two

months from the date of said renewal, cause a copy of the record

thereof to be published in one or more newspapers printed in the

United States for the space of four weeks."[1441]

In _Callaghan_ v. _Myers_[1442] it was said that if by an error the

notice of copyright on a published book bore a date prior to the

actual year of publication the result would be not that the notice was

bad, but that the term of copyright would date from the year specified

in the notice.

Notice that the right to obtain an extended term is not given to the

"proprietor;" therefore an employer whose servant did literary or

artistic work in his employment would not be entitled to an extension.

It seems doubtful whether the servant in such a case, although the

actual author, would be entitled to an extension: it is thought not.

If the author, inventor, or designer assigns his copyright, he does

not part with his right to an extension unless this is clearly

intended by the transfer.[1443] From the terms of the statute one

might doubt whether the right to obtain an extension is assignable.

No doubt a contract to assign it would be valid, and a document

purporting to assign it would be held equivalent to such, so that on

the extension being acquired the purchaser could compel an assignment.

If the author of an unpublished work conveys all right, title, and

interest in it to another, he certainly cannot take out an extended

term to run against his grantee.[1444] It seems doubtful whether he

can take it out at all. Certainly his grantee cannot, and probably the

author could not for his benefit.

If the original term is invalid there will be no right to a

renewal.[1445]

CHAPTER III

WHO IS THE OWNER OF THE COPYRIGHT?

Under Section 4952 of the Revised Statutes as amended by the Act of

March 3, 1891, the statutory right is vested in "the author, inventor,

designer, or proprietor, and the executors, administrators, or assigns

of any such person."

Care must be taken in entering a copyright that it is entered by and

in the name of the owner of the common law right in the literary or

artistic work. The entry does not require to be in the name of the

author or to disclose who he is. It must be in the name of the owner,

and if entered in the name of any other person it will be a bad

entry.[1446] Thus, when a printer in his own name copyrighted a book

of which he was not the owner, he could not maintain an action either

for his own use or for the use of the owner.[1447] Every action for

infringement must be brought in the name of the owner of the copyright

for the time being; and it would seem, if he is not the author

himself, he must show a derivative title from the author.[1448] The

owner of a manuscript by an author unknown would not be entitled to

SECTION I.--THE AUTHOR.

_Primâ facie_ the author is owner of the copyright. If he is in a

position of employment the right in his work may vest on creation

in his employer; or he may have contracted in such a way that the

property passes to another.[1450] But some relationship or contract

must be shown whereby the right passes, otherwise it remains the

property of the author. The author who does work on commission does

not necessarily part with his copyright, it may be expressly or

impliedly reserved;[1451] neither does an author under a publishing

agreement necessarily convey his rights to the publisher.[1452] In

either case it will depend on a construction of the contract between

the parties.

The author of a literary or artistic work is the man who creates

it in his mind.[1453] He may employ others in the execution of the

details or in the merely manual or mechanical work and yet remain the

sole author. The author of a photograph is the man who arranges the

subject and makes choice of the time and light. It does not make him

any less the sole owner of the work that he employs some one to take

off the cap or perform other manual details. A man who compiles a

dictionary or a directory may be the sole owner of it, although he has

had scores of employees working up the separate parts for him.[1454]

But to constitute one an author he must show that his was the

"inventive" or "creative" mind; it will not do that he has suggested

a scheme and employed or procured some one else to carry it out

independently;[1455] he must by his own intellectual labour applied to

the material of his composition produce an arrangement or compilation

new in itself.[1456] There may be joint authorship resulting in

co-ownership.

When an unpublished work or copyright belongs to two or more persons

in common, whether as co-authors or co-assignees, either of the two

may alone sue a wrongdoer,[1457] and either may at his own expense

publish the book without accounting to his co-owner.[1458]

SECTION II.--THE EMPLOYER.

Probably in the case of a paid servant who does literary or artistic

work for his master in the course of his employment, the master is the

proprietor of the work even in its embryo state, and no conveyance,

transfer, or consent by or on behalf of the servant is necessary

to entitle the master to enter the copyright in his own name as

proprietor. In such a case he does not require to show that he is

the "author" of the work; he is a proprietor, and is entitled to the

In the case of work done on commission the relationship of the parties

is somewhat different. The author is not a servant but an independent

contractor, and therefore his work does not _ab initio_ vest in his

employer. There is a strong presumption in the case of a commission to

execute work not in existence at the time, that the work when executed

is to belong unreservedly to the person giving the order.[1460] The

question depends, however, entirely on what the actual agreement

between the parties was.[1461] An author, although he does work on

commission, may well reserve the copyright to himself, giving to his

employer a licence for a particular purpose only.[1462] If it has

been agreed expressly or impliedly that the employer is to become

owner of the copyright, then the delivery of the manuscript or other

work in fulfilment of the contract will pass the author's literary or

artistic common law right to the employer, and the latter may take

the copyright in his own name as proprietor.[1463] If the term of the

contract were that the author should retain the copyright, copyright

must be entered in the author's name.

SECTION III.--THE STATE.

It has been questioned whether the Government of the United States or

an individual State could take out a copyright for itself.[1464] It

does seem doubtful whether the State can _ab initio_ be the proprietor

of a copyright. As was pointed out in _Banks_ v. _Manchester_:[1465]

"The State cannot properly be called a citizen of the United

States or a resident therein, nor could it ever be in a condition

to fall within the description in the Revised Statutes, section

4952 or section 4954."

A corporation, however, has been held capable of entering itself as

the original proprietor of a copyright.[1466] In the case of _Heine_

v. _Appleton_,[1467] where an artist was employed on a Government

expedition to Japan on the terms that all his artistic and scientific

work should be the property of the United States Government, and the

artistic material was, with the artist's consent, published by order

of Congress in the report of the expedition, it was said that the

artistic matter had been abandoned to the free use of the public.

It does not appear, however, whether Congress, if they had taken

steps, could or could not have secured a copyright in the literary

or artistic matter in the report. Whether or not the Government

of the United States or a State could be lawfully entered as the

original proprietors of a work, it cannot be seriously doubted that as

assignees they could acquire a copyright in matter already copyrighted

by an individual. This they would be entitled to purchase and hold

as any other Government property, such as ships, guns, and stores. A

of the people.[1468]

SECTION IV.--THE ASSIGNEE.

Before copyright has been secured the common law rights in a

manuscript or other unpublished work may be conveyed by parol; no

writing or evidence in writing is required.[1469] If a publisher takes

a copyright in his own name with the knowledge and acquiescence of the

author, the publisher is the lawful owner of the copyright subject

to his accounting to the author in terms of the contract between

them.[1470] Under the Act of 1831, and until the Revised Statutes,

1874, were passed, it would seem that a manuscript could not be

assigned except by writing.[1471] Although the common law exclusive

right of first production may pass by parol or delivery, it does not

necessarily pass with possession or even with the ownership of the

manuscript or other work. An author or other proprietor may sell

documents, pictures, or other literary or artistic articles, reserving

to himself the right of publication and right to acquire copyright

and subsequently multiply copies.[1472] If an author's manuscripts

are sold in execution, the purchaser does not acquire the right of

publication.

After copyright has been secured the assignment is governed by

statute. Section 4955 of the Revised Statutes, 1874, provides that

copyrights are assignable in law by any instrument in writing, and

such assignment must be recorded in the office of the Librarian of

Congress within sixty days after its execution; in default of which

it is void as against any subsequent purchaser or mortgagee for a

valuable consideration without notice.

It must be considered at least doubtful whether this section affects

a question between the parties or between the assignee and one who

does not claim through the assignor.[1473] Mr. Drone, in his work on

merely permissive, and intended to show that if the assignment is

in writing no formalities are required. I doubt if this is sound. I

think that even as between assignor and the assignee the assignment

must be in writing; but I think the assignee can, without recording

the assignment, sue his assignor or any third person, except those who

claim a title through the assignor.

An agreement to assign may be made by parol, and where there was no

subsequent assignment in proper form damages could be recovered for

breach of the agreement.[1474]

Any alien friend may be an assignee of a copyright in the United

States.[1475]

The assignee appears to take with the copyright an assignment of the

assignor's choses in action; he has been held entitled to sue in

respect of infringements committed prior to assignment.[1476]

An assignment need not necessarily be made by conveying the author's

entire right to one person. It may be conveyed to two or more persons

in common, or an undivided interest may be conveyed to one or more

persons.[1477] We have seen that the statutory right of reproduction

is divisible from the right of property in the concrete work.[1478]

Thus an author may sell his painting or manuscript and retain the

right to multiply copies. Further, the various rights of copyright

may be split up as the holder pleases;[1479] one may have the right

of printing, another the right of translating, and a third the right

of performing. The assignment may also be limited as to a particular

country or countries,[1480] the right to perform or print in America

may be given to A, and the right to perform or print in Great Britain

to B. Probably an assignment cannot be limited to a portion of the

United States.[1481] I do not think that a copyright could be assigned

for a limited time.[1482]

As a rule a licensee cannot sue in respect of an infringement; but

a licensee has been held the proper party to sue when he was an

exclusive licensee, and by the terms of his licence was to bring all

necessary suits.[1483] Copyright passes by bequest or on intestacy to

the executors or administrators of the owner.[1484] On bankruptcy the

bankrupt's copyrights may be applied for the benefit of the estate;

but it would probably be necessary for the Court to order a transfer

in conformity with the requirements of the Copyright Acts.[1485]

Probably a bankrupt's manuscripts and other private matter could not

be published for the benefit of the estate without the consent of the

bankrupt.

CHAPTER IV

INFRINGEMENT OF COPYRIGHT

The exclusive right given by the statute is "the sole liberty of

printing, reprinting, publishing, completing, copying, executing,

finishing, and vending ... and, in the case of a dramatic composition,

of publicly performing or representing it or causing it to be

performed or represented by others; and authors or their assigns shall

have exclusive right to dramatize and translate any of their works for

which copyright shall have been obtained under the laws of the United

States."[1486]

SECTION I.--WHAT IS A PIRATICAL COPY.

A copy of a literary or artistic work is such a reproduction of the

original as will serve in whole or in part as a substitute for the

original. Thus the plate from which a piratical engraving is intended

to be struck is not a copy of the original engraving amounting to

an infringement.[1487] Neither when several stones are required to

produce a lithograph is an impression of the first stone only giving

a mere outline an infringement.[1488] But a lithograph may be an

infringement of a photograph if it produces the general conception

even although the artistic detail and peculiar merit of the photograph

are not reproduced.[1489] It has also been held that a photograph may

be infringed by the design thereof being stamped on leather for a

chair seat.[1490] A perforated scroll used for a mechanical musical

instrument, such as a pianola or æolian, is not a piratical copy of

the original music.[1491]

It is equally an infringement to make copies of a copyright work for a

private distribution as it is to make them for sale.[1492] Strictly,

even a single copy made for private use would be an infringement.

=Copying may be Indirect.=--A piratical taking need not necessarily

be made direct from an authorised copy of the work alleged to be

infringed. It may be taken from a derivative work, for instance, a

painting may be infringed by copying an engraving made from it;[1493]

or it may be taken from another unauthorised work. It would seem that

it is not considered an infringement of copyright to publish and sell

copies taken from the work before it was copyrighted, even although

published and sold after it was copyrighted.[1494] It might be a

breach of contract or common law right.

=The Intention need not be Bad.=--There is no necessity for the

plaintiff in an action for infringement to show either that the

defendant when he took the matter knew that it was protected by

plaintiff's work was an unfair one.[1495] The defendant may have been

equally ignorant of fact and law, and yet he will be responsible

for the result of his actions. Conversely, if in fact the defendant

has not made an unfair use of the plaintiff's copyright work, it

is immaterial to show either that he thought he was infringing the

plaintiff's copyright or that he intended to carry his work further

and actually to infringe the plaintiff's rights.[1496] The intention

of the defendant, however, may be material as evidence in a doubtful

case.[1497]

=Proof of Copying.=--The onus of proving an infringement is on the

party making the charge.[1498] Mere similarity is not sufficient;

he must show that the work charged as a piracy was taken from his

of errors; but a few solitary instances are not conclusive. In a

question between the authors of two rival law works,[1499] it was held

that the duplication of a few errors in citations was not sufficient

evidence of piracy where there was obviously a great deal of further

work and labour expended in the preparation of the alleged infringing

work. In a question of an alleged infringing digest,[1500] it was held

that the mere verbal identity of the summary of one case where a large

number of cases had been digested was not sufficient proof.

=No Monopoly in Subject-Matter.=--The right of copyright is an

exclusive right of reproducing the whole or any part of an original

literary or artistic work. It differs from a right of patent in that

it does not prohibit another from producing and reproducing a work

identically the same as the protected work, provided that he does so

by going to the common sources of information and not by copying the

protected work. Copyright creates no monopoly in the subject-matter.

One man may compile tables of shipping and railway statistics; another

may, without infringing the former's copyright, collect the same

material and work it up for himself, producing, if accurately done and

on the same principle, a very similar result.[1501] In the same way

arithmetics,[1502] translations,[1503] school grammars,[1504] maps

of a particular country,[1505] biographies,[1506] lithographs,[1507]

law books,[1508] and other works[1509] do not entitle their author

to say to a subsequent worker in the same field that as he was there

first he has a right to exclude others from competition. In one

case[1510] it was attempted to set up a monopoly in the biography of

President Garfield, on the ground that the President had selected

a particular person for the work. The contention was rejected by

the Court. Probably the only case in which an argument in favour of

monopoly in a certain subject-matter has been sustained is that of

_Thomas_ v. _Lennox_.[1511] The subject of the action was Gounod's

Oratorio _The Redemption_. A pianoforte arrangement had been published

without acquiring copyright, but the orchestral score had never

been published. The defendants procured a composer to compose an

orchestral score from the pianoforte arrangement. This they publicly

performed. In an action for infringement of the common law right in

the plaintiff's unpublished orchestral score, the Court, in granting

an injunction, said:

"In this respect an opera is more like a patented invention than

a common book; he who shall obtain similar results, better or

worse, by similar means, though the opportunity is furnished by

an unprotected book, should be held to infringe the rights of the

composer."

It is almost certain that this is bad law;[1512] it is contrary to the

whole principle of copyright, and there is no substantial reason why

an exception should be made in favour of a musical adaptation and not

in that of a map or any other literary or musical work.

=Taking a Substantial Part.=--In _Lawrence_ v. _Dana_, Clifford, J.,

said:

"Copying is not confined to literal repetition, but includes also

the various modes in which the matter of any publication may be

adopted, imitated, or transferred, with more or less colourable

alterations to disguise the source from which the material was

derived; nor is it necessary that the whole, or even the larger

portion of the work, should be taken in order to constitute an

invasion of copyright."[1513]

In _Folsom_ v. _Marsh_, Story, J., said:

"If so much is taken that the value of the original is

sensibly diminished, or the labours of the original author are

substantially, to an injurious extent, appropriated by another,

that is sufficient in point of law to constitute a piracy _pro

tanto_. The entirety of the copyright is the property of the

author, and it is no defence that another person has appropriated

a part and not the whole of any property."[1514]

To constitute an infringement there must be a taking of a material

part of the original matter from another's work.[1515] To determine

what is a material part is often a question of extreme difficulty and

nicety. It depends on the quantity and quality of the matter taken,

the object with which it is taken, the relation of the works to one

another, the proportion of the matter taken to the complete works, but

more particularly to the work of the borrower, the extent to which the

work borrowed from is injured, and the extent to which the borrower

makes profit from the introduction of the borrowed matter.[1516] In

the case of _Morrison_ v. _Pettibone_,[1517] a district judge held

that the taking of the mere outline of a copyright photograph was

not a copying within the meaning of the statutes. In this case it

had been intended by the defendant to make an entire reproduction of

the photograph by the process of lithography. The stones were all

in actual readiness, but only one had been used, giving the initial

colour and exterior lines of the intended lithograph. In one case

where a few references had been taken by the author of one law book

from another, a preliminary injunction was refused on the ground of

small amount.[1518] The alleged infringement of a copyright photograph

need not, however, be substantially identical in order to ensure

conviction; it is sufficient if a substantial portion of the main

design, distinctive ideas, or characteristic features are taken.[1519]

Taking the boundaries of townships from a copyright map has been held

to be an infringement.[1520] The taking of a single scene from the

drama of another may be an infringement.[1521] It is no answer to an

action for infringement to say that the defendant's book in no way

rivals or competes with the plaintiff's work.[1522] That is merely a

question of damages.

=Fair Use.=--Although a man is not permitted to take the whole or

part of another's work in the compilation of his own, he is entitled

to make of that other's work what is known as a "fair use," for the

purpose of a new work. One may use another's book as a guide to

authorities;[1523] for supplying suggestions as to treatment of a

subject;[1524] and for the purpose of checking the accuracy[1525] of

a completed work. One may use it as a storehouse of information; but

in a rival work it will be an infringement to take any of the facts as

arranged, or to take any of the language of the other's book, except

for the purposes of criticism.

Shipman, J., says in _Banks_ v. _M'Divitt_:[1526]

"I do not understand that the rule prohibits an examination of

previous works by the compiler before he has finished his own

book, or the mere obtaining of ideas from such previous works.

"It may be laid down as the clear result of the authorities in

cases of this nature that the true test of piracy or not is

to ascertain whether the defendant has in fact used the plan,

arrangements, and illustrations of the plaintiff as the model of

his own book with colourable alterations and variations only to

disguise the use thereof; or whether his work is the result of his

own labour, skill, and use of common materials and common sources

of knowledge open to all men, and the resemblances are either

accidental or arising from the nature of the subject."[1527]

A dramatist must not take the plot, the characters, the scenes, or

situations from the drama of another.[1528] A musician must not

take his melody from that of another composer.[1529] The compiler

of a digest must not borrow verbatim from the headnotes in the

reports.[1530] The compiler of a directory must discover and make his

own selection of the matter to be comprised in it.[1531] The designer

of a map must not take the position of his towns and boundaries from

a copyright map.[1532] The compiler of a dictionary must not take his

definitions from another's copyright dictionary.[1533] The writer

of a law book must not take his citations and references from the

work of another.[1534] It is no answer to a charge of infringement

for the defendant to say he could have produced the same result with

a little extra trouble. He is not thereby entitled to appropriate

the plaintiff's labours.[1535] A man may take ideas from the work

of another and put his own material into a similar form.[1536] If

one man writes a book on physiognomy on a new system, another may

adopt his system and from his own research write a similar book. So

the copyrighting of tables showing the standing and credit of the

citizens of a state does not prevent another from compiling similar

tables.[1537] The sketch of a detective which was said to convey an

original idea was held not to have been infringed by another drawing

carrying out the same idea but differently executed.[1538] There is

no copyright in a method of advertising,[1539] so that if a tradesman

issues a circular describing a particular method of obtaining goods

by collecting discount coupons, although another tradesman may not

copy his circular he may adopt the same system and issue a catalogue

of his own, describing the system in his own words.[1540] There

is no infringement of a drama in adopting from it a mechanical

contrivance, such as a tank filled with water to represent a river

on the stage.[1541] In the case of _Bullinger_ v. _MacKay_[1542] it

is suggested by Benedict, J., in his judgment that there might be

It is submitted that this is wrong, and that even if the arrangement

was an original one there would be no infringement in taking the

method of arrangement and applying it independently.

=Improvement no Excuse.=--It is no answer to an action for

infringement for the defendant to say that he has made a good work out

of a bad one, and so benefited the literary or artistic world.[1543]

Even although I correct errors and make necessary additions so as

to create from a worthless a useful book, I am not entitled so to

deal with another author's work without his permission. Good or bad,

an author is entitled to do what he likes with his own work and to

prevent others making an unfair use of his labours.[1544]

=Different Object.=--When a subsequent book is written with a

different object from a previous publication it may be legitimate to

take considerable extracts from the earlier work. To what extent this

will be permitted must depend upon the relative value of the matter

taken, and the purpose for which it is taken.[1545] It is not an

absolute answer to an action for infringement to say that the matter

was taken for an entirely different purpose from that for which it was

used in the original work. If the taking in any way supersedes the

uses to which the matter taken might have been put by its original

author there is an infringement.[1546] Thus where the main design of

a photograph was reproduced on stamped leather,[1547] and where the

author of a life of Garfield for the young borrowed largely from a

biography of Garfield written for political campaigns,[1548] there was

held to be infringement. It is the nature and value of the extracts

more than their length or number that must determine whether it was

legitimate to take them or not.

In _Gray_ v. _Russell_,[1549] Story, J., says:

"_Non numerantur, ponderantur_; the quintessence of a work may

be piratically extracted so as to leave a mere _caput mortuum_,

by a selection of all the important passages in a comparatively

moderate space."

=Extract for Review.=--Extracts may be taken from a work for the

purpose of reviewing or criticising it, or writing a treatise in

answer.

"Reviewers may make extracts sufficient to show the merits or

demerits of the work, but they cannot so exercise the privilege as

to supersede the original work. Sufficient may be taken to give a

correct view of the whole; but the privilege of making extracts

is limited to those objects, and cannot be exercised to such an

extent that the review shall become a substitute for the book

reviewed."[1550]

A reviewer must not tear the heart out of a book.

=Abridgments.=--What is called a _bonâ fide_ abridgment is held to be

a fair use of another's work.[1551] The opinions of the judges in the

older cases were derived from the English case law on the subject. I

think it is doubtful whether the English abridgment cases would now be

sustained, as the principle involved is clearly against all the more

recent doctrines as to infringement. In America, however, the judges,

although disagreeing more or less with the case law as to abridgment,

have felt themselves bound by precedent to hold that a fair abridgment

is not a piracy.

In _Story_ v. _Holcombe_,[1552] M'Lean, J., said:

"If this was an open question, I should feel little difficulty in

determining it. An abridgment should contain an epitome of the

work abridged--the principles in the condensed form of an original

book. Now it would be difficult to maintain that such a work

did not affect the sale of the book abridged. The argument that

the abridgment is suited to a different class of readers by its

cheapness, and will be purchased on that account by persons unable

and unwilling to purchase the work at large, is not satisfactory.

This to some extent may be true, but are there not many who are

able to buy the original work who will be satisfied with the

abridgment.... The reasoning on which the right to abridge is

founded therefore seems to me to be false in fact. It does to

some extent in all cases, and not unfrequently to a great extent,

impair the rights of the author--a right secured by law.... But

a contrary doctrine has been long established in England under

the Statute of Anne, which in this respect is similar to our own

Statute, and in this country the same doctrine has prevailed. I am

therefore bound by precedent, and I yield to it in this instance

more as a principle of law than a rule of reason or justice."[1553]

In _Lawrence_ v. _Dana_,[1554] Clifford, J., took a similar view:

"Whatever might be thought, if the question was an open one, it is

too late to agitate it at the present time, as the rule is settled

that the publication of an unauthorised but _bonâ fide_ abridgment

or digest of a published literary copyright, in a certain class of

cases at least, is no infringement of the original."

The learned judge then lays down some restriction on the free right to

abridge:

"Unless it be denied that a legal copyright secures to the

author 'the sole right and liberty of printing, reprinting,

publishing, and binding the book' copyrighted, it cannot be held

that an abridgment or digest of any kind of the contents of the

copyrighted publication, which is of a character to supersede

the original work, is not an infringement of the franchise

secured by the copyright. What constitutes a fair and _bonâ fide_

abridgment in the sense of law is, or may be, under particular

circumstances, one of the most difficult questions which can well

arise for judicial consideration; but it is well settled that a

mere selection or different arrangement of parts of the original

work into a smaller compass will not be held to be such an

abridgment."[1555]

I think that to-day the Courts in America as well as England would,

if the question of abridgments were to come before them, cut down the

right of the abridger very considerably. I could not advise any one

that he was safe in making an abridgment of another's work; certainly

he must avoid making any extracts from the work abridged; the use

of any of the author's language literally or colourably taken would

undoubtedly be piratical.

=Translations.=--Authors and their assigns have the exclusive

right of translating their works into any language.[1556] Before

1891 the translating right had to be expressly reserved by the

author, presumably by notice printed on every published copy of his

work.[1557] No reservation is now required. Before 1870 there was no

exclusive right of translation at all.[1558] The same remarks apply

to the right of dramatization. The right of dramatization probably

does not prevent a stranger from making a dramatic version for his own

private use; but it would prohibit any public use of such a version

whether by publication in print or representation on the stage.

=Dramatic Performing Right.=--In the case of dramatic works the

author and his assigns have the sole right of performing the same

in public.[1559] This right was first given by Act of Congress in

1856.[1560] In _Daly_ v. _Palmer_,[1561] Blatchford, J., defines the

scope of the Act:

"A composition, in the sense in which that word is used in the Act

of 1856, is a written or literary work invented or set in order.

A dramatic composition is such a work in which the narrative is

not related, but is represented by dialogue and action. When a

dramatic composition is represented in dialogue and action by

persons who represent it as real by performing or going through

with the various parts or characters assigned to them severally,

the composition is acted, performed, or represented; and if the

representation is in public, it is a public representation.

To act in the sense of the Statute is to represent as real by

countenance, voice, or gesture that which is not real. A character

in a play who goes through with a series of events on the stage

without speaking, if such be his part in the play, is none the

less an actor in it than one who, in addition to motions and

gestures, uses his voice. A pantomime is a species of theatrical

entertainment, in which the whole action is represented by

gesticulation without the use of words. A written work consisting

wholly of directions, set in order for conveying the ideas of

the author on a stage or public place by means of characters who

represent the narrative wholly by action is as much a dramatic

composition designed or suited for public representation as

if language or dialogue were used in it to convey some of the

ideas."[1562]

It will be an infringement of performing right to take a single scene

from another's drama.[1563] It is more important to consider what is

a dramatic representation than what is a dramatic composition. If a

composition not primarily intended for representation is publicly

represented without permission, even if it was not a "dramatic

composition," the person representing will be liable for having

dramatized it if the representation is dramatic. There can be a

dramatic representation by one actor only, and many music hall songs

are undoubtedly dramatically represented.

=Musical Rights.=--Before 1897 there was no exclusive performing right

in musical compositions as such. It might have been protected from

performance if it could be shown to be part of a dramatic piece.[1564]

By the Act of January 6, 1897, performing right in musical

compositions was first created. The protection is now substantially

the same as in the case of dramatic pieces.

SECTION II.--PROHIBITED ACTS, AND REMEDIES.

It is an infringement, subject to the remedies stated below, to do any

of the following acts in respect of a copyright work.

In the case of:

I. _Books_:[1565] without the consent of the proprietor in

writing signed in the presence of two witnesses.

1. To print or publish.

2. To dramatize or translate.

3. To import.

4. Knowingly to sell or expose for sale copies unlawfully made or

imported.

The owner's remedies are:

1. Forfeiture of copies.

2. Damages.

3. Injunction.

4. Account of profits.

II. _Maps,_[1566] _charts, dramatic or musical compositions, prints,

art engravings, photographs, chromos, paintings, drawings,

statues, statuary models and designs for the fine arts_:

without the consent of the proprietor in writing

signed in the presence of two witnesses.

1. To engrave, etch, work, or copy.

2. To print or publish.

3. To dramatize or translate.

4. To import.

5. Knowingly to sell or expose for sale copies

unlawfully made or exported.

The owner's remedies are:

1. Forfeiture of plates and sheets.

2. Penalty of $1 for every sheet found in

defendant's possession.

3. Penalty of $10 for every copy of a painting,

statue, or statuary.

4. In the case of a photograph made from any

object not a work of fine art, the sum to

be recovered shall not be less than $100

nor more than $5000.

5. In the case of a work of the fine arts or

photograph thereof, the sum to be recovered

shall not be less that $250 nor

more than $10,000.

6. Injunction.

One-half of the penalties under the Act of March 2, 1895,

go to the proprietor of the copyright and the other half to the

use of the United States.[1567]

A series of sheets containing tabulated information has

been held not to be entitled to protection as charts but only

as a book.[1568] An engraving or cut contained in a book or

volume will not be protected as a cut unless it is separately

copyrighted as such.[1569]

III. _Dramatic or musical compositions_:[1570] without the consent

of the proprietor.

1. Publicly to perform or represent.

The owner's remedies are:

1. Damages not less than $100 for the first,

and not less than $50 for every subsequent

performance.

2. If done wilfully and for profit it is a misdemeanour,

and the offender may on conviction be imprisoned for

a period not exceeding a year.

3. Injunction.

Damages cannot be recovered in a suit in equity, the remedy being

limited to an injunction and profits.[1571]

=Account of Profits.=--The right to an account of profits is an

equitable remedy, and incidental to the statutory right, although not

expressly conferred by the statute.[1572]

If a work is in part piratical and in part innocent, then if the

piratical part can be distinctly separated it will be separately

condemned and the profits apportioned.[1573] If the piratical matter

is so mixed up with the rest that it cannot be distinctly separated,

the profits awarded will be the whole profits on the sale of the

book.[1574] When the defendant has sold a book twice, having bought it

back second-hand, the profits include the profits on both sales.[1575]

The cost of producing copies which the defendant did not sell cannot

be estimated in reduction of profits.[1576] There will be no decree

for profits unless there are means of determining in a reliable manner

what sum the defendant received for books.[1577]

=Damages.=--Damages may be awarded in lieu of or as supplementary to

an account of profits. The measure of damages is the diminution in the

plaintiff's sales due to the publication of the defendant's book.

The minimum statutory damages given for infringement of performing

rights are remedial but not penal, and the strict rules of evidence

in criminal cases do not apply.[1578] The penalties given for

infringement of maps, &c., are of a penal nature.[1579]

In respect of maps, musical and dramatic compositions, works of art,

&c., there is no right of action to recover damages merely as such;

the remedy is limited to the prescribed forfeiture and penalties.[1580]

=Penalties.=--Penalty for "each sheet" does not mean for each copy.

Where a large number of lithograph copies of a photograph were printed

on one sheet it was held that only one penalty was recoverable for the

whole sheet.[1581] Cutting up or binding the sheets does not increase

nor diminish the number of the sheets.[1582] Only those sheets which

are "found in the defendant's possession" are penalised.[1583] They

must be alleged and proved to have been actually discovered in the

defendant's possession before the bringing of the action,[1584] and

not merely be found by the jury to have been in his possession. They

need not necessarily have been found by the plaintiff or any one

acting on his behalf.[1585] An employee who holds possession for his

master is not liable in penalties.[1586] Penalties cannot be recovered

in a suit in equity.[1587]

=Forfeiture.=[1588]--It seems doubtful whether the forfeiture of

copies of a book under section 4964 of the Revised Statutes can be

enforced unless the whole book is copied. It was held under the Act of

1831 that they could not,[1589] but I doubt if this is sound.

The statutes give no right of action to the proprietor of a map,

photograph, dramatic or musical work, artistic work, &c., to recover

from an infringer the value of copies which have passed from his

possession.[1590]

=Injunction.=[1591]--A preliminary injunction is granted, but only

in a plain case,[1592] to stay further damage. The Court will always

consider which party is likely to suffer most from the erroneous

granting or refusing of an injunction. In doubtful cases an injunction

will not be granted simpliciter, but the defendants may be required to

keep an account and give a bond to answer damages.[1593] An injunction

will go at the hearing without reference to the question of special

damage.[1594]

=Who is Liable.=--The sale of a play with a view to unauthorised

representation makes the seller a joint infringer of the performing

right.[1595] The manager of a company is not personally liable for an

infringement made by the company without his knowledge and against

his express instructions.[1596] A company is liable in penalties as

well as an individual.[1597] The printer and publisher of a piratical

book are liable equally with the writer.[1598] One who procures an

infringement to be made is liable.[1599]

An employer whose servants or agents infringe the copyright of others

is undoubtedly liable in damages for the wrongful acts of his servants

done in the course of their employment. Thus one who compiles a

directory is responsible for the piratical acts of his canvassers,

even although they acted contrary to his express instructions.[1600]

But it has been held that a man is not liable for forfeitures or

penalties on account of acts done without his knowledge or consent

by his servants or agents in his employment. When an agent had full

authority to advertise his principal's teas as he thought fit and

pirated some election statistics in doing so, it was held that his

principal could not be liable in forfeitures or penalties for acts

done in his absence and without his authority or knowledge.[1601] In

another case it was held that the proprietor of a newspaper was not

responsible in forfeiture or penalties for a piratical copy of a map

which appeared in his newspaper during his absence from the management

and control.[1602] It will be observed that if these cases are sound

the proprietor of the copyright in a map, &c., or artistic work has

no remedy in either penalties or damages against the proprietor of

an infringing publication unless he can show that the piratical

matter was inserted with his knowledge or consent. This follows from

the above decisions that the specific penalties constitute the only

remedy by way of damages which the proprietor of these works can

recover.[1603]

=Limitation of Action.=--No action can be maintained in any case of

forfeiture or penalty under the copyright laws unless the same is

commenced within two years after the cause of action has arisen.[1604]

This includes all claims, not only those for forfeiture and penalty

so-called, but for damages under Revised Statutes, sec. 4964, in

respect of books.[1605]

=Acquiescence.=--Mere delay on the part of the plaintiff in pursuing

his remedy is no defence to an action for infringement.[1606] A

preliminary injunction may be refused on the ground of delay.

The remedy on the final hearing will not be barred by laches or

acquiescence, unless it is tantamount to fraud for the plaintiff to

insist on his legal rights.[1607] A right may perhaps be abandoned by

allowing numerous members of the public to exercise it without licence

or objection.[1608]

=Pleading.=--In pleading, the plaintiff does not have to allege the

facts which make him proprietor.[1609] If it is disputed, it is for

the defendant to allege and prove facts to the contrary.[1610] The

plaintiff, however, must allege specifically a compliance with the

statutory formalities, although he need not allege that publication

took place within a reasonable time after the deposit of the

title.[1611]

In all actions arising under the laws respecting copyrights, the

defendant may plead the general issue, and give the special matter in

evidence.[1612]

=Penalties for affixing False Notice.=--Every person who shall insert

or impress a copyright notice, "or words of the same import, in or

upon any book, map, chart, dramatic or musical composition, print,

cut, engraving or photograph or other article, whether such article

be subject to copyright or otherwise, for which he has not obtained

a copyright, or shall knowingly issue or sell any article bearing

a notice of United States copyright which has not been copyrighted

in this country; or shall import any book, photograph, chromo or

lithograph, or other article bearing such notice of copyright, or

words of the same purport which is not copyrighted in this country,

shall be liable to a penalty of $100, recoverable one-half for the

person who shall sue for such penalty, and one-half to the use of the

United States."[1613]

This section was amended in 1891 and again in 1897. It now reads as

above. Before 1897 the penalty was not recoverable from one who sold

copies, knowing them to contain a false notice, unless he had made

the book or caused the notice to be inserted.[1614] Before 1897 also

there could be no conviction unless the article on which the false

notice was impressed was a copyrightable article.[1615]

The penalty is not recoverable for each copy, but for each issue.

Where chromos were struck off in large numbers for advertising

purposes, each separate batch being printed with a different trade

name for different customers, it was held that the penalty was

recoverable on each batch.[1616] For a notice to incur the penalty as

a false notice, it is not necessary that it should have been printed

as directed by the Acts. It will be subject to the penalty even

although printed in another part of the book.[1617] Rough prints of

a picture made for the purpose of advertisement bore a false notice,

and were held to have incurred the penalty.[1618] It is not unlawful

to impress a notice of copyright on a rough copy of a copyright

picture, even although such copy is not separately copyrighted.[1619]

Liability will not attach unless the notice contains the essentials

of a sufficient copyright notice, viz. "name," "claim of exclusive

right," and "date when obtained." Thus where the date was omitted no

penalties were recovered.[1620] Any one who causes a false notice to

be impressed is equally liable with the person who himself impresses

it.[1621]

=Importing Books Printed Outside the United States.=--If copyright has

been secured in the United States, importation of any book, chromo,

lithograph, or photograph, or any plates of the same, not made from

type set, negatives, or drawings on stone made within the limits of

the United States,[1622] is prohibited, either with or without the

consent of the owner of the copyright.

Except--

1. Works printed or manufactured more than twenty years

at the date of importation.[1623]

2. Books and pamphlets printed exclusively in languages

other than English.[1624]

3. Books and music in raised print used exclusively by

the blind.[1625]

4. Works imported by authority for the use of the U. S. or

the Library of Congress.[1626]

5. Books, maps, lithographic prints and charts specially

imported, not more than two copies in any one

invoice, in good faith, for the use of societies, schools,

colleges, &c.[1627]

6. Books imported for use and not for sale subject to

payment of duty, and not more than two copies at

any one time.[1628]

7. Newspapers and magazines, if they contain no infringement

of U. S. copyright.[1629]

CHAPTER V

COMMON LAW RIGHTS

SECTION I.--PUBLISHED WORK.

After a work has been published it has no protection in the nature

of copyright except under an Act of Congress.[1630] If either from

the nature of the work, or from the want of conforming with the

formalities of the Act, there is no statutory protection, then there

can be no exclusive right of copying the work. After a drama or

musical piece has been published as a book, not only the copyright

in it but also the performing right depends entirely on statutory

protection.[1631] Performance on the stage not being a publication,

affects neither the right of copy nor the performing right.

Although there is no right of copy in a published work except under

statute, there are certain common-law rights based on fraud or implied

contract which are incident thereto, and which neither depend on nor

are affected by statutory protection.

=Passing off.=--One man is not entitled so to produce his book as

to lead the public to believe it is the work of another.[1632] The

same or a similar title is the most usual method of passing off. One

cannot monopolise a purely descriptive title such as "Latin Grammar"

or "Guide to the Alps;" but it was held a passing off to take the

title, "The _Fram_ Expedition--Nansen in the Frozen World;"[1633] so

the title "Social Register" to a select list of residents in a certain

district was infringed by a similar list bearing the title "Howard's

Social Register."[1634] It is immaterial in a question of passing off

that the book itself is unprotected from copying. Thus an English

magazine called "Chatterbox" was largely sold in the United States,

but was not copyright. Although it would have been quite legal to have

copied the English magazine and sold such copies under its own title,

it was not permissible to publish another magazine under the title of

"Chatterbox."[1635] In another case it was held that one might not

adopt the title of another's operetta for his own, even although the

songs and vocal scores of the operetta had been published under the

title without securing copyright.[1636]

It is not a passing off to reprint another man's book and sell

it in his own name, and if the copyright has expired he has no

redress.[1637] He has no property in his own name as such. After the

was held to have no ground for restraining any one from reprinting and

selling "Webster's Dictionary" under that title.[1638] Even where the

name was a pseudonym, "Mark Twain," the author was not entitled to

prevent others from printing and selling some non-copyright work of

his as "Sketches by Mark Twain."[1639]

A man may prevent the publication under his name of a book of

which he is not the author or which has been mutilated without

his authority.[1640] Henry Drummond, the evangelist, delivered a

series of lectures at Boston, Massachusetts, on "The Evolution of

Man." Eight out of twelve lectures were partially printed with

the author's consent in the British Weekly, and no copyright was

secured in America. It was held that Professor Drummond was entitled

to restrain a reprint of these published lectures reproduced with

material alterations, and represented as being the complete series of

lectures.[1641] An author who has parted with or lost his copyright

has no right to regulate the manner in which his work may be

published, provided that there is no misrepresentation causing injury

to the author's name.[1642]

In one case,[1643] however, the defendants were restrained from a

similar proceeding on the ground of unfair trading. They bought

second-hand school books published by the plaintiff, and rebound them

so as to have the exact appearance of the plaintiff's books when new.

It was held that they were entitled to do this without infringing

any right of the plaintiff in their copyright book; but it was also

held that it was not fair trading to sell the rebound books without

sufficient notice that they were rebound.

If there have been several editions of a book, the copyright in the

first of which only has expired, the author may restrain a publisher

from reprinting and publishing the first edition so as to lead the

public to believe that it is a later edition still copyright.[1644]

The owner of a series of novels, published in two editions, cannot

prevent a third person buying a large quantity of the sixth edition

and binding them so as to somewhat resemble the dearer edition.[1645]

When the "Encyclopædia Britannica" was published, only a few of

the articles were copyright in America. It was held that it was

permissible for an American publisher to reprint the whole work so far

as not copyright, and to substitute new articles for the copyright

articles, and so long as there was no attempt to defraud the public to

publish it as the "Encyclopædia Britannica" so revised.[1646]

SECTION II.--UNPUBLISHED WORK.

Unpublished work is protected from interference by the common law of

England, which was brought to and adopted by the United States.[1647]

When the common law is asserted one must look to the law of the

State in which the controversy originated,[1648] since although the

common law of England was adopted, it was adopted only so far as its

principles were suited to the conditions of the colonies at the time,

and some States have incorporated with their laws more and some less.

The rights at common law in unpublished work were not abrogated by

Acts of Congress establishing copyright in published work.

The author of an unfinished work has the right at common law to

prevent any one from making any unauthorised use of his work.[1649]

The author may without publishing make a communication of the contents

of his work to a limited number,[1650] and he may prescribe to them

what conditions he pleases.[1651] A play or song is not published

by performance nor a lecture by delivery.[1652] A work of art is

probably published by public exhibition,[1653] but not by a private

view. A spectator of an unpublished play is not entitled to reproduce

substantial parts of it even from memory.[1654] Similarly with a

musical work or lecture.

An alien author has an equal right with a citizen of the United States

to sue at common law for interference with his manuscript.[1655] A

statutory remedy is given for the unauthorised printing or publishing

of any manuscript. The offender is liable "for all damages occasioned

by such injury."[1656] This statutory remedy neither destroys nor

limits the common law right.[1657] No new right is secured.[1658]

The practical result is that an alternative remedy in the Federal

tribunals is provided where the parties are subjects of the same

State. The plaintiff may proceed either in the State Court or the

Federal Court.[1659] Manuscript under this section is limited to the

meaning of a written document. It does not include a picture.[1660]

APPENDIX

BRITISH STATUTES

THE ENGRAVING COPYRIGHT ACT, 1734.

8 GEO. II. c. 13.

An Act for the Encouragement of the Arts of Designing, Engraving,

and Etching historical and other Prints, by vesting the Properties

thereof in the Inventors and Engravers, during the Time therein

mentioned.

[Sidenote: Preamble.]

I. WHEREAS divers Persons have by their own Genius, Industry, Pains,

and Expense, invented and engraved, or worked in Mezzotinto or Chiaro

Oscuro, Sets of historical and other Prints, in hopes to have reaped

the sole Benefit of their Labours:

And whereas Printsellers, and other Persons, have of late, without the

Consent of the Inventors, Designers, and Proprietors of such Prints,

frequently taken the Liberty of copying, engraving, and publishing,

or causing to be copied, engraved, and published, base Copies of such

Works, Designs, and Prints, to the very great Prejudice and Detriment

of the Inventors, Designers, and Proprietors thereof:

[Sidenote: After 24th June, 1735, the property of historical and other

prints vested in the Inventor for 14 Years.]

[Sidenote: Proprietor's Name to be affixed to each Print.]

[Sidenote: Penalty on Printsellers or others pirating same.]

For Remedy thereof, and for preventing such Practices for the future,

be it enacted, That from and after the Twenty-fourth Day of June,

which shall be in the Year of our Lord One thousand seven hundred

and thirty-five, every Person who shall invent and design, engrave,

etch, or work in Mezzotinto or Chiaro Oscuro, or, from his own Works

and Invention, shall cause to be designed and engraved, etched, or

worked in Mezzotinto or Chiaro Oscuro, any historical or other Print

or Prints,[1661] shall have the sole Right and Liberty of printing

and reprinting the same for the Term of Fourteen Years, to commence

from the Day of the first Publishing thereof, which shall be truly

engraved with the Name of the Proprietor on each Plate, and printed

on every such Print or Prints; and that if any Printseller, or other

Person whatsoever, from and after the said Twenty-fourth Day of June,

One thousand seven hundred and thirty-five, within the Time limited by

this Act, shall engrave, etch, or work, as aforesaid, or in any other

Manner copy and sell, or cause to be engraved, etched, or copied and

sold, in the Whole or in Part, by varying, adding to, or diminishing

from the main Design, or shall print, reprint, or import for Sale, or

cause to be printed, reprinted, or imported for Sale, any such Print

or Prints, or any Parts thereof, without the Consent of the Proprietor

or Proprietors thereof first had and obtained in Writing, signed by

him or them respectively, in the Presence of Two or more credible

Witnesses, or knowing the same to be so printed or reprinted without

the Consent of the Proprietor or Proprietors, shall publish, sell,

or expose to Sale, or otherwise, or in any other Manner dispose of,

or cause to be published, sold, or exposed to Sale, or otherwise, or

in any other Manner disposed of, any such Print or Prints without

such Consent first had and obtained as aforesaid, then such Offender

or Offenders shall forfeit the Plate or Plates on which such Print

or Prints are or shall be copied, and all and every Sheet or Sheets

(being part of or whereon such Print or Prints are or shall be so

copied or printed) to the Proprietor or Proprietors of such original

Print or Prints, who shall forthwith destroy and damask the same;

and further, that every such Offender or Offenders shall forfeit

Five Shillings for every Print which shall be found in his, her, or

their Custody, either printed or published, and exposed to Sale, or

otherwise disposed of contrary to the true Intent and Meaning of this

Act, the One Moiety thereof to the King's most Excellent Majesty, His

Heirs and Successors, and the other Moiety thereof to any Person or

Persons that shall sue for the same, to be recovered in any of His

Majesty's Courts of Record at Westminster, by Action of Debt, Bill,

Plaint, or Information, in which no Wager of Law, Essoign, Privilege,

or Protection, or more than One Imparlance, shall be allowed:

[Sidenote: Not to extend to Purchasers of Plates from the original

Proprietors.]

II. Provided nevertheless, That it shall and may be lawful for any

Person or Persons, who shall hereafter purchase any Plate or Plates

for printing, from the Original Proprietors thereof, to print and

reprint from the said Plates, without incurring any of the Penalties

in this Act mentioned.

[Sidenote: Limitation of Actions.]

[Sidenote: General Issue.]

III. _And if any Action or Suit shall be commenced or brought

against any Person or Persons whatsoever, for doing or causing to be

done any Thing in pursuance of this Act, the same shall be brought

within the Space of Three Months after so doing; and the Defendant

and Defendants, in such Action or Suit, shall or may plead the

General Issue, and give the special Matter in Evidence; and if upon

such Action or Suit a Verdict shall be given for the Defendant or

Defendants, or if the Plaintiff or Plaintiffs become nonsuited, or

discontinue his, her, or their Action or Actions, then the Defendant

or Defendants shall have and recover full Costs, for the Recovery

whereof he shall have the same Remedy, as any other Defendant or

Defendants in any other Case hath or have by Law:_[1662]

IV. Provided always, That if any Action or Suit shall be commenced

or brought against any Person or Persons, for any Offence committed

against this Act, the same shall be brought within the Space of Three

Months after the Discovery of every such Offence, and not afterwards;

any Thing in this Act contained to the contrary notwithstanding.

[Sidenote: Clause relating to J. Pine.]

V. _And whereas John Pine of London, Engraver, doth propose to engrave

and publish a Set of Prints copied from several Pieces of Tapestry in

the House of Lords, and His Majesty's Wardrobe, and other Drawings

relating to the Spanish Invasion, in the Year of our Lord One thousand

five hundred and eighty-eight; be it further enacted by the Authority

aforesaid, That the said John Pine shall be entitled to the Benefit of

this Act, to all Intents and Purposes whatsoever, in the same Manner

as if the said John Pine had been the Inventor and Designer of the

said Prints._[1663]

[Sidenote: Public Act.]

VI. _And be it further enacted, by the Authority aforesaid, That this

Act shall be deemed, adjudged, and taken to be a Public Act, and be

judicially taken notice of as such by all Judges, Justices, and other

Persons whatsoever, without specially pleading the same_.[1664]

THE ENGRAVING COPYRIGHT ACT, 1766.

7 GEO. III. C. 38.

[Sidenote: Preamble reciting Act 8, G 2.]

An Act to amend and render more effectual an Act made in

the Eighth Year of the Reign of King George the Second for

Encouragement of the Arts of Designing, Engraving, and Etching

Historical and other Preamble Prints; _and for vesting in,

and securing to, Jane Hogarth, Widow, the Property in certain

Prints_.[1665]

[Sidenote: The original Inventors, Designers, or Engravers, &c., of

Historical and other Prints, and such who shall cause Prints to be

done from Works, &c., of their own Invention, and also such as shall

engrave, &c., any Print taken from any Picture, Drawing, Model, or

Sculpture, are entitled to the Benefit and Protection of the recited

and present Act; and those who shall engrave or import for Sale Copies

of such Prints are liable to Penalties.]

I. WHEREAS an Act of Parliament passed in the Eighth Year of the Reign

of His late Majesty King George the Second, intituled An Act for

the Encouragement of the Arts of Designing, Engraving, and Etching

Historical and other Prints, by vesting the Properties thereof in the

Inventors and Engravers, during the time therein mentioned, has been

found ineffectual for the Purposes thereby intended: Be it enacted,

That from and after the First Day of January One thousand seven

hundred and sixty-seven, all and every Person and Persons who shall

invent or design, engrave, etch, or work in Mezzotinto or Chiaro

Oscuro, or, from his own Work, Design, or Invention, shall cause or

procure to be designed, engraved, etched, or worked in Mezzotinto or

Chiaro Oscuro, any Historical Print or Prints, or any Print or Prints

of any Portrait, Conversation, Landscape, or Architecture, Map, Chart,

or Plan, or any other Print or Prints whatsoever, shall have, and are

hereby declared to have, the Benefit and Protection of the said Act,

and this Act, under the Restrictions and Limitations hereinafter

mentioned.

II. And from and after the said First Day of January One thousand

seven hundred and sixty-seven, all and every Person and Persons who

shall engrave, etch, or work in Mezzotinto or Chiaro Oscuro, or cause

to be engraved, etched, or worked, any Print taken from any Picture,

Drawing, Model, or Sculpture, either ancient or modern, shall have,

and are hereby declared to have, the Benefit and Protection of the

said Act, and this Act, for the Term hereinafter mentioned, in like

Manner as if such Print had been graved or drawn from the Original

Design of such Graver, Etcher, or Draughtsman; and if any Person

shall engrave, print and publish, or import for Sale, any Copy of any

such Print, contrary to the true Intent and Meaning of this and the

said former Act, every such Person shall be liable to the Penalties

contained in the said Act, to be recovered as therein and hereinafter

is mentioned.

[Sidenote: The sole Right of printing and reprinting the late W.

Hogarth's Prints,]

[Sidenote: vested in his Widow and Executrix for the Term of 20 years.]

[Sidenote: Penalty of copying, &c., of any of them, before the

Expiration of the said Term; such Copies excepted as were made and

exposed to Sale after the Term of 14 Years, for which the said Works

were first licensed, &c.]

III. _And whereas William Hogarth, late of the City of Westminster,

Painter and Graver, did etch and engrave, and cause to be etched

and engraved, several Prints from his own Invention and Design, the

Property and sole Right of vending all such Prints being secured to

him the said William Hogarth for the Term of Fourteen Years from

their first Publication, by the said former Act of Parliament; which

said Property, by his last Will, became vested in his Widow and

Executrix: And whereas since the first Publication of several of the

said Prints, the Term of Fourteen Years is expired, and several base

Copies of the same have been since printed and published, whereby the

Sale of the Originals has been considerably lessened, to the great

Detriment of the said Widow and Executrix: And whereas since the

Publication of others of the said Prints, the Term of Fourteen Years

is now near expiring: Be it enacted by the Authority aforesaid, That

Jane Hogarth, Widow and Executrix of the said William Hogarth, shall

have the sole Right and Liberty of printing and reprinting all the

said Prints, Etchings, and Engravings, of the Design and Invention of

the said William Hogarth, for and during the Term of Twenty Years, to

commence from the said First Day of January One thousand seven hundred

and sixty-seven; and that all and every Person and Persons who shall

at any Time hereafter, before the Expiration of the said Term of

Twenty Years, engrave, etch, or work in Mezzotinto or Chiaro Oscuro,

or otherwise copy, sell, or expose to Sale, or cause or procure to be

etched, engraved, or worked in Mezzotinto or Chiaro Oscuro, any of

the said Works of the said William Hogarth, shall be liable to the

Penalties and Forfeitures contained in this and the said former Act of

Parliament; to be recovered in like Manner as in and by this and the

said former Act are given, directed, and appointed._[1666]

IV. _Provided nevertheless, That the Proprietor or Proprietors of such

of the Copies of the said William Hogarth's Works, which have been

copied and printed, and exposed to Sale, after the Expiration of the

Term of Fourteen Years from the Time of their first Publication by

the said William Hogarth, and before the said First Day of January,

shall not be liable or subject to any of the Penalties contained in

this Act; anything hereinbefore contained to the contrary thereof in

anywise notwithstanding._[1667]

[Sidenote: Penalties may be sued for as by the recited Act is

directed; and be recovered with full Costs; provided the Prosecution

be commenced within 6 months after the Fact.]

V. And all and every the Penalties and Penalty inflicted by the said

Act, and extended, and meant to be extended, to the several Cases

comprised in this Act, shall and may be sued for and recovered in

like Manner, and under the like Restrictions and Limitations, as in

and by the said Act is declared and appointed; and the Plaintiff or

common Informer in every such Action (in case such Plaintiff or common

Informer shall recover any of the Penalties incurred by this or the

said former Act) shall recover the same, together with his full Costs

of Suit.

VI. Provided also, That the Party prosecuting shall commence his

Prosecution within the Space of Six Calendar Months after the Offence

committed.

[Sidenote: The Right intended to be secured by this and the former

Act, vested in the Proprietors for the Term of 28 Years from the first

Publication.]

[Sidenote: Limitation of Actions.]

[Sidenote: General Issue.]

[Sidenote: Full Costs.]

VII. And the sole Right and Liberty of printing and reprinting

intended to be secured and protected by the said former Act and this

Act, shall be extended, continued, and be vested in the respective

Proprietors, for the Space of Twenty-eight Years, to commence from

the Day of the first Publishing of any of the Works respectively

hereinbefore and in the said former Act mentioned.

VIII. _And if any Action or Suit shall be commenced or brought against

any Person or Persons whatsoever for doing, or causing to be done,

anything in pursuance of this Act, the same shall be brought within

the Space of Six Calendar Months after the Fact committed; and the

Defendant or Defendants in any such Action or Suit shall or may plead

the General Issue, and give the Special Matter in Evidence; and if,

upon such Action or Suit, a Verdict shall be given for the Defendant

or Defendants, or if the Plaintiff or Plaintiffs become nonsuited, or

discontinue his, her, or their Action or Actions, then the Defendant

or Defendants shall ham and recover full Costs; for the Recovery

whereof he shall have the same Remedy as any other Defendant or

Defendants, in any other Case, hath or have by Law._[1668]

THE COPYRIGHT ACT, 1775.[1669]

(UNIVERSITY COPYRIGHT), 15 GEO. III. C. 53.

An Act for enabling the two Universities in England, the four

Universities in Scotland, and the several Colleges of Eton,

Westminster, and Winchester, to hold in Perpetuity their Copyright

in Books, given or bequeathed to the said Universities and

Colleges for the Advancement of useful Learning and other Purposes

of Education:

[Sidenote: Preamble]

[Sidenote: Universities, &c., in England and Scotland to have for ever

the sole Right of printing, &c., such Books as have been, or shall be,

bequeathed to them, unless the same have been, or shall be given for a

limited Time.]

I. Whereas Authors have heretofore bequeathed or given, and may

hereafter bequeath or give the Copies of Books composed by them to

or in Trust for one of the two Universities in that Part of Great

Britain called England, or to or in Trust for some of the Colleges

or Houses of Learning within the same, or to or in trust for the

four Universities in Scotland, or to or in trust for the several

Colleges of Eton, Westminster, and Winchester,[1670] and in or by

their several Wills or other instruments of Donation, have directed or

may direct that the Profits arising from the printing and reprinting

such Books shall be applied and appropriated as a Fund for the

Advancement of Learning and other beneficial Purposes of Education

within the said Universities and Colleges aforesaid: And whereas

such useful Purposes will frequently be frustrated unless the sole

printing and reprinting of such Books the Copies of which have been

or shall be so bequeathed or given as aforesaid, be preserved and

secured to the said Universities, Colleges, and Houses of Learning

respectively in Perpetuity: Be it enacted, That the said Universities

and Colleges respectively shall, at their respective Presses, have,

for ever, the sole liberty of printing and reprinting all such Books,

as shall at any time heretofore have been, or (having not been

heretofore published[1671] or assigned) shall at any time hereafter

be bequeathed, or otherwise given by the Author or Authors of the

same respectively or the Representatives of such Author or Authors,

to or in Trust for the said Universities or to or in Trust for any

College or House of Learning within the same, or to or in Trust for

the said four Universities in Scotland, or to or in Trust for the said

Colleges of Eton, Westminster, and Winchester, or any of them, for

the Purposes aforesaid, unless the same shall have been bequeathed or

given, or shall after be bequeathed or given, for any Term of Years or

other limited Term: any Law or Usage to the contrary hereof in anywise

notwithstanding.

[Sidenote: After 24th June, 1775, Persons printing or selling such

Books shall forfeit the same, and also id. for every sheet;]

[Sidenote: one Moiety to His Majesty, and the other to the Prosecutor.]

II. And if any Bookseller, Printer, or other Person whatsoever, from

and after June 24, 1775, shall print, reprint, or import, or cause

to be printed, reprinted, or imported, any such Book or Books; or,

knowing the same to be so printed or reprinted, shall sell, publish,

or expose to Sale, or cause to be sold, published, or exposed to Sale,

any such Book or Books; then such Offender or Offenders shall forfeit

such Book or Books, and all and every Sheet or Sheets, being Part of

such Book or Books, to the University, College, or House of Learning

respectively, to whom the Copy of such Book or Books shall have been

bequeathed or given as aforesaid, who shall forthwith damask and

make waste Paper of them; and further, that every such Offender or

Offenders shall forfeit One Penny for every Sheet which shall be found

in his, her, or their Custody, either printed or printing, published

or exposed to Sale, contrary to the true Intent and Meaning of this

Act; the one Moiety thereof to the King's Most Excellent Majesty,

His Heirs and Successors, and the other Moiety thereof to any Person

or Persons who shall sue for the same; to be recovered in any of His

Majesty's Courts of Record at Westminster, or in the Court of Session

in Scotland, by Action of Debt, Bill, Plaint, or Information, in which

no Wager of Law, Essoign, Privilege, or Protection, or more than One

Imparlance, shall be allowed.

[Sidenote: Nothing in this Act to grant any exclusive Right longer

than such Books are printed at the presses of the Universities.

Universities may sell Copy Rights in like manner as any Author.]

III. Provided nevertheless, That nothing in this Act shall extend

to grant any exclusive Right otherwise than so long as the Books or

Copies belonging to the said Universities or Colleges are printed only

at their own Printing Presses within the said Universities or Colleges

respectively, and for their sole Benefit and Advantage; and that

if any University or College shall delegate, grant, lease, or sell

their Copy Rights, or exclusive Rights of printing the Books hereby

granted, or any Part thereof, or shall allow, permit, or authorise any

Person or Persons, or Bodies Corporate, to print or reprint the same,

that then the Privileges hereby granted are to become void and of no

Effect, in the same Manner as if this Act had not been made[1672]; but

the said Universities and Colleges, as aforesaid, shall nevertheless

have a Right to Sell such Copies so bequeathed or given as aforesaid,

in like Manner as any Author or Authors now may do under the

Provisions of the Statute of 8 Anne.

[Sidenote: No person subject to Penalties for printing, &c., Books

already bequeathed, unless they be entered before 24th June, 1775. All

Books that may hereafter be bequeathed must be entered within]

[Sidenote: two months after such Bequest shall be known. 6d. to be

paid for each entry in the Register Book, which may be inspected

without Fee. Clerk to give a Certificate, being paid 6d.]

IV. And Whereas many Persons may through Ignorance offend against

this Act, unless some Provision be made whereby the Property of

every such Book as is intended by this Act to be secured to the said

Universities, Colleges, and Houses of Learning within the same, and

to the said Universities in Scotland, and to the respective Colleges

of Eton, Westminster, and Winchester, may be ascertained and known;

be it therefore enacted that nothing in this Act contained shall be

construed to extend to subject any Bookseller, Printer, or other

Person whatsoever, to the Forfeitures or Penalties herein mentioned,

for or by reason of the printing or reprinting, importing or exposing

to Sale any Book or Books, unless the Title to the Copy of such Book

or Books, which has or have been already bequeathed or given to any

of the said Universities or Colleges aforesaid, be entered in the

such Manner as hath been usual, on or before June 24, 1775; and of all

and every such Book or Books as may or shall hereafter be bequeathed

or given as aforesaid, be entered in such Register within the space

of two Months after any such Bequest or Gift shall have come to the

knowledge of the Vice-Chancellors of the said Universities, or Heads

of Houses and Colleges of Learning, or of the Principal of any of

the said four Universities respectively; for every of which Entries

so to be made as aforesaid the Sum of Sixpence shall be paid, and no

more; which said Register Book shall and may, at all seasonable and

Convenient Times, be referred to and inspected by any Bookseller,

Printer, or other Person without any Fee or Reward; and the Clerk of

the said Company of Stationers shall, when and as often as thereunto

required, give a Certificate under his Hand of such Entry or Entries,

and for every such Certificate may take a Fee not exceeding Sixpence.

[Sidenote: If Clerk refuse or neglect to make Entry, &c., Proprietor

of such Copy Right to have like Benefit as if such Entry had been

made, and the Clerk shall forfeit £20.]

V. And if the Clerk of the said Company of Stationers for the Time

being shall refuse or neglect to register or make such Entry or

Entries, or to give such Certificate, being thereunto required by

the Agent of either of the said Universities or Colleges aforesaid,

lawfully authorised for that Purpose, then either of the said

Universities or Colleges aforesaid, being the Proprietor of such Copy

Right or Copy Rights as aforesaid (Notice being first given of such

Refusal by Advertisement in the Gazette) shall have the like Benefit

as if such Entry or Entries, Certificate or Certificates, had been

duly made and given; and the Clerk so refusing shall, for every such

Offence, forfeit £20 to the Proprietor or Proprietors of every such

Copy Right; to be recovered in any of His Majesty's Courts of Record

at Westminster, or in the Court of Session in Scotland, by Action of

Debt, Bill, Plaint, or Information, in which no Wages of Law, Essoign,

Privilege, Protection, or more than One Imparlance, shall be allowed.

[Sidenote: 8 Anne. Delivery of Copies.]

VI. [_Clause enacting that no person shall be entitled to penalties

under_ 8 _Anne unless the Title to the copy of the whole book be

entered at Stationer? Hall and_ 9 _copies delivered for the use of the

several libraries_: Repealed Stat. Law Rev. Act, 1861.]

[Sidenote: Limitation of Actions.]

VII. _And if any Action or Suit shall be commenced or brought against

any Person or Persons whatsoever, for doing or causing to be done,

any thing in pursuance of this Act, the Defendants in such Action may

plead the General Issue, and give the Special Matter in Evidence;

and if upon such Action a Verdict, or if the same shall be brought

in the Court of Session in Scotland, a Judgment be given for the

Defendant, or the Plaintiff become nonsuited and discontinue his

Action, then the Defendant shall have and recover his full Costs, for

which he shall have the same Remedy as a Defendant in any Case by Law

hath._[1673]

[Sidenote: Public Act.]

VIII. [_Clause providing that the Act shall be deemed a Public Act:_

Repealed Stat. Law Rev. Act, 1887.]

THE PRINTS COPYRIGHT ACT, 1777.

17 GEO. III. C. 57.

An Act for more effectually securing the Property of Prints to

Inventors and Engravers, by enabling them to sue for and recover

Penalties in certain cases.

[Sidenote: Recital of Acts 8 G. 2,]

[Sidenote: and 7 G. 3.]

[Sidenote: After 24th June, 1777, if any Engraver, &c., shall, within

the Time limited by the aforesaid Acts, engrave or etch, &c., any

Print, without the Consent of the Proprietor, he shall be liable to

Damages, and Double Costs].

Whereas an Act of Parliament passed in the Eighth Year of the Reign

of His late Majesty King George the Second, intituled, An Act for

the Encouragement of the Arts of designing, engraving, and etching

Historical and other Prints, by vesting the Properties thereof in

the Inventors and Engravers, during the Time therein mentioned:

And whereas by an Act of Parliament, passed in the Seventh Year

of the Reign of His present Majesty, for amending and rendering

more effectual the aforesaid Act, and for other Purposes therein

mentioned, it was (among other Things) enacted, that, from and after

the First Day of January One thousand seven hundred and sixty-seven,

all and every Person or Persons who should engrave, etch, or work

in Mezzotinto or Chiaro Oscuro, or cause to be engraved, etched,

or worked, any Print taken from any Picture, Drawing, Model, or

Sculpture, either ancient or modern, should have, and were thereby

declared to have, the Benefit and Protection of the said former

Act, and that Act, for the Term thereinafter mentioned, in like

Manner as if such Print had been graved or drawn from the Original

Design of such Graver, Etcher, or Draughtsman: And whereas the said

Acts have not effectually answered the Purposes for which they were

intended, and it is necessary, for the Encouragement of Artists, and

for securing to them the Property of and in their Works, and for the

Advancement and Improvement of the aforesaid Arts, that such further

Provisions should be made as are hereinafter mentioned and contained;

be it enacted that, from and after the Twenty-fourth Day of June One

thousand seven hundred and seventy-seven, if any Engraver, Etcher,

Printseller, or other Person, shall, within the Time limited by the

aforesaid Acts, or either of them, engrave, etch, or work, or cause

or procure to be engraved, etched, or worked, in Mezzotinto or Chiaro

Oscuro, or otherwise, or in any other Manner copy in the Whole, or in

Part, by varying, adding to, or diminishing from, the main Design,

or shall print, reprint, or import for Sale, or cause or procure to

be printed,-reprinted, or imported for Sale, or shall publish, sell,

or otherwise dispose of, or cause or procure to be published, sold,

or otherwise disposed of, any Copy or Copies of any historical Print

or Prints, or any Print or Prints of any Portrait, Conversation,

Landscape, or Architecture, Map, Chart, or Plan, or any other Print

or Prints whatsoever, which hath or have been, or shall be, engraved,

etched, drawn, or designed, in any Part of Great Britain, without the

express Consent of the Proprietor or Proprietors thereof first had and

obtained in Writing, signed by him, her, or them respectively, with

his, her, or their own Hand or Hands, in the Presence of and attested

by Two or More credible Witnesses, then every such Proprietor or

Proprietors shall and may by and in a special Action upon the Case, to

be brought against the Person or Persons so offending recover such

damages as a Jury on the Trial of such Action, or on the Execution of

a Writ of Inquiry thereon, shall give or assess, _together with Double

Costs of Suit_.[1674]

THE SCULPTURE COPYRIGHT ACT, 1814.

54 GEO. III. C. 56.

An Act to amend and render more effectual an Act of His present

Majesty, for encouraging the Art of making new Models and Casts of

Busts, and other Things therein mentioned; and for giving further

Encouragement to such Arts.

[18th May 1814.]

[Sidenote: 38 G. 3 c. 71.]

[Sidenote: The sole Right and Property of all new and original

Sculpture Models, Copies, and Casts, vested in the Proprietors, for 14

Years.]

I. Whereas by an Act, passed in the Thirty-eighth Year of the Reign

of His present Majesty, intituled An Act for encouraging the Art

of making new Models and Casts of Busts, and other Things therein

mentioned; the sole Right and Property thereof were vested in the

original Proprietors, for a Time therein specified: And whereas the

Provisions of the said Act having been found ineffectual for the

Purposes thereby intended, it is expedient to amend the same, and

to make other Provisions and Regulations for the Encouragement of

Artists, and to secure to them the Profits of and in their Works, and

for the Advancement of the said Arts: Be it enacted That from and

after the passing of this Act, every Person or Persons who shall make

or cause to be made any new and original Sculpture,[1675] or Model, or

Copy, or Cast, of the Human Figure or Human Figures, or of any Bust

or Busts, or of any Part or Parts of the Human Figure, clothed in

Drapery or otherwise, or of any Animal or Animals, or of any Part or

Parts of any Animal combined with the Human Figure or otherwise, or of

any Subject being Matter of Invention in Sculpture or of any Alto or

Basso-Relievo representing any of the Matters or Things hereinbefore

mentioned, or any Cast from Nature of the Human Figure, or of any

Part or Parts of the Human Figure, or of any Cast from Nature of any

Animal, or of any Part or Parts of any Animal, or of any such Subject

containing or representing any of the Matters and Things hereinbefore

mentioned, whether separate or combined, shall have the sole Right

and Property of all and in every such new and original Sculpture,

Model, Copy and Cast of the Human Figure or Human Figures, and of all

and in every such Bust or Busts, and of all and in every such Part or

Parts of the Human Figure, clothed in Drapery or otherwise, and of all

and in every such new and original Sculpture, Model, Copy and Cast,

representing any Animal or Animals, and of all and in every such Work

representing any Part or Parts of any Animal combined with the Human

Figure or otherwise, and of all and in every such new and original

Sculpture, Model, Copy and Cast of any Subject, being Matter of

Invention in Sculpture, and of all and in every such new and original

Sculpture, Model, Copy and Cast in Alto or Basso-Relievo, representing

any of the Matters or Things hereinbefore mentioned, and of every

such Cast from Nature, for the Term of Fourteen Years from first

putting forth or publishing[1676] the same; provided, in all and in

every Case, the Proprietor or Proprietors do cause his, her, or their

Name or Names, with the Date, to be put on all and every such new and

original Sculpture, Model, Copy, or Cast, and on every such Cast from

Nature, before the same shall be put forth or published.

[Sidenote: Works published under the recited Act, vested in the

Proprietors for 14 Years.]

II. And the sole Right and Property of all Works, which have been

put forth or published under the Protection of the said recited

Act, shall be extended, continued to and vested in the respective

Proprietors thereof, for the Term of Fourteen Years, to commence from

the Date when such last-mentioned Works respectively were put forth or

published.

[Sidenote: Persons putting forth pirated Copies or pirated Casts, may

be prosecuted.]

[Sidenote: Damages and Double Costs.]

III. And if any Person or Persons shall, within such Term of Fourteen

Years, make or import, or cause to be made or imported, or exposed

to Sale, or otherwise disposed of, any pirated Copy or pirated Cast

of any such new and original Sculpture, or Model or Copy, or Cast of

the Human Figure or Human Figures, or of any such Bust or Busts, or

of any such Part or Parts of the Human Figure clothed in Drapery or

otherwise, or of any such Work of any Animal or Animals, or of any

such Part or Parts of any Animal or Animals combined with the Human

Figure or otherwise, or of any such Subject being Matter of Invention

in Sculpture, or of any such Alto or Basso-Relievo representing any

of the Matters or Things hereinbefore mentioned, or of any such Cast

from Nature as aforesaid, whether such pirated Copy or pirated Cast be

produced by moulding or copying from, or imitating in any way, any of

the Matters or Things put forth or published under the Protection of

this Act, or of any Works which have been put forth or published under

the Protection of the said recited Act, the Right and Property whereof

is and are secured, extended and protected by this Act, in any of the

Cases as aforesaid, to the Detriment, Damage, or Loss of the original

or respective Proprietor or Proprietors of any such Works so pirated;

then and in all such Cases the said Proprietor or Proprietors, or

their Assignee or Assignees, shall and may, by and in a Special

Action upon the Case to be brought against the Person or Persons so

offending, receive such Damages as a Jury on a Trial of such Action

shall give or assess, _together with Double Costs of Suit_.[1677]

[Sidenote: Purchasers of Copy Right secured in the same.]

IV. Provided nevertheless, That no Person or Persons who shall or

may hereafter purchase the Right or Property of any new and original

Sculpture or Model, or Copy or Cast, or of any Cast from Nature, or of

any of the Matters and Things published under or protected by virtue

of this Act, of the Proprietor or Proprietors, expressed in a Deed in

Writing signed by him, her, or them respectively, with his, her, or

their own Hand or Hands, in the Presence of and attested by Two or

more credible Witnesses, shall be subject to any Action for copying or

casting, or vending the same, any Thing contained in this Act to the

contrary notwithstanding.

[Sidenote: Limitation of Actions.]

V. Provided always, That all Actions to be brought as aforesaid,

against any Person or Persons for any Offence committed against this

Act, shall be commenced within Six Calendar Months next after the

Discovery of every such Offence, and not afterwards.

[Sidenote: An additional Term of 14 Years, in case the Maker of the

original Sculpture, &c., shall be living.]

VI. Provided always, That from and immediately after the Expiration

of the said Term of Fourteen Years, the sole Right of making and

disposing of such new and original Sculpture, or Model, or Copy, or

Cast of any of the Matters or Things hereinbefore mentioned, shall

return to the Person or Persons who originally made or caused to be

made the same, if he or they shall be then living, for the further

Term of Fourteen Years, _excepting in the Case or Cases where such

Person or Persons shall by Sale or otherwise have divested himself,

herself or themselves, of such Right of making or disposing of any

new and original Sculpture, or Model, or Copy, or Cast of any of the

Matters or Things hereinbefore mentioned, previous to the passing of

this Act_.[1678]

THE DRAMATIC COPYRIGHT ACT, 1833.

3 & 4 WILL. IV.

An Act to amend the Laws relating to Dramatic Literary Property.

[10th June 1833.]

[Sidenote: 54 G. 3 c. 156.]

[Sidenote: The Author of any Dramatic Piece shall have as his Property

the sole Liberty of representing it or causing it to be represented at

any Place of Dramatic Entertainment.]

I. _Whereas by an Act passed in the Fifty-fourth year of the Reign of

His late Majesty King George the Third, intituled An Act to amend the

several Acts for the Encouragement of Learning, by securing the Copies

and Copyright of printed Books to the Authors of such Books, or their

Assigns, it was amongst other things provided and enacted, that from

and after the passing of the said Act the Author of any Book or Books

composed, and not printed or published, or which should thereafter

be composed and printed and published, and his Assignee or Assigns,

should have the sole Liberty of printing and reprinting such Books

or Books for the full Term of Twenty-eight Years, to commence from

the Day of first publishing the same, and also, if the Author should

be living at the End of that Period, for the Residue of his natural

Life: And whereas it is expedient to extend the Provisions of the said

Act:[1679] Be it therefore enacted_, That the Author of any Tragedy,

Comedy, Play, Opera, Farce, or any other Dramatic Piece[1680] or

Entertainment, composed, and not printed and published by the Author

thereof or his Assignee, or which hereafter shall be composed, and

not printed or published by the Author thereof or his Assignee, or

the Assignee of such Author, shall have as his own Property the sole

Liberty of representing, or causing[1681] to be represented, at any

Place or Places of Dramatic Entertainment[1682] whatsoever, in any

Part of the United Kingdom of Great Britain and Ireland, in the Isles

of Man, Jersey, and Guernsey, or in any Part of the British Dominions,

any such Production as aforesaid, not printed and published by the

Author thereof or his Assignee, and shall be deemed and taken to be

the Proprietor thereof; and the Author of any such Production, printed

and published within Ten Years before the passing of this Act by the

Author thereof or his Assignee, or which shall hereafter be so printed

and published, or the Assignee of such Author, shall, from the Time of

passing this Act, or from the Time of such Publication respectively,

until the End of Twenty-eight Years from the Day of such first

Publication of the same, and also, if the Author or Authors, or the

Survivor of the Authors, shall be living at the End of that period,

during the Residue of his natural Life,[1683] have as his own Property

the sole Liberty of representing, or causing to be represented, the

same at any such Place of Dramatic Entertainment as aforesaid, and

shall be deemed and taken to be the Proprietor thereof: Provided

nevertheless, that nothing in this Act contained shall prejudice,

alter, or affect the Right or Authority of any Person to represent

or cause to be represented, at any Place or Places of Dramatic

Entertainment whatsoever, any such Production as aforesaid, in all

Cases in which the Author thereof or his Assignee shall, previously

to the passing of this Act, have given his Consent to or authorised

such Representation, but that such sole Liberty of the Author or his

Assignee shall be subject to such Right or Authority.

[Sidenote: Proviso as to Cases where, previous to the passing of this

Act, a Consent has been given.]

[Sidenote: Penalty on Persons performing Pieces contrary to this Act.]

II. If any Person shall, during the Continuance of such sole Liberty

as aforesaid, contrary to the Intent of this Act, or Right of the

Author or his Assignee, represent, or cause to be represented, without

the Consent in Writing[1684] of the Author or other Proprietor first

had and obtained, at any Place of Dramatic Entertainment within the

Limits aforesaid, any such Production as aforesaid, or any Part

thereof, every such Offender shall be liable for each and every

such Representation to the Payment of an Amount not less than Forty

Shillings, or to the full Amount of the Benefit or Advantage arising

from such Representation, or the Injury or Loss sustained by the

Plaintiff therefrom, whichever shall be the greater Damages, to the

Author or other Proprietor of such Production so represented contrary

to the true Intent and Meaning of this Act, to be recovered, _together

with Double Costs of Suit_,[1685] by such Author or other Proprietors,

in any Court having Jurisdiction in such Cases in that Part of the

said United Kingdom or of the British Dominions in which the Offence

shall be committed; and in every such Proceeding where the sole

Liberty of such Author or his Assignee as aforesaid shall be subject

to such Right or Authority as aforesaid it shall be sufficient for the

Plaintiff to state that he has such sole Liberty, without stating the

same to be subject to such Right or Authority, or otherwise mentioning

the same.

[Sidenote: Limitation of Actions.]

III. Provided nevertheless. That all Actions or Proceedings for any

Offence or Injury that shall be committed against this Act shall be

brought, sued, and commenced within Twelve Calendar Months next after

such Offence committed, or else the same shall be void and of no

effect.

[Sidenote: Explanation of Words.]

IV. Whenever Authors, Persons, Offenders, or others are spoken of in

this Act in the singular Number or in the Masculine Gender, the same

shall extend to any Number of Persons and to either Sex.

THE LECTURES COPYRIGHT ACT, 1835.[1686]

5 & 6 WILL. IV. C. 65.

An Act for preventing the Publication of Lectures without Consent.

[9th September 1835.]

[Sidenote: Authors of Lectures, or their Assigns, to have the sole

Right of publishing them.]

[Sidenote: Penalty on other persons publishing, &c., Lectures without

Leave.]

I. _Whereas Printers, Publishers, and other Persons have frequently

taken the Liberty of printing and publishing Lectures delivered

upon divers Subjects, without the Consent of the Authors of such

Lectures, or the Persons delivering the same in Public, to the

great Detriment of such Authors and Lecturers: Be it enacted by the

King's most Excellent Majesty, by and with the Advice and Consent

of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the Authority of the same, That from

and after the First Day of September One thousand eight hundred and

thirty-five_[1687] the Author of any Lecture or Lectures, or the

Person to whom he hath sold or otherwise conveyed the Copy thereof,

in order to deliver the same in any School, Seminary, Institution, or

other Place, or for any other Purpose, shall have the sole Right and

Liberty of printing and publishing such Lecture or Lectures; and if

any Person shall, by taking down the same in Short Hand or otherwise

in Writing, or in any other Way, obtain or make a Copy of such Lecture

or Lectures, and shall print or lithograph or otherwise copy and

publish the same, or cause the same to be printed, lithographed, or

otherwise copied and published, without Leave of the Author thereof,

or of the Person to whom the Author thereof hath sold or otherwise

conveyed the same, and every Person who, knowing the same to have been

printed or copied and published without such Consent, shall sell,

publish, or expose to sale, or cause to be sold, published, or exposed

to sale, any such Lecture or Lectures, shall forfeit such printed or

otherwise copied Lecture or Lectures, or Parts thereof, together with

One Penny for every Sheet thereof which shall be found in his Custody,

either printed, lithographed, or copied, or printing, lithographing,

or copying, published or exposed to sale, contrary to the true Intent

and Meaning of this Act, the one Moiety thereof to His Majesty, and

the other Moiety thereof to any Person who shall sue for the same, to

be recovered in any of His Majesty's Courts of Record in Westminster,

_by Action of Debt, Bill, Plaint, or Information, in which no Wager of

Law, Essoign, Privilege, or Protection, or more than One Imparlance,

shall be allowed_.[1688]

[Sidenote: Penalty on Printers or Publishers of Newspapers publishing

Lectures without Leave.]

II. Any Printer or Publisher of any Newspaper who shall, without such

Leave as aforesaid, print and publish in such Newspaper any Lecture

or Lectures, shall be deemed and taken to be a Person printing and

publishing without Leave within the Provisions of this Act, and liable

to the aforesaid Forfeitures and Penalties in respect of such printing

and publishing.

[Sidenote: Persons having Leave to attend Lectures not on that Account

licensed to publish them.]

III. No Person allowed for certain Fee and Reward, or otherwise, to

attend and be present at any Lecture delivered in any Place, shall

be deemed and taken to be licensed or to have Leave to print, copy,

and publish such Lectures only because of having Leave to attend such

Lecture or Lectures.

[Sidenote: Act not to prohibit the publishing of Lectures after

Expiration of the Copyright.]

[Sidenote: 8 Anne, c. 19.]

[Sidenote: 54 G. 3 c. 156.]

IV. Provided always, That nothing in this Act shall extend to prohibit

any Person from printing, copying, and publishing any Lecture or

Lectures which have or shall have been printed and published with

Leave of the Authors thereof or their Assignees, and whereof the

Time hath or shall have expired within which the sole Right to print

and publish the same is given by an Act passed in the Eighth Year of

the Reign of Queen Anne, intituled An Act for the Encouragement of

Learning, by vesting the Copies of printed Books in the Authors or

Purchasers of such Copies during the Times therein mentioned, and

by another Act passed in the Fifty-fourth Year of the Reign of King

George the Third, intituled An Act to amend the several Acts for the

Encouragement of Learning, by securing the Copies and Copyright of

printed Books to the Authors of such Books, or their Assigns, or to

any Lectures which have been printed or published before the passing

of this Act.

[Sidenote: Act not to extend to Lectures delivered in unlicensed

Places, &c.]

V. Provided further, That nothing in this Act shall extend to any

Lecture or Lectures, or the printing, copying, or publishing any

Lecture or Lectures, or Parts thereof, of the delivering of which

Notice in Writing shall not have been given to Two Justices living

within Five Miles from the Place where such Lecture or Lectures shall

be delivered Two Days at the least before delivering the same, or to

any Lecture or Lectures delivered in any University or public School

or College, or on any public Foundation, or by any individual in

virtue of or according to any Gift, Endowment, or Foundation; and that

the Law relating thereto shall remain the same as if this Act had not

been passed.

THE PRINTS AND ENGRAVINGS COPYRIGHT ACT, 1836.

6 & 7 WILL. IV. c. 59.

An Act to extend the Protection of Copyright in Prints and

Engravings to Ireland.

[13th August 1836.]

[Sidenote: 17 G. 3 c. 57.]

[Sidenote: Provisions of Recited Act extended to Ireland.]

I. WHEREAS an Act was passed (17 G. III. c. 57): And whereas it is

desirable to extend the Provisions of the said Act to Ireland: Be it

therefore enacted, That from and after the Passing of this Act all the

Provisions contained in the said recited Act and of all other Acts

therein recited, shall be and the same are hereby extended to the

United Kingdom of Great Britain and Ireland.

[Sidenote: Penalty on engraving or publishing any Print without

Consent of Proprietor.]

II. From and after the Passing of this Act, if any Engraver, Etcher,

Printseller, or other Person shall, within the Time limited by the

aforesaid recited Acts, engrave, etch, or publish, or cause to

be engraved, etched, or published, any Engraving or Print of any

Description whatever, either in whole or in part, which may have been

or which shall hereafter be published in any Part of Great Britain or

Ireland without the express Consent of the Proprietor or Proprietors

thereof first had and obtained in Writing, signed by him, her, or

them respectively, with his, her, or their own Hand or Hands in the

Presence of and attested by Two or more credible Witnesses, then every

such Proprietor shall and may, by and in a separate Action upon the

Case, to be brought against the Person so offending in any Court of

Law in Great Britain or Ireland, recover such Damages as a Jury on the

Trial of such Action or on the execution of a Writ of Inquiry thereon

shall give or assess, _together with Double Costs of Suit_.[1689]

THE COPYRIGHT ACT, 1836.

6 & 7 WILL. IV. C. 110.

An Act to repeal so much of 54 Geo. III. c. 156 as requires the

delivery of a Copy of every published Book to the Libraries of

Sion College, the Four Universities of Scotland and of the King's

Inns in Dublin.

[20th August 1836.]

I. [Clause repealing 54 Geo. III. c. 156 in so far as it requires the

delivery of books to the above libraries: Repealed Stat. Law Rev. Act,

1874.]

II. It shall be lawful for the Treasury from time to time to issue

and pay out of the consolidated fund of the United Kingdom of Great

Britain and Ireland to the person or persons or body politic or

corporate, proprietors or managers of each of the aforesaid libraries,

such an annual sum as may be equal in value to and compensation for

the loss which any such library may sustain by reason of the said

Act being repealed so far as relates to such library; such annual

compensation to be ascertained and determined according to the value

of the books which may have been actually received by each such

library in such manner as the Treasury shall direct upon an average of

the three years ending June 30, 1836.

III. The person or persons or body politic or corporate, proprietors

or managers of the library for the use whereof any such book would

have been delivered, shall and they are hereby required to apply the

annual compensation hereby authorised to be made in the purchase of

books of literature, science and the arts, for the use of and to be

kept and preserved in such library. Provided always that it shall not

be lawful for the Treasury to direct the issue of any sum of money

for such annual compensation until sufficient proof shall have been

adduced before them of the application of the money last issued to the

purpose aforesaid.

THE COPYRIGHT ACT, 1842.

5 & 6 VICT. C. 45.

An Act to amend the Law of Copyright.

[1st July 1842.]

I. _Whereas it is expedient to amend the Law relating to Copyright,

and to afford greater Encouragement to the Production of literary

Works of lasting Benefit to the World[1690]: Be it enacted, That from

the passing of this Act an Act passed in the Eighth Year of the Reign

of Her Majesty Queen Anne, intituled An Act for the Encouragement of

Learning, by vesting the Copies of Printed Books in the Authors or

Purchasers of such Copies during the Times therein mentioned; and also

an Act passed in the Forty-first Year of the Reign of His Majesty

King George the Third, intituled An Act for the further Encouragement

of Learning in the United Kingdom of Great Britain and Ireland, by

securing the Copies and Copyright of Printed Books to the Authors of

such Books, or their Assigns, for the Time therein mentioned; and also

an Act passed in the Fifty-fourth Year of the Reign of His Majesty

King George the Third, intituled An Act to amend the several Acts for

the Encouragement of Learning, by securing the Copies and Copyright

of printed Books to the Authors of such Books, or their Assigns, be

and the same are hereby repealed, except so far as the Continuance of

either of them may be necessary for carrying on or giving effect to

any Proceedings at Lain or in Equity pending at the Time of passing

this Act, or for enforcing any Cause of Action or Suit, or any Right

or Contract, then subsisting._[1691]

[Sidenote: Repeal of former Acts;]

[Sidenote: 8 Anne, c. 19.]

[Sidenote: 41 G. 3 c. 107.]

[Sidenote: 54 G. 3 c. 156.]

[Sidenote: Interpretation of Act.]

II. In the Construction of this Act the Word "Book"[1692] shall be

construed to mean and include every volume, Part or Division of a

Volume, Pamphlet, Sheet of Letterpress, Sheet of Music, Map,[1693]

Chart, or Plan separately published[1694]; the Words "Dramatic

Piece"[1695] shall be construed to mean and include every Tragedy,

Comedy, Play, Opera, Farce, or other scenic, musical, or dramatic

Entertainment; the Word "Copyright" shall be construed to mean the

sole and exclusive Liberty of printing or otherwise multiplying Copies

of any Subject to which the said Word is herein applied; the Words

"personal Representative" shall be construed to mean and include every

Executor, Administrator, and next of Kin entitled to Administration;

the Word "Assigns" shall be construed to mean and include every Person

in whom the Interest of an Author in Copyright shall be vested,

whether derived from such Author before or after the Publication of

any Book, and whether acquired by Sale, Gift, Bequest, or by Operation

of Law, or otherwise[1696]; the Words "British Dominions" shall be

construed to mean and include all Parts of the United Kingdom of Great

Britain and Ireland, the Islands of Jersey and Guernsey, all Parts

of the East and West Indies, and all the Colonies, Settlements, and

Possessions of the Crown which now are or hereafter may be acquired;

and whenever in this Act, in describing any Person, Matter, or Thing,

the Word importing the Singular Number or the Masculine Gender only

is used, the same shall be understood to include and to be applied

to several Persons as well as one Person, and Females as well as

Males, and several Matters or Things as well as one Matter or Thing,

respectively, unless there shall be something in the Subject or

Context repugnant to such Construction.

[Sidenote: Endurance of Term of Copyright in any Book hereafter to be

published in the Lifetime of the Author;]

[Sidenote: if published after the Author's Death.]

III. The Copyright in every Book which shall after the passing of

this Act be published[1697] in the Lifetime of its Author[1698] shall

endure for the natural Life of such Author, and for the further Term

of Seven Years, commencing at the Time of his Death, and shall be the

Property of such Author and his Assigns: Provided always, that if the

said Term of Seven Years shall expire before the End of Forty-two

Years from the first Publication of such Book, the Copyright shall

in that Case endure for such Period of Forty-two Years; and the

its Author shall endure for the Term of Forty-two Years from the first

Publication thereof, and shall be the Property of the Proprietor of

the Author's Manuscript from which such Book shall be first published,

and his Assigns.

[Sidenote: In cases of subsisting Copyright, the Term to be extended,

except when it shall belong to an Assignee for other Consideration

than natural Love and Affection; in which Case it shall cease at the

Expiration of the present Term, unless its Extension be agreed to

between the Proprietor and the Author.]

IV. _And whereas it is just to extend the Benefits of this Act to

Authors of Books published before the passing thereof, and in which

passing this Act shall subsist in any Book theretofore published

(except as hereinafter mentioned) shall be extended and endure for

the full Term provided by this Act in Cases of Books thereafter

published, and shall be the Property of the Person who at the Time

of passing of this Act shall be the Proprietor of such Copyright:

Provided always, that in all Cases in which such Copyright shall

belong in whole or in part to a Publisher or other Person who shall

have acquired it for other Consideration than that of natural Love

and Affection, such Copyright shall not be extended by this Act, but

shall endure for the Term which shall subsist therein at the Time of

passing of this Act, and no longer unless the Author of such Book, if

he shall be living, or the personal Representative of such Author, if

he shall be dead, and the Proprietor of such Copyright shall, before

the Expiration of such term, consent and agree to accept the Benefits

of this Act in respect of such Book, and shall cause a Minute of such

Consent in the Form in that Behalf given in the Schedule to this Act

annexed to be entered in the Book of Registry hereinafter directed

to be kept, in which Case such Copyright shall endure for the full

Term by this Act provided in Cases of Books to be published after

the passing of this Act, and shall be the Property of such Person or

Persons as in such Minute shall be expressed.

[Sidenote: Judicial Committee of the Privy Council may license the

Republication of Books which the Proprietor refuses to republish after

Death of the Author.]

V.[1700] _And whereas it is expedient to provide against the

Suppression of Books of Importance to the Public_,[1701] it shall be

lawful for the Judicial Committee of Her Majesty's Privy Council,

on Complaint made to them that the Proprietor of the Copyright in

any Book after the Death of its Author has refused to republish or

to allow the Republication of the same, and that by reason of such

Refusal such Book may be withheld from the Public, to grant a Licence

to such Complainant to publish such Book in such Manner and subject to

such Conditions as they may think fit, and it shall be lawful for such

Complainant to publish such Book according to such Licence.

[Sidenote: Copies of Books published after the passing of this Act,

and of all subsequent Editions, to be delivered within certain Times

at the British Museum.]

A Treatise Upon the Law of Copyright in the United Kingdom and the Dominions of the Crown, and in the United States of America Containing a Full Appendix of All Acts of Parliament International Conventions, Orders in Council, Treasury Minute and Acts of Congress Now in Force. · 第 16 / 20 章

"On the title-page or page immediately following."[1370]