VI.[1702] A printed Copy of the whole of_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.

published after the passing of this Act, together with all Maps,

Prints, or other Engravings belonging thereto, finished and coloured

in the same Manner as the best Copies of the same shall be published,

and also of any second or subsequent Edition which shall be so

published with any Additions or Alterations, whether the same shall

be in Letterpress, or in the Maps, Prints, or other Engravings

belonging thereto, and whether the first Edition of such Book shall

have been published before or after the passing of this Act, and

also of any second or subsequent Edition of every Book of which the

first or some preceding Edition shall not have been delivered for

the Use of the British Museum, bound, sewed, or stitched together,

and upon the best Paper on which the same shall be printed, shall,

within One Calendar Month after the Day on which any such Book shall

first be sold, published, or offered for Sale within the Bills of

Mortality, or within Three Calendar Months if the same shall first be

sold, published, or offered for Sale in any other Part of the United

Kingdom, or within Twelve Calendar Months after the same shall first

be sold, published, or offered for Sale in any other Part of the

British Dominions, be delivered, on behalf of the Publisher thereof,

at the British Museum.

[Sidenote: Mode of delivering at the British Museum.]

VII. Every Copy of any Book which under the Provisions of this Act

ought to be delivered as aforesaid shall be delivered at the British

Museum between the Hours of Ten in the Forenoon and Four in the

Afternoon on any Day except Sunday, Ash Wednesday, Good Friday, and

Christmas Day, to one of the Officers of the said Museum, or to some

Person authorised by the Trustees of the said Museum to receive the

same, and such Officer or other Person receiving such Copy is hereby

required to give a Receipt in Writing for the same, and such Delivery

shall to all Intents and Purposes be deemed to be good and sufficient

Delivery under the Provisions of this Act.

[Sidenote: A Copy of every Book to be delivered within a Month after

Demand to the Officer of the Stationers Company, for the following

Libraries: the Bodleian at Oxford, the Public Library at Cambridge,

the Faculty of Advocates at Edinburgh, and that of Trinity College,

Dublin.]

VIII.[1703] A Copy of the whole of every Book, and of any second or

subsequent Edition of every Book containing Additions and Alterations,

together with all Maps and Prints belonging thereto, which after the

passing of this Act shall be published, shall, on Demand thereof in

Writing, left at the Place of Abode of the Publisher thereof at any

Time within Twelve Months next after the Publication thereof, under

the Hand of the Officer of the Company of Stationers who shall from

Time to Time be appointed by the said Company for the Purposes of

this Act, or under the Hand of any other Person thereto authorised by

the Persons or Bodies Politic and Corporate, Proprietors and Managers

of the Libraries following, (_videlicet_), the Bodleian Library at

Oxford, the Public Library at Cambridge, the Library of the Faculty

of Advocates at Edinburgh, the Library of the College of the Holy

and Undivided Trinity of Queen Elizabeth near Dublin, be delivered,

upon the Paper of which the largest Number of Copies of such Book or

Edition shall be printed for Sale, in the like Condition as the Copies

prepared for Sale by the Publisher thereof respectively, within One

Month after Demand made thereof in Writing as aforesaid, to the said

Officer of the said Company of Stationers for the Time being, which

Copies the said Officer shall and he is hereby required to receive at

the Hall of the said Company, for the Use of the Library for which

such Demand shall be made within such Twelve Months as aforesaid;

and the said Officer is hereby required to give a Receipt in Writing

for the same, and within One Month after any such Book shall be so

delivered to him as aforesaid to deliver the same for the Use of such

Library.

[Sidenote: Publishers may deliver the Copies to the Libraries, instead

of at the Stationers' Company.]

IX. Provided also, That if any Publisher shall be desirous of

delivering the Copy of such Book as shall be demanded on behalf of

any of the said Libraries at such Library, it shall be lawful for

him to deliver the same at such Library, free of Expense, to such

Librarian or other Person authorised to receive the same (who is

hereby required in such Case to receive and give a Receipt in Writing

for the same), and such Delivery shall to all Intents and Purposes of

this Act be held as equivalent to a Delivery to the said Officer of

the Stationers' Company.

[Sidenote: Penalty for Default in delivering Copies for the Use of the

Libraries.]

X. If any Publisher of any such Book, or of any second or subsequent

Edition of any such Book, shall neglect to deliver the same, pursuant

to this Act, he shall for every such Default forfeit, besides the

Value of such Copy of such Book or Edition which he ought to have

delivered, a Sum not exceeding Five Pounds, to be recovered by the

Librarian or other Officer (properly authorised) of the Library for

the Use whereof such Copy should have been delivered, in a summary

Way, on Conviction before Two Justices of the Peace for the County or

Place where the Publisher making default shall reside, or by Action

of Debt or other Proceeding of the like Nature, at the Suit of such

Librarian or other Officer, in any Court of Record in the United

Kingdom, in which Action, if the Plaintiff shall obtain a Verdict, he

shall recover his Costs reasonably incurred, to be taxed as between

Attorney and Client.

[Sidenote: Book of Registry to be kept at Stationers' Hall.]

XI.[1704] A Book of Registry, wherein may be registered, as

hereinafter enacted, the Proprietorship in the Copyright of Books,

and Assignments thereof, and in Dramatic and Musical Pieces, whether

in Manuscript or otherwise, and Licences affecting such Copyright,

shall be kept at the Hall of the Stationers' Company, by the Officer

appointed by the said Company for the Purposes of this Act, and shall

at all convenient Times be open to the Inspection of any Person, on

Payment of One Shilling for every Entry which shall be searched for

or inspected in the said Book; and that such Officer shall, whenever

thereunto reasonably required, give a Copy of any Entry in such Book,

certified under his Hand, and impressed with the Stamp of the said

Company, to be provided by them for that Purpose, and which they

are hereby required to provide, to any Person requiring the same,

on Payment to him of the Sum of Five Shillings; and such Copies so

certified and impressed shall be received in Evidence in all Courts,

and in all summary Proceedings, and shall be _primâ facie_ Proof[1705]

of the Proprietorship or Assignment of Copyright or Licence as therein

expressed, but subject to be rebutted by other Evidence, and in the

Case of Dramatic or Musical Pieces shall be _primâ facie_ Proof of

the Right of Representation or Performance, subject to be rebutted as

aforesaid.

[Sidenote: Making a false Entry in the Book of Registry a

Misdemeanour.]

XII. If any Person shall wilfully make or cause to be made any false

Entry in the Registry Book of the Stationers' Company, or shall

wilfully produce or cause to be tendered in Evidence any Paper

falsely purporting to be a Copy of any Entry in the said Book, he

shall be guilty of an indictable Misdemeanour, and shall be punished

accordingly.

[Sidenote: Entries of Copyright may be made in the Book of Registry.]

XIII.[1706] It shall be lawful for the Proprietor of Copyright in any

Book heretofore published, or in any Book hereafter to be published,

to make Entry in the Registry Book of the Stationers' Company of the

Title of such Book, the Time of the first Publication thereof, the

Name and Place of Abode of the Publisher thereof, and the Name and

Place of Abode of the Proprietor of the Copyright of the said Book,

or of any Portion of such Copyright, in the Form in that Behalf given

in the Schedule to this Act annexed, upon Payment of the Sum of Five

Shillings to the Officer of the said Company; and it shall be lawful

for every such registered Proprietor to assign his Interest,[1707] or

any Portion of his Interest therein, by making Entry in the said Book

of Registry of such Assignment, and of the Name and Place of Abode of

the Assignee thereof, in the Form given in that Behalf in the said

Schedule, on Payment of the like Sum; and such Assignment so entered

shall be effectual in Law to all Intents and Purposes whatsoever,

without being subject to any Stamp or Duty, and shall be of the same

Force and Effect as if such Assignment had been made by Deed.

[Sidenote: Persons aggrieved by any Entry in the Book of Registry may

apply to a Court of Law in Term, or Judge in Vacation, who may order

such Entry to be varied or expunged.]

XIV.[1708] If any Person shall deem himself aggrieved by any Entry

made under colour of this Act in the said Book of Registry, it

shall be lawful for such Person to apply by Motion to the Court of

Queen's Bench, _Court of Common Pleas, or Court of Exchequer, in Term

Time, or to apply by Summons to any Judge of either of such Courts

in Vacation_,[1709] for an Order that such Entry may be expunged

or varied; and upon any such Application _by Motion or Summons to

either of the said Courts, or to a Judge as aforesaid_,[1710] such

Court _or Judge_[1711] shall make such Order for expunging, varying,

or confirming such Entry, either with or without Costs, as to such

Court _or Judge_[1712] shall seem just; and the Officer appointed by

the Stationers Company for the Purposes of this Act shall, on the

Production to him of any such Order for expunging or varying any such

Entry, expunge or vary the same according to the Requisitions of such

Order.

[Sidenote: Remedy for the Piracy of Books by Action on the Case.]

XV. If any Person shall, in any Part of the British Dominions, print

or cause to be printed,[1713] either for Sale or Exportation, any Book

in which there shall be subsisting Copyright, without the Consent in

Writing[1714] of the Proprietor thereof, or shall import for Sale or

Hire any such Book so having been unlawfully printed from Parts beyond

the Sea, or, knowing such Book to have been so unlawfully printed or

imported, shall sell, publish, or expose to Sale or Hire, or cause to

be sold, published, or exposed to Sale or Hire, or shall have in his

Possession, for Sale or Hire, any such Book so unlawfully printed or

imported, without such Consent as aforesaid, such Offender shall be

liable to a special Action on the Case at the Suit of the Proprietor

of such Copyright, to be brought in any Court of Record in that Part

of the British Dominions in which the Offence shall be committed:

Provided always, that in Scotland such Offender shall be liable to an

Action in the Court of Session in Scotland, which shall and may be

brought and prosecuted in the same Manner in which any other Action of

Damages to the like Amount may be brought and prosecuted there.

[Sidenote: In Actions for Piracy the Defendant to give Notice of the

Objections to the Plaintiff's Title on which he means to rely.]

XVI. In any Action brought within the British Dominions against any

Person for printing any such Book for Sale, Hire, or Exportation, or

for importing, selling, publishing, or exposing to Sale or Hire, or

causing to be imported, sold, published, or exposed to Sale or Hire,

any such Book, the Defendant, on pleading thereto, shall give to the

Plaintiff a Notice in Writing of any Objections on which he means

to rely on the Trial of such Action[1715]; and if the Nature of his

Defence be, that the Plaintiff in such Action was not the Author or

first Publisher of the Book in which he shall by such Action claim

some other Person than the Plaintiff was the Author or first Publisher

of such Book, or is the Proprietor of the Copyright therein, then the

Defendant shall specify in such Notice the Name of the Person who he

alleges to have been the Author or first Publisher of such Book, or

the Proprietor of the Copyright therein, together with the Title of

such Book, and the Time when and the Place where such Book was first

published, otherwise the Defendant in such Action shall not at the

Trial or Hearing of such Action be allowed to give any Evidence that

the Plaintiff in such Action was not the Author or first Publisher of

the Book in which he claims such Copyright as aforesaid, or that he

was not the Proprietor of the Copyright therein; and at such Trial

or Hearing no other Objection shall be allowed to be made on behalf

of such Defendant than the Objections stated in such Notice, or that

any other Person was the Author or first Publisher of such Book, or

the Proprietor of the Copyright therein, than the Person specified in

such Notice, or give in Evidence in support of his Defence any other

Book than one substantially corresponding in Title, Time, and Place of

Publication with the Title, Time, and Place specified in such Notice.

[Sidenote: No Person, except the Proprietor, &c., shall import into

the British Dominions for Sale or Hire any Book first composed, &c.,

within the United Kingdom, and reprinted elsewhere, under Penalty of

Forfeiture thereof, and also of £10 and Double the Value.]

[Sidenote: Books may be seized by Officers of Customs or Excise.]

XVII.[1716] It shall not be lawful for any Person, not being the

Proprietor of the Copyright, or some Person authorised by him, to

import into any Part of the United Kingdom, or into any other Part

of the British Dominions, for Sale or Hire, any printed Book first

composed or written or printed and published in any Part of the said

United Kingdom, wherein there shall be Copyright, and reprinted in

any Country or Place whatsoever out of the British Dominions; and

if any Person, not being such Proprietor or Person authorised as

aforesaid, shall import or bring, or cause to be imported or brought,

for Sale or Hire, any such printed Book, into any Part of the British

Dominions, contrary to the true Intent and Meaning of this Act, or

shall knowingly sell, publish, or expose to Sale or let to Hire, or

have in his Possession for Sale or Hire, any such Book, then every

such Book shall be forfeited, and shall be seized by any Officer of

Customs or Excise, and the same shall be destroyed by such Officer,

and every Person so offending, being duly convicted thereof before

Two Justices of the Peace for the County or Place in which such Book

shall be found, shall also for every such Offence[1717] forfeit the

Sum of Ten Pounds, and Double the Value of every Copy of such Book

which he shall so import or cause to be imported into any Part of the

British Dominions, or shall knowingly sell, publish, or expose to Sale

or let to Hire, or shall cause to be sold, published, or exposed to

Sale or let to Hire, or shall have in his Possession for Sale or Hire,

contrary to the true Intent and Meaning of this Act, Five Pounds to

the Use of such Officer of Customs or Excise, and the Remainder of the

Penalty to the Use of the Proprietor of the Copyright in such Book.

[Sidenote: As to the Copyright in Encyclopædias, Periodicals, and

Works published in a Series, Reviews, or Magazines.]

[Sidenote: Proviso for Authors who have reserved the Right of

publishing their Articles in a separate Form.]

XVIII.[1718] When any Publisher or other Person shall, before or at

the Time of the passing of this Act, have projected, conducted, and

carried on, or shall hereafter project, conduct, and carry on, or

be the Proprietor of any Encyclopædia, Review, Magazine, Periodical

Work, or Work published in a Series of Books or Parts, or any Book

whatsoever,[1719] and shall have employed or shall employ any Persons

to compose the same, or any Volumes, Parts, Essays, Articles, or

Portions thereof, for Publication in or as Part of the same, and

such Work, Volumes, Parts, Essays, Articles, or Portions shall have

been or shall hereafter be composed under such Employment,[1720]

on the Terms[1721] that the Copyright therein shall belong to such

Proprietor,[1722] Projector, Publisher, or Conductor, and paid[1723]

for by such Proprietor, Projector, Publisher, or Conductor, the

Work, and Work published in a Series of Books or Parts, and in every

Volume, Part, Essay, Article, and Portion so composed and paid for,

shall be the Property of such Proprietor, Projector, Publisher, or

other Conductor, who shall enjoy the same Rights as if he were the

actual Author thereof, and shall have such Term of Copyright therein

as is given to the Authors of Books by this Act; except only that

in the Case of Essays, Articles, or Portions forming Part of and

first published in Reviews, Magazines, or other Periodical Works of

a like Nature, after the Term of Twenty-eight Years from the first

Publication thereof respectively the Right of publishing the same in

a separate Form[1724] shall revert to the Author for the Remainder

of the Term given by this Act: Provided always, that during the Term

of Twenty-eight Years the said Proprietor, Projector, Publisher,

or Conductor shall not publish any such Essay, Article, or Portion

separately or singly without the Consent previously obtained of the

Author thereof, or his Assigns: Provided also, that nothing herein

contained shall alter or affect the Right of any Person who shall have

been or who shall be so employed as aforesaid to publish any such

his Composition in a separate Form, who by any Contract, express or

implied, may have reserved or may hereafter reserve to himself such

Right; but every Author reserving, retaining, or having such Right

shall be entitled to the Copyright in such Composition when published

in a separate Form, according to this Act, without Prejudice to the

Right of such Proprietor, Projector, Publisher, or Conductor as

aforesaid.

[Sidenote: Proprietors of Encyclopædias, Periodicals, and Works

published in a Series, may enter at once at Stationers' Hall, and

thereon have the Benefit of the Registration of the Whole.]

XIX.[1725] The Proprietor of the Copyright in any Encyclopædia,

Review, Magazine, Periodical Work, or other Work published in a

Series of Books or Parts, shall be entitled to all the Benefits of

the Registration at Stationers' Hall under this Act, on entering in

the said Book of Registry the Title of such Encyclopædia, Review,

Periodical Work, or other Work published in a Series of Books or

Parts, the Time of the first Publication of the First Volume, Number,

or Part thereof, or of the First Number or Volume first published

after the passing of this Act in any such Work which shall have

been published heretofore, and the Name and Place of Abode of the

Proprietor thereof, and of the Publisher thereof, when such Publisher

shall not also be the Proprietor thereof.

[Sidenote: The Provisions of 3 & 4 W 4. c. 15, extended to Musical

Compositions, and the Term of Copyright, as provided by this Act,

applied to the Liberty of representing Dramatic Pieces and Musical

Compositions.]

XX. _And whereas an Act was passed in the Third Year of the Reign

of His late Majesty, to amend the Law relating to Dramatic Literary

Property, and it is expedient to extend the Term of the sole

Liberty of representing Dramatic Pieces given by that Act to the

full Time by this Act provided for the Continuance of Copyright:

And whereas it is expedient to extend to Musical Compositions the

Benefits of that Act, and also of this Act_;[1726] the Provisions of

the said Act of His late Majesty, and of this Act, shall apply to

Musical Compositions,[1727] and the sole Liberty of representing or

performing, or causing or permitting to be represented or performed,

any Dramatic Piece or Musical Composition, shall endure and be the

Property of the Author thereof, and his Assigns,[1728] for the Term

in this Act provided for the Duration of Copyright in Books; and the

Provisions hereinbefore enacted in respect of the Property of such

Liberty of representing or performing any Dramatic Piece or Musical

Composition, as if the same were herein expressly re-enacted and

applied thereto, save and except that the first public Representation

or Performance of any Dramatic Piece or Musical Composition shall

be deemed equivalent, in the Construction of this Act, to the first

Publication of any Book: Provided always, that in case of any Dramatic

Piece or Musical Composition in Manuscript, it shall be sufficient for

the Person having the sole Liberty of representing or performing, or

causing to be represented or performed the same, to register only the

Title thereof, the Name and Place of Abode of the Author or Composer

thereof, the Name and Place of Abode of the Proprietor thereof, and

the Time and Place of its first Representation or Performance.

[Sidenote: Proprietors of Right of Dramatic Representations shall have

all the Remedies given by 3 & 4 W. 4 c. 15]

XXI. The Person who shall at any time have the sole Liberty of

representing such Dramatic Piece or Musical Composition shall have and

enjoy the Remedies given and provided in the said Act of the Third and

Fourth Years of the Reign of His late Majesty King William the Fourth,

passed to amend the Laws relating to Dramatic Literary Property,

during the whole of his Interest therein, as fully as if the same were

re-enacted in this Act.

[Sidenote: Assignment of Copyright of a Dramatic Piece not to convey

the Right of Representation.]

XXII. No Assignment of the Copyright of any Book consisting of or

containing a Dramatic Piece or Musical Composition shall be holden to

convey to the Assignee the Right of representing or performing such

Dramatic Piece or Musical Composition, unless an Entry in the said

Registry Book shall be made of such Assignment,[1730] wherein shall be

expressed the Intention of the Parties that such Right should pass by

such Assignment.

[Sidenote: Books pirated shall become the Property of the Proprietor of

the Copyright, and may be Recovered by Action.]

XXIII.[1731] All Copies of any Book wherein there shall be Copyright,

and of which Entry shall have been made in the said Registry Book,

and which shall have been unlawfully printed or imported without the

Consent of the registered Proprietor of such Copyright, in Writing

under his Hand first obtained, shall be deemed to be the Property of

the Proprietor of such Copyright, and who shall be registered as such,

and such registered Proprietor shall, after Demand thereof in Writing,

be entitled to sue for and recover the same, or Damages for the

Detention thereof, in an Action of Detinue, from any Party who shall

detain the same, or to sue for and recover Damages for the Conversion

thereof in an Action of Trover.

[Sidenote: No Proprietor of Copyright commencing after this Act shall

sue or proceed for any Infringement before making Entry in the Book of

Registry.]

[Sidenote: Proviso for Dramatic Pieces.]

XXIV.[1732] No Proprietor of Copyright in any Book which shall be

first published after the passing of this Act shall maintain any

Action or Suit, at Law or in Equity, or any summary Proceeding, in

respect of any Infringement of such Copyright, unless he shall, before

commencing such Action, Suit, or Proceeding, have caused an Entry to

be made, in the Book of Registry of the Stationers' Company, of such

Book, pursuant to this Act: Provided always, that the Omission to

make such Entry shall not affect the Copyright in any Book, but only

the Right to sue or proceed in respect of the Infringement thereof

as aforesaid: Provided also, that nothing herein contained shall

prejudice the Remedies which the Proprietor of the sole Liberty of

representing any Dramatic Piece shall have by virtue of the Act passed

in the Third Year of the Reign of His late Majesty King William the

Fourth, to amend the Laws relating to Dramatic Literary Property, or

of this Act, although no Entry shall be made in the Book of Registry

aforesaid.[1733]

[Sidenote: Copyright shall be Personal Property.]

XXV. All Copyright shall be deemed Personal Property, and shall be

transmissible by Bequest, or, in case of Intestacy, shall be subject

to the same Law of Distribution as other Personal Property, and in

Scotland shall be deemed to be Personal and Movable Estate.

[Sidenote: General Issue.]

[Sidenote: Limitation of Actions;]

[Sidenote: not to extend to Actions, &c., in respect of the Delivery

of Books.]

XXVI. _If any Action or Suit shall be commenced or brought against

any Person or Persons whomsoever for doing or causing to be done

anything in pursuance of this Act, the Defendant or Defendants in

such Action may plead the General Issue, and give the special Matter

in Evidence; and if upon such Action a Verdict shall be given for the

Defendant, or the Plaintiff shall become nonsuited, or 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_;[1734] and all Actions, Suits, Bills, Indictments, or

Informations for any Offence that shall be committed against this

Act shall be brought, sued, and commenced within Twelve Calendar

Months[1735] next after such Offence committed, or else the same shall

be void and of none effect; provided that such Limitation of Time

shall not extend or be construed to extend to any Actions, Suits, or

other Proceedings which under the Authority of this Act shall or may

be brought, sued, or commenced for or in respect of any Copies of

Books to be delivered for the Use of the British Museum, or of any One

of the Four Libraries hereinbefore mentioned.

[Sidenote: Saving the Rights of the Universities, and the Colleges of

Eton, Westminster, and Winchester.]

XXVII. Provided always, That nothing in this Act contained shall

affect or alter the Rights of the Two Universities of Oxford and

Cambridge, the Colleges or Houses of Learning within the same, the

Four Universities in Scotland, the College of the Holy and Undivided

Trinity of Queen Elizabeth near Dublin, and the several Colleges

of Eton, Westminster, and Winchester, in any Copyrights heretofore

and now vested or hereafter to be vested in such Universities and

Colleges respectively, anything to the contrary herein contained

notwithstanding.

[Sidenote: Saving all subsisting Rights, Contracts, and Engagements.]

XXVIII. Provided also, That nothing in this Act contained shall

affect, alter, or vary any Right subsisting at the Time of passing

of this Act, except as herein expressly enacted; and all Contracts,

Agreements, and Obligations made and entered into before the passing

of this Act, and all Remedies relating thereto, shall remain in full

force, any thing herein contained to the contrary notwithstanding.

[Sidenote: Extent of the Act.]

XXIX. This Act shall extend to the United Kingdom of Great Britain and

Ireland, and to every Part of the British Dominions.

[Sidenote: Act may be amended this Session.]

XXX. _This Act may be amended or repealed by any Act to be passed in

the present Session of Parliament._[1736]

SCHEDULE TO WHICH THE PRECEDING ACT REFERS.

No. 1.

FORM of MINUTE of CONSENT to be entered at Stationers' Hall.

WE, the undersigned, _A. B._ of ---- the Author of a certain Book,

intituled _Y. Z._ [_or_ the personal Representative of the Author, _as

the Case may be_], and _C. D._ of ---- do hereby certify, That we have

consented and agreed to accept the Benefits of the Act passed in the

Fifth Year of the Reign of Her Majesty Queen Victoria, Cap. ----, for

the Extension of the Term of Copyright therein provided by the said

Act, and hereby declare that such extended Term of Copyright therein

is the Property of the said _A. B._ or _C. D._

Dated this ---- Day of ---- 18--.

(Signed) _A. B._

Witness _C. D._

To the Registering Officer appointed by the Stationers' Company.

No. 2.

FORM of REQUIRING ENTRY of PROPRIETORSHIP.

I _A. B._ of ---- do hereby certify, That I am the Proprietor of the

to make Entry in the Register Book of the Stationers' Company of

my Proprietorship of such Copyright, according to the Particulars

underwritten.

-------+-----------------------+-------------------+--------------

Title | Name of Publisher, | Name and Place | Date of First

of | and | of Abode of | Publication.

Book. | Place of Publication. | the Proprietor |

| | of the Copyright |

-------+-----------------------+-------------------+--------------

_Y. Z._| | _A. B._ |

-------+-----------------------+-------------------+--------------

Dated this ---- Day of ---- 18--.

Witness, _C. D._ ---- (Signed) _A. B._

NO. 3.

ORIGINAL ENTRY of PROPRIETORSHIP of COPYRIGHT of a BOOK.

--------+----------+----------------+-----------------+--------------

Time of | Title of | Name of the | Name and Place | Date of First

making | Book. | Publisher, and | of Abode of the | Publication.

the | | Place of | Proprietor of |

Entry. | | Publication. | the Copyright. |

--------+----------+----------------+-----------------+--------------

|_Y. Z._ | _A. B._ | _C. D._ |

--------+----------+----------------+-----------------+--------------

NO. 4.

FORM of CONCURRENCE of the PARTY assigning in any BOOK previously

registered.

I _A. B._ of ---- being the Assigner of the Copyright of the Book

hereunder described, do hereby require you to make Entry of the

Assignment of the Copyright therein.

---------------+----------------------------+-----------------------

Title of Book. | Assigner of the Copyright. | Assignee of Copyright.

---------------+----------------------------+-----------------------

_Y. Z._ | _A. B._ | _C. D._

---------------+----------------------------+-----------------------

Dated this ---- Day of ---- 18--.

(Signed) _A. B._

No. 5.

Date of Entry. Title of Book. Assigner of the Assignee of

[_Set out the Title of

the Book, and refer

to the Page of the

Registry Book in _A. B._ _C. D._

which the original

Entry of the Copyright

thereof is made._]

THE INTERNATIONAL COPYRIGHT ACT, 1844.

7 & 8 VICT. C. 12.

An Act to amend the Law relating to International Copyright.

[10th May 1844.]

[Sidenote: 1 & 2 Vict. c. 59.]

[Sidenote: 3 & 4 W. 4. c. 15]

[Sidenote: 5 & 6 Vict. c. 45.]

[Sidenote: 8 G. 2c. 13.]

[Sidenote: 7 G. 3c. 38.]

[Sidenote: 17 G. 3 c. 57.]

[Sidenote: 6 & 7 W. 4 c. 59.]

[Sidenote: 38 G. 3 c. 71.]

[Sidenote: 54 G. 3 c. 56.]

[Sidenote: Repeal of International Copyright Act.]

I. _Whereas by an Act passed in the Session of Parliament held in the

First and Second Years of the Reign of Her present Majesty, intituled

An Act for securing to Authors in certain Cases the Benefit of

international Copyright (and which Act is hereinafter, for the sake

of Perspicuity, designated as "the International Copyright Act"), Her

Majesty was empowered by Order in Council to direct that the Authors

of Books which should after a future Time, to be specified in such

Order in Council, be published in any Foreign Country, to be specified

in such Order in Council, and their Executors, Administrators, and

Assigns, should have the sole Liberty of printing and reprinting such

Books within the British Dominions for such Term as Her Majesty should

by such Order in Council direct, not exceeding the Term which Authors,

being British Subjects, were then, (that is to say) at the Time of

passing the said Act, entitled to in respect of Books first published

in the United Kingdom; and the said Act contains divers Enactments

securing to Authors and their Representatives the Copyright in the

Books to which any such Order in Council should extend: And whereas

an Act was passed in the Session of Parliament held in the Fifth and

Sixth Years of the Reign of Her present Majesty, intituled An Act to

amend the Law of Copyright (and which Act is hereinafter, for the

sake of Perspicuity, designated as "the Copyright Amendment Act"),

repealing various Acts therein mentioned relating to the Copyright of

printed Books, and extending, defining, and securing to Authors and

their Representatives the Copyright of Books: And whereas an Act was

passed in the Session of Parliament held in the Third and Fourth Years

of the Reign of His late Majesty King William the Fourth, intituled

An Act to amend the Laws relating to Dramatic Literary Property (and

which Act is hereinafter, for the sake of Perspicuity, designated

as "the Dramatic Literary Property Act"), whereby the sole Liberty of

representing or causing to be represented any Dramatic Piece in any

Place of Dramatic Entertainment in any Part of the British Dominions,

which should be composed and not printed or published by the Author

thereof or his Assignee, was secured to such Author or his Assignee;

and by the said Act it was enacted, that the Author of any such

Production which should thereafter be printed and published, or his

Assignee, should have the like sole Liberty of Representation until

the End of Twenty-eight Years from the first Publication thereof: And

whereas by the said Copyright Amendment Act the Provisions of the said

Dramatic Literary Property Act and of the said Copyright Amendment

Act were made applicable to Musical Compositions; and it was thereby

also enacted, that the sole Liberty of representing or performing,

or causing or permitting to be represented or performed, in any Part

of the British Dominions, any Dramatic Piece or Musical Composition,

should endure and be the Property of the Author thereof and his

Assigns for the Term in the said Copyright Amendment Act provided

for the Duration of the Copyright in Books, and that the Provisions

therein enacted in respect of the Property of such Copyright should

apply to the Liberty of representing or performing any Dramatic

Piece or Musical Composition: And whereas under or by virtue of the

Four several Acts next hereinafter mentioned; (that is to say,) an

Act 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 or Engravers during

the Time therein mentioned; an Act passed in the Seventh Year of His

late Majesty King George the Third, intituled 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 Prints; and for vesting in

and securing to Jane Hogarth, Widow, the Property in certain Prints;

an Act passed in the Seventeenth Year of the Reign of His late Majesty

King George the Third, intituled 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; and an Act passed

in the Session of Parliament held in the Sixth and Seventh Years of

the Reign of His late Majesty King William the Fourth, intituled An

Act to extend the Protection of Copyright in Prints and Engravings

to Ireland; (and which said Four several Acts are hereinafter,

for the sake of Perspicuity, designated as the Engraving Copyright

Acts;) every Person who invents or designs, engraves, etches, or

works in Mezzotinto or Chiaro-oscuro, or from his own Work, Design,

or Invention causes or procures 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, and every Person who engraves, etches, or works

in Mezzotinto or Chiaro-oscuro, or causes to be engraved, etched,

or worked, any Print taken from any Picture, Drawing, Model, or

Sculpture, either ancient or modern, notwithstanding such Print shall

not have been graven or drawn from the original Design of such Graver,

Etcher, or Draftsman, is entitled to the Copyright of such Print for

the Term of Twenty-eight Years from the first publishing thereof;

and by the said several Engraving Copyright Acts it is provided that

the Name of the Proprietor shall be truly engraved on each Plate,

and printed on every such Print, and Remedies are provided for the

Infringement of such Copyright: And whereas under and by virtue of

an Act passed in the Thirty-eighth Year of the Reign of His late

Majesty King George the Third, intituled An Act for encouraging the

Art of making new Models and Casts of Busts and other Things therein

mentioned, and of an Act passed in the Fifty-fourth Year of the

Reign of His late Majesty King George the Third, intituled 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, (and which said Acts are, for the sake of Perspicuity,

hereinafter designated as the Sculpture Copyright Acts,) every Person

who makes or causes to be made any new and original Sculpture, or

Model or Copy or Cast of the Human Figure, any Bust or Part of the

Human Figure clothed in Drapery or otherwise, any Animal or Part of

any Animal combined with the Human Figure or otherwise, any Subject,

being Matter of Invention in Sculpture, any Alto or Basso-Relievo,

representing any of the Matters aforesaid, or any Cast from Nature of

the Human Figure or Part thereof, or of any Animal or Part thereof, or

of any such Subject representing any of the Matters aforesaid, whether

separate or combined, is entitled to the Copyright in such new and

original Sculpture, Model, Copy, and Cast, for Fourteen Years from

first putting forth and publishing the same, and for an additional

Period of Fourteen Years in case the original Maker is living at the

End of the first Period; and by the said Acts it is provided that the

Name of the Proprietor, with the Date of the Publication thereof,

is to be put on all such Sculptures, Models, Copies, and Casts, and

Remedies are provided for the Infringement of such Copyright: And

whereas the Powers vested in Her Majesty by the said International

Authors of Books first published in Foreign Countries Copyright of

the like Duration, and with the like Remedies for the Infringement

thereof, which are conferred and provided by the said Copyright

Amendment Act with respect to Authors of Books first published in the

British Dominions; and the said International Copyright Act does not

empower Her Majesty to confer any exclusive Right of representing or

performing Dramatic Pieces or Musical Compositions first published

in Foreign Countries upon the Authors thereof, nor to extend the

Privilege of Copyright to Prints and Sculpture first published abroad;

and it is expedient to vest increased Powers in Her Majesty in this

respect, and for that Purpose to repeal the said International

make such further Provisions, as are hereinafter contained:[1737] the

said recited Act herein designated as the International Copyright Act

shall be and the same is hereby repealed._[1738]

[Sidenote: Her Majesty, by Order in Council, may direct that Authors,

&c., of Works first published in Foreign Countries shall have

II. It shall be lawful for Her Majesty, by any Order of Her Majesty

in Council, to direct that, as respects all or any particular Class

or Classes of the following Works, (namely,) Books, Prints, Articles

of Sculpture, and other Works of Art, to be defined in such Order,

which shall after a future Time, to be specified in such Order, be

first published in any Foreign Country to be named in such Order,

the Authors, Inventors, Designers, Engravers, and Makers thereof

respectively, their respective Executors, Administrators, and

Assigns, shall have the Privilege of Copyright therein during such

Period or respective Periods as shall be defined in such Order, not

exceeding, however, as to any of the above-mentioned Works, the Term

of Copyright which Authors, Inventors, Designers, Engravers, and

Makers of the like Works respectively first published in the United

Kingdom may be then entitled to under the hereinbefore recited Acts

respectively, or under any Acts which may hereafter be passed in that

Behalf.

[Sidenote: If the Order applies to Books, the Copyright Law as to

Books first published in this Country shall apply to the Books to

which the Order relates, with certain Exceptions.]

III. In case any such Order shall apply to Books, all and singular

the Enactments of the said Copyright Amendment Act, and of any other

Act for the Time being in force with relation to the Copyright in

Books first published in this Country, shall, from and after the Time

so to be specified in that Behalf in such Order, and subject to such

Limitation as to the Duration of the Copyright as shall be therein

contained, apply to and be in force in respect of the Books to which

such Order shall extend, and which shall have been registered as

hereinafter is provided, in such and the same Manner as if such Books

were first published in the United Kingdom, save and except such of

the said Enactments, or such Parts thereof, as shall be excepted in

such Order, and save and except such of the said Enactments as relate

to the Delivery of Copies of Books at the British Museum, and to or

for the Use of the other Libraries mentioned in the said Copyright

Amendment Act.

[Sidenote: If the Order applies to Prints, Sculptures, &c., the

Country shall apply to the Prints, Sculptures, &c., to which such

Order relates.]

IV. In case any such Order shall apply to Prints, Articles of

Sculpture, or to any such other Works of Art as aforesaid, all and

singular the Enactments of the said Engraving Copyright Acts and

the said Sculpture Copyright Acts, or of any other Act for the Time

being in force with relation to the Copyright in Prints or Articles

of Sculpture first published in this Country, and of any Act for the

Time being in force with relation to the Copyright in any similar

Works of Art first published in this Country, shall, from and after

the Time so to be specified in that Behalf in such Order, and subject

to such Limitation as to the Duration of the Copyright as shall be

therein contained respectively, apply to and be in force in respect

of the Prints, Articles of Sculpture, and other Works of Art to

which such Order shall extend, and which shall have been registered

as hereinafter is provided, in such and the same Manner as if such

Articles and other Works of Art were first published in the United

Kingdom, save and except such of the said Enactments or such Parts

thereof as shall be excepted in such Order.

[Sidenote: Her Majesty may, by Order in Council, direct that Authors

and Composers of Dramatic Pieces and Musical Compositions first

publicly represented and performed in Foreign Countries shall have

similar Rights in the British Dominions.]

V. It shall be lawful for Her Majesty, by any Order of Her Majesty in

Council, to direct that the Authors of Dramatic Pieces and Musical

Compositions which shall after a future Time, to be specified in such

Order, be first publicly represented or performed in any Foreign

Country to be named in such Order, shall have the sole Liberty of

representing or performing in any Part of the British Dominions such

Dramatic Pieces or Musical Compositions during such Period as shall be

defined in such Order, not exceeding the Period during which Authors

of Dramatic Pieces and Musical Compositions first publicly represented

or performed in the United Kingdom may for the Time be entitled by

Law to the sole Liberty of representing and performing the same; and

from and after the Time so specified in any such last-mentioned Order

the Enactments of the said Dramatic Literary Property Act and of the

said Copyright Amendment Act, and of any other Act for the Time being

in force with relation to the Liberty of publicly representing and

performing Dramatic Pieces or Musical Compositions, shall, subject

to such Limitation as lo the Duration of the Right conferred by any

such Order as shall be therein contained, apply to and be in force

in respect of the Dramatic Pieces and Musical Compositions to which

such Order shall extend, and which shall have been registered as

hereinafter is provided, in such and the same Manner as if such

Dramatic Pieces and Musical Compositions had been first publicly

represented and performed in the British Dominions, save and except

such of the said Enactments or such Parts thereof as shall be excepted

in such Order.

[Sidenote: Particulars to be observed as to Registry and to Delivery

of Copies.]

VI. Provided always, That no Author of any Book, Dramatic Piece or

Musical Composition, or his Executors, Administrators, or Assigns,

and no Inventor, Designer, or Engraver of any Print, or Maker of

any Article of Sculpture, or other Work of Art, his Executors,

Administrators, or Assigns, shall be entitled to the Benefit of this

Act, or of any Order in Council to be issued in pursuance thereof,

unless, within a Time or Times to be in that Behalf prescribed in each

such Order in Council, such Book, Dramatic Piece, Musical Composition,

Print, Article of Sculpture, or other Work of Art, shall have been

so registered, and such Copy thereof shall have been so delivered as

hereinafter is mentioned; (that is to say,) as regards such Book, and

also such Dramatic Piece or Musical Composition, (in the event of the

same having been printed,) the Title to the Copy thereof, the Name

and Place of Abode of the Author or Composer thereof, the Name and

Place of Abode of the Proprietor of the Copyright thereof, the Time

and Place of the first Publication, Representation, or Performance

thereof, as the Case may be, in the Foreign Country named in the Order

in Council under which the Benefits of this Act shall be claimed,

shall be entered in the Register Book of the Company of Stationers in

London, and One printed Copy of the whole of such Book, and of such

Dramatic Piece or Musical Composition, in the event of the same having

been printed, and of every Volume thereof, upon the best Paper upon

which the largest Number or Impression of the Book, Dramatic Piece,

or Musical Composition shall have been printed for Sale, together

with all Maps and Prints relating thereto, shall be delivered to the

Officer of the Company of Stationers at the Hall of the said Company;

and as regards Dramatic Pieces and Musical Compositions in Manuscript,

the Title to the same, the Name and Place of Abode of the Author or

Composer thereof, the Name and Place of Abode of the Proprietor of the

Right of representing or performing the same, and the Time and Place

of the first Representation or Performance thereof in the Country

named in the Order in Council under which the Benefit of the Act shall

be claimed, shall be entered in the said Register Book of the said

Company of Stationers in London; and as regards Prints, the Title

thereof, the Name and Place of Abode of the Inventor, Designer, or

Engraver thereof, the Name of the Proprietor of the Copyright therein,

and the Time and Place of the first Publication thereof in the Foreign

Country named in the Order in Council under which the Benefits of the

Act shall be claimed, shall be entered in the said Register Book of

the said Company of Stationers in London, and a Copy of such Print,

upon the best Paper upon which the largest Number or Impressions of

the Print shall have been printed for Sale, shall be delivered to the

Officer of the Company of Stationers at the Hall of the said Company;

and as regards any such Article of Sculpture, or any such other Work

of Art as aforesaid, a descriptive Title thereof, the Name and Place

of Abode of the Maker thereof, the Name of the Proprietor of the

in the Foreign Country named in the Order in Council under which the

Benefit of this Act shall be claimed, shall be entered in the said

Officer of the said Company of Stationers receiving such Copies so

to be delivered as aforesaid shall give a Receipt in Writing for

the same, and such Delivery shall to all Intents and Purposes be a

sufficient Delivery under the Provisions of this Act.

[Sidenote: In case of Books published anonymously, the Name of the

Publisher to be sufficient.]

VII. Provided always, That if a Book be published anonymously it shall

be sufficient to insert in the Entry thereof in such Register Book

the Name and Place of Abode of the first Publisher thereof, instead

of the Name and Place of Abode of the Author thereof, together with a

Declaration that such Entry is made either on behalf of the Author or

on behalf of such first Publisher, as the Case may require.

[Sidenote: The Provisions of the Copyright Amendment Act as regards

Entries in the Register Book of the Company of Stationers, &c., to

apply to Entries under this Act.]

VIII. And be it enacted, That the several Enactments in the said

the Delivery of certified and stamped Copies thereof, the Reception

of such Copies in Evidence, the making of false Entries in the said

Book, and the Production in Evidence of Papers falsely purporting to

be Copies of Entries in the said Book, the Applications to the Courts

and Judges by Persons aggrieved by Entries in the said Book, and the

expunging and varying such Entries, shall apply to the Books, Dramatic

Pieces, and Musical Compositions, Prints, Articles of Sculpture, and

other Works of Art, to which any Order in Council issued in pursuance

of this Act shall extend, and to the Entries and Assignments of

if such Enactments were here expressly enacted in relation thereto,

save and except that the Forms of Entry prescribed by the said

the Case, and that the Sum to be demanded by the Officer of the said

Company of Stationers for making any Entry required by this Act shall

be One Shilling only.

[Sidenote: As to expunging or varying Entry grounded in wrongful first

Publication.]

IX. Every Entry made in pursuance of this Act of a first Publication

shall be _primâ facie_ Proof of a rightful first Publication; but if

there be a wrongful first Publication, and any Party have availed

himself thereof to obtain an Entry of a spurious Work, no Order for

expunging or varying such Entry shall be made unless it be proved

to the Satisfaction of the Court or of the Judge taking cognizance

of the Application for expunging or varying such Entry, first, with

respect to a wrongful Publication in a Country to which the Author or

first Publisher does not belong, and in regard to which there does not

subsist with this Country any Treaty of International Copyright, that

the Party making the Application was the Author or first Publisher,

as the Case requires; second, with respect to a wrongful first

Publication either in the Country where a rightful first Publication

has taken place, or in regard to which there subsists with this

Country a Treaty of International Copyright, that a Court of competent

Jurisdiction in any such country where such wrongful first Publication

has taken place has given Judgment in favour of the Right of the Party

claiming to be the Author or first Publisher.

[Sidenote: Copies of Books wherein Copyright is subsisting under this

Act printed in Foreign Countries other than those wherein the Book was

first published prohibited to be imported.]

X. All Copies of Books wherein there shall be any subsisting Copyright

under or by virtue of this Act, or of any Order in Council made in

pursuance thereof, printed or reprinted in any Foreign Country except

that in which such Books were first published, shall be and the same

are hereby absolutely prohibited to be imported into any Part of the

British Dominions, except by or with the Consent of the registered

Proprietor of the Copyright thereof, or his Agent authorised in

Writing, and if imported contrary to this Prohibition the same and the

Importers thereof shall be subject to the Enactments in force relating

to Goods prohibited to be imported by any Act relating to the Customs;

and as respects any such Copies so prohibited to be imported, and also

as respects any Copies unlawfully printed in any Place whatsoever of

any Books wherein there shall be any such subsisting Copyright as

aforesaid, any Person who shall in any Part of the British Dominions

import such prohibited or unlawfully printed Copies, or who, knowing

such Copies to be so unlawfully imported or unlawfully printed, shall

sell, publish, or expose to sale or hire, or shall cause to be sold,

published, or exposed to sale or hire, or have in his Possession for

sale or hire, any such Copies so unlawfully imported or unlawfully

printed, such Offender shall be liable to a special Action on the

Case at the Suit of the Proprietor of such Copyright, to be brought

and prosecuted in the same Courts and in the same Manner, and with

the like Restrictions upon the Proceedings of the Defendant, as are

respectively prescribed in the said Copyright Amendment Act with

relation to Actions thereby authorised to be brought by Proprietors

of Copyright against Persons importing or selling Books unlawfully

printed in the British Dominions.

[Sidenote: Officer of Stationers' Company to deposit Books, &c., in

the British Museum.]

XI. The said Officer of the said Company of Stationers shall receive

at the Hall of the said Company every Book, Volume, or Print so to be

delivered as aforesaid, and within One Calendar Month after receiving

such Book, Volume, or Print shall deposit the same in the Library of

the British Museum.

[Sidenote: Second or subsequent Editions.]

XII. Provided always, That it shall not be requisite to deliver to the

said Officer of the said Stationers' Company any printed Copy of the

Second or of any subsequent Edition of any Book or Books so delivered

as aforesaid, unless the same shall contain Additions or Alterations.

[Sidenote: Orders in Council may specify different Periods for

different Foreign Countries and for different Classes of Works.]

XIII. The respective Terms to be specified by such Orders in Council

respectively for the Continuance of the Privilege to be granted in

respect of Works to be first published in Foreign Countries may be

different for Works first published in different Foreign Countries and

for different Classes of such Works; and the Times to be prescribed

for the Entries to be made in the Register Book of the Stationers'

Company, and for the Deliveries of the Books and other Articles to

the said Officer of the Stationers' Company, as hereinbefore is

mentioned, may be different for different Foreign Countries and for

different Classes of Books or other Articles.

[Sidenote: No Order in Council to have any Effect unless it states

that reciprocal Protection is secured.]

XIV. _Provided always, That no such Order in Council shall have any

Effect unless it shall be therein stated, as the Ground for issuing

the same, that due Protection has been secured by the Foreign Power so

named in such Order in Council for the Benefit of Parties interested

in Works first published in the Dominions of Her Majesty similar to

those comprised in such Order._[1739]

[Sidenote: Orders in Council to be published in Gazette, and to have

same Effect as this Act.]

XV. Every Order in Council to be made under the Authority of this Act

shall as soon as may be after the making thereof by Her Majesty in

Council be published in the London Gazette, and from the Time of such

Publication shall have the same Effect as if every Part thereof were

included in this Act.

[Sidenote: Orders in Council to be laid before Parliament.]

XVI. A Copy of every Order of Her Majesty in Council made under this

Act shall be laid before both Houses of Parliament within Six Weeks

after issuing the same, if Parliament be then sitting, and if not,

then within Six Weeks after the commencement of the then next Session

of Parliament.

[Sidenote: Orders in Council may be revoked.]

XVII. _It shall be lawful for Her Majesty by an Order in Council from

Time to Time to revoke or alter any Order in Council previously made

under the Authority of this Act, but nevertheless without Prejudice to

any Rights acquired previously to such Revocation or Alteration._[1740]

[Sidenote: Translations.]

XVIII. _Provided always, That nothing in this Act contained shall

be construed to prevent the printing, Publication, or Sale of any

Translation of any Book the Author whereof and his Assigns may be

entitled to the Benefit of this Act._[1741]

[Sidenote: Authors of Works first published in Foreign Countries not

entitled to Copyright except under this Act.]

XIX.[1742] Neither the Author of any Book, nor the Author or Composer

of any Dramatic Piece or Musical Composition, nor the Inventor,

Designer, or Engraver of any Print, nor the Maker of any Article of

Sculpture, or of such other Work of Art as aforesaid, which shall

after the passing of this Act be first published out of Her Majesty's

Dominions, shall have any Copyright therein respectively, or any

exclusive Right to the public Representation or Performance thereof,

otherwise than such (if any) as he may become entitled to under this

Act.

[Sidenote: Interpretation Clause.]

XX. In the Construction of this Act the Word "Book" shall be construed

to include "Volume," "Pamphlet," "Sheet of Letterpress," "Sheet

of Music," "Map," "Chart," or "Plan;" and the Expression "Articles

of Sculpture " shall mean all such Sculptures, Models, Copies, and

Casts as are described in the said Sculpture Copyright Acts, and in

respect of which the Privileges of Copyright are thereby conferred;

and the Words "printing" and "reprinting," shall include engraving

and any other Method of multiplying Copies; and the Expressions

"Order of Her Majesty in Council," "Order in Council," and " Order,"

shall respectively mean Order of Her Majesty acting by and with

the Advice of Her Majesty's Most Honourable Privy Council; and the

Expression "Officer of the Company of Stationers" shall mean the

Officer appointed by the said Company of Stationers for the Purposes

of the said Copyright Amendment Act; and in describing any Persons or

Things any Word importing the Plural Number shall mean also One Person

or Thing, and any Word importing the Singular Number shall include

several Persons or Things, and any Word importing the Masculine

shall include also the Feminine Gender; unless in any of such Cases

there shall be something in the Subject or Context repugnant to such

Construction.

[Sidenote: Act may be repealed this Session.]

XXI. _This Act may be amended or repealed by any Act to be passed in

this present Session of Parliament._[1743]

THE COLONIAL COPYRIGHT ACT, 1847.[1744]

10 & 11 VICT. C. 95.

An Act to amend the Law relating to the Protection in the Colonies

of Works entitled to Copyright in the United Kingdom.

[22nd July 1847.]

[Sidenote: 5 & 6 Vict. c. 45.]

[Sidenote: 8 & 9 Vict. c. 93.]

[Sidenote: Her Majesty may suspend in certain Cases the Prohibitions

against the Admission of pirated Books into the Colonies in certain

Cases.]

I. _Whereas by an Act passed in the Session of Parliament holden in

the Fifth and Sixth Years of Her present Majesty, intituled An Act

to amend the Law of Copyright, it is amongst other things enacted,

that it shall not be lawful for any Person not being the Proprietor

of the Copyright, or some Person authorised by him, to import into

any Part of the United Kingdom, or into any other Part of the British

Dominions, for Sale or Hire, any printed Book first composed or

written or printed or published in any Part of the United Kingdom

wherein there shall be Copyright, and reprinted in any Country or

Place whatsoever out of the British Dominions: And whereas by an

Act passed in the Session of Parliament holden in the Eighth and

Ninth Years of the Reign of Her present Majesty, intituled An Act

to regulate the Trade of the British Possessions abroad, Books

wherein the Copyright is subsisting, first composed or written or

printed in the United Kingdom, and printed or reprinted in any other

Country, are absolutely prohibited to be imported into the British

Possessions abroad: And whereas by the said last-recited Act it is

enacted, that all Laws, Bye-Laws, Usages, or Customs in practice,

or endeavoured or pretended to be in force or practice in any of

the British Possessions in America, which are in anywise repugnant

to the said Act or to any Act of Parliament made or to be made in

the United Kingdom, so far as such Act shall relate to and mention

the said Possessions, are and shall be null and void to all Intents

and Purposes whatsoever:_[1745] In case the Legislature or proper

legislative Authorities in any British Possession shall be disposed to

make due Provision for securing or protecting the Rights of British

Authors in such Possession, and shall pass an Act or make an Ordinance

for that Purpose, and shall transmit the same in the proper Manner

to the Secretary of State, in order that it may be submitted to Her

Majesty, and in case Her Majesty shall be of opinion that such Act or

Ordinance is sufficient for the Purpose of securing to British Authors

reasonable Protection within such Possession, it shall be lawful for

Her Majesty, if She think fit so to do, to express Her Royal Approval

of such Act or Ordinance, and thereupon to issue an Order in Council

declaring that so long as the Provisions of such Act or Ordinance

continue in force within such Colony the Prohibitions contained in

the aforesaid Acts, and hereinbefore recited, and any Prohibitions

contained in the said Acts or in any other Acts against the importing,

selling, letting out to hire, exposing for Sale or Hire, or possessing

Foreign Reprints of Books first composed, written, printed, or

published in the United Kingdom, and entitled to Copyright therein,

shall be suspended so far as regards such Colony; and thereupon such

Act or Ordinance shall come into operation, except so far as may be

otherwise provided therein, or as may be otherwise directed by such

Order in Council, any thing in the said last-recited Act or in any

other Act to the contrary notwithstanding.

[Sidenote: Orders in Council to be published in Gazette. Orders

in Council and the Colonial Acts or Ordinances to be laid before

Parliament. Act may be amended, &c.]

II. Every such Order in Council shall, within One Week after the

issuing thereof, be published in the _London Gazette_, and a Copy

thereof, and of every such Colonial Act or Ordinance so approved

as aforesaid by Her Majesty, shall be laid before both Houses of

Parliament within Six Weeks after the issuing of such Order, if

Parliament be then sitting, or if Parliament be not then sitting, then

within Six Weeks after the opening of the next Session of Parliament.

III. _And be it enacted, This Act may be amended or repealed by any

Act to be passed in the present Session of Parliament._[1746]

13 & 14 VICT. C. 104.

An Act to extend and amend the Acts relating to the Copyright of

Designs.

[14th August 1850.]

[Sidenote: Registration of Sculpture, Models, &c.]

VI. _The Registrar of Designs, upon Application by or on behalf of

the Proprietor of any Sculpture, Model, Copy, or Cast within the

Protection of the Sculpture Copyright Acts, and upon being furnished

with such Copy, Drawing, Print, or Description, in Writing or in

Print, as in the Judgment of the said Registrar shall be sufficient to

identify the particular Sculpture, Model, Copy, or Cast in respect of

which Registration is desired, and the Name of the Person claiming to

be Proprietor, together with his Place of Abode or Business or other

Place of Address, or the Name, Style, or Title of the Firm under which

he may be trading, shall register such Sculpture, Model, Copy, or Cast

in such Manner and Form as shall from Time to Time be prescribed or

approved by the Board of Trade for the whole or any Part of the Term

during which Copyright in such Sculpture, Model, Copy, or Cast may or

shall exist under the Sculpture Copyright Acts; and whenever any such

Registration shall be made, the said Registrar shall certify under his

Hand and Seal of Office, in such Form as the said Board shall direct

or approve, the Fact of such Registration, and the Date of the same,

and the Name of the registered Proprietor, or the Style or Title of

the Firm under which such Proprietor may be trading, together with his

Place of Abode or Business or other Place of Address._[1747]

[Sidenote: Benefits conferred by Registration of Sculpture, &c.]

VII. _If any Person shall, during the Continuance of the Copyright

in any Sculpture, Model, Copy, or Cast which shall have been so

registered as aforesaid, make, import, or cause to be made, imported,

exposed for Sale, or otherwise disposed of, any pirated Copy or

pirated Cast of any such Sculpture, Model, Copy, or Cast, in such

Manner and under such Circumstances as would entitle the Proprietor

to a special Action on the case under the Sculpture Copyright Acts,

the Person so offending shall forfeit for every such Offence a

Sum not less than Five Pounds and not exceeding Thirty Pounds to

the Proprietor of the Sculpture, Model, Copy, or Cast whereof the

Penalty the Proprietor of the Sculpture, Model, Copy, or Cast which

shall have been so pirated shall have and be entitled to the same

Remedies as are provided for the Recovery of Penalties incurred under

the Designs Act, 1842: Provided always, that the Proprietor of any

Sculpture, Model, Copy, or Cast which shall be registered under this

Act shall not be entitled to the Benefit of this Act, unless every

Copy or Cast of such Sculpture, Model, Copy, or Cast which shall be

published by him after such Registration shall be marked with the Word

"registered" and with the Date of Registration._[1748]

THE INTERNATIONAL COPYRIGHT ACT, 1852.

15 & 16 VICT. C. 12.

An Act _to enable Her Majesty to carry into effect a Convention

with France on the subject of Copyright_; to extend and explain

the International Copyright Acts: and to explain the Acts relating

to Copyright in Engravings.

[28th May 1852.]

Whereas an Act was passed in the Seventh Year of the Reign of Her

present Majesty, intituled An Act to amend the Law relating to

International Copyright, hereinafter called "The International

between Her Majesty and the French Republic, for extending in each

Country the Enjoyment of Copyright in Works of Literature and the

Fine Arts first published in the other, and for certain Reductions

of Duties now levied on Books, Prints, and Musical Works published

in France: And whereas certain of the Stipulations on the Part of

Her Majesty contained in the said Treaty require the Authority of

Parliament: And whereas it is expedient that such Authority should

be given, and that Her Majesty should be enabled to make similar

Stipulations in any Treaty on the Subject of Copyright which may

hereafter be concluded with any Foreign Power: Be it enacted as

follows:

I. _The 18th Section of 7 Vict. c. 12 shall be repealed so far as the

same is inconsistent with the provisions hereinafter contained._

II. _Her Majesty may by Order in Council[1749] direct that the Authors

of Books which are after a future Time to be specified in such

Order, published in any foreign Country to be named in such Order,

their Executors, Administrators, and Assigns, shall, subject to the

Provisions hereinafter contained or referred to, be empowered to

prevent the Publication in the British Dominions of any Translations

of such Books not authorised by them, for such Time as may be

specified in such Order, not extending beyond the Expiration of five

Years from the Time at which the authorised Translations of such Books

hereinafter mentioned are respectively first published, and in the

case of Books published in Parts not extending as to each Part beyond

the Expiration of Five Years from the Time at which the authorised

Translation of such Part is first published._

III. _Subject to any Provisions or Qualifications contained in such

Order and to the provisions herein contained or referred to, the

Laws and Enactments for the Time being in force for the purpose of

preventing the Infringement of Copyright in Books published in the

British Dominions, shall be applied for the Purpose of preventing the

publication of Translations of the Books to which such Order extends

which are not sanctioned by the Authors of such Books, except only

such Parts of the said Enactments as relate to the Delivery of Copies

of Books for the Use of the British Museum and for the Use of the

other Libraries therein referred to._

IV. _Her Majesty may by Order in Council direct that Authors of

Dramatic Pieces which are after a future Time to be specified in such

Order, first publicly represented in any Foreign Country, to be named

in such Order, their Executors, Administrators, and Assigns, shall,

subject to the Provisions hereinafter mentioned or referred to, be

empowered to prevent the Representation in the British Dominions of

any Translation of such Dramatic Pieces not authorised by them, for

such Time as may be specified in such Order, not extending beyond

the Expiration of Five Years from the Time at which the Authorised

Translations of such Dramatic Pieces hereinafter mentioned are first

published or publicly represented._

V. _Subject to any Provisions or Qualifications contained in such

last-mentioned Order and to the Provisions hereinafter contained

or referred to, the Laws and Enactments for the Time being in force

for ensuring to the Author of any Dramatic Piece first publicly

represented in the British Dominions, the sole Liberty of representing

the same shall be applied for the Purpose of preventing the

Representation of any Translations of the Dramatic Pieces to which

such last-mentioned Order extends, which are not sanctioned by the

Authors thereof._[1750]

VI. Nothing herein contained shall be so construed as to prevent fair

Imitations or Adaptations to the English Stage of any Dramatic Piece

or Musical Composition published in any Foreign Country.

VII. Notwithstanding any thing in the said International Copyright Act

or in this Act contained any Article of Political Discussion which has

been published in any Newspaper or Periodical in a Foreign Country

may, if the source from which the same is taken be acknowledged, be

republished or translated in any Newspaper or Periodical in this

Country: and any Article relating to any other Subject which has

been so published as aforesaid may, if the source from which the

same is taken be acknowledged, be republished or translated in like

Manner, unless the Author has signified his Intention of preserving

the Copyright therein and the Right of Translating the same in some

conspicuous Part of the Newspaper or Periodical in which the same was

first published, in which case the same shall without the Formalities

required by the next following Section, receive the same Protection as

is by virtue of the International Copyright Act or this Act extended

to Books.

VIII. _No Author, or his Executors, Administrators, or Assigns shall

be entitled to the Benefit of this Act, or of any Order in Council

issued in pursuance thereof, in respect of the Translation of any Book

or Dramatic Piece, if the following Requisitions are not complied

with_; (_that is to say_)

1. _The original Work from which the Translation is to be made must be

registered and a Copy thereof deposited in the United Kingdom in the

manner required for Original Works by the said International Copyright

Act within Three Calendar Months of its First Publication in the

Foreign Country:_

2. _The Author must notify on the Title Page of the original Work, or

if it is published in Parts on the Title Page of the first Part, or if

there is no Title Page on some conspicuous Part of the Work, that it

is his Intention to reserve the Right of Translating it:_

3. _The Translation sanctioned by the Author, or a Part thereof, must

be published either in the country mentioned in the Order in Council,

by virtue of which it is to be protected, or in the British Dominions,

not later than One Year after the Registration and Deposit in the

United Kingdom of the original Work, and the whole of such Translation

must be published within Three Years of such Registration and Deposit:_

4. _Such Translation must be registered, and a Copy thereof deposited

in the United Kingdom within a Time to be mentioned in that Behalf in

the Order by which it is protected, and in the Manner provided by the

said International Copyright Act for the Registration and Deposit of

Original Works:_

5. _In the Case of Books published in Parts each Part of the original

Work must be registered and deposited in this Country in the Manner

required by the said International Copyright Act within Three Months

after the first Publication thereof in the Foreign Country:_

6. _In the Case of Dramatic Pieces the Translation sanctioned by

the Author must be published within Three Calendar Months of the

Registration of the Original Work:_

7. _The above Requisitions shall apply to Articles originally

published in Newspapers or Periodicals, if the same be afterwards

published in separate form, but shall not apply to such Articles as

originally published._[1751]

IX. All Copies of any Works of Literature or Art wherein there is

any subsisting Copyright by virtue of the International Copyright

Act and this Act, or of any Order in Council made in pursuance of

such Acts or either of them, and which are printed, reprinted, or

made in any Foreign Country, except that in which such Work shall

be first published, and all unauthorised Translations of any Book

or Dramatic Piece, the Publication or public Representation in the

British Dominions of Translations whereof not authorised as in this

Act mentioned shall for the Time being be prevented under any Order

in Council made in pursuance of this Act, are hereby absolutely

prohibited to be imported into any Part of the British Dominions,

except by, or with the Consent of the registered Proprietor of

the Copyright 6f such Work or of such Book or Piece, or his Agent

authorised in Writing; and the Provision of 5 & 6 Vict. c. 45, for

the Forfeiture, Seizure, and Destruction of any printed Book first

published in the United Kingdom wherein there shall be Copyright,

and reprinted in any Country out of the British Dominions, and

imported into any Part of the British Dominions by any Person not

being the Proprietor of the Copyright, or a Person authorised by

such Proprietor, shall extend and be applicable to all Copies of any

Works of Literature and Art, and to all Translations, the Importation

whereof into any Part of the British Dominions is prohibited under

this Act.

X. The Provisions hereinbefore contained shall be incorporated with

the International Copyright Act, and shall be read and construed

therewith as One Act.

XI. [_Clause dispensing with a further Order in Council in respect of

the Convention with France_, Rep. Int. Cop. Act, 1886, sec. 12].

XII., XIII. [_Clauses dealing with Duties on imported Works_, Rep.

Stat. Law Rev. Act, 1875].

XIV. And Whereas by the Four several Acts of Parliament following;

(that is to say) 8 Geo. II. c. 13; 7 Geo. III. c. 38; 17 Geo. III.

c. 57; 6 & 7 Will. IV. c. 59, Provision is made for securing to

every Person who invents or designs, engraves, etches, or works

in Mezzotinto or Chiaro oscuro, or, from his own Work, Design, or

Invention, causes or procures 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, and to every Person who engraves, etches, or works in

Mezzotinto or Chiaro oscuro, or causes to be engraved, etched,

or worked, any Print taken from any Picture, Drawing, Model, or

Sculpture, notwithstanding such Print has not been graven or drawn

from his own original Design, certain Copyrights therein defined: And

whereas doubts are entertained whether the Provisions of the said

Acts extend to Lithographs and certain other Impressions, and it is

expedient to remove such Doubts:

It is hereby declared, That the Provisions of the said Acts are

intended to include Prints taken by Lithography, or any other

Mechanical Process by which Prints or Impressions of Drawings or

Designs are capable of being multiplied indefinitely, and the said

Acts shall be construed accordingly.

THE FINE ARTS COPYRIGHT ACT, 1862.

25 & 26 VICT. C. 68.

An Act for amending the Law relating to Copyright in Works of

the Fine Arts, and for repressing the Commission of Fraud in the

Production and Sale of such Works.

[29th July 1862.]

Whereas by Law, as now established, the Authors of Paintings,

Drawings, and Photographs have no Copyright in such their Works, and

it is expedient that the Law should in that respect be amended:

[Sidenote: Copyright in Works hereafter made or sold to vest in the

Author for his Life and for Seven Years after his Death.]

I. The Author, being a British Subject or resident[1752] within

the Dominions of the Crown, of every original Painting, Drawing,

and Photograph[1753] which shall be or shall have been made either

in the British Dominions or elsewhere, and which shall not have

been sold or disposed of before the Commencement of this Act, and

his Assigns, shall have the sole and exclusive Right of copying,

engraving, reproducing, and multiplying such Painting or Drawing,

and the Design thereof,[1754] or such Photograph, and the Negative

thereof, by any Means and of any Size, for the Term of the natural

Life of such Author, and Seven Years after his Death; provided that

when any Painting or Drawing, or the Negative of any Photograph, shall

for the First Time after the passing of this Act be sold or disposed

of,[1755] or shall be made or executed for or on behalf of any other

Person for a good or a valuable Consideration,[1756] the Person so

selling or disposing of or making or executing the same shall not

retain the Copyright thereof, unless it be expressly reserved to him

by Agreement in Writing, signed, at or before the Time of such Sale or

Disposition, by the Vendee or Assignee of such Painting or Drawing,

or of such Negative of a Photograph, or by the Person for or on whose

Behalf the same shall be so made or executed, but the Copyright shall

belong to the Vendee or Assignee oi such Painting or Drawing, or of

such Negative of a Photograph, or to the Person for or on whose Behalf

the same shall have been made or executed; nor shall the Vendee or

Assignee thereof be entitled to any such Copyright, unless, at or

before the Time of such Sale or Disposition, an Agreement in Writing,

signed by the Person so selling or disposing of the same, or by his

Agent duly authorised, shall have been made to that Effect.

[Sidenote: Copyright not to prevent the Representation of the same

Subjects in other Works. Assignments, Licences, &c., to be in Writing.]

II. Nothing herein contained shall prejudice the Right of any Person

to copy or use any Work in which there shall be no Copyright, or to

represent any Scene or Object, notwithstanding that there may be

III. All Copyright under this Act shall be deemed Personal or Movable

Estate, and shall be assignable at Law, and every Assignment thereof,

and every License to use or copy by any Means or Process the Design or

Work which shall be the subject of such Copyright, shall be made by

some Note or Memorandum in Writing, to be signed by the Proprietor of

the Copyright, or by his Agent appointed for that Purpose in Writing.

[Sidenote: Register of Proprietors of Copyright in Paintings,

Drawings, and Photographs to be kept at Stationers' Hall as in 5 & 6

Vict. c. 45.]

IV.[1757] There shall be kept at the Hall of the Stationers' Company

by the Officer appointed by the said Company for the Purposes of the

Act passed in the Sixth Year of Her present Majesty, intituled An Act

to amend the Law of Copyright, a Book or Books, entitled "The Register

of Proprietors of Copyright in Paintings, Drawings, and Photographs,"

wherein shall be entered a Memorandum of every Copyright to which any

Person shall be entitled under this Act, and also of every subsequent

Assignment of any such Copyright; and such Memorandum shall contain

a Statement of the Date of such Agreement or Assignment, and of the

Names of the Parties thereto, and of the Name and Place of Abode of

the Person in whom such Copyright shall be vested by virtue thereof,

and of the Name and Place of Abode of the Author of the Work in which

there shall be such Copyright, together with a short Description of

the Nature and Subject of such Work, and in addition thereto, if the

Person registering shall so desire, a Sketch, Outline, or Photograph

of the said Work, and no Proprietor of any such Copyright shall be

entitled to the Benefit of this Act until such Registration, and no

Action shall be sustainable nor any Penalty be recoverable in respect

of anything done before Registration.

[Sidenote: Certain Enactments of 5 & 6 Vict. c. 45 to apply to the

Books to be kept under this Act.]

V. The several Enactments in the said Act of the Sixth Year of Her

present Majesty contained, with relation to keeping the Register Book

thereby required, and the Inspection thereof, the Searches therein and

the Delivery of certified and stamped Copies thereof, the Reception

of such Copies in Evidence, the making of false Entries in the said

Book, and the Production in Evidence of Papers falsely purporting to

be Copies of Entries in the said Book, the Application to the Courts

and Judges by Persons aggrieved by Entries in the said Book, and the

expunging and varying such Entries shall apply to the Book or Books

to be kept by virtue of this Act, and to the Entries and Assignments

of Copyright and Proprietorship therein under this Act, in such and

the same Manner as if such Enactments were here expressly enacted in

relation thereto, save and except that the Forms of Entry prescribed

by the said Act of the Sixth Year of Her present Majesty may be varied

to meet the Circumstances of the Case, and that the Sum to be demanded

by the Officer of the said Company of Stationers for making any Entry

required by this Act shall be One Shilling only.

[Sidenote: Penalties on Infringement of Copyright.]

VI. If the Author of any Painting, Drawing, or Photograph in which

there shall be subsisting Copyright, after having sold or disposed

of such Copyright, or if any other Person, not being the Proprietor

for the Time being of Copyright in any Painting, Drawing, or

Photograph, shall, without the Consent of such Proprietor, repeat,

copy, colourably imitate, or otherwise multiply for Sale, Hire,

Exhibition, or Distribution, or cause or procure to be repeated,

copied, colourably imitated, or otherwise multiplied for Sale, Hire,

Exhibition, or Distribution, any such Work or the Design thereof,

or, knowing that any such Repetition, Copy, or other Imitation has

been unlawfully made,[1758] shall import into any Part of the United

Kingdom, or sell, publish, let to Hire, exhibit, or distribute, or

offer for Sale, Hire, Exhibition, or Distribution, or cause or procure

to be imported, sold, published, let to Hire, distributed, or offered

for Sale, Hire, Exhibition, or Distribution, any Repetition, Copy, or

Imitation of the said Work, or of the Design thereof, made without

such Consent as aforesaid, such Person for every such Offence[1759]

shall forfeit to the Proprietor of the Copyright for the Time being

a Sum not exceeding Ten Pounds[1760]; and all such Repetitions,

Copies, and Imitations made without such Consent as aforesaid, and

all Negatives of Photographs made for the Purpose of obtaining such

Copies, shall be forfeited to the Proprietor of the Copyright.

[Sidenote: Penalties on fraudulent Productions and Sales.]

VII. No Person shall do or cause to be done any or either of the

following Acts; that is to say:

First, no Person shall fraudulently sign or otherwise affix, or

fraudulently cause to be signed or otherwise affixed, to or upon

any Painting, Drawing, or Photograph, or the Negative thereof, any

Name, Initials, or Monogram:

Secondly, no Person shall fraudulently sell, publish, exhibit, or

dispose of, or offer for Sale, Exhibition, or Distribution, any

Painting, Drawing, or Photograph, or Negative of a Photograph,

having thereon the Name, Initials, or Monogram of a Person who did

not execute or make such Work:

Thirdly, no Person shall fraudulently utter, dispose of, or put

off, or cause to be uttered or disposed of, any Copy or colourable

Imitation of any Painting, Drawing, or Photograph, or Negative of

a Photograph, whether there shall be subsisting Copyright therein

or not, as having been made or executed by the Author or Maker of

the original Work from which such Copy or Imitation shall have

been taken:

Fourthly, where the Author or Maker of any Painting, Drawing,

or Photograph, or Negative of a Photograph, made either before

or after the passing of this Act, shall have sold or otherwise

parted with the Possession of such Work, if any Alteration shall

afterwards be made therein by any other Person, by Addition or

otherwise, no Person shall be at liberty, during the Life of the

Author or Maker of such Work, without his Consent, to make or

knowingly to sell or publish, or offer for Sale, such Work or

any Copies of such Work so altered as aforesaid, or of any Part

thereof, as or for the unaltered Work of such Author or Maker:

[Sidenote: Penalties.]

Every Offender under this Section shall, upon Conviction, forfeit to

the Person aggrieved a Sum not exceeding Ten Pounds, or not exceeding

double the full Price, if any, at which all such Copies, Engravings,

Imitations, or altered Works shall have been sold or offered for Sale;

and all such Copies, Engravings, Imitations, or altered Works shall be

forfeited to the Person, or the Assigns or legal Representatives of

the Person, whose Name, Initials, or Monogram shall be so fraudulently

signed or affixed thereto, or to whom such spurious or altered Work

shall be so fraudulently or falsely ascribed as aforesaid: Provided

always, that the Penalties imposed by this Section shall not be

incurred unless the Person whose Name, Initials, or Monogram shall be

so fraudulently signed or affixed, or to whom such spurious or altered

Work shall be so fraudulently or falsely ascribed as aforesaid, shall

have been living at or within Twenty Years next before the Time when

the Offence may have been committed.

[Sidenote: Recovery of pecuniary Penalties.]

VIII. All pecuniary Penalties which shall be incurred, and all such

unlawful Copies, Imitations, and all other Effects and Things as

shall have been forfeited by Offenders, pursuant to this Act, and

pursuant to any Act for the Protection of Copyright Engravings, may be

recovered by the Person hereinbefore and in any such Act as aforesaid

empowered to recover the same respectively, and hereinafter called

the Complainant or the Complainer, as follows:

[Sidenote: In England and Ireland.]

[Sidenote: In Scotland.]

In England and Ireland, either by Action against the Party

offending, or by summary Proceeding before any Two Justices having

Jurisdiction where the Party offending resides:

In Scotland by Action before the Court of Session in ordinary

Form, or by summary Action before the Sheriff of the County where

the Offence may be committed or the Offender resides, _who,

upon Proof of the Offence or Offences, either by Confession of

the Party offending, or by the Oath or Affirmation of One or

more credible Witnesses, shall convict the Offender, and find

him liable to the Penalty or Penalties aforesaid, as also in

Expenses, and it shall be lawful for the Sheriff in pronouncing

such Judgment for the Penalty or Penalties and Costs, to insert

in such Judgment a Warrant, in the event of such Penalty or

Penalties and Costs not being paid, to levy and recover the

Amount of the same by Poinding: Provided always, that it shall be

lawful to the Sheriff, in the event of his dismissing the Action

and assoilzieing the Defender, to find the Complainer liable in

Expenses_,[1761] and any Judgment so to be pronounced by the

Sheriff in such summary Application shall be final and conclusive,

and not subject to Review by _Advocation_,[1762] Suspension,

Reduction, or otherwise.

[Sidenote: Superior Courts of Record in which any Action is pending

may make an Order for an Injunction, Inspection, or Account.]

IX. In any Action in any of Her Majesty's Superior Courts of Record at

Westminster and in Dublin, for the Infringement of any such Copyright

as aforesaid, it shall be lawful for the Court in which such Action is

pending, if the Court be then sitting, or if the Court be not sitting

then for a Judge of such Court, on the Application of the Plaintiff

or Defendant respectively, to make such Order for an Injunction,

Inspection, or Account, and to give such Direction respecting such

Action, Injunction, Inspection, and Account, and the Proceedings

therein respectively, as to such Court or Judge may seem fit.

[Sidenote: Importation of pirated Works prohibited.]

[Sidenote: Application in such Cases of Customs Acts.]

X. All Repetitions, Copies, or Imitations of Paintings, Drawings,

or Photographs, wherein or in the Design whereof there shall be

subsisting Copyright under this Act, and all Repetitions, Copies, and

Imitations of the Design of any such Painting or Drawing, or of the

Negative of any such Photograph, which, contrary to the Provisions of

this Act, shall have been made in any Foreign State, or in any Part of

the British Dominions, are hereby absolutely prohibited to be imported

into any Part of the United Kingdom, except by or with the Consent of

the Proprietor of the Copyright thereof, or his Agent authorised in

Writing; and if the Proprietor of any such Copyright, or his Agent,

shall declare that any Goods imported are Repetitions, Copies, or

Imitations of any such Painting, Drawing, or Photograph, or of the

Negative of any such Photograph, and so prohibited as aforesaid, then

such Goods may be detained by the Officers of Her Majesty's Customs.

[Sidenote: Saving of Right to bring Action for Damages.]

XI. If the Author of any Painting, Drawing, or Photograph, in which

there shall be subsisting Copyright, after having sold or otherwise

disposed of such Copyright, or if any other Person, not being the

Proprietor for the Time being of such Copyright, shall, without

the Consent of such Proprietor, repeat, copy, colourably imitate,

or otherwise multiply, or cause or procure[1763] to be repeated,

copied, colourably imitated, or otherwise multiplied, for Sale, Hire,

Exhibition, or Distribution, any such Work or the Design thereof, or

the Negative of any such Photograph, or shall import or cause to be

imported into any Part of the United Kingdom, or sell, publish, let to

Hire, exhibit, or distribute, or offer for Sale, Hire, Exhibition, or

Distribution, or cause or procure to be sold, published, let to Hire,

exhibited, or distributed, or offered for Sale, Hire, Exhibition, or

Distribution, any Repetition, Copy, or Imitation, of such Work, or the

Design thereof, or the Negative of any such Photograph, made without

such Consent as aforesaid, then every such Proprietor, in addition to

the Remedies hereby given for the Recovery of any such Penalties, and

Forfeiture of any such Things as aforesaid, may recover Damages by and

in a Special Action on the Case, to be brought against the Person so

offending, and may in such Action recover and enforce the Delivery to

him of all unlawful Repetitions, Copies, and Imitations, and Negatives

of Photographs, or may recover Damages for the Retention or Conversion

thereof: Provided that nothing herein contained, nor any Proceeding,

Conviction, or Judgment, for any Act hereby forbidden, shall affect

any Remedy which any Person aggrieved by such Act may be entitled to

either at Law or in Equity.

[Sidenote: Provisions of 7 & 8 Vict. c. 12 to be considered as

included in this Act.]

XII. This Act shall be considered as including the Provisions of

the Act passed in the Session of Parliament held in the Seventh and

Eighth Years of Her present Majesty, intituled An Act to amend the Law

relating to International Copyright, in the same Manner as if such

Provisions were Part of this Act.

THE INTERNATIONAL COPYRIGHT ACT, 1875.

38 VICT. C. 12.

An Act to amend the Law relating to International Copyright.

[13th May 1875.]

[Sidenote: 15 Vict. c. 12.]

_Whereas by an Act passed in the fifteenth year of the reign of Her

present Majesty, chapter twelve, intituled "An Act to enable Her

Majesty to carry into effect a convention with France on the subject

of copyright; to extend and explain the International Copyright Acts;

and to explain the Acts relating to copyright in engravings" it is

enacted, that "Her Majesty may, by Order in Council, direct that

authors of dramatic pieces which are, after a future time, to be

specified in such order, first publicly represented in any foreign

country, to be named in such order, their executors, administrators,

and assigns, shall, subject to the provisions thereinafter mentioned

or referred to, be empowered to prevent the representation in the

British dominions of any translation of such dramatic pieces not

authorised by them, for such time as may be specified in such order,

not extending beyond the expiration of five years from the time at

which the authorised translations of such dramatic pieces are first

published and publicly represented:"_

_And whereas by the same Act it is further enacted, "that, subject

to any provisions or qualifications contained in such order, and to

the provisions in the said Act contained or referred to, the laws and

enactments for the time being in force for ensuring to the author of

any dramatic piece first publicly represented in the British dominions

the sole liberty of representing the same shall be applied for the

purpose of preventing the representation of any translations of the

dramatic pieces to which such order extends, which are not sanctioned

by the authors thereof:"_

_And whereas by the sixth section of the said Act it is provided, that

"nothing in the said Act contained shall be so construed as to prevent

fair imitations or adaptations to the English stage of any dramatic

piece or musical composition published in any foreign country:"_

_And whereas it is expedient to alter or amend the last-mentioned

provision under certain circumstances.[1764] Be it therefore enacted

as follows, viz.:_--

[Sidenote: Section 6 of recited Act not to apply to dramatic pieces in

certain cases.]

I. In any case in which, by virtue of the enactments hereinbefore

recited, any Order in Council has been or may hereafter be made for

the purpose of extending protection to the translations of dramatic

pieces first publicly represented in any foreign country, it shall be

lawful for Her Majesty by Order in Council to direct that the sixth

section of the said Act shall not apply to the dramatic pieces to

which protection is so extended; and thereupon the said recited Act

shall take effect with respect to such dramatic pieces and to the

translations thereof as if the said sixth section of the said Act were

hereby repealed.

THE CANADA COPYRIGHT ACT, 1875.[1765]

38 & 39 VICT. C. 53.

An Act to give effect to an Act of the Parliament of the Dominion

of Canada respecting Copyright.

[2nd August 1875.]

_Whereas by an Order of Her Majesty in Council, dated the 7th day of

July 1868, it was ordered that all prohibitions contained in Acts of

the Imperial Parliament against the importing into the Province of

Canada, or against the selling, letting out to hire, exposing for

sale or hire, or possessing therein foreign reprints of books first

composed, written, printed, or published in the United Kingdom, and

entitled to copyright therein, should be suspended so far as regarded

Canada:

_And whereas the Senate and House of Commons of Canada did, in the

second session of the third Parliament of the Dominion of Canada,

held in the thirty-eighth year of Her Majesty's reign, pass a Bill

intituled "An Act respecting Copyrights," which Bill has been reserved

by the Governor-General for the signification of Her Majesty's

pleasure thereon:_

_And whereas by the said reserved Bill provision is made, subject to

such conditions as in the said Bill are mentioned, for securing in

Canada the rights of authors in respect of matters of copyright, and

for prohibiting the importation into Canada of any work for which

doubts have arisen whether the said reserved Bill may not be repugnant

to the said Order in Council, and it is expedient to remove such

doubts and to confirm the said Bill:_[1766]

Be it enacted as follows:

[Sidenote: Short title of Act.]

I. This Act may be cited for all purposes as The Canada Copyright Act,

1875.

[Sidenote: Definition of terms.]

II. In the construction of this Act the words "book" and "copyright"

shall have respectively the same meaning as in the Act of the fifth

and sixth years of Her Majesty's reign, chapter forty-five, intituled

"An Act to amend the Law of Copyright."

[Sidenote: Her Majesty may assent to the Bill in schedule.]

III. It shall be lawful for Her Majesty in Council to assent to the

said reserved Bill, as contained in the schedule to this Act annexed,

and if Her Majesty shall be pleased to signify Her assent thereto,

the said Bill shall come into operation at such time and in such

manner as Her Majesty may by Order in Council direct; anything in the

Act of the twenty-eighth and twenty-ninth years of the reign of Her

Majesty, chapter ninety-three, or in any other Act to the contrary

notwithstanding.

[Sidenote: Colonial reprints not to be imported into United Kingdom.]

IV. Where any book in which, at the time when the said reserved Bill

comes into operation, there is copyright in the United Kingdom, or

any book in which thereafter there shall be such copyright, becomes

entitled to copyright in Canada in pursuance of the provisions of the

said reserved Bill, it shall be unlawful for any person, not being the

owner, in the United Kingdom, of the copyright in such book, or some

person authorised by him, to import into the United Kingdom any copies

of such book reprinted or republished in Canada; and for the purposes

of such importation the seventeenth section of the said Act of the

fifth and sixth years of the reign of Her Majesty, chapter forty-five,

shall apply to all such books in the same manner as if they had been

reprinted out of the British dominions.

[Sidenote: Order in Council of 7th July 1868 to continue in force

subject to this Act.]

V. The said Order in Council, dated the seventh day of July one

thousand eight hundred and sixty-eight, shall continue in force so far

as relates to books which are not entitled to copyright for the time

being, in pursuance of the said reserved Bill.

THE CUSTOMS LAWS CONSOLIDATION ACT, 1876.

39 & 40 VICT. C. 36.

XLII. The goods enumerated and described in the following table of

prohibitions and restrictions inwards are hereby prohibited to be

imported or brought into the United Kingdom, save as thereby excepted,

and if any goods so enumerated and described shall be imported or

brought into the United Kingdom contrary to the prohibitions or

restrictions contained therein, such goods shall be forfeited, and may

be destroyed or otherwise disposed of as the Commissioners of Customs

may direct.

A TABLE OF PROHIBITIONS AND RESTRICTIONS INWARDS.

_Goods prohibited to be imported._--Books wherein the Copyright shall

be first subsisting, first composed or written or printed in the

United Kingdom, and printed or reprinted in any other Country as to

which the proprietor of such Copyright or his agent shall have given

to the Commissioners of Customs a notice in writing, duly declared,

that such Copyright subsists, such notice also stating when such

XLIV. The Commissioners of Customs shall cause to be made and to be

publicly exposed at the Custom Houses in the several ports in the

United Kingdom lists of all books wherein the Copyright shall be

subsisting, and as to which the proprietor of such Copyright, or his

agent, shall have given notice in writing to the said Commissioners

that such Copyright exists, stating in such notice when such Copyright

expires, accompanied by a declaration made and subscribed before a

collector of Customs or a justice of the peace that the contents of

such notice are true.

XLV. If any person shall have cause to complain of the insertion of

any book in such lists, it shall be lawful for any judge at chambers,

on the application of the person so complaining, to issue a summons

calling upon the person upon whose notice such book shall have been

so inserted to appear before any such judge at a time to be appointed

in such summons, to show cause why such book shall not be expunged

from such lists, and any such judge shall at the time so appointed

proceed to hear and determine upon the matter of such summons and

make his order thereon in writing; and upon service of such order or

a certified copy thereof, upon the Commissioners of Customs or their

secretary for the time being, the said Commissioners shall expunge

such book from the list, or retain the same therein according to the

tenor of such order; and in case such book shall be expunged from such

list, the importation thereof shall not be deemed to be prohibited.

If at the time appointed in any such summons the person so summoned

shall not appear before such judge, then upon proof by affidavit that

such summons or a true copy thereof has been personally served upon

the person so summoned, or sent to him by post to or left at his

last known place of abode or business, any such judge may proceed

_ex parte_ to hear and determine the matter; but if either party be

dissatisfied with such order he may apply to a superior Court to

review such decision and to make such further order thereon as the

Court may see fit: Provided always that nothing herein contained shall

affect any proceeding at law or in equity which any party aggrieved

by reason of the insertion of any book pursuant to any such notice,

or the removal of any book from such list pursuant to any such order

or by reason of any false declaration under this Act, might or would

otherwise have against any party giving such notice or obtaining such

order or making such false declaration.

CLII. Any books wherein the copyright shall be subsisting, first

composed or written or printed in the United Kingdom, and printed or

reprinted in any other country, shall be and are hereby absolutely

prohibited to be imported into the British possessions abroad:

Provided always that no such books shall be prohibited to be imported

as aforesaid, unless the proprietor of such copyright, or his agent,

shall have given notice in writing to the Commissioners of Customs

that such copyright subsists, and in such notice shall have stated

when the copyright will expire: and the said Commissioners shall

cause to be made and transmitted to the several ports in the British

possessions abroad, from time to time to be publicly exposed there,

lists of books respecting which such notice shall have been duly

given, and all books imported contrary thereto shall be forfeited: but

nothing herein contained shall be taken to prevent Her Majesty from

exercising the powers vested in her by 10 & 11 Vict. c. 95 to suspend

in certain cases such prohibition.

THE COPYRIGHT (MUSICAL COMPOSITIONS) ACT, 1882.

45 & 46 VICT. C. 40.

An Act to amend the law of Copyright relating to Musical

Compositions.

[10th August 1882.]

_Whereas it is expedient to amend the law relating to copyright

in musical compositions, and to protect the public from vexatious

proceedings for the recovery of penalties for the unauthorised

performance of the same._[1768]

Be it therefore enacted as follows:

[Sidenote: Printed notice restraining public performance.]

I.[1769] The proprietor of the copyright in any musical composition

first published after the passing of this Act, or his assignee, who

shall be entitled to and be desirous of retaining in his own hands

exclusively the right of public representation or performance of the

same, shall print or cause to be printed upon the title-page of every

published copy of such musical composition a notice to the effect that

the right of public representation or performance is reserved.

[Sidenote: Provision when right of performance and copyright are

vested in different owners.]

II. In case the right of public representation or performance of, and

the copyright in, any musical composition shall be or become vested

before publication of any copy thereof in different owners, then, if

the owner of the right of public representation or performance shall

desire to retain the same, he shall, before any such publication

of any copy of such musical composition, give to the owner of the

every copy of such musical composition a notice to the effect that

the right of public representation or performance is reserved; but

in case the right of public representation or performance of, and

the copyright in, any musical composition shall, after publication

of any copy thereof subsequently to the passing of this Act, first

become vested in different owners, and such notice as aforesaid shall

have been duly printed on all copies published after the passing

of this Act previously to such vesting, then, if the owner of the

right of performance and representation shall desire to retain the

same, he shall, before the publication of any further copies of such

musical composition, give notice in writing to the person in whom the

aforesaid on every copy of such musical composition to be thereafter

published.

[Sidenote: Penalty on owner of copyright for non-compliance with

notice from owner of right of performance.]

III. If the owner for the time being of the copyright in any musical

composition shall, after due notice being given to him or his

predecessor in title at the time, and generally in accordance with

the last preceding section, neglect or fail to print legibly and

conspicuously upon every copy of such composition published by him or

by his authority, or by any person lawfully entitled to publish the

same, and claiming through or under him, a note or memorandum stating

that the right of public representation or performance is reserved,

then and in such case the owner of the copyright at the time of the

happening of such neglect or default, shall forfeit and pay to the

owner of the right of public representation or performance of such

composition the sum of twenty pounds, to be recovered in any court of

competent jurisdiction.

[Sidenote: Costs.]

[Sidenote: 3 & 4 Will. 4 c. 15.]

IV. _Notwithstanding the provisions of the Act passed in the third

and fourth years of His Majesty King William the Fourth, to amend

the laws relating to dramatic literary property, or any other Act in

which those provisions are incorporated, the costs of any action or

proceedings for penalties or damages in respect of the unauthorised

representation or performance of any musical composition published

before the passing of this Act shall, in cases in which the plaintiff

shall not recover more than forty shillings as penalty or damages,

be in the discretion of the court or judge before whom such action or

proceedings shall be tried._[1770]

[Sidenote: Short title.]

V. This Act may be cited as the Copyright (Musical Compositions) Act,

1882.

THE INTERNATIONAL COPYRIGHT ACT, 1886.

49 & 50 VICT. C. 33.

An Act to amend the Law respecting International and Colonial

[25th June 1886.]

_Whereas by the International Copyright Acts Her Majesty is authorised

by Order in Council to direct that as regards literary and artistic

works first published in a foreign country the author shall have

exceeding the period during which authors of the like works first

published in the United Kingdom have copyright_:

_And whereas at an international conference held at Berne in the

month of September one thousand eight hundred and eighty-five a draft

of a convention was agreed to for giving to authors of literary and

artistic works first published in one of the countries parties to the

convention copyright in such works throughout the other countries

parties to the convention_:

_And whereas, without the authority of Parliament, such convention

cannot be carried into effect in Her Majesty's dominions and

consequently Her Majesty cannot become a party thereto, and it is

expedient to enable Her Majesty to accede to the convention_:[1771]

Be it therefore enacted as follows:

[Sidenote: Short titles and construction.]

I.--(1.) This Act may be cited as the International Copyright Act,

1886.

(2.) The Acts specified in the first part of the First Schedule to

this Act, together with the enactment specified in the second part of

the said schedule, are in this Act collectively referred to as the

International Copyright Acts.

The Acts specified in the Second Schedule to this Act may be cited by

the short titles in that schedule mentioned, and those Acts are in

this Act referred to, and may be cited collectively as the Copyright

Acts.

(3.) This Act and the International Copyright Acts shall be construed

together, and may be cited together as the International Copyright

Acts, 1844 to 1886.

[Sidenote: Amendment as to extent and effect of order under

International Copyright Acts.]

II. The following provisions shall apply to an Order in Council under

the International Copyright Acts:

(1.) The order may extend to all the several foreign countries

named or described therein:

(2.) The order may exclude or limit the rights conferred by the

International Copyright Acts in the case of authors who are not

subjects or citizens of the foreign countries named or described

in that or any other order, and if the order contains such

limitation and the author of a literary or artistic work first

produced in one of those foreign countries is not a British

subject, nor a subject or citizen of any of the foreign countries

so named or described, the publisher of such work, unless the

order otherwise provides, shall for the purpose of any legal

proceedings in the United Kingdom for protecting any copyright in

such work be deemed to be entitled to such copyright as if he were

the author, but this enactment shall not prejudice the rights of

such author and publisher as between themselves:

(3.) The International Copyright Acts and an order made thereunder

shall not confer on any person any greater right or longer term of

which such work was first produced.

[Sidenote: Simultaneous publication.]

III.--(1.) An Order in Council under the International Copyright

Acts may provide for determining the country in which a literary or

artistic work first produced simultaneously in two or more countries,

is to be deemed, for the purpose of copyright, to have been first

produced, and for the purposes of this section "country" means the

United Kingdom and a country to which an order under the said Acts

applies.

(2.) Where a work produced simultaneously in the United Kingdom,

and in some foreign country or countries is by virtue of an Order

in Council under the International Copyright Acts deemed for the

purpose of copyright to be first produced in one of the said foreign

countries, and not in the United Kingdom, the copyright in the United

Kingdom shall be such only as exists by virtue of production in

the said foreign country, and shall not be such as would have been

acquired if the work had been first produced in the United Kingdom.

[Sidenote: Modification of certain provisions of International

IV.--(1.) Where an order respecting any foreign country is made under

the International Copyright Acts the provisions of those Acts with

respect to the registry and delivery of copies of works shall not

apply to works produced in such country except so far as provided by

the order.

(2.) Before making an Order in Council under the International

Council shall be satisfied that that foreign country has made such

provisions (if any) as it appears to Her Majesty expedient to require

for the protection of authors of works first produced in the United

Kingdom.

[Sidenote: Restriction on translation.]

V.--(1.) Where a work being a book or dramatic piece is first

produced in a foreign country to which an Order in Council under the

International Copyright Acts applies, the author or publisher, as the

case may be, shall, unless otherwise directed by the order, have the

same right of preventing the production in and importation into the

United Kingdom of any translation not authorised by him of the said

work as he has of preventing the production and importation of the

original work.

(2.) Provided that if after the expiration of ten years, or any other

term prescribed by the order, next after the end of the year in which

the work, or in the case of a book published in numbers each number of

the book, was first produced, an authorised translation in the English

language of such work or number has not been produced, the said right

to prevent the production in and importation into the United Kingdom

of an unauthorised translation of such work shall cease.

(3.) The law relating to copyright, including this Act, shall apply to

a lawfully produced translation of a work in like manner as if it were

an original work.

(4.) Such of the provisions of the International Copyright Act, 1852,

relating to translations as are unrepealed by this Act, shall apply in

like manner as if they were re-enacted in this section.

[Sidenote: Application of Act to existing works.]

VI.[1772] Where an Order in Council is made under the International

publisher of any literary or artistic work first produced before the

date at which such order comes into operation shall be entitled to the

same rights and remedies as if the said Acts and this Act and the said

order had applied to the said foreign country at the date of the said

production: Provided that where any person has before the date of the

publication of an Order in Council lawfully produced any work in the

United Kingdom, nothing in this section shall diminish or prejudice

any rights or interests arising from or in connection with such

production which are subsisting and valuable at the said date.

[Sidenote: Evidence of foreign copyright.]

VII. Where it is necessary to prove the existence or proprietorship of

the copyright of any work first produced in a foreign country to which

an Order in Council under the International Copyright Acts applies, an

extract from a register, or a certificate, or other document stating

the existence of the copyright, or the person who is the proprietor

of such copyright, or is for the purpose of any legal proceedings

in the United Kingdom deemed to be entitled to such copyright, if

authenticated by the official seal of a Minister of State of the

said foreign country, or by the official seal or the signature of a

British diplomatic or consular officer acting in such country, shall

be admissible as evidence of the facts named therein, and all courts

shall take judicial notice of every such official seal and signature

as is in this section mentioned, and shall admit in evidence, without

proof, the documents authenticated by it.

[Sidenote: Application of Copyright Acts to colonies.]

VIII.--(1.) The Copyright Acts shall, subject to the provisions of

this Act, apply to a literary or artistic work first produced in

a British possession in like manner as they apply to a work first

produced in the United Kingdom:[1773]

Provided that--

(_a_) the enactments respecting the registry of the copyright in such

work shall not apply if the law of such possession provides

for the registration of such copyright; and

(_b_) where such work is a book the delivery to any persons or body

of persons of a copy of any such work shall not be required.

(2.) Where a register of copyright in books is kept under the

authority of the government of a British possession, an extract from

that register purporting to be certified as a true copy by the officer

keeping it, and authenticated by the public seal of the British

possession, or by the official seal or the signature of the governor

of a British possession, or of a colonial secretary, or of some

secretary or minister administering a department of the government of

a British possession, shall be admissible in evidence of the contents

of that register, and all courts shall take judicial notice of every

such seal and signature, and shall admit in evidence, without further

proof, all documents authenticated by it.

(3.) Where before the passing of this Act an Act or ordinance has been

passed in any British possession respecting copyright in any literary

or artistic works, Her Majesty in Council may make an Order modifying

the Copyright Acts and this Act, so far as they apply to such British

possession, and to literary and artistic works first produced therein,

in such manner as to Her Majesty in Council seems expedient.

(4.) Nothing in the Copyright Acts or this Act shall prevent the

passing in a British possession of any Act or ordinance respecting the

in that possession.[1774]

[Sidenote: Application of International Copyright Acts to colonies.]

IX. Where it appears to Her Majesty expedient that an Order in

Council under the International Copyright Acts made after the passing

of this Act as respects any foreign country, should not apply to

any British possession, it shall be lawful for Her Majesty by the

same or any other Order in Council to declare that such Order and

the International Copyright Acts and this Act shall not, and the

same shall not, apply to such British possession, except so far as

is necessary for preventing any prejudice to any rights acquired

previously to the date of such Order; and the expressions in the

said Acts relating to Her Majesty's dominions shall be construed

accordingly; but save as provided by such declaration the said Acts

and this Act shall apply to every British possession as if it were

part of the United Kingdom.

[Sidenote: Making of Orders in Council.]

X.--(1.) It shall be lawful for Her Majesty from time to time to make

Orders in Council for the purposes of the International Copyright Acts

and this Act, for revoking or altering any Order in Council previously

made in pursuance of the said Acts, or any of them.

(2.) Any such Order in Council shall not affect prejudicially any

rights acquired or accrued at the date of such Order coming into

operation, and shall provide for the protection of such rights.

[Sidenote: Definitions.]

XI. In this Act, unless the context otherwise requires--

The expression "literary and artistic work" means every book, print,

lithograph, article of sculpture, dramatic piece, musical composition,

painting, drawing, photograph, and other work of literature and art to

which the Copyright Acts or the International Copyright Acts, as the

case requires, extend.

The expression "author" means the author, inventor, designer,

engraver, or maker of any literary or artistic work, and includes any

person claiming through the author; and in the case of a posthumous

work means the proprietor of the manuscript of such work and any

person claiming through him; and in the case of an encyclopædia,

review, magazine, periodical work, or work published in a series of

books or parts, includes the proprietor, projector, publisher, or

conductor.

The expressions "performed" and "performance" and similar words

include representation and similar words.

The expression "produced" means, as the case requires, published or

made, or, performed or represented, and the expression "production" is

to be construed accordingly.

The expression "book published in numbers" includes any review,

magazine, periodical work, work published in a series of books or

parts, transactions of a society or body, and other books of which

different volumes or parts are published at different times.

The expression "treaty" includes any convention or arrangement.

The expression "British possession" includes any part of Her Majesty's

dominions exclusive of the United Kingdom; and where parts of such

dominions are under both a central and a local legislature, all parts

under one central legislature are for the purposes of this definition

deemed to be one British possession.

[Sidenote: Repeal of Acts.]

XII. _The Acts specified in the Third Schedule to this Act are hereby

repealed as from the passing of this Act to the extent in the third

column of that schedule mentioned_:

_Provided as follows_:[1775]

(_a._) Where an Order in Council has been made before the passing

of this Act under the said Acts as respects any foreign

country the enactments hereby repealed shall continue in

full force as respects that country until the said Order is

revoked.

(_b._) _The said repeal and revocation shall not prejudice any rights

acquired previously to such repeal or revocation, and such

rights shall continue and may be enforced in like manner as if

the said repeal or revocation had not been enacted or made._

SCHEDULES.

FIRST SCHEDULE.--INTERNATIONAL COPYRIGHT ACTS.

PART I.

--------------------+--------------------------------+----------------

Session and Chapter.| Title. | Short Title.

--------------------+--------------------------------+----------------

| |

7 & 8 Vict. c. 12. |An Act to amend the law relating|The International

| to International Copyright. | Copyright Act,

| | 1844.

| |

15 & 16 Vict. c. 12.|An Act to enable Her Majesty to |The International

| carry into effect a convention | Copyright Act,

| with France on the subject of | 1852.

| copyright, to extend and |

| explain the International |

| Copyright Acts, and to explain |

| the Acts relating to copyright |

| in engravings. |

| |

38 & 39 Vict. c. 12.|An Act to amend the law relating|The International

| to International Copyright. | Copyright Act,

| | 1875.

--------------------+--------------------------------+----------------

PART II.

--------------------+--------------------------------+----------------

Session and Chapter.| Title. | Enactment

| | referred to.

--------------------+--------------------------------+----------------

| |

25 & 26 Vict. c. 68.|An Act for amending the law |Section twelve.

| relating to copyright in works|

| of the fine arts, and for |

| repressing the commission of |

| fraud in the production and |

| sale of such works. |

--------------------+--------------------------------+----------------

SECOND SCHEDULE.--COPYRIGHT ACTS.

--------------------+--------------------------------+----------------

Session and Chapter.| Title. | Short Title.

--------------------+--------------------------------+----------------

| |

8 Geo. 2, c. 13. |An Act for the encouragement of |The Engraving

| the arts of designing, | Copyright Act,

| engraving, and etching, | 1734.

| historical, and other prints by|

| vesting the properties thereof |

| in the inventors and engravers |

| during the time therein |

| mentioned. |

| |

7 Geo. 3, c. 38. |An Act to amend and render more |The Engraving

| effectual an Act made in the | Copyright Act,

| eighth year of the reign of | 1766.

| King George the Second, for |

| encouragement of the arts of |

| designing, engraving, and |

| etching, historical and other |

| prints, and for vesting in and |

| securing to Jane Hogarth, |

| widow, the property in certain |

| prints. |

| |

15 Geo. 3, c. 53. |An Act for enabling the two |The Copyright

| Universities in England, the | Act, 1775.

| 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; and for |

| amending so much of an Act of |

| the eighth year of the reign of|

| Queen Anne, as relates to the |

| delivery of books to the |

| warehouse keeper of the |

| Stationers' Company for the use|

| of the several libraries |

| therein mentioned. |

--------------------+--------------------------------+----------------

SECOND SCHEDULE.--COPYRIGHT ACTS.--(_Continued_).

--------------------+--------------------------------+----------------

Session and Chapter.| Title. | Short Title.

--------------------+--------------------------------+----------------

| |

17 Geo. 3, c. 57. |An Act for more effectually |The Prints

| securing the property of | Copyright Act,

| prints to inventors and | 1777.

| engravers by enabling them to |

| sue for and recover penalties |

| in certain cases. |

| |

54 Geo. 3, c. 56. |An Act to amend and render more |The Sculpture

| effectual an Act of His present| Copyright Act,

| Majesty for encouraging the art| 1814.

| of making new models and casts |

| of busts and other things |

| therein mentioned, and for |

| giving further encouragement to|

| such arts. |

| |

3 Will. 4, c. 15. |An Act to amend the laws |The Dramatic

| relating to Dramatic Literary | Copyright Act,

| Property. | 1833.

| |

5 & 6 Will. 4, |An Act for preventing the |The Lectures

c. 65. | publication of Lectures without| Copyright Act,

| consent. | 1835.

| |

6 & 7 Will. 4, |An Act to extend the protection |The Prints and

c. 69. | of copyright in prints and | Engravings

| engravings to Ireland. | Copyright Act,

| | 1836.

| |

6 & 7 Will. 4, |An Act to repeal so much of an |The Copyright

c. 110. | Act of the fifty-fourth year of| Act, 1836.

| King George the Third, |

| respecting copyrights, 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. |

| |

5 & 6 Vict. c. 45. |An Act to amend the law of |The Copyright

| copyright. | Act, 1842.

| |

10 & 11 Vict. c. 95.|An Act to amend the law relating|The Colonial

| to the protection in the | Copyright Act,

| Colonies of works entitled to | 1847.

| copyright in the United |

| Kingdom. |

| |

25 & 26 Vict. c. 68.|An Act for amending the law |The Fine Arts

| relating to copyright in works| Copyright Act,

| of the fine arts, and for | 1862.

| repressing the commission of |

| fraud in the production and |

| sale of such works. |

--------------------+--------------------------------+----------------

THIRD SCHEDULE.--ACTS REPEALED.

--------------------+--------------------------------+----------------

Session and Chapter.| Title. |Extent of Repeal.

--------------------+--------------------------------+----------------

| |

7 & 8 Vict. c. 12. |An Act to amend the law relating|Sections

| to international copyright. | fourteen,

| | seventeen, and

| | eighteen.

| |

15 & 16 Vict. c. 12.|An Act to enable Her Majesty to |Sections one to

| carry into effect a convention | five both

| with France on the subject of | inclusive, and

| copyright, to extend and | sections eight

| explain the International | and eleven.

| Copyright Acts, and to explain |

| the Acts relating to copyright |

| engravings. |

| |

25 & 26 Vict. c. 68.|An Act for amending the law |So much of

| relating to copyright in works | section twelve

| of the fine arts, and for | as incorporates

| repressing the commission of | any enactment

| fraud in the production and | repealed by

| sale of such works. | this Act.

--------------------+--------------------------------+----------------

THE COPYRIGHT (MUSICAL COMPOSITIONS) ACT, 1888.

51 & 52 VICT. C. 17.

An Act to amend the Law relating to the Recovery of Penalties for

the unauthorised Performance of Copyright Musical Compositions.

[5th July 1888.]

Whereas it is expedient to further amend the law relating to

from vexatious proceedings for the recovery of penalties for the

unauthorised performance of the same:

Be it therefore enacted by the Queen'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, as follows:

[Sidenote: Provision as to damages.]

I. Notwithstanding the provisions of the Act of the session held

in the third and fourth years of His Majesty King William the

Fourth, chapter fifteen, to amend the laws relating to dramatic

literary property, or any other Act in which those provisions are

incorporated, the penalty or damages to be awarded upon any action or

proceedings in respect of each and every unauthorised representation

or performance of any musical composition, whether published before or

after the passing of this Act, shall be such a sum or sums as shall,

in the discretion of the Court or judge before whom such action or

proceedings shall be tried, be reasonable, and the Court or judge

before whom such action or proceedings shall be tried may award a

less sum than forty shillings in respect of each and every such

unauthorised representation or performance as aforesaid, or a nominal

penalty or nominal damages as the justice of the case may require.

[Sidenote: Costs to be in discretion of judge. 45 & 46 Vict. c. 40.]

II. The costs of all such actions or proceedings as aforesaid shall be

in the absolute discretion of the judge before whom such actions and

proceedings shall be tried, and section four of the Copyright (Musical

Compositions) Act, 1882, is hereby repealed.

[Sidenote: Proprietor not wilfully permitting such performance to be

exempt.]

III. The proprietor, tenant, or occupier of any place of dramatic

entertainment, or other place at which any unauthorised representation

or performance of any musical composition, whether published before or

after the passing of this Act, shall take place, shall not by reason

of such representation or performance be liable to any penalty or

damages in respect thereof, unless he shall wilfully cause or permit

such unauthorised representation or performance, knowing it to be

unauthorised.[1776]

[Sidenote: Saving for operas and plays].

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 17 / 20 章

VI.[1702] A printed Copy of the whole of every Book which shall be