IV. The provisions of this Act shall not_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.

proceedings in respect of a representation or performance of any opera

or stage play in any theatre or other place of public entertainment

duly licensed in that respect.

[Sidenote: Short title.]

V. This Act may be cited as the Copyright (Musical Compositions) Act,

1888.

THE REVENUE ACT, 1889.

52 & 53 VICT. C. 42.

I. The following goods shall from and after the passing of this Act be

included amongst the goods enumerated and described on the table of

prohibitions and restrictions contained in Section 42 of the Customs

Consolidation Act, 1876, namely:

Books, first published in any country or state other than the United

Kingdom, wherein under the International Copyright Act, 1886, or any

other Act or any Order in Council made under the authority of any

Act, there is a subsisting Copyright in the United Kingdom, printed

or reprinted in any country or state other than the country or state

in which they were first published,[1777] and as to which the owner

of the copyright or his agent in the United Kingdom has given to the

Commissioners of Customs in the manner prescribed by Section 44 of

the Customs Consolidation Act, 1876, a notice in such form and giving

such particulars as those Commissioners require, and accompanied by a

declaration as provided in that Section.

INTERNATIONAL CONVENTIONS

THE BERNE CONVENTION, 1886.

ARTICLE I.

The Contracting States are constituted into an Union for the

protection of the rights of authors over their literary and artistic

works.

ARTICLE II.

_Authors of any of the countries of the Union, or their lawful

representatives, shall enjoy in the other countries for their works,

whether published in one of those countries or unpublished, the

rights which the respective laws do now or may hereafter grant to

natives._[1778]

The enjoyment of these rights is subject to the accomplishment of the

conditions and formalities described by law in the country of origin

of the work, and cannot exceed in the other countries the term of

protection granted in the said country of origin.

The country of origin of the work is that in which the work is first

published, or if such publication takes place simultaneously in

several countries of the Union, that one of them in which the shortest

term of protection is granted by law.

For unpublished works the country to which the author belongs is

considered the country of origin of the work.

ARTICLE III.

_The stipulations of the present Convention apply equally to the

publishers of literary and artistic works published in one of the

countries of the Union, but of which the authors belong to a country

which is not a party to the Union._

ARTICLE IV.

The expression "literary and artistic works" comprehends books,

pamphlets, and all other writings; dramatic or dramatico-musical

works, musical compositions with or without words; works of design,

painting, sculpture, and engraving; lithographs, illustrations,

geographical charts; plans, sketches, and plastic works relative

to geography, topography, architecture, or science in general; in

fact, every production whatsoever in the literary, scientific, or

artistic domain which can be published by any mode of impression or

reproduction.

ARTICLE V.

_Authors of any of the countries of the Union, or their lawful

representatives, shall enjoy in the other countries the exclusive

right of making or authorising the translation of their works until

the expiration of ten years from the publication of the original work

in one of the countries of the Union._

For works published in incomplete parts ("livraisons") the period of

ten years commences from the date of publication of the last part of

the original work.

For works composed of several volumes published at intervals, as well

as for bulletins or collections ("cahiers") published by literary or

scientific Societies, or by private persons, each volume, bulletin, or

collection is, with regard to the period of ten years, considered as a

separate work.

In the cases provided for by the present Article, and for the

calculation of the period of protection, the 31st December of the

year in which the work was published is admitted as the date of

publication.

ARTICLE VI.

Authorised translations are protected as original works. They

consequently enjoy the protection stipulated in Articles II. and III.

as regards their unauthorised reproduction in the countries of the

Union.

It is understood that, in the case of a work for which the translating

right has fallen into the public domain, the translator cannot oppose

the translation of the same work by other writers.

ARTICLE VII.

_Articles from newspapers or periodicals published in any of the

countries of the Union may be reproduced in original or in translation

in the other countries of the Union, unless the authors or publishers

have expressly forbidden it. For periodicals it is sufficient if the

prohibition is made in a general manner at the beginning of each

number of the periodical._

_This prohibition cannot in any case apply to articles of political

discussion, or to the reproduction of news of the day or current

topics._

ARTICLE VIII.

As regards the liberty of extracting portions from literary or

artistic works for use in publications destined for educational or

scientific purposes, or for chrestomathies, the matter is to be

decided by the legislation of the different countries of the Union, or

by special arrangements existing or to be concluded between them.

ARTICLE IX.[1779]

The stipulations of Article II. apply to the public representation of

dramatic or dramatico-musical works, whether such works be published

or not.

Authors of dramatic or dramatico-musical works, or their lawful

representatives, are, during the existence of their exclusive right

of translation, equally protected against the unauthorised public

representation of translations of their works.

The stipulations of Article II. apply equally to the public

performance of unpublished musical works, or of published works

in which the author has expressly declared on the title-page or

commencement of the work that he forbids the public performance.

ARTICLE X.

Unauthorised indirect appropriations of a literary or artistic work,

of various kinds, such as adaptations, arrangements of music, &c.,

are specially included amongst the illicit reproductions to which

the present Convention applies, when they are only the reproduction

of a particular work, in the same form, or in another form, with

non-essential alterations, additions, or abridgments, so made as not

to confer the character of a new original work.

It is agreed that, in the application of the present Article, the

Tribunals of the various countries of the Union will, if there is

occasion, conform themselves to the provisions of their respective

laws.

ARTICLE XI.

In order that the authors of works protected by the present Convention

shall, in the absence of proof to the contrary, be considered as such,

and be consequently admitted to institute proceedings against pirates

before the Courts of the various countries of the Union, it will be

sufficient that their name be indicated on the work in the accustomed

manner.

For anonymous or pseudonymous works, the publisher whose name is

indicated on the work is entitled to protect the rights belonging

to the author. He is, without other proof, reputed the lawful

representative of the anonymous or pseudonymous author.

It is, nevertheless, agreed that the Tribunals may, if necessary,

require the production of a certificate from the competent authority

to the effect that the formalities prescribed by law in the country of

origin have been accomplished, as contemplated in Article II.

ARTICLE XII.

_Pirated works may be seized on importation into those countries of

the Union where the original work enjoys legal protection._

_The seizure shall take place conformably to the domestic law of each

State._

ARTICLE XIII.

It is understood that the provisions of the present Convention cannot

in any way derogate from the right belonging to the Government of

each country of the Union to permit, to control, or to prohibit,

by measures of domestic legislation or police, the circulation,

representation, or exhibition of any works or productions in regard to

which the competent authority may find it necessary to exercise that

right.

ARTICLE XIV.

Under the reserves and conditions to be determined by common

agreement,[1780] the present Convention applies to all works which

at the moment of its coming into force have not yet fallen into the

public domain in the country of origin.

ARTICLE XV.

It is understood that the Governments of the countries of the Union

reserve to themselves respectively the right to enter into separate

and particular arrangements between each other, provided always that

such arrangements confer upon authors or their lawful representatives

more extended rights than those granted by the Union, or embody other

stipulations not contrary to the present Convention.

ARTICLE XVI.[1781]

An international office is established, under the name of "Office of

the International Union for the Protection of Literary and Artistic

Works."

This Office, of which the expenses will be borne by the

Administrations of all the countries of the Union, is placed under

the high authority of the Superior Administration of the Swiss

Confederation, and works under its direction. The functions of this

Office are determined by common accord between the countries of the

Union.

ARTICLE XVII.

The present Convention may be submitted to revisions in order to

introduce therein amendments calculated to perfect the system of the

Union.

Questions of this kind, as well as those which are of interest to the

Union in other respects, will be considered in Conferences to be held

successively in the countries of the Union by Delegates of the said

countries.

It is understood that no alteration in the present Convention shall be

binding on the Union except by the unanimous consent of the countries

composing it.

ARTICLE XVIII.

Countries which have not become parties to the present Convention, and

which grant by their domestic law the protection of rights secured by

this Convention, shall be admitted to accede thereto on request to

that effect.

Such accession shall be notified in writing to the Government of

the Swiss Confederation, who will communicate it to all the other

countries of the Union.

Such accession shall imply full adhesion to all the clauses and

admission to all the advantages provided by the present Convention.

ARTICLE XIX.

Countries acceding to the present Convention shall also have the

right to accede thereto at any time for their Colonies or foreign

possessions.

They may do this either by a general declaration comprehending all

their Colonies or possessions within the accession, or by specially

naming those comprised therein, or by simply indicating those which

are excluded.

ARTICLE XX.

The present Convention shall be put in force three months after the

exchange of the ratifications, and shall remain in effect for an

indefinite period until the termination of a year from the day on

which it may have been denounced.

_Such denunciation shall be made to the Government authorised to

receive accessions, and shall only be effective as regards the country

making it, the Convention remaining in full force and effect for the

other countries of the Union._

ARTICLE XXI.

The present Convention shall be ratified, and the ratifications

exchanged at Berne, within the space of one year at the latest.

In witness whereof, the respective Plenipotentiaries have signed the

same, and have affixed thereto the seal of their arms.

Done at Berne, the 9th day of September 1886.

_Additional Article._

The Plenipotentiaries assembled to sign the Convention concerning the

creation of an International Union for the protection of literary and

artistic works have agreed upon the following Additional Article,

which shall be ratified together with the Convention to which it

relates:

The Convention concluded this day in nowise affects the maintenance

of existing Conventions between the Contracting States, provided

always that such Conventions confer on authors, or their lawful

representatives, rights more extended than those secured by the Union,

or contain other stipulations which are not contrary to the said

Convention.

In witness whereof, the respective Plenipotentiaries have signed the

present Additional Article.

Done at Berne, the 9th day of September 1886.

_Final Protocol._

In proceeding to the signature of the Convention concluded this day,

the undersigned Plenipotentiaries have declared and stipulated as

follows:

1. _As regards Article IV. it is agreed that those countries of

the Union where the character of artistic works is not refused to

photographs, engage to admit them to the benefits of the Convention

concluded to-day, from the date of its coming into effect. They are,

however, not bound to protect the authors of such works further

than is permitted by their own legislation, except in the case of

international engagements already existing, or which may hereafter be

entered into by them._

_It is understood that an authorised photograph of a protected work of

art shall enjoy legal protection in all the countries of the Union,

as contemplated by the said Convention, for the same period as the

principal right of reproduction of the work itself subsists, and

within the limits of private arrangements between those who have legal

rights._

2. As regards Article IX. it is agreed that those countries of the

Union whose legislation implicitly includes choregraphic works amongst

dramatico-musical works, expressly admit the former works to the

benefits of the Convention concluded this day.

It is, however, understood that questions which may arise on the

application of this clause shall rest within the competence of the

respective Tribunals to decide.

3. It is understood that the manufacture and sale of instruments for

the mechanical reproduction of musical airs which are copyright, shall

not be considered as constituting an infringement of musical copyright.

4. _The common agreement alluded to in Article XIV. of the Convention

is established as follows:_--

_The application of the Convention to works which have not fallen into

the public domain at the time when it comes into force, shall operate

according to the stipulations on this head which may be contained

in special Conventions either existing or to be concluded._

_In the absence of such stipulations between any countries of the

Union, the respective countries shall regulate, each for itself, by

its domestic legislation, the manner in which the principle contained

in Article XIV. is to be applied._

5. The organisation of the International Office established in virtue

of Article XVI. of the Convention shall be fixed by a Regulation which

shall be drawn up by the Government of the Swiss Confederation.

The official language of the International Office will be French.

The International Office will collect all kinds of information

relative to the protection of the rights of authors over their

literary and artistic works. It will arrange and publish such

information. It will study questions of general utility likely to be

of interest to the Union, and, by the aid of documents placed at its

disposal by the different Administrations, will edit a periodical

publication in the French language treating questions which concern

the Union. The Governments of the countries of the Union reserve

to themselves the faculty of authorising, by common accord, the

publication by the Office of an edition in one or more other languages

if experience should show this to be requisite.

The International Office will always hold itself at the disposal of

members of the Union, with the view to furnish them with any special

information they may require relative to the protection of literary

and artistic works.

The Administration of the country where a Conference is about to be

held, will prepare the programme of the Conference with the assistance

of the International Office.

The Director of the International Office will attend the sittings

of the Conferences, and will take part in the discussions without

a deliberative voice. He will make an annual Report on his

administration, which shall be communicated to all the members of the

Union.

The expenses of the Office of the International Union shall be shared

by the Contracting States. Unless a fresh arrangement be made, they

cannot exceed a sum of 60,000 fr. a year. This sum may be increased by

the decision of one of the Conferences provided for in Article XVII.

The share of the total expense to be paid by each country shall be

determined by the division of the Contracting and acceding States into

six classes, each of which shall contribute in the proportion of a

certain number of units, viz.:

First Class 25 units.

Second " 20 "

Third " 15 "

Fourth " 10 "

Fifth " 5 "

Sixth " 3 "

These co-efficients will be multiplied by the number of States of each

class, and the total product thus obtained will give the number of

units by which the total expense is to be divided. The quotient will

give the amount of the unity of expense.

Each State will declare, at the time of its accession, in which of the

said classes it desires to be placed.

The Swiss Administration will prepare the Budget of the Office,

superintend its expenditure, make the necessary advances, and draw

up the annual account, which shall be communicated to all the other

Administrations.

6. The next Conference shall be held at Paris between four and six

years from the date of the coming into force of the Convention.

The French Government will fix the date within these limits after

having consulted the International Office.

7. It is agreed that, as regards the exchange of ratifications

contemplated in Article XXI., each Contracting Party shall give a

single instrument, which shall be deposited, with those of the other

States, in the Government archives of the Swiss Confederation. Each

party shall receive in exchange a copy of the _procès-verbal_ of the

exchange of ratifications, signed by the Plenipotentiaries present.

The present Final Protocol, which shall be ratified with the

Convention concluded this day, shall be considered as forming an

integral part of the said Convention, and shall have the same force,

effect, and duration.

In witness whereof the respective Plenipotentiaries have signed the

same.

Done at Berne, the 9th day of September 1886.

_Procès-verbal of Signature._

The undersigned Plenipotentiaries, assembled this day to proceed with

the signature of the Convention with reference to the creation of an

International Union for the protection of literary and artistic works,

have exchanged the following declarations:

1. With reference to the accession of the Colonies or foreign

possessions provided for by Article XIX. of the Convention:

The Plenipotentiaries of His Catholic Majesty the King of Spain

reserve to the Government the power of making known His Majesty's

decision at the time of the exchange of ratifications.

The Plenipotentiary of the French Republic states that the accession

of his country carries with it that of all the French Colonies.

The Plenipotentiaries of Her Britannic Majesty state that the

accession of Great Britain to the Convention for the protection of

literary and artistic works comprises the United Kingdom of Great

Britain and Ireland, and all the Colonies and foreign possessions of

Her Britannic Majesty.

At the same time they reserve to the Government of Her Britannic

Majesty the power of announcing at any time the separate denunciation

of the Convention by one or several of the following Colonies or

possessions, in the manner provided for by Article XX. of the

Convention, namely:

India, the Dominion of Canada, Newfoundland, the Cape, Natal, New

South Wales, Victoria, Queensland, Tasmania, South Australia, Western

Australia, and New Zealand.

2. With respect to the classification of the countries of the Union

having regard to their contributory part to the expenses of the

International Bureau (No. 5 of the Final Protocol):

The Plenipotentiaries declare that their respective countries should

be ranked in the following classes, namely:

Germany in the first class.

Belgium in the third class.

Spain in the second class.

France in the first class.

Great Britain in the first class.

Haiti in the fifth class.

Italy in the first class.

Switzerland in the third class.

Tunis in the sixth class.

The Plenipotentiary of the Republic of Liberia states that the powers

which he has received from his Government authorise him to sign the

Convention, but that he has not received instructions as to the

class in which his country proposes to place itself with respect to

the contribution to the expenses of the International Bureau. He,

therefore, reserves that question to be determined by his Government,

who will make known their intention on the exchange of ratifications.

In witness whereof, the respective Plenipotentiaries have signed the

present _procès-verbal_.

Done at Berne, the 9th day of September 1886.

_Procès-verbal recording Deposit of Ratifications._

In accordance with the stipulations of Article XXI., paragraph 1, of

the Convention for the creation of an International Union for the

protection of literary and artistic works, concluded at Berne on the

9th September 1886, and in consequence of the invitation addressed to

that effect by the Swiss Federal Council to the Governments of the

High Contracting Parties, the Undersigned assembled this day in the

Federal Palace at Berne for the purpose of examining and depositing

the ratifications of:

Her Majesty the Queen of Great Britain and Ireland, Empress of India,

His Majesty the Emperor of Germany, King of Prussia,

His Majesty the King of the Belgians,

Her Majesty the Queen Regent of Spain, in the name of His Catholic

Majesty the King of Spain,

The President of the French Republic,

The President of the Republic of Haiti,

His Majesty the King of Italy,

The Council of the Swiss Confederation,

His Highness the Bey of Tunis,

to the said International Convention, followed by an Additional

Article and Final Protocol.

The instruments of these acts of ratification having been produced and

found in good and due form, they have been delivered into the hands

of the President of the Swiss Confederation, to be deposited in the

archives of the Government of that country, in accordance with clause

No. 7 of the Final Protocol of the International Convention.

In witness whereof the undersigned have drawn up the present

_procès-verbal_, to which they have affixed their signatures and the

seals of their arms.

Done at Berne, the 5th September 1887, in nine copies, one of which

shall be deposited in the archives of the Swiss Confederation with the

instruments of ratification.

For Great Britain (L. S.) F. O. ADAMS.

For Germany (L. S.) ALFRED VON BÜLOW.

For Belgium (L. S.) HENRY LOUMYER.

For Spain (L. S.) COMTE DE LA ALMINA.

For France (L. S.) EMMANUEL ARAGO.

For Haiti (L. S.) LOUIS-JOSEPH JANVIER.

For Italy (L. S.) FÈ.

For Switzerland (L. S.) DROZ.

For Tunis (L. S.) H. MARCHAND.

_Protocol._

On proceeding to the signature of the _procès-verbal_ recording

the deposit of the acts of ratification given by the High Parties

Signatory to the Convention of the 9th September 1886, for the

creation of an International Union for the protection of literary and

artistic works, the Minister of Spain renewed, in the name of his

Government, the declaration recorded in the _procès-verbal_ of the

Conference of the 9th September 1886, according to which the accession

of Spain to the Convention includes that of all the territories

dependent upon the Spanish Crown.

The Undersigned have taken note of this declaration.

In witness whereof they have signed the present Protocol, done at

Berne, in nine copies, the 5th September 1887.

ORDER IN COUNCIL, NOVEMBER 28, 1887.

BRITISH ORDER IN COUNCIL giving effect to the International

Spain, Switzerland, and Tunis, of September 9, 1886.

[Windsor, November 28, 1887.]

Whereas the Convention, of which an English translation is set out

in the First Schedule to this Order, has been concluded between Her

Majesty the Queen of the United Kingdom of Great Britain and Ireland

and the foreign countries named in this Order, with respect to the

protection to be given by way of copyright to the authors of literary

and artistic works:

And whereas the ratifications of the said Convention were exchanged

on the 5th September 1887, between Her Majesty the Queen and the

Governments of the foreign countries following, that is to say:

Belgium, France, Germany, Haiti, Italy, Spain, Switzerland, Tunis.

And whereas Her Majesty in Council is satisfied that the foreign

countries named in this Order have made such provisions as it appears

to Her Majesty expedient to require for the protection of authors of

works first produced in Her Majesty's dominions.

Now therefore Her Majesty, by and with the advice of Her Privy

Council, and by virtue of the authority committed to her by the

International Copyright Acts, 1844 to 1886, doth order, and it is

hereby ordered as follows:

1. The Convention as set forth in the First Schedule to this Order

shall as from the commencement of this Order have full effect

throughout Her Majesty's dominions, and all persons are enjoined to

observe the same.

2. This Order shall extend to the foreign countries following, that is

to say[1782]:

Belgium, France, Germany, Haiti, Italy, Spain, Switzerland, Tunis.

And the above countries are in this Order referred to as the foreign

countries of the Copyright Union, and those foreign countries,

together with Her Majesty's dominions, are in this Order referred to

as the countries of the Copyright Union.

3. The author of a literary or artistic work which, on or after the

commencement of this Order, is first produced in one of the foreign

countries of the Copyright Union shall, subject as in this Order and

in the International Copyright Acts, 1844 to 1886, mentioned, have as

respects that work throughout Her Majesty's dominions the same right

of copyright, including any right capable of being conferred by an

Order in Council under section 2 or section 5 of the International

been first produced in the United Kingdom, and shall have such right

during the same period.

Provided that the author of a literary or artistic work shall not have

any greater right or longer term of copyright therein than that which

he enjoys in the country in which the work is first produced.

The author of any literary or artistic work first produced before the

commencement of this Order shall have the rights and remedies to which

he is entitled under section 6 of the International Copyright Act,

1886.

4. _The rights conferred by the International Copyright Acts, 1844

to 1886, shall in the case of a literary or artistic work first

produced in one of the foreign countries of the Copyright Union by

an author who is not a subject or citizen of any of the said foreign

countries, be limited as follows: that is to say, the author shall

not be entitled to take legal proceedings in Her Majesty's dominions

for protecting any copyright in such work, but the publisher of such

work shall, for the purpose of any legal proceedings in Her Majesty's

dominions for protecting any copyright in such work, be deemed to

be entitled to such copyright as if he were the author, but without

prejudice to the rights of such author and publisher as between

themselves._

5. A literary or artistic work first produced simultaneously in two

or more countries of the Copyright Union shall be deemed for the

purpose of copyright to have been first produced in that one of those

countries in which the term of copyright in the work is shortest.

6. Section 6 of the International Copyright Act, 1852, shall not apply

to any dramatic piece to which protection is extended by virtue of

this Order.

7. The Orders mentioned in the Second Schedule to this Order are

hereby revoked[1783]: Provided that neither such revocation, nor

anything else in this Order, shall prejudicially affect any right

acquired or accrued before the commencement of this Order by virtue of

any Order hereby revoked, and any person entitled to such right shall

continue entitled thereto and to the remedies for the same, in like

manner as if this Order had not been made.

8. This Order shall be construed as if it formed part of the

International Copyright Act, 1886.

9. This Order shall come into operation on December 6, 1887, which day

is in this Order referred to as the commencement of this Order.

And the Lords Commissioners of Her Majesty's Treasury are to give

necessary orders herein accordingly.

FIRST SCHEDULE.

[BERNE CONVENTION, 1886, WITH ADDITIONAL ARTICLE AND FINAL PROTOCOL.]

SECOND SCHEDULE.

ORDERS IN COUNCIL REVOKED.

Orders in Council, of the dates named below, for securing the

privileges of copyright in Her Majesty's dominions to authors of works

of literature, and the fine arts, and dramatic pieces, and musical

compositions first produced in the following foreign countries,

namely:

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

Foreign Country. | Date of Entry.

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

Prussia | 27th August 1846

Saxony | 26th September 1846

Brunswick | 24th April 1847

The States of the Thuringian Union | 10th August 1847

Hanover | 30th October 1847

Oldenburg | 11th February 1848

France | 10th January 1852

Anhalt Dessau and Anhalt Bernbourg | 11th March 1853

Hamburg | 25th November 1853, and 8th July

| 1855

Belgium | 8th February 1855

Prussia, Saxony, Saxe-Weimar | 19th October 1855

Spain | 24th September 1857, and 20th

| November 1880

The States of Sardinia | 4th February 1861

Hesse-Darmstadt | 5th February 1862

Italy | 9th September 1865

German Empire | 24th September 1886

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

The Order in Council of 5th August 1875, revoking the application of

Section 6 of 15 & 16 Vict. c. 12 to dramatic pieces referred to in

the Order in Council of 10th January 1852 with respect to works first

published in France.

THE ADDITIONAL ACT OF PARIS, 1896.

ARTICLE I.

The International Convention of the 9th September 1886, is modified as

follows:

1. Article II.--The first paragraph of Article II. shall run as

follows:

"Authors belonging to any one of the countries of the Union, or

their lawful representatives, shall enjoy in the other countries

for their works, whether unpublished, or published for the first

time in one of those countries, the rights which the respective

laws do now or shall hereafter grant to nationals."

A fifth paragraph is added in these terms:

"Posthumous works are included among those to be protected."

2. Article III.--Article III. shall run as follows:

"Authors not belonging to one of the countries of the Union, who

shall have published or caused to be published for the first time

their literary or artistic works in a country which is a party to

the Union, shall enjoy, in respect of such works, the protection

accorded by the Berne Convention, and by the present Additional

Act."

3. Article V.--The first paragraph of Article V. shall run as

follows:

"Authors belonging to any one of the countries of the Union, or

their lawful representatives, shall enjoy in the other countries

the exclusive right of making or authorising the translation of

their works during the entire period of their right over the

original work. Nevertheless, the exclusive right of translation

shall cease to exist if the author shall not have availed himself

of it, during a period of ten years from the date of the first

publication of the original work, by publishing or causing to be

published in one of the countries of the Union, a translation in

the language for which protection is to be claimed."

4. Article VII.--Article VII. shall run as follows:

"Serial stories, including tales, published in the newspapers

or periodicals of one of the countries of the Union, may

not be reproduced, in original or translation, in the other

countries, without the sanction of the authors or of their lawful

representatives.

"This stipulation shall apply equally to other articles in

newspapers or periodicals, when the authors or editors shall have

expressly declared in the newspaper or periodical itself in which

they shall have been published that the right of reproduction is

prohibited. In the case of periodicals it shall suffice if such

prohibition be indicated in general terms at the beginning of each

number.

"In the absence of prohibition, such articles may be reproduced on

condition that the source is acknowledged.

"In any case, the prohibition shall not apply to articles on

political questions, to the news of the day, or to miscellaneous

information."

5. Article XII.--Article XII. shall run as follows:

"Pirated works may be seized by the competent authorities of the

countries of the Union where the original work is entitled to

legal protection.

"The seizure shall take place conformably to the domestic law of

each State."

6. Article XX. The second paragraph of Article XX. shall run as

follows:

"Such denunciation shall be made to the Government of the Swiss

Confederation. It shall only be effective as regards the country

making it, the Convention remaining in full force and effect for

the other countries of the Union."

ARTICLE II.

The final Protocol annexed to the Convention of the 9th September

1886, is modified as follows:

1. No. 1.--This clause shall run as follows:

"As regards Article IV., it is agreed as follows:

"(A.) In countries of the Union where protection is accorded not

only to architectural plans, but also to the architectural works

themselves, these works shall be admitted to the benefits of the

Berne Convention and of the present Additional Act.

"(B.) Photographic works and works produced by an analogous

process shall be admitted to the benefits of these engagements in

so far as the laws of each State may permit, and to the extent of

the protection accorded by such laws to similar national works.

"It is understood that an authorised photograph of a work of art

shall enjoy legal protection in all the countries of the Union, as

contemplated by the Berne Convention and by the present Additional

Act, for the same period as the principal right of reproduction

of the work itself subsists, and within the limits of private

arrangements between those who have legal rights."

2. No. 4.--This clause shall run as follows:

"The common agreement contemplated in Article XIV. of the

Convention is established as follows:

"The application of the Berne Convention and of the present

Additional Act to works which have not fallen into the public

domain within the country of origin at the time when these

engagements come into force, shall operate according to such

stipulations on this head as may be contained in special

Conventions either actually existing or to be concluded hereafter.

"In the absence of such stipulations between any of the countries

of the Union, the respective countries shall regulate, each for

itself, by its domestic legislation, the manner in which the

principle contained in Article XIV. is to be applied.

"The stipulations of Article XIV. of the Berne Convention and of

the present clause of the Final Protocol shall apply equally to

the exclusive right of translation, in so far as such right is

established by the present Additional Act.

"The temporary stipulations noted above shall be applicable to

countries which may hereafter accede to the Union."

ARTICLE III.

The countries of the Union which are not parties to the present

Additional Act, shall at any time be allowed to accede thereto on

their request to that effect. This stipulation shall apply equally

to countries which may hereafter accede to the Convention of the 9th

September 1886. It will suffice for this purpose that such accession

should be notified in writing to the Swiss Federal Council, who shall

in turn communicate it to the other Governments.

ARTICLE IV.

The present Additional Act shall have the same force and duration as

the Convention of the 9th September 1886.

It shall be ratified, and the ratifications shall be exchanged at

Paris, in the manner adopted in the case of that Convention, as soon

as possible, and within the space of one year at the latest.

It shall come into force as regards those countries which shall have

ratified it three months after such exchange of ratifications.

In witness whereof the respective Plenipotentiaries have signed the

same, and have affixed thereto the seal of their arms.

Done at Paris in a single transcript, the 4th May 1896.

_Procès-Verbal recording Deposit of Ratification._

Circumstances having prevented action being taken within the period of

delay originally fixed for the exchange of the ratifications of the

Additional Act of the 4th May 1896, modifying Articles II., III., V.,

VII., XII., and XX. of the Convention of the 9th September 1886, and

clauses 1 and 4 of the Final Protocol annexed thereto, as well as of

the Declaration interpreting certain stipulations of the Convention of

Berne of the 9th September 1886, and of the Additional Act signed at

Paris on the 4th May 1896, it has been unanimously agreed that that

period should be prolonged until this day.

In consequence whereof the Undersigned have met together in order to

deposit the instruments in question.

Germany, Belgium, Spain, France, Italy, Luxembourg, Monaco, Montenegro,

Switzerland, and Tunis have ratified both engagements.

Great Britain has ratified the Additional Act alone, on behalf of the

United Kingdom, as well as of all the British Colonies and Possessions.

Norway has only ratified the interpretative Declaration.

The respective ratifications having been produced and found to be

in good and due form, have been handed to the French Minister for

Foreign Affairs, in order that they may be deposited in the archives

of the Ministry, such deposit to be held equivalent to an exchange of

ratifications.

In faith of which the Undersigned have prepared the present Record of

deposit, to which they have affixed their seals.

Done at Paris, the 9th September 1897.

For Germany:

(L. S.) (Signed) VON MÜLLER.

For Belgium:

(L. S.) (Signed) Baron ALB. FALLON.

For Spain:

(L. S.) (Signed) Le Marquis DE NOVALLAS.

For France:

(L. S.) (Signed) G. HANOTAUX.

For Great Britain:

(L. S.) (Signed) EDMUND MONSON.

For Italy:

(L. S.) (Signed) G. TORNIELLI.

For Luxembourg:

(L. S.) (Signed) EUGÈNE LOUIS BASTIN.

For Monaco:

(L. S.) (Signed) J. DEPELLEY.

For Montenegro:

(L. S.) (Signed) H. MARCEL.

For Norway:

(L. S.) (Signed) Comte WRANGEL.

For Switzerland:

(L. S.) (Signed) DUPLAN.

For Tunis:

(L. S.) (Signed) RENAULT.

Certified to be a correct copy.

(L. S.) (Signed) PH. CROSIER,

_Minister Plenipotentiary_,

_Chef du Service du Protocole._

ORDER IN COUNCIL, MARCH 7, 1898.

Whereas, &c. (Preamble recites the Berne Convention, 1886, Order in

Council November 28, 1887, other Orders in Council affecting countries

subsequently acceding, and the Additional Act of Paris.)

And whereas Her Majesty in Council is satisfied that the foreign

countries named in the body of this Order and parties to the said

Additional Act have made such provisions as it appears to Her Majesty

expedient to require for the protection of authors of works first

produced in Her Majesty's dominions:

Now therefore Her Majesty, by and with the advice of Her Privy Council

and by virtue of the authority committed to Her by the International

follows:

(1.) The Additional Act of the Berne Convention set forth in the

Schedule to this Order shall as from the commencement of this Order

have full effect throughout Her Majesty's dominions, and all persons

are enjoined to observe the same.

(2.) This Order shall extend to the foreign countries following, that

is to say:[1784]

Germany,

Belgium,

Spain,

France,

Italy,

Luxembourg,

Monaco,

Montenegro,

Switzerland, and

Tunis.

(3.) The fourth article of the Order in Council of November 28, 1887,

shall as from the commencement of this Order cease to apply to the

foreign countries to which this Order extends:

(4.) The Order in Council of November 28, 1887, shall continue to be

of full force and effect save in so far as the same is varied by this

Order.

(5.) Nothing contained in this Order shall prejudicially affect any

right acquired or accrued before the commencement of this Order

by virtue of the said Order in Council of November 28, 1887, or

otherwise, and any person entitled to such right shall continue

entitled thereto and to the remedies for the same in like manner as if

this Order had not been made.

(6.) The author of any literary or artistic work first produced before

the commencement of this Order shall have the rights and remedies to

which he is entitled under section 6 of The International Copyright

Act, 1886.

(7.) This Order shall be construed as if it formed part of The

International Copyright Act, 1886.

(8.) This Order shall come into operation on the date hereof, which

day is in this Order referred to as the commencement of this Order.

And the Lords Commissioners of Her Majesty's Treasury are to give the

necessary orders herein accordingly.

TREASURY MINUTE

TREASURY MINUTE[1785] DEALING WITH THE COPYRIGHT IN GOVERNMENT

PUBLICATIONS, AUGUST 31, 1887.

My Lords take into consideration the correspondence which has passed

between the Treasury and the Stationery Office on the subject of

The law gives to the Crown, or the assignee of the Crown, the same

right of copyright as to a private individual. Consequently, if a

servant of the Crown, in the course of his duty for which he is paid,

composes any document, or if a person is specially employed and paid

by the Crown for the purpose of composing any document, the copyright

in the document belongs to the Crown as it would in the case of a

private employer.

The majority of publications issued under the authority of the

Government have no resemblance to the works published by private

publishers, and are published for the information of the public and

for public use, in such manner as any one of the public may wish,

and it is desirable that the knowledge of their contents should be

diffused as widely as possible.

In other cases the Government publishes at considerable cost works in

which few persons only are interested, but which are published for the

purpose of promoting literature and science.

These works are of precisely the same character as those published by

private enterprise.

In order to prevent an undue burden being thrown on the taxpayer by

these works, and to enable the Government to continue the publication

of works of this character to the same extent as heretofore, it is

necessary to place them, as regards copyright, in the same position

as publications by private publishers. If the reproduction of them,

or of the most popular portions of them, by private publishers, is

permitted, the private publisher will be able to put into his own

pocket the profits of the work, which ought to go in relief of the

general public, the taxpayers.

The question, then, is, what are the classes of works the reproduction

of which is to be restricted, or to be left unrestricted?

Government publications may be classified as follows:

(1.) Reports of Select Committees of the two Houses of Parliament,

or of Royal Commissions.

(2.) Papers required by Statute to be laid before Parliament,

_e. g._, Orders in Council, Rules made by Government Departments,

Accounts, Reports of Government Inspectors.

(3.) Papers laid before Parliament by Command, _e. g._, Treaties,

Diplomatic Correspondence, Reports from Consuls and Secretaries of

Legation, Reports of Inquiries into Explosions or Accidents, and

other Special Reports made to Government Departments.

(4.) Acts of Parliament.

(5.) Official books, _e. g._, Queen's Regulations for the Army or

Navy.

(6.) Literary or quasi-literary works, _e. g._, the Reports of the

_Challenger_ Expedition, the Rolls Publication, the forthcoming

State Trials, the "Board of Trade Journal."

(7.) Charts and Ordnance Maps.

As respects the first five classes of publications, the reproduction

of them, with certain exceptions, should not be restricted in any form

whatever. Indeed, in most cases it is desirable that they should be

made known to the public as widely as possible.

The first exception is, that Acts of Parliament and official books

should not, except when published under the authority of the

Government, purport on the face of them to be published by authority.

The second exception is, where a work of a literary or quasi-literary

character comes accidentally within these classes. For example, the

Reports of the Historical Manuscripts Commission would, but for the

fact that they were produced under the direction of a Commission

instead of under the Master of the Rolls, be published in the ordinary

manner like the Rolls publications, and come within Class 6.

So, again, a Report to a Government Department may be laid before

Parliament made by a person of eminent scientific knowledge who is

willing to give the Government and the public the advantage of his

knowledge, but not to allow it to be reproduced for the private

benefit of an individual publisher. Mr. Whitehead's Reports on

Injurious Insects are an instance of this case.

Other exceptions will, no doubt, from time to time occur, which can

only be dealt with as they arise.

As regards the sixth and seventh classes above mentioned, it seems

desirable that the copyright in them should be enforced in the

interests of the taxpayer, and of literature and science. For, as

pointed out above, unless copyright is enforced, cheap copies of the

works, or of the popular portion of them, can be produced by private

publishers, who reap the profit at the expense of the taxpayer. And

as such works are in any case a burden on the taxpayer, the greater

the burden the fewer works can the Government, with justice to the

taxpayer, undertake.

Notice of the intention to enforce the copyright in any work should

be given to the public. In the case of future works this notice can

be given by prefixing to the work a notice to the effect that the

rights of copyright are reserved. In the case of past works it will be

desirable to inform the publishing trade of the works the reproduction

of which, without permission, is forbidden.

As respects Acts of Parliament, the Government, in obedience to the

wishes of Parliament expressed by Select Committees, are bound to

publish an edition of them by authority as cheaply as practicable, and

a nearly similar remark applies to official publications. For this

purpose the Comptroller of the Stationery Office shall be appointed

Her Majesty's Printer, but care will be taken not to infringe on any

existing privileges granted by the Crown.

Let instructions be given to the Comptroller of the Stationery Office

and to the Solicitor in pursuance of this Minute.

AMERICAN STATUTES

REVISED STATUTES, 1874.

TITLE lx. c. 3. [Approved June 22, 1874.]

[Sidenote: Copyrights to be under charge of Librarian of Congress.]

SEC. 4948. All records and other things relating to copyrights and

required by law to be preserved shall be under the control of the

Librarian of Congress, and kept and preserved in the Library of

Congress; and the Librarian of Congress shall have the immediate care

and supervision thereof, and, under the supervision of the joint

committee of Congress on the Library, shall perform all acts and

duties required by law touching copyrights.

[Sidenote: Seal of Office.]

SEC. 4949. The seal provided for the office of the Librarian of

Congress shall be the seal thereof, and by it all records and

papers issued from the office and to be used in evidence shall be

authenticated.

[Sidenote: Bond of Librarian.]

SEC. 4950. The Librarian of Congress shall give a bond, with sureties,

to the Treasurer of the United States, in the sum of five thousand

dollars, with the condition that he will render to the proper officers

of the Treasury a true account of all monies received by virtue of his

office.

[Sidenote: Annual Report.]

SEC. 4951. The Librarian of Congress shall make an annual report to

Congress of the number and description of copyright publications for

which entries have been made during the year.

[Sidenote: What publications may be entered for Copyright.]

SEC. 4952. _Any Citizen of the United States or resident therein

who shall be the author, inventor, designer, or proprietor of any

book, map, chart, dramatic or musical composition, engraving, cut,

print,[1786] or photograph or negative thereof, or of a painting,

drawing, chromo, statue, statuary, or of models or designs intended

to be perfected as works of the fine arts, and the executors,

administrators, or assigns of any such person shall, upon complying

with the provisions of this chapter, have the sole liberty of

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

finishing, and vending, the same; and in the case of a dramatic

composition of publicly performing or representing it, or causing it

to be performed or represented by others. And authors may reserve the

right to dramatize or to translate their own works._[1787]

[Sidenote: Term of Copyrights.]

SEC. 4953. Copyrights shall be granted for the term of twenty-eight

years from the time of recording the title thereof, in the manner

hereinafter directed.

[Sidenote: Continuance of Term.]

SEC. 4954. _The author, inventor, or designer, if he be still living

and a citizen of the United States or resident therein, or his widow

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

continued for the further term of fourteen years, upon recording the

title of the work or description of the article so secured a second

time, and complying with all other regulations in regard to original

copyrights, within six months before the expiration of the first

term. And such person shall, within two months from the date of said

renewal, cause a copy of the record thereof to be published in one or

more newspapers, printed in the United States, for the space of four

weeks._[1788]

[Sidenote: Assignment of Copyrights and recording.]

SEC. 4955. Copyrights shall be assignable in law by any instrument

of writing, and such assignment shall be recorded in the office of

the Librarian of Congress within sixty days after its execution; in

default of which it shall be void as against any subsequent purchaser,

or mortgagee for a valuable consideration, without notice.

[Sidenote: Deposit of title and published copies.]

SEC. 4956. _No person shall be entitled to a copyright unless he

shall, before publication, deliver at the office of the Librarian

of Congress, or deposit in the mail addressed to the Librarian of

Congress at Washington, District of Columbia, a printed copy of the

title of the book or other article, or a description of the painting,

drawing, chromo, statue, statuary, or a model or design for a work of

the fine arts, for which he desires a copyright, nor unless he shall

also within ten days from the publication thereof[1789] deliver_

_at the office of the Librarian of Congress or deposit in the mail

addressed to the Librarian of Congress at Washington, District of

Columbia, two copies of such copyright book or other article, or in

case of a painting, drawing, statue, statuary, model, or design for a

work of the fine arts, a photograph of the same._[1790]

[Sidenote: Record of entry and attested copy].

SEC. 4957. The Librarian of Congress shall record the name of such

that purpose, in the words following: "Library of Congress, to wit:

Be it remembered that on the ----day of ----, A. B., of ----, hath

deposited in this office the title of a book (map, chart, or otherwise

as the case may be, or a description of the article), the title or

description of which is in the following words, to wit: (here insert

the title or description) the right whereof he claims as author

(originator or proprietor as the case may be) in conformity with the

laws of the United States respecting copyrights. C. D., Librarian of

Congress." And he shall give a copy of the title or description, under

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

shall require it.

[Sidenote: Fees.]

SEC. 4958. _The Librarian of Congress shall receive from the persons

to whom the services designated are rendered the following fees_:

_First. For recording the title or description of any copyright

book or other article, fifty cents._

_Second. For every copy under seal of such record actually given

to the person claiming the copyright, or his assigns, fifty cents._

_Third. For recording any instrument of writing for the assignment

of a copyright, fifteen cents for every one hundred words._[1791]

_All fees so received shall be paid into the Treasury of the

United States._[1792]

[Sidenote: Copies of Copyright works to be furnished to Librarian of

Congress.]

SEC. 4959. _The proprietor of every copyright book or other article

shall deliver at the office of the Librarian of Congress, or deposit

in the mail addressed to the Librarian of Congress at Washington,

District of Columbia, within ten days after its publication, two

complete printed copies thereof, of the best edition issued, or

description or photograph of such article as hereinbefore required,

and a copy of every subsequent edition wherein any substantial changes

shall be made._[1793]

[Sidenote: Penalty for omission]

SEC. 4960. For every failure on the part of the proprietor of any

copies or description or photograph, required by sections 4956 and

4959, the proprietor of the copyright shall be liable to a penalty of

twenty-five dollars, to be recovered by the Librarian of Congress,

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

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

jurisdiction of which the delinquent may reside or be found.

[Sidenote: Postmasters to give receipts.]

SEC. 4961. The postmaster to whom such copyright book, title, or other

article is delivered, shall, if requested, give a receipt therefor;

and when so delivered he shall mail it to its destination.

[Sidenote: Publication of notice of entry for Copyright prescribed.]

SEC. 4962. No person shall maintain an action for the infringement

of his copyright unless he shall give notice thereof by inserting in

the several copies of every edition published, on the title-page or

the page immediately following, if it be a book; or if a map, chart,

musical composition, print, cut, engraving, photograph, painting,

drawing, chromo, statue, statuary, or model or design intended to be

perfected and completed as a work of the fine arts, by inscribing

_upon some portion of the face or front thereof, or on the face of the

substance on which the same shall be mounted_,[1794] the following

words, "Entered according to Act of Congress, in the year ----, by A.

B., in the office of the Librarian of Congress at Washington."[1795]

[Sidenote: Penalty for false publication of notice of entry.]

SEC. 4963. _Every person who shall insert or impress such notice or

words of the same purport, in or upon any book, map, chart, musical

composition, print, cut, engraving, or photograph, or other article

for which he has not obtained a copyright, shall be liable to a

penalty of one hundred dollars, recoverable one-half by the person

who shall sue for such penalty, and one-half to the use of the United

States._[1796]

[Sidenote: Damages for violation of Copyright of books.]

SEC. 4964. _Every person who after the recording of the title of any

book as provided by this chapter shall, within the term limited and

without the consent of the proprietor of the copyright first obtained

in writing, signed in presence of two or more witnesses, print,

publish, or import, or, knowing the same to be so printed, published,

or imported, shall sell or expose to sale any copy of such book, shall

forfeit every copy thereof to such proprietor, and shall also forfeit

and pay such damages as may be recovered in a civil action by such

proprietor in any court of competent jurisdiction._[1797]

[Sidenote: For violating Copyright of maps, charts, prints, &c.]

SEC. 4965. _If any person after the recording of the title of any map,

chart, musical composition, print, cut, engraving, or photograph,

or chromo, or of the description of any painting, drawing, statue,

statuary, or model, or design intended to be perfected and executed

as a work of the fine arts, as provided by this chapter shall, within

the term limited and without the consent of the proprietor of the

more witnesses, engrave, etch, work, copy, print, publish, or import,

either in whole or in part, or by varying the main design with intent

to evade the law, or, knowing the same to be so printed, published,

or imported, shall sell or expose to sale any copy of such maps or

other article, as aforesaid, he shall forfeit to the proprietor all

the plates on which the same shall be copied, and every sheet thereof

either copied or printed, and shall further forfeit one dollar for

every sheet of the same found in his possession, either printing,

printed, copied, published, imported, or exposed for sale; and in case

of a painting, statue, or statuary he shall forfeit ten dollars for

every copy of the same in his possession, or by him sold or exposed

for sale; one-half thereof to the proprietor, and the other half to

the use of the United States._[1798]

[Sidenote: For violating Copyright of dramatic compositions.]

SEC. 4966. _Any person publicly performing or representing any

dramatic composition for which a copyright has been obtained without

the consent of the proprietor thereof or his heirs or assigns, shall

be liable for damages therefor, such damages in all cases to be

assessed at such sum, not less than one hundred dollars for the

first, and fifty dollars for every subsequent performance, as to the

court shall appear to be just._[1799]

[Sidenote: Damages for printing or publishing any manuscript without

consent of author, &c.]

SEC. 4967. _Every person who shall print or publish any manuscript

whatever without the consent of the author or proprietor first

obtained, if such author or proprietor is a citizen of the United

States, or resident therein, shall be liable to the author or

proprietor for all damages occasioned by such injury._[1800]

[Sidenote: Limitation of action in Copyright cases.]

SEC. 4968. No action shall be maintained in any case of forfeiture or

penalty under the copyright laws unless the same is commenced within

two years after the cause of action has arisen.

[Sidenote: Defences to action in Copyright cases.]

SEC. 4969. In all actions arising under the laws respecting

copyrights, the defendant may plead the general issue, and give the

special matter in evidence.

[Sidenote: Injunctions in Copyright cases.]

SEC. 4970. The circuit courts, and district courts having the

jurisdiction of circuit courts, shall have power upon bill in equity,

filed by any party aggrieved, to grant injunctions to prevent the

violation of any right secured by the laws respecting copyrights,

according to the course and principles of courts of equity on such

terms as the courts may deem reasonable.

[Sidenote: Aliens and non-residents not privileged.]

SEC. 4971. _Nothing in this chapter shall be construed to prohibit the

printing, publishing, importation, or sale of any book, map, chart,

dramatic or musical composition, print, cut, engraving or photograph,

written, composed, or made by any person not a citizen of the United

States nor resident therein._[1801]

[Sidenote: Writs of error and appeals without reference to amount.]

SEC. 699. A writ of error may be allowed to review any final judgment

at law, and an appeal shall be allowed from any final decree in equity

hereinafter mentioned without regard to the sum or value in dispute.

First. By final judgment at law or final decree in equity of any

circuit court, or of any district court acting as a circuit court, or

of the Supreme Court of the District of Columbia, or of any Territory,

in any case touching patent rights or copyrights.

[Sidenote: Exclusive jurisdiction of Courts of United States.]

SEC. 711. The jurisdiction vested in the courts of the United States

in the cases and proceedings hereinafter mentioned, shall be exclusive

of the courts of the several States.

Fifth. Of all cases arising under the patent-right or copyright laws

of the United States.

[Sidenote: Full costs allowed.]

SEC. 972. In all recoveries under the copyright laws either for

damages, forfeitures, or penalties, full costs shall be allowed

thereon.

[Sidenote: Copyrights vest in Assignee in bankruptcy.]

SEC. 5046. All ... patent rights, and copyrights ... shall in virtue

of the adjudication of bankruptcy and the appointment of an assignee

... be at once vested in such assignee.

[Sidenote: Repeal of Acts.]

SEC. 5596. All Acts of Congress passed prior to December 1, 1873, any

portion of which is embraced in any section of the Revised Statutes,

are hereby repealed, and the section applicable thereto shall be in

force in lieu thereof....

[Sidenote: Acts passed since 1st December 1873, not affected.]

SEC. 5601. The enactment of the said Revision is not to affect or

repeal any Act of Congress passed since December 1, 1873, and all Acts

passed since that date are to have full effect as if passed after the

enactment of this revision, and so far as such Acts vary from and

conflict with any provision contained in said revision, they are to

have effect as subsequent statutes, and as repealing any portion of

the revision inconsistent therewith.

ACT OF CONGRESS, JUNE 18, 1874.

[Sidenote: No right of action for infringement unless notice of entry.]

[Sidenote: Optional modes of entry.]

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That no person shall maintain

an action for the infringement of his copyright unless he shall give

notice thereof by inserting in the several copies of every edition

published, on the title-page or the page immediately following, if

it be a book; or if a map, chart, musical composition, print, cut,

engraving, photograph, painting, drawing, chromo, statue, statuary,

or model or design intended to be perfected and completed as a work

of the fine arts, by inscribing upon some visible portion thereof, or

of the substance on which the same shall be mounted, the following

words, viz.:--"Entered according to Act of Congress in the year --by

A. B., in the office of the Librarian of Congress at Washington," or at

his option the word "Copyright" together with the year the copyright

was entered, and the name of the party by whom it was taken out;

thus--"Copyright, 18--, by A. B."

[Sidenote: Fees.]

SEC. 2. _That for recording and certifying any instrument of writing

for the assignment of a copyright, the Librarian of Congress shall

receive, from the persons to whom the service is rendered, one dollar;

and for every copy of an assignment, one dollar; said fee to cover in

either case a certificate of the record, under seal of the Librarian

of Congress; and all fees so received shall be paid into the Treasury

of the United States._[1802]

[Sidenote: "Engraving," "Cut" and "Print" not to extend to labels.]

[Sidenote: Commissioner of Patents charged with supervision of labels.]

SEC. 3. That in the construction of this Act the words "engraving,"

"cut" and "print" shall be applied only to pictorial illustrations or

works connected with the fine arts, and no prints or labels designed

to be used for any other articles of manufacture shall be entered

under the copyright law, but may be registered in the Patent Office.

And the Commissioner of Patents is hereby charged with the supervision

and control of the entry or registry of such prints or labels, in

conformity with the regulations provided by law as to copyright of

prints except that there shall be paid for recording the title of

any print or label not a trade mark, six dollars, which shall cover

the expense of furnishing a copy of the record under the seal of the

Commissioners of Patents, to the party entering the same.

SEC. 4. That all laws and parts of laws inconsistent with the

foregoing provisions be, and the same are hereby repealed.

SEC. 5. That this Act shall take effect on August 1, 1874.

ACT OF CONGRESS, AUGUST 1, 1882.

[Sidenote: R. S. 4962, amended notice of Copyright on decorative

articles.]

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That manufacturers of

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

of pottery or metal subject to copyright may put the copyright

mark prescribed by Section 4962 of the Revised Statutes, and Acts

additional thereto, upon the back or bottom of such articles,

or in such other place upon them as it has heretofore been usual

for manufacturers of such articles to employ for the placing of

manufacturers, merchants, and trade marks thereon.

ACT OF CONGRESS, OCTOBER 1, 1890.

An Act to reduce the revenue and equalise duties on imports, and for

other purposes.

SEC. 2. On and after October 6, 1890, unless otherwise specially

provided for in this Act, the following articles when imported shall

be exempt from duty:

* * * * *

512. Books, engravings, photographs, bound or unbound, etchings, maps

and charts, which shall have been printed and bound or manufactured

more than twenty years at the date of importation.

513. Books and pamphlets printed exclusively in languages other than

English; also books and music in raised print used exclusively by the

blind.

514. Books, engravings, photographs, etchings, bound or unbound, maps

and charts imported by authority, or for the use of the United States,

or for the use of the Library of Congress.

515. Books, maps, lithographic prints, and charts, specially

imported, not more than two copies in any one invoice, in good

faith for the use of any society incorporated or established for

educational, philosophical, literary or religious purposes, or for

the encouragement of the fine arts, or for the use or by order of any

college, academy, school or seminary of learning in the United States,

subject to such regulations as the secretary of the Treasury shall

prescribe.

516. Books, or libraries, or parts of libraries, and other household

effects of persons or families from foreign countries, if actually

used abroad by them not less than one year, and not intended for any

other person or persons, nor for sale.

ACT OF CONGRESS, MARCH 3, 1891.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That section forty-nine

hundred and fifty-two of the Revised Statutes be, and the same is

hereby amended so as to read as follows:

[Sidenote: Persons and publications entitled to Copyright.]

"SEC. 4952. The author, inventor, designer, or proprietor of any

book, map, chart, dramatic or musical composition, engraving,

cut, print, or photograph or negative thereof, or of a painting,

drawing, chromo, statue, statuary, and of models or designs

intended to be perfected as works of the fine arts, and the

executors, administrators, or assigns of any such person shall,

upon complying with the provisions of this chapter, have the sole

liberty of printing, reprinting, publishing, completing, copying,

executing, finishing, and vending the same; and, in the case of

dramatic composition, of publicly performing or representing it or

causing it to be performed or represented by others; and authors

or their assigns shall have exclusive right to dramatize and

translate any of their works for which copyright shall have been

obtained under the laws of the United States."

SEC. 2. That section forty-nine hundred and fifty-four of the Revised

Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Further term of exclusive right.]

"Sec. 4954. The author, inventor, or designer, if he be still

living, or his widow or children, if he be dead, shall have the

same exclusive right continued for the further term of fourteen

years, upon recording the title of the work or description of the

article so secured a second time, and complying with all other

regulations in regard to original copyrights, within six months

before the expiration of the first term; and such persons shall,

within two months from the date of said renewal, cause a copy

of the record thereof to be published in one or more newspapers

printed in the United States for the space of four weeks."

SEC. 3. That section forty-nine hundred and fifty-six of the Revised

Statutes of the United States be, and the same is hereby amended so

that it shall read as follows:

[Sidenote: Deposit of title or description before publication.]

[Sidenote: Two copies of work or photograph on day of publication.]

[Sidenote: To be made in the United States.]

[Sidenote: Importation of Foreign editions prohibited.]

"SEC. 4956. No person shall be entitled to a copyright unless he

shall, on or before the day of publication in this or any foreign

country, deliver at the office of the Librarian of Congress, or

deposit in the mail within the United States, addressed to the

Librarian of Congress at Washington, District of Columbia, a

printed copy of the title of the book, map, chart, dramatic or

musical composition, engraving, cut, print, photograph, or chromo,

or a description of the painting, drawing, statue, statuary, or a

model or design for a work of the fine arts for which he desires a

publication thereof[1803] in this or any foreign country, deliver

at the office of the Librarian of Congress at Washington, District

of Columbia, or deposit in the mail within the United States,

addressed to the Librarian of Congress at Washington, District

of Columbia, two copies of such copyright book, map, chart,

dramatic or musical composition, engraving, chromo, cut, print, or

photograph, or in case of a painting, drawing, statue, statuary,

model, or design for a work of the fine arts, a photograph of

same: Provided, That in the case of a book, photograph, chromo, or

lithograph, the two copies of the same required to be delivered

or deposited as above shall be printed from type set within the

limits of the United States, or from plates made therefrom, or

from negatives, or drawings on stone made within the limits of

the United States, or from transfers made therefrom. During the

existence of such copyright the importation into the United States

of any book, chromo, lithograph, or photograph so copyrighted, or

any edition or editions thereof, or any plates of the same not

made from type set, negatives, or drawings on stone made within

the limits of the United States, shall be, and it is hereby,

prohibited, except in the cases specified in paragraphs 512 to

516, inclusive in section 2 of the Act of Congress, October 1,

1890, and except in the case of persons purchasing for use and not

for sale, who import, subject to the duty thereon, not more than

two copies of such book at any one time, and except in the case

of newspapers and magazines not containing in whole or in part

matter copyrighted under the provisions of this Act, unauthorised

by the author, which are hereby exempted from prohibition of

importation: Provided, nevertheless, That in the case of books

in foreign languages, of which only translations in English are

copyrighted; the prohibition of importation shall apply only to

the translations of the same, and the importation of the books in

the original language shall be permitted."

[Sidenote: Fees.]

SEC. 4. That section forty-nine hundred and fifty-eight of the Revised

Statutes be, and the same is hereby amended so that it will read as

follows:

"SEC. 4958. The Librarian of Congress shall receive from the

persons to whom the services designated are rendered the following

fees:

"First. For recording the title or description of any copyright

book or other article, fifty cents.

"Second. For every copy under seal of such record actually given

to the person claiming the copyright, or his assigns, fifty cents.

"Third. For recording and certifying any instrument of writing for

the assignment of a copyright, one dollar.

"Fourth. For every copy of an assignment, one dollar.

"All fees so received shall be paid into the Treasury of the

United States: Provided, That the charge for recording the

title or description of any article entered for copyright, the

production of a person not a citizen or resident of the United

States, shall be one dollar, to be paid as above into the

Treasury of the United States, to defray the expenses of lists of

copyrighted articles as hereinafter provided for.

[Sidenote: List of copyrighted articles to be furnished Treasury.]

[Sidenote: Weekly Catalogues.]

"And it is hereby made the duty of the Librarian of Congress to

furnish to the Secretary of the Treasury copies of the entries

of titles of all books and other articles wherein the copyright

has been completed by the deposit of two copies of such book

printed from type set within the limits of the United States, in

accordance with the provisions of this Act and by the deposit

of two copies of such other article made or produced in the

United States; and the Secretary of the Treasury is hereby

directed to prepare and print, at intervals of not more than a

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

collectors of customs of the United States and to the postmasters

of all post offices receiving foreign mails, and such weekly

lists, as they are issued, shall be furnished to all parties

desiring them, at a sum not exceeding five dollars per annum; and

the Secretary and the Postmaster-General are hereby empowered and

required to make and enforce such rules and regulations as shall

prevent the importation into the United States, except upon the

conditions above specified, of all articles prohibited by this

Act."

SEC. 5. That section forty-nine hundred and fifty-nine of the Revised

Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Copy of subsequent editions.]

"SEC. 4959. The proprietor of every copyright book or other

article shall deliver at the office of the Librarian of Congress,

or deposit in the mail, addressed to the Librarian of Congress

at Washington, District of Columbia, a copy of every subsequent

edition wherein any substantial changes shall be made: Provided,

however, That the alterations, revisions, and additions made to

books by foreign authors, heretofore published, of which new

editions shall appear subsequently to the taking effect of this

Act, shall be held and deemed capable of being copyrighted as

above provided for in this Act, unless they form a part of the

series in course of publication at the time this Act shall take

effect."

SEC. 6. That section forty-nine hundred and sixty-three of the Revised

Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Penalty for false notice of entry.]

"SEC. 4963. _Every person who shall insert or impress such

notice, or words of the same purport, in or upon any book, map,

chart, dramatic or musical composition, print, cut, engraving,

or photograph, or other article, for which he has not obtained a

recoverable one-half for the person who shall sue for such penalty

and one-half to the use of the United States._"[1804]

SEC. 7. That section forty-nine hundred and sixty-four of the Revised

Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Violations of Copyright of books.]

"SEC. 4964. Every person who, after the recording of the title

of any book and the depositing of two copies of such book, as

provided by this Act, shall, contrary to the provisions of this

Act, within the term limited, and without the consent of the

proprietor of the copyright first obtained in writing, signed in

presence of two or more witnesses, print, publish, dramatize,

translate, or import, or knowing the same to be so printed,

published, dramatized, translated, or imported, shall sell or

expose to sale any copy of such book, shall forfeit every copy

thereof to such proprietor, and shall also forfeit and pay such

damages as may be recovered in a civil action by such proprietor

in any court of competent jurisdiction."

SEC. 8. That section forty-nine hundred and sixty-five of the Revised

Statutes be, and the same is hereby so amended as to read as follows:

[Sidenote: Violations of Copyright of maps, prints, &c.]

"SEC. 4965. _If any person, after the recording of the title of

any map, chart, dramatic or musical composition, print, cut,

engraving, or photograph, or chromo, or of the description of

any painting, drawing, statue, statuary, or model or design

intended to be perfected and executed as a work of the fine

arts, as provided by this Act, shall within the term limited,

contrary to the provisions of this Act, and without the consent

of the proprietor of the copyright first obtained in writing,

signed in presence of two or more witnesses, engrave, etch, work,

copy, print, publish, dramatize, translate, or import, either in

whole or in part, or by varying the main design with intent to

evade the law, or, knowing the same to be so printed, published,

dramatized, translated, or imported, shall sell or expose to sale

any copy of such map or other article as aforesaid, he shall

forfeit to the proprietor all the plates on which the same shall

be copied and every sheet thereof, either copied or printed, and

shall further forfeit one dollar for every sheet of the same found

in his possession, either printing, printed, copied, published,

imported, or exposed for sale, and in case of a painting, statue,

or statuary, he shall forfeit ten dollars for every copy of the

same in his possession, or by him sold or exposed for sale;

one-half thereof to the proprietor and the other half to the use

of the United States._"[1805]

SEC. 9. That section forty-nine hundred and sixty-seven of the Revised

Statutes be, and the same is hereby amended so as to read as follows:

[Sidenote: Damages for printing manuscript.]

"SEC. 4967. Every person who shall print or publish any manuscript

whatever without the consent of the author or proprietor first

obtained, shall be liable to the author or proprietor for all

damages occasioned by such injury."

[Sidenote: Alien products.]

SEC. 10. That section forty-nine hundred and seventy-one of the

Revised Statutes be, and the same is hereby repealed.

[Sidenote: Volumes separately copyrightable.]

SEC. 11. That for the purpose of this Act each volume of a book in

two or more volumes, when such volumes are published separately

and the first one shall not have been issued before this Act shall

take effect, and each number of a periodical shall be considered an

independent publication, subject to the form of copyrighting as above.

SEC. 12. That this Act shall go into effect on the first day of July,

anno domini eighteen hundred and ninety-one.

[Sidenote: Applicable to citizens of foreign countries permitting

similar rights.]

SEC. 13. That this Act shall only apply to a citizen or subject of

a foreign state or nation when such foreign state or nation permits

to citizens of the United States of America the benefit of copyright

on substantially the same basis as its own citizens; or when such

foreign state or nation is a party to an international agreement

which provides for reciprocity in the granting of copyright, by the

terms of which agreement the United States of America may at its

pleasure become a party to such agreement. The existence of either of

the conditions aforesaid shall be determined by the President of the

United States by proclamation made from time to time as the purposes

of this Act may require.

ACT OF CONGRESS, MARCH 3, 1893.

[Sidenote: Extension of time for delivery of copies where such has

been neglected.]

[Sidenote: if delivered before 1st March 1893.]

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That any author, inventor,

designer, or proprietor of any book, or other article entitled to

Librarian of Congress, or in the mail addressed to the Librarian

of Congress, two complete copies of such book, or description or

photograph of such article within the time limited by Title 60,

chapter 3, of the Revised Statutes relating to copyrights and the Acts

in amendment thereof, and has complied with all other provisions

thereof, who has before March 1, 1893, delivered at the office of

the Librarian of Congress or deposited in the mail addressed to the

Librarian of Congress two complete printed copies of such book, or

description or photograph of such article, shall be entitled to all

the rights and privileges of said Title 60, chapter 3, of the Revised

Statutes and Acts in amendment thereof.

ACT OF CONGRESS, MARCH 2, 1895.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That section 4965 of the

Revised Statutes be, and the same is hereby amended so as to read as

follows:

[Sidenote: Penalty for violations of Copyright of compositions, maps,

prints, paintings, &c.]

SEC. 4965. If any person after the recording of the title of any map,

chart, dramatic or musical composition, print, cut, engraving or

photograph, or chromo, or of the description of any painting, drawing,

statue, statuary, or model or design intended to be perfected and

executed as a work of the fine arts, as provided by this Act, shall,

within the term limited, contrary to the provisions of this Act and

without the consent of the proprietor first obtained in writing,

signed in presence of two or more witnesses, engrave, etch, work,

copy, print, publish, dramatize, translate, or import, either in whole

or in part, or by varying the main design, with intent to evade the

law, or knowing the same to be so printed, published, dramatized,

translated, or imported shall sell or expose to sale any copy of such

map or other article as aforesaid, he shall forfeit to the proprietor

all the plates on which the same shall be copied, and every sheet

thereof either copied or printed, and shall further forfeit one dollar

for every sheet of the same found in his possession, either printing,

printed, copied, published, imported, or exposed for sale; and in case

of a painting, statue, or statuary, he shall forfeit ten dollars for

every copy of the same in his possession, or by him sold or exposed

for sale: Provided, however, That in case of any such infringement

of the copyright of a photograph made from any object not a work of

fine arts, the sum to be recovered in any action brought under the

provisions of this section shall be not less than 100 dollars, nor

more than 5000 dollars, and: Provided further, That in case of any

such infringement of the copyright of a painting, drawing, statue,

engraving, etching, print, or model or design for a work of the fine

arts or of a photograph of a work of the fine arts, the sum to be

recovered in any action brought through the provisions of this section

shall not be less than 250 dollars, and not more than 10,000 dollars.

One-half of all the foregoing penalties shall go to the proprietors of

the copyright and the other half to the use of the United States.

ACT OF CONGRESS, JANUARY 6, 1897.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That section 4966 of the

Revised Statutes be, and the same is hereby amended so as to read as

follows:

SEC. 4966. Any person publicly performing or representing any dramatic

or musical composition for which a copyright has been obtained,

without the consent of the proprietor of said dramatic or musical

composition or his heirs or assigns, shall be liable for damages

therefor, such damages in all cases to be assessed at such sum

not less than 100 dollars for the first and 50 dollars for every

subsequent performance, as to the court shall appear to be just. If

the unlawful performance and representation be wilful and for profit,

such person or persons shall be guilty of a misdemeanour, and, upon

conviction, be imprisoned for a period not exceeding one year. Any

injunction that may be granted upon hearing, after notice to the

defendant by any circuit court of the United States, or by a judge

thereof restraining and enjoining the performance or representation of

any such dramatic or musical composition, may be served on the parties

against whom such injunction may be granted anywhere in the United

States, and shall be operative and may be enforced by proceedings to

punish for contempt or otherwise by any other circuit court or judge

in the United States; but the defendants in said action or any or

either of them may make a motion in any other circuit in which he or

they may be engaged in performing or representing said dramatic or

musical composition, to dissolve or set aside the said injunction

upon such reasonable notice to the plaintiff as the circuit court or

the judge before whom said motion shall be made shall deem proper;

service of said motion to be made on the plaintiff in person or on

his attorneys in the action. The circuit courts or judges thereof

shall have jurisdiction to enforce said injunction, and to hear and

determine a motion to dissolve the same, as herein provided, as fully

as if the action were pending or brought in the circuit in which said

motion is made.

The clerk of the court or judge granting the injunction shall, when

required so to do by the court hearing the application to dissolve

or enforce said injunction, transmit without delay to said court a

certified copy of all the papers on which the said injunction was

granted that are on file in his office.

ACT OF CONGRESS, MARCH 3, 1897.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That section 4963 of the

Revised Statutes be, and the same is hereby amended so as to read as

follows:

SEC. 4963. Every person who shall insert or impress such notice or

words of the same purport, in or upon any book, map, chart, dramatic

or musical composition, print, cut, engraving or photograph, or other

article, whether such article be subject to copyright or otherwise,

for which he has not obtained a copyright in this country; or shall

import any book, photograph, chromo, or lithograph or other article

bearing such notice of copyright, or words of the same purport, which

is not copyrighted in this country, shall be liable to a penalty of

100 dollars, recoverable one-half for the person who shall sue for

such penalty, and one-half to the use of the United States; and the

importation into the United States of any book, chromo, lithograph,

or photograph, or other article bearing such notice of copyright,

when there is no existing copyright thereon in the United States, is

prohibited: and the circuit courts of the United States sitting in

equity are hereby authorised to enjoin the issuing, publishing, or

selling of any article marked or imported in violation of the United

States copyright laws, at the suit of any person complaining of such

violation: Provided that this Act shall not apply to any importation

of or sale of such goods or articles brought into the United States

prior to the passage hereof.

SEC. 2. That all laws and parts of laws inconsistent with the

foregoing provisions be and are hereby repealed.

ADDENDUM

MUSICAL (SUMMARY PROCEEDINGS) COPYRIGHT ACT, 1902.

2 EDW. VII. c. 15.

Since this work went to press the Musical Copyright Bill mentioned

on page 231 has received the Royal Assent and become law. The Act

will come into operation on October 1, 1902, and its application is

limited to the United Kingdom. The Act gives the owner of copyright

music power to seize pirated copies of his works from any person who

may hawk, carry about, sell, or offer for sale the same. To exercise

this power he may proceed in one of two ways. He may apply to a court

of summary jurisdiction, and on _primâ facie_ evidence the court will

by order authorise a constable to seize the alleged pirated copies,

or he may without applying to the court himself authorise a constable

in writing to seize such copies. On the copies being seized by the

constable they must be brought before the court, and on proof that

they are pirated copies the court will order them to be destroyed or

delivered to the owner of the copyright. If the owner authorises the

seizure without an order from the court and fails to prove his case

he might be liable in damages. If, therefore, the owner is not quite

sure of his case he should first obtain the order of the court, which

will relieve him from all responsibility, except costs, in the event

of his failing. The Bill as originally brought into the House of Lords

contained a clause empowering a court of summary jurisdiction to

inflict a summary penalty on persons dealing with pirated music. It

also proposed to give the court power to order a constable to search

for pirated music on suspected premises. These remedies, however, were

considered by the House of Commons to be too drastic and were omitted

from the Act.

INDEX

The figures in black type indicate that the reference is to Part II.,

which deals with the Law of the United States.

Abandonment--

of copyright, 119

of right in unpublished work, 223

Abridgment--

of non-copyright literary matter constitutes a new book, 21, 25

whether an infringement of copyright, 114, =284=

Account of profits: _see_ Remedies, 80, =289=

Account-books of original pattern not protected as book, 242

Acquiescence, 87, =292=--

affects costs, 95

as ground of defence, 119

Acting: _see_ Performing Rights

Acts of Parliament, copyright in, 59, =241=

Adaptations of non-copyright work constitutes a new book, 25, =241=

Administrators, copyright passes to, 83, =275=

Advertisements, 18, 19, =240=

Aeolian, perforated scroll for, 33, 97, =276=

Agreements--

publishers', 227

printers', 230

Alien: _see_ International Copyright--

can acquire British copyright, =45=

whether book of alien author entitled to British copyright, 42

sculpture of alien artist, 162

painting, drawing, or photograph of alien artist, 170

what works of aliens can acquire copyright in the United States,

=247=

may sue in United States in respect of unpublished work, =299=

America: _see_ United States

_Animus furandi_, 100, =277=

Anne, Statute of, 4

Annotation, copyright in notes, 26, =241=

Anonymous Works--

entitled to copyright, 36

foreign publisher entitled to sue, 200

Application form, 24, =239=

Arrangement of old literary matter constitutes a new book, 21, 24,

=241=

Art: _see_ Paintings, Engravings, Sculpture, Photographs

Articles: _see_ Periodical Works

Artist: _see_ Author

Assignment--

of copyright in books--

before publication no writing required, 75

after publication must be in writing, 77

registration of assignment, 78

assignees right to sue, 79

partial assignment, 80

distinguished from licence, 81

of performing rights, 134--

writing required, 77, 134

do not pass with copyright, 134

entry on register, 135

provincial rights, 135

of copyright in engravings, 154

of copyright in sculpture, 164

of copyright in paintings, drawings, and photographs, 176

of copyright in the United States, =272=

Austria-Hungary: _see_ International Copyright

Author--

who is, of books, 62, =269=

joint authorship, 64, =270=

of paintings and drawings, 174

of photographs, 174, =270=

right of separate publication in contribution to periodical, 72

whether nationality or residence of author of a book material, 42

reputation of author who has parted with his copyright protected,

213, =297=

rights of foreign authors in the United States, =247=

Bankruptcy--

Barometer, no copyright in face of, 14, 32

Belgium: _see_ International Copyright--

signatory of Berne Convention, 194

proclaimed under Chace Act, =249=

Bequest, copyright passes by, 83, =275=

Berne Convention: _see_ International Copyright

Bible, =59=

Bills of sale, lists of, 21

Binding, passing off by similar, =298=

Blackstone's Commentaries, new edition of, 26

Blasphemous Works: _see_ Profane Works

Blind--

books for, entitled to copyright, 11

may be imported into United States, =295=

Book--

what is protected in a book, 10, =236=--

what physical form required, 11, =242=

what literary matter required, 13, =237-239=

what originality required, 15, =237=, =243=

examples of what are books, 16--

abridgments, 25

adaptations, 25, =241=

advertisements, 18, 19, =240=

application form, 24, =237=, =239=

catalogues, 18, =238=

Christmas card, 35

collection of cookery recipes, 24

conveyancing precedents, 23

cricket-scoring card, 31

dictionaries, 25, =239=

directories, 16, 17, =239=

face of barometer, 32

forms, 23, 24, =237=

"Guide to Science," 24

illustrations, 34

index, 27

lists from public documents, 21

list of foxhounds, 21

maps, 36

mechanical devices, 31

music, 36

new editions, 26, =242=

notes to non-copyright works, 26, =241=

railway ticket, 32

reports, 28, =240=

road-books, 16

scroll for mechanical instrument, 33

selections of non-copyright matter, 24, 25, =241=

sleeve chart, 32

sporting tips, 33

statistics, 20, =237=, =239=

tables of calculation, 23

telegraph codes, 20

time-tables, 22

topographical dictionary, 24

translations, 25

Booksellers, claim of perpetual copyright, 5

Border Minstrelsy--Lockhart's Notes, 26

British Museum--

delivery of copies to, 55

whether deposit of copy is publication, 39

Calculations, tables of, 23

Campbell's Poems, 112

Canada, copyright in, 188

Catalogues, 18, 19, =238=

Causing to be printed, 85

Causing to be represented, 139

Causing or procuring infringement of copyright in fine arts, 178

Certificate of registration, 53

Chart: _see_ Map

Chatterbox, =297=

Chili proclaimed under Chace Act, =249=

Codes, telegraph, 20

Colonial copyright, 186--

books, 186--

foreign reprints Act, 186

Canada, 188--

importation of foreign reprints into,

prohibited, 188

licence in Canada protected, 188

Imperial Copyright Acts have full force in Canada, 189

artistic works, 191--

not protected in colonies by imperial legislation, 192

Common Law Rights--

question of perpetual copyright, 5

common law rights in published work, 206, =296=--

passing off by similar title, 206

title must be known to public, 208

non-user of title, 208

no fraud need be proved, 209

must be calculated to deceive, 209

cases where injunctions granted, 209

cases where injunctions refused, 211

malicious criticism, 213

slander of title, 213

reputation of author who has parted with copyright protected, 213

right of employees to use materials acquired in their master's

service, 215

third party restrained who obtains material by procuring a breach of

faith or contract, 218

unpublished works, 220, =298=--

right of property in, 220

limited communication, 221

whether protected if immoral, 223

speeches and sermons, 223

letters, 225

Company of Stationers, origin of, 3

Composition--

what is, 15, 24

essential element of a book, 14

Cookery recipes, 24

Co-owners: _see_ Joint Owners

Corporation may be _ab initio_ proprietor of copyright, =272=

Costs of action--

books, 46, 95

performing rights, 144

engravings, 156

sculpture, 164

Crown--

ancient royal prerogative, 3

present claims of, 59

Criticism, extracts for purpose of, 111

Customs, seizure by, 91

"Daisy Bell," 125

Damages: _see_ Remedies, 80, =290=

Death--

devolution of copyright on, 83

publishing agreement terminated by, 227

Delay, 87, =292=--

affects costs, 95

ground of defence, 119

Delivery up of copies, 89--

books, 89--

demand in writing, 89

piratical copies made before plaintiff's registration, 89

when piratical copy not merely reprint, 90

delivery up for cancellation, 90

engravings, 155

paintings, drawings, and photographs, 178

in the United States, =290=

Denmark, proclaimed under Chace Act, =249=

Dictionary, 25, =239=

Digest infringing headnotes in reports, 111

Directories--

infringement of, 106, 108

Discovery, 94

Dramatic piece: _see_ Performing Rights

Dramatization--

whether infringement of novel, 114

of non-copyright work constitutes a new book, 25

Drawings: _see_ Paintings, Drawings, and Photographs

Drummond's "Evolution of Man," =297=

Drunken scrawl, no copyright in, 14

Duration of Copyright--

books, 56

new editions, 26, 57

Duration of Copyright _(continued_)--

performing rights, 126

engravings, 152

sculpture, 163

paintings, drawings, and photographs, 174

Crown, 59

universities, 61

foreign works, 200

United States, =267=

Editions: _see_ New Editions

Employer, rights of--

books--

joint employers, 71

under section 18, 66

apart from section 18, 73

right to prevent employees using material acquired in master's

service, 215

engravings, 153

sculpture, 164

paintings, drawings, and photographs, 175

United States, =271=

Encyclopædias, 57, 110

"Encyclopædia Britannica," =298=

Engravings--

what is an original engraving, 146

map, chart, or plan, whether protected under Engravings Acts, 148

engravings in a book, 149

must engraving be made within British dominions, 150

engraving must be first published within British dominions, 150

date of first publication and proprietor's name must be engraved

on, 151

immoral works, 152

duration of protection, 152

owner of copyright in engraving, 152--

the engraver, 152

the employer, 153

the assignee, 154

infringement of copyright, 155

prohibited acts and remedies, 155

summary proceedings, 156

guilty knowledge, 156

limitation of action, 156

costs, 156

copying for private use, 156

what is a piratical copy, 156--

taking part, 157

photograph of, 157

how far design protected, 157

striking from lawful plate no infringement, 159

licence a defence, 159

Executors, copyright passes to, 83, 275

Extracts--

taking of, 108

for purpose of criticism, 111

selection of may be a copyright work, 24, 25, =241=

Evidence, 92

FAIR use of copyright works, 103, 281

False entries on register, 54

False name on picture, 180

Fine arts: _see_ Paintings, &c.

Foreign reprints--

prohibition against importation, 84, 91

Colonial Act, 186

Foreign works: _see_ International Copyright

Forfeiture of copies: _see_ Delivery up of copies

Forms, 23, 24, =237=

Foxhounds, list of packs and hunting days, 21

_Fram_ Expedition, =296=

France: _see_ International Copyright--

signatory of Berne Convention, 194

proclaimed under Chace Act, =249=

Fraud: _see_ Passing off--

whether fraudulent book entitled to copyright, 46

GARFIELD, biography of, =278=

Germany: _see_ International Copyright--

signatory of Berne Convention, 194

proclaimed under Chace Act, =249=

"Golden Treasury," 25

"Guide to Science," 24

HAITI: _see_ International Copyright--

signatory of Berne Convention, 194

Hale, pleas of the Crown, 115

IGNORANCE no excuse for infringement of--

common law rights, 223

books, 85, 102

performing rights, 142, 143

engravings, 156

sculpture, 165

paintings, drawings, and photographs, 179

Illustrations--

no literary copyright when published separately, 14

may be protected under Engravings Acts, 149

Immoral works, 46, 152, 163, 174, 223, 231, =266=

Importation, 84, _287, 294_--

seizure by Customs, 84, 91

Importation (_continued_)--

penalty on importing or selling foreign copies, 84, 91

prohibition of books printed outside U. S. A., =294=

Indecent works, 46, 152, 163, 174

Infringement of copyright: _see_ Remedies Books--

what is a piratical copy, 96, 97, =276=--

substantial part, 97, =279=

_animus furandi_, 100, =277=

not necessarily for profit, 101

copy for private use, 102, =277= may be indirect and unintentional,

102, =277=

custom of trade, 102

fair use, 103, =281=

no monopoly, 103, =178=

facts may be taken, 104

schemes and ideas may be taken, 104, =282=

author must do his own work, 105

no excuse that he could easily have obtained same result, 109, =282=

work with different object, 109, =283=

extract for purpose of criticism, 111, =284=

improvement and addition no excuse, 112, _283_

dramatization of novel, 114

abridgments, 114, _284_

translations, 116, _286_

dramatic and musical performing rights: _see_ Performing Rights

engravings, 155, =276=

sculpture, 164

paintings, drawings, and photographs, 177, 181, =276=

Injunction: _see_ Remedies--

interlocutory, 87, =291=

final, 87, =291=

terms of, 88

probability of damage must be shown, 88

future number of periodical, 88

when difficult to enforce, 89

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 18 / 20 章

IV. The provisions of this Act shall not apply to any action or