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
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-- copyright passes to trustee, 83, =275=
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 copyright limited to statutory rights, 206 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-- copyright in, 16, 17, =239= 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-- copyright in, 146, =236=, =245= 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-- copyright in when published with book,14 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
International Copyright, 193-- copyright in foreign states, 193 copyright in works first produced in foreign states, 193 signatories of the Berne Convention, 194 what foreign works are entitled to protection, 195 when a work is deemed to be first produced, 195 work must be entitled to protection both in this country and in the country of origin, 196 unpublished works, 196 posthumous works, 197 authorised translations, 197 choregraphic works, 197 works produced in foreign countries before December 6, 1889, 197 formalities required in case of foreign works, 198 who are entitled to sue in respect of foreign works, 200 evidence of title to copyright in foreign work, 200 protection afforded to foreign works, 200 importation of copies printed in country of origin, 201 courts will not inquire into foreign remedies, 201 works published before December 6, 1887, 202 translating right, 203 articles in newspapers and periodicals, 204 photographic works, 204 performing rights, 204 extract and quotation, 205 adaptation and arrangement, 205
Interrogatories, 94
Intestacy, copyright passes on, 83, =275=
Italy: _see_ International Copyright-- signatory of Berne Convention, 194 proclaimed under Chace Act, =249=
JAPAN: _see_ International Copyright-- signatory of Berne Convention, 194
Johnson's "Prince of Abyssinia," 115
Joint owners, =270=-- authors, 57, 64 assignees, 79
Jurist Reports, 28
Jury, trial before, 94
LABELS, not protected, 168, =242, 246=
Law Reports-- copyright in, 28, =240= copyright formerly claimed by Crown, 59
Lectures, copyright in, 57-- common law rights in, 222
Letters, copyright in, 14, =243=-- common law rights in, 225 literary property in writer, 225 rights of receiver, 225 may be published to vindicate character, 226
Letter-file not protected as a book, =242=
Libel-- libellous works not protected, 46, 152, 163, 174 agreement to indemnify against action for, 229
Libraries: _see_ British Museum-- delivery of copies to, 55
Library of Congress-- provisions as to copyright records, =264= works may be imported for use of, =295=
Licence-- whether licensee can sue, 82, 177, =274= distinguished from assignment, 81 not to be presumed a sole licence, 82 whether licensor can sue without licence, 82 licence must be in writing, 83, 118, 159, 166 as a defence to infringement, 118, 159, 166, 184
Licensing statute, 4
Licensing Canadian Fisher Act, 188
Limitation of Action-- books, 91 engravings, 156 sculpture, 165 paintings, drawings, and photographs, 181 in the United States, =292=
Literary Property: _see_ Book, Author, Assignment, Infringement, Duration of Copyright, International Copyright, Lectures, Letters, Owner of Copyright, Performing Rights, Periodical Works, Registration, Remedies, Common Law Rights, United States
Literary matter required in book, 13
Literary merit: _see_ Merit
Living pictures, 182
Long Parliament, 4
Luxembourg: _see_ International Copyright-- signatory of Berne Convention, 194
MALICIOUS criticism, 213
Manuscript: _see_ Unpublished Work-- ownership of and right to publish, 74
## book in manuscript would probably be protected, 12, 38
Map, copyright in, 14, 236-- whether protected under Engraving Acts, 148
Mark Twain, 297
Master and servant-- master entitled to prevent servant using material acquired in his employment, 215 master's right to work of servant, 73
Mathematical calculations, 23
Mechanical instruments, no copyright in, 14, =242=-- not infringements of copyright, 97, =276=
Meeson and Welsby's Reports, 28
Merit, no literary merit required for book to obtain protection, 13, 16-- secus in the United States, =237=
Mexico proclaimed under Chace Act, =249=
Millais-- "The Huguenot," 157 "Ordered on Foreign Service," 173 "My First Sermon," 173
Monaco: _see_ International Copyright-- signatory of Berne Convention, 194
Music: _see_ Performing Rights-- copyright in, 36, 231 opera score infringed by dance music, 113 adaptations of music entitled to copyright, 130, =241=
Mutilation, author may prevent, 213, =297=
NAME-- assignee of copyright may publish under author's name, =297=
Napoleon III. Cartoons in _Punch_, 110
New editions-- new material in, is protected, 26, =242= slight corrections and verbal alterations, 27 registration of, 51 duration of copyright in, 57 passing off non-copyright edition for copyright one, =298=
Newspaper: _see_ Periodical-- protected as a book, 11 must be registered, 48
Norway: _see_ International Copyright-- signatory of Berne Convention, 194
Notes to non-copyright work protected, 26, =241=
Notice of objections, 92
Notice reserving performing rights in music, 131
Notice of copyright in United States, =255=
Novelty, not necessary in book, 15, 16
ORIGINALITY, what is an essential element of book, 15
Owner of copyright, who is-- certificate of registration _primâ facie_ proof of ownership, 53 Books-- the Crown, 59 the universities, 61 the author, 62, 269 the employer, 66, =271= the assignee, 74, =272= the licensee, 82 engravings, 152 sculpture, 164 paintings, drawings, and photographs, 174 in the United States, =269=
PAINTINGS, drawings, and photographs-- copyright in, 167, =236=, =246= what is an original work of art, 167 what artistic element required, 168 first publication if outside British dominion, destroys copyright, 168 what is publication of work of art, 169 artist must be British or resident within British dominions, 170 registration, 171-- what must be registered, 171 must be before infringement, 171 assignee must be registered, 172 short description of nature and subject of work required, 173 immoral works, 174 duration of protection, 174 sale without reserving copyright, 174 owner of the copyright, 174-- the author, 174 the employer, 175 the assignee, 176
## partial assignment, 176
whether licensee can sue, 176 infringement, 177-- prohibited acts and remedies, 177 causing or procuring infringement, 187 innocent agent, 179 unlawful copy, 179 separate offence, 179 no minimum penalty, 180 copying for private use, 180 on breach of contract, 180 affixing false name or initials, 180 fraudulently representing false authorship, 180 limitation of action, 181 photograph of picture sufficient evidence of, 181 what is piratical copy, 181-- no monopoly of subject-matter, 181 general idea may be taken, 182 material part, 183 indirect taking, 184 guilty knowledge, 184 replicas, 184 licence a defence, 184
"Paradise Lost," with notes, 26
Parliamentary papers, 60
Part of a book entitled to copyright, 12
## Particulars, 94
Partners-- firm name of publishers may be entered in register, 52
Passing off: _see_ Common Law Rights-- by similar title, 204, =296= by similar binding, =298= of non-copyright edition for a copyright one, =298=
Patents, specification of, 21
Pattern sleeve, no copyright in, 14, 32, =242=
Payment-- of author essential under section 18, 71
Penalties: _see_ Remedies
Performance, no infringement of copyright, 120
Performing rights-- nature of, 120 performing right at common law, 121 history of protection of performing rights, 122 what is a dramatic work, 123 what dramatic works are protected, 126 duration of performing rights, 126 if first published or performed outside the British dominions, 128 what is a musical composition, 130 what musical works are protected, 130 notice reserving musical performing rights, 131 registration of performing rights, 131 assignment of performing rights: _see_ Assignment Infringement of dramatic performing rights, 135, =286= Infringement of musical performing rights, 142, =287= remedies for infringement of performing rights, 144
Periodical works-- proprietor's copyright in, 66 author's separate rights to contributions, 72 duration of protection, 57 first number only need be registered, 51 articles may be copied from foreign periodicals, 204
Perpetual copyright-- question of, 5 in the universities, 61
Persons liable for infringement of copyright-- books, 85 performing rights, 139, 142, 143 engravings, 156 sculpture, 165 paintings, drawings, and photographs, 178 United States copyright, =291=
Photographs: _see_ Paintings, Drawings, and Photographs-- who is author of, 174 who is owner of copyright in portrait, 175 foreign photographs, 204 protection in the United States, =236=, =245=
Pianola, perforated scroll for: _see_ Mechanical Instruments
Piracy: _see_ Infringement-- whether piratical book entitled to copyright, 46
Playwright: _see_ Performing Rights
Pleading, 92, =293=
Portugal proclaimed under Chace Act, =249=
Posthumous works, 57, 197
Prayer Book, 59
Preamble of Literary Copyright Act, 14
Precedents, 23
Printers' agreements, 230 lien for printing charges, 230 omission to print name and address on book, 230 no payment before completion of order, 230 printer does not insure manuscript, 230 universal works, 231
Prints: _see_ Engravings
Profane works not protected, 46, 152, 163, 174
Proprietor of collective work: _see_ Periodical Works
Public Authorities Protection Act, 92, 144
Public documents-- selection from, constitutes a copyright work, 21 no copyright in mere transcript of, 21
Publication-- Books-- divests the common law right, 36 divestitive publication, 37 performance of music or drama, 37 delivery of lectures, 37 book privately distributed, 37
## book issued to subscribers, 37
music hall programme, 38 public exhibition of book, 38 invests the statutory copyright, 38 investitive publication, 38 whether book must be printed, 38 whether distribution of copies necessary, 39 deposit of copy in British Museum, 39 proof of publication, 39
## book must be first published within British dominions, 40
may be written anywhere, 41 whether it must be printed within British dominions, 40 previous performance abroad of dramatic or musical work, 41 notice of objection as to, 92 engravings, 150 sculpture, 162 paintings, drawings, and photographs, 169 time of first publication must be registered to the day, 51 United States, =260= name must be entered on register, 49 liable for non-delivery to libraries, 55
Publishers' agreements, 227-- not assignable unless so expressed, 227 terminated by death, 227 specific performance, 227 agreement not to publish elsewhere, 228 agreements not to write or publish similar works, 228 price and embellishments, 229 copyright, owner of, should be stated, 229 libel, agreement to indemnify against action for, 229 writing, when required, 230 stamp, when required, 230
Purpose for which literary matter composed immaterial, 12
QUOTATIONS: _see_ Extracts
RECTIFICATION of register, 54
Registration: _see_ Paintings, Drawings, and Photographs-- of books-- must be entered before action, 46 not necessary in action on performing right, 47 need not be before infringement, 47 cannot be effected before publication, 47 newspaper must be registered, 48 failure to register under Newspaper Libel Act does not affect copyright, 48 requisite entry, 49 fee for registration, 49 inspection of register, 49 actual title must be registered, 49 whether copyright must be distinguished from non-copyright matter, 50 immaterial that some copies are published under different title from title registered, 50 time of first publication must be entered to the day, 51 periodical, date of first number only, 51
## action against proprietor for publishing separately requires no
registration, 52 first publisher must be entered, 52 place of abode, 52, 53 proprietor at time of registration must be entered, 52 plaintiff must appear on the register, 53 registration of mesne assignments, 53 neglect of officials at Stationers' Hall, 53 superfluous matter on register immaterial, 53 certificate of registration, 53 registration _primâ facie_ proof, 53 false entries, 54 rectification of register, 54 notice of objection as to, 92
Remedies-- for infringement of books, 84, =287=-- damages, 86, =290= account of profits, 86, =289= injunction, 86, =291= delivery up of copies, =89=, =290= seizure under Customs Act, 91 importing or selling foreign copies, 81, 91 limitation of action, 91, =292= pleading, 92, =293= for infringement of performing rights, 144, =289=-- of engravings, 155, =288= of sculpture, 164, =288= of paintings, drawings, and photographs, 177, =288=
Reports: copyright in-- law reports, 28, =240= head notes, 28, 111 verbatim reports of speeches, 29 verbatim reports of judgments, 31 reports laid before Parliament, 60
Reputation, author may protect his, 213, =297=
Road-books, 16
Rosebery, Lord; reports of speeches in _Times_, 29
SCULPTURE-- copyright in, 161, =236= what is an original sculpture, 161 must be first published within British dominions, 162 what is publication of, 162 whether author must be British, 162 proprietor's name and date on each copy, 162 immoral works, 163 duration of protection, 163 owner of copyright, 164-- artist, 164 employer, 164 assignee, 164 infringement of copyright, 164 prohibited acts and remedies, 164 guilty knowledge, 165 limitation of action, 165 copying for private use, 165 what is a piratical copy, 165 copying design in other form of art, 165 licence a defence, 166
Seditious works not entitled to protection, 46, 152, 163, 174
Selections: _see_ Extracts
Separately published, meaning of, 12
Sermons: _see_ Speeches
Sheet of letterpress protected as a book, 11, =242=
Ship on fire, 123
Shorthand-- copyright in reports, 29 shorthand copy is infringement of book, 110
## book in shorthand would be protected, 11
Slander of title, 213
Sleeve pattern, not a book, 14
Smith's "Leading Cases," 28, 111
Spain: _see_ International Copyright-- signatory of Berne Convention, 194 proclaimed under Chase Act, =249=
Speeches-- speakers' rights in, 223 copyright in shorthand report of, 30
Stamp-- what stamp required on copyright agreements, 230
Star chamber, 4
Stationers' Hall: _see_ Registration-- origin of company, 3 neglect of officials at Stationers' Hall, 53
Statistics, 20, =237=
Statue: _see_ Sculpture
Statutes: _see_ Acts of Parliament
Suppression of books, provision against, 119
Switzerland: _see_ International Copyright-- signatory of Berne Convention, 194 proclaimed under Chace Act, =249=
Term Reports, 28
Thackeray, extracts from, 112
Time-tables, copyright in, 22
_Times_, reports of Lord Rosebery's speeches, 29
Title: _see_ Common Law Rights; Passing off-- passing off by similar title, 206, =296= no copyright in title, 208, =244= slander of title, 213 actual title must be registered, 49
Topographical Dictionary, 24
Translations-- give no exclusive right to translate a non-copyright work, 25 whether an infringement of copyright, 116 translating rights in foreign works, 203
Trial, mode of, 94
Tunis: _see_ International Copyright-- signatory of Berne Convention, =194=
UNITED STATES-- copyright in, =233= what works protected in, =236= rights of foreign authors, =247= formalities which must be observed in, =250=-- delivery of title or description, =250, 251, 253= delivery of copies or photograph, =250, 253= books, chromos, lithographs, and photographs must be printed in United States, =254= notice of copyright must be printed on each copy, =255= publication, =260= Library of Congress, =264= immoral works, =266= duration of copyright in, =267= owner of copyright in-- author, =269= employer, =271= state, =272= assignee, =272= infringement of copyright-- what is a piratical copy, =276= prohibited acts and remedies, =287=
Universities, copyright of, 61
Unpublished work: _see_ Common Law Rights
WEBSTER'S Dictionary, =297=
Will, copyright passes by, 83, =275=
Word, no copyright in single, 14, 34
Printed by BALLANTYNE, HANSON & CO. Edinburgh & London
FOOTNOTES:
[1] "The Law and History of Copyright in Books," by Augustine Birrell, 1899.
[2] 13 and 14 Car. 2, c. 33.
[3] _Eyre_ v. _Walker_ (1735), 4 Burr., 2325; _Motte_ v. _Falkner_ (1735), 4 Burr., 2326; _Walthoe_ v. _Walker_ (1736), 4 Burr., 2326; _Tonson_ v. _Walker_ (1752), 4 Burr., 2326.
[4] (1760), 1 W. Black, 301.
[5] _Osborne_ v. _Donaldson_ (1765), 2 Eden, Ch. Cas., 327.
[6] (1769), 4 Burr., 2303.
[7] (1774), 2 Bro. P. C., 129.
[8] (1769). 4 Burr., 2303.
[9] 5 & 6 Vict. c. 45, secs. 15, 2.
[10] _Infra_, Section I.
[11] _Infra_, Section II., p. 36. Foreign works first published in certain foreign countries are protected subject to the conditions of the International Copyright Acts, and are dealt with in a separate chapter.