Chapter LXXXI: Section 6: of 15 & 16 Vict. c. 12 to dramatic pieces referred to in (2)

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. Chapter X., p. 193.

[12] This requisite for protection is extremely doubtful. Probably there is no restriction as to nationality of the author. See _infra_,