« ZurückWeiter »
No. 5. FORM OF ENTRY OF ASSIGNMENT OF COPYRIGHT IN ANY
BOOK PREVIOUSLY REGISTERED.
5 & 6 Vict. c. 100. An Act to consolidate and amend the Laws
relating to the Copyright of Designs for ornamenting Articles of Manufacture.
[10th August, 1842.]
WHEREAS by the several acts mentioned in the schedule (A.) to this act annexed, there was granted, in respect of the woven fabrics therein mentioned, the sole right to use any new and original pattern for printing the same during the period of three calendar months : and whereas by the act men
Commence ment of act, and repeal of former acts.
tioned in the schedule (B.) to this act annexed, there was granted, in respect of all articles, except lace, and except the articles within the meaning of the acts hereinbefore referred to, the sole right of using any new and original design, for certain purposes, during the respective periods therein mentioned ; but forasmuch as the protection afforded by the said acts in respect of the application of designs to certain articles of manufacture is insufficient, it is expedient to extend the same, but upon the conditions hereinafter expressed ; now, for that purpose, and for the purpose of consolidating the provisions of the said acts, be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That this act shall come into operation on the first day of September one thousand eight hundred and forty-two, and that thereupon all the said acts mentioned in the said schedules (A.) and (B.) to this act annexed shall be and they are hereby repealed.
II. Provided always, and be it enacted, That notwithstanding such repeal of the said acts, every copyright in force under the same shall continue in force till the expiration of such copyright; and with regard to all offences or injuries committed against any such copyright before this act shall come into operation, every penalty imposed and every remedy given by the said acts, in relation to any such offence or injury, shall be applicable as if such acts had not been repealed; but with regard to such offences or injuries committed against any such copyright after this act shall come into operation, every penalty imposed and every remedy given by this act, in relation to any such offence or injury, shall be applicable as if such copyright had been conferred by this act.
III. And with regard to any new and original design (except for sculpture and other things within
Proviso as to existing...
Grant of copyright.
the provisions of the several acts mentioned in the schedule (C.) to this act annexed), whether such design be applicable to the ornamenting of any article of manufacture, or of any substance, artificial or natural, or partly artificial and partly natural, and that whether such design be so applicable for the pattern, or for the shape or configuration, or for the ornament thereof, or for any two or more of such purposes, and by whatever means such design may be so applicable, whether by printing, or by painting, or by embroidery, or by weaving, or by sewing, or by modelling, or by casting, or by embossing, or by engraving, or by staining, or by any other means whatsoever, manual, mechanical, or chemical, separate or combined ; be it enacted, That the proprietor of every such design, not previously published, either within the United Kingdom of Great Britain and Ireland, or elsewhere, shall have the sole right to apply the same to any articles of manufacture, ar to any such substances as aforesaid, provided the same be done within the United Kingdom of Great Britain and Ireland, for the respective terms hereinafter mentioned, such respective terms to be computed from the time of such design being registered according to this act; (that is to say,) In respect of the application of any such design
to ornamenting any article of manufacture contained in the first, second, third, fourth, fifth, sixth, eighth, or eleventh of the classes follow
ing, for the term of three years : In respect of the application of any such design
to ornamenting any article of manufacture contrined in the seventh, ninth, or tenth of the classes following, for the term of nine calendar months : In respect of the application of any such design
to ornamenting any article of manufacture or substance contained in the twelfth or thirteenth of the classes following, for the term of twelve calendar months :
Class 1. - Articles of manufacture com.
posed wholly or chiefly of any metal or
mixed metals: Class 2. – Articles of manufacture com
posed wholly or chiefly of wood : Class 3.--Articles of manufacture composed
wholly or chiefly of glass : Class 4.- Articles of manufacture composed
wholly or chiefly of earthenware: Class 5. — Paper-hangings : Class 6.- Carpets : Class 7.- Shawls, if the design be applied
solely by printing, or by any other process by which colours are or may hereafter be
produced upon tissue or textile fabrics : Class 8. — Shawls not comprised in Class 7: Class 9. -Yarn, thread, or warp, if the
design be applied by printing, or by any other process by which colours are or may
hereafter be produced : Class 10. — Woven fabrics, composed of
linen, cotton, wool, silk, or hair, or of any two or more of such materials, if the design be applied by printing, or by any other process by which colours are or may hereafter be produced upon tissue or textile fabrics; excepting the articles included
in Class 11 : Class 11. - Woven fabrics, composed of
linen, cotton, wool, silk, or hair, or of any two or more of such materials, if the design be applied by printing, or by any other process by which colours are or may hereafter be produced upon tissue or textile fabrics, such woven fabrics being or coming within the description technically called furnitures, and the repeat of the design whereof shall be more than twelve inches by eight inches :
Class 12.-Woven fabrics, not comprised in
any preceding class :
facture or substance not comprised in any
preceding class. IV. Provided always, and be it enacted, That no Conditions of person shall be entitled to the benefit of this act, copyrig with regard to any design in respect of the applicacation thereof to ornamenting any article of manufacture, or any substance, unless such design have before publication thereof been registered according Registration to this act, and unless at the time of such registra. tion such design have been registered in respect of the application thereof to some or one of the articles of manufacture or substances comprised in the abovementioned classes, by specifying the number of the class in respect of which such registration is made, and unless the name of such person shall be registered according to this act as a proprietor of such design, and unless after publication of such design every such article of manufacture, or such substance to which the same shall be so applied, published by him, hath thereon, if the article of manufacture be à woven fabric for printing, at one end thereof, or, if of any other kind or such substance as aforesaid, at the end or edge thereof, or other convenient place thereon, the letters “Rd,” together with such num. Marks deber or letter, or number and letter, and in such form register
registered as shall correspond with the date of the registration design. of such design according to the registry of designs in that behalf; and such marks may be put on any such article of manufacture or such substance, either by making the same in or on the material itself of which such article or such substance shall consist, or by attaching thereto a label containing such marks. · V. And be it enacted, That the author of any The term
“proprietor" such new and original design shall be considered the exploat proprietor thereof, unless he have executed the work on behalf of another person for a good or a valuable