Abbildungen der Seite

said, that in cases where the work contained criminal matter, the Court, by refusing the injunction, allowed the greater latitude for its dissemination. But his answer to that was, that this Court possesses no criminal jurisdiction. It could only look at the civil rights of the parties ; and therefore, whether a different proceeding were hereafter instituted against the defendant or the plaintiff, or both, was a circumstance with which he had nothing to do."

TITLE TO COPYRIGHT IN ARTICLES IN ENCYCLOPÆDIAS AND PERIODICALS. - The 5 & 6 Vict. c. 45. s. 18. enacts, that when a publisher or other person shall, before or at the time of the passing of this act, have projected, conducted, or carried on, or shall hereafter project, conduct, or carry on, or be the proprietor of any encyclopædia, review, magazine, periodical work, or work published in a series of books or parts, or any book whatsoever, and shall have employed or shall employ any persons to compose the same, or any volumes, parts, essays, articles, or portions thereof, and this shall have been done on the terms that the copyright shall belong to such proprietor, projector, publisher, or conductor, then, on payment by him, the copyright in every such composition shall be his property to the full extent, and for. the same term, as are given by this act to the authors of books.

In the case, however, of essays, articles, or portions forming part, and first published in reviews, magazines, or other periodical works of a like nature, the section makes this exception : that, after twenty-eight years from their first publication, the right of publishing them in a separate form shall revert to the author for

the remainder of the term given by this act. But, during the twenty-eight years, the proprietor of the review, magazine, or similar periodical, cannot publish an article separately, without the previous consent of the author or his assignees.

There is then a proviso which affects encyclopædias, reviews, and all the publications mentioned in the section: it is this — that an author may publish his composition in a separate form, if, by contract, express or implied, he have reserved the right to do so ; but he will be entitled to the copyright in his composition when so separately published, according to this act, without prejudice to the rights of the pro. prietor of the encyclopædia or periodical.

LETTERS. -- The law as to copyright in letters is this. If the letters be originally intended for the press, the form of epistolary writing being merely given to the work, whilst in reality it is a literary composition, such letters will of course come within the law which protects every other kind of literary production. As to letters which have passed from one person to another, but which, from their subject, or the character of the author, assume the nature of a literary composition, their transmission by the writer to the person to whom they are addressed does not give the receiver any right to publish them ; but with regard to common letters, such as are written on business, and on every other subject that may occur in the intercourse of private life, they cannot be considered as literary compositions, and are not entitled to protection on the ground of copyright; although courts of equity may sometimes interpose to stop their publication, when such publication is a breach of contract or confidence, or when they are intended to be made a source of profit at the risk of wounding private feelings: Pope v. Curl, 2 Atk. 342.; Thompson v. Stanhope, Amb. 737.; — v. Eaton, 2 V. & B. 27.; E. of Granard v. Dunkin, 1. Ball & Beat. 207.; Godson on Patents, last ed. 327.

LECTURES. - By the 5 & 6 W. 4. c. 65. (an act for preventing the publication of lectures without consent), s. 1., the author, or his assignee, of lectures to be delivered in any school, seminary, institution, or other place, has the sole right of publishing them; and every person who obtains, by taking down in shorthand, or through any other means, a copy of the lectures, and publishes them without leave of the author or his assignee, and every person who knowingly sells or offers for sale lectures so unlawfully published, shall forfeit the illegal copies of the lectures, together with one penny for every sheet of them found in his custody, one moiety to the crown and the other moiety to the party suing for it. The 2nd section of the same statute inflicts a like penalty on the printers and publishers of newspapers, who publish such lectures with out leave of the author or his assignee. By the 3rd section, persons allowed, on payment of fees, to attend lectures, are not licensed, on that account, to publish them. By the 4th section, the act does not prohibit the publication of lectures which have been published with the leave of the author or assignee, and of which the literary copyright given by the 8 Anne, c. 19. and the 54 G. 3. c. 156. has expired; nor does it prohibit the publication of lectures which have been printed or published before the passing of this act, the 9th Sept. 1835. The 5th section provides that

the act shall not extend to lectures of the delivery of which notice in writing has not been given to two magistrates living within five miles of the place of delivery, two days at least before the delivery ; nor is it to extend to lectures delivered in a university or public school, or college, or on a public foundation, or by an individual in virtue of any gift, endowment, or foundation.

As far as regards lectures printed and published by the author or his assignee, they will now have the same term of copyright as is given to other literary productions by the 5 & 6 Vict. c. 45. The above act, however, remains valid to prevent the piratical publication of those lectures it protects, when only orally delivered by their author.

NEWSPAPERS. — The publication of newspapers is now regulated by the 6 & 7 W. 4. c. 76. The principal features of that statute are, — The declaration to be delivered at the stamp office, previous to first publication, containing the title of the newspaper, the name of its place of printing and publishing, and the names, additions, and places of abode of its printer, publisher, and proprietor, under penalty of 501. for each publication, in case of omission. The giving of a distinct die or mark to each newspaper. The filing of the declaration at the stamp office, and a copy of it being made evidence. The names and residences of the printers and publishers, and the date of publication, being required to appear at the end of every newspaper. The delivery of two copies of each newspaper, signed by the printer or publisher, to the commissioner of stamps, under a penalty of 201. for omission ; and such copies being, within two years after publication, evidence in any court of justice. The stamp, and the regulations and penalties relating thereto.


· The 5 & 6 Vict. c. 45. provides for the registration of literary copyright at Stationers' Hall. Pursuant to the 11th section of that statute, a book of registry is to be kept at the hall of the Stationers' Company, by an officer appointed by the company, and in it is to be registered the proprietorship in the copyright of books and their assignments; and in dramatic and musical pieces, whether in manuscript or otherwise, and licences affecting such copyright. This book of registry is to be at all convenient times open to the inspection of any person, on payment of one shilling for every entry searched for or inspected in it. The officer of the company, whenever reasonably required, is to give to any person requiring it, on payment of five shillings, a copy of an entry in the book of registry, certified under his hand, and impressed with the stamp of the company provided for the purpose. A copy so certified and impressed is receivable in evidence in all courts and summary proceedings, and is primâ facie proof of the proprietorship or assignment of copyright or licence, but subject to be rebutted by other evi. dence: so in the case of dramatic or musical pieces, such copy is prima facie proof of the right of representation or performance, subject also to be rebutted by other evidence. The 13th section of the same statute gives directions for making entry in the book of registry. Pursuant to that section, the proprietor of

« ZurückWeiter »