Abbildungen der Seite
PDF
EPUB

be liable to an action in the court of Sessions there, to be brought and prosecuted in the same manner as are other actions of damages there to the like amount.

To commence the action at law previous registration is necessary, pursuant to the 5 & 6 Vict. c. 45. S. 24.

SUMMARY PROCEEDINGS FOR IMPORTATION, &c., OF PIRATED Books. — The 17th section of the 5 & 6 Vict. enacts, that after the passing of this act, it shall not be lawful for any person, not the proprietor of the copyright or some one authorised by him, to import into the United Kingdom, or other parts of the British dominions for sale or hire, any printed book, first composed or written, or printed and published, in the United Kingdom, wherein there is copyright, and reprinted in any country or place out of the British dominions ; and if any person, not the proprietor or party authorised by him, shall import or bring, or cause to be imported or brought,

for sale or hire, any such printed book into the

British dominions, contrary to this act; or shall knowingly sell, publish, or expose to sale,

or let to hire, or have in his possession for sale

or hire, any such book ; then, every such book shall be forfeited, and be seized and destroyed by any officer of the customs or excise; and every person so offending shall, on due conviction before two magistrates of the county or place where such book is found, forfeit the sum of ten pounds, and double the value of every copy of such book so unlawfully imported, sold, published, or exposed to sale, or let to hire, or had in possession for sale or hire: five pounds of this penalty are to go to the officer of cus

toms or excise making the seizure, and the remainder to the proprietor of the copyright.

PROHIBITION IN ANY CASE TO IMPORT PIRATED Books. - Pursuant to the 3 & 4 W. 4. c. 52. s. 58., books first composed, or written, or printed in the United Kingdom, and printed or reprinted in any other country, imported for sale, except books not reprinted in the United Kingdom within twenty years, or being parts of collections the greater parts of which had been composed or written abroad, are absolutely prohibited to be imported into the United Kingdom. This enactment will, however, be repealed after the 1st of April, 1843, by the 5 & 6

Vict. c. 47. s. 23., which statute extends the prohibition to the importation of similar books in every case, whether for sale or otherwise. For by the 24th section of the 5 & 6 Vict. c. 47., a statute relating to the customs, it is enacted, that after the 1st of April, 1843, all books, having copyright, first composed, or written, or printed in the United Kingdom, and printed or reprinted in any other country, shall be absolutely prohibited to be imported into the United Kingdom. The 25th section of the same statute, however, provides that no such books shall be prohibited to be imported, unless the proprietor of the copyright or his agent shall give notice in writing to the commissioners of the customs that such copyright subsists, and in the notice state when the copyright will expire; and the commissioners of the customs shall cause to be exposed at the several ports of the United Kingdom, from time to time, printed lists of the works respecting which the notice shall have been

duly given, and of which the copyright shall have expired.

RighT OF THE PARTY INJURED TO THE PIRATED COPIES. — Pursuant to the 23d section of the 5 & 6 Vict. c. 45., all copies of any book having copyright, and entered in the registry book, which have been unlawfully printed or imported, without the previous written consent of the registered proprietor of the copyright, shall be deemed the property of such registered proprietor; and after demand in writing he will be entitled to sue for and recover such printed copies, or damages for their detention, in an action of detinue from any party detaining them, or to sue for and recover damages for their conversion in an action of trover.

RULES AS TO LEGAL PROCEEDINGS REGARDING

LITERARY PROPERTY.

RULE AS TO REGISTRATION. — The first principal rule, to which we have already repeatedly alluded, is that contained in the 24th section of the 5 & 6 Vict. c. 45., which enacts, “ that no proprietor of copyright in any book which shall be first published after the passing of this act, shall maintain any action or suit at law or in equity, or any summary proceeding in respect of any infringement of such copyright, unless he shall, before commencing such action, suit, or proceeding, have caused an entry to be made in the book of registry of the Stationers' Company of such book, pursuant to this act.”

RULE AS TO ACTIONS FOR PIRACY. - The 16th section of the 5 & 6 Vict. c. 45. enacts, that after

the passing of that act, in any action brought with. in the British dominions against a person for printing a pirated book for sale, hire, or exportation, or for im. porting, selling, publishing, or exposing it to sale or hire, or causing it to be imported, sold, published, or exposed to sale or hire, the defendant, on pleading to the action, s hall give to the plaintiff a notice in writing of any objections on which he means to rely on the trial of the action. If the nature of the defence be, that the plaintiff in the action is not the author or first publisher of the book in which by the action he claims copyright, or that he is not the proprietor of the copyright, or that some other person than the plaintiff is the author or first publisher or proprietor of the copyright, then the defendant must specify in his notice the name of the person he alleges to have been the author, first publisher, or proprietor of the copyright, together with the title of the book, and the time and place of its first publication ; otherwise the defendant at the trial will not be allowed to give any evidence that the plaintiff is not the author, first publisher, or proprietor of the copyright. At the trial also no other objection will be allowed to be made on behalf of the defendant than the objections stated in his notice, nor can it then be urged that any other person is the author, first publisher, or proprietor, of the copyright, than the person specified in the defendant's notice; nor can any other book be given in evidence in support of the defence than the one substanstantially corresponding in title, time, and place of publication with the title, time, and place specified in the notice. RULE AS TO PLEADING THE GENERAL ISSUE, AND

TO Costs IN CERTAIN CASES. — The 26th section of the 5 & 6 Vict. c. 45, enacts, that if any action or suit be commenced or brought against any person for doing or causing to be done anything in pursuance of this act, the defendant may plead the general issue, and give the special matter in evidence ; and if upon such action a verdict be given for the defendant, or the plaintiff become nonsuited, or discontinue his action, then the defendant shall have and recover his full costs, for which he shall have the same remedy as a defendant has by law in any case. It should here be observed that, according to frequent decisions, the words in pursuance of this act do not only refer to those who have kept within the strict line of their duty, but also to those who intended to do so, but have by mistake gone beyond it. The general rule seems to be settled that persons who bona fide and honestly believe that they are acting in the execution of the powers conferred on them by such a statute as the above, are within its privilege, although in fact they may have mistaken the extent of their power, and have exceeded it, or failed to comply with the directions of the enactment: Smith v. Shaw, 10 B. & C. 284. See also Roscoe's N.P.E., 8th ed. p. 602. 624. · LIMITATION OF ACTIONS. - The 5 & 6 Vict. c. 45. $. 26. enacts that all actions, suits, bills, indictments, or informations for any offence committed against this act shall be commenced within twelve calendar months after the committing of the offence, or the same shall be void and of none effect; provided, that such limitation shall not extend to any actions, suits, or proceedings commenced under this act in respect of

« ZurückWeiter »