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linens, cottons, calicoes, muslins, and any other article within the meaning of the above-mentioned
acts : 2. the modelling or casting, or the embossment, or
the chasing or engraving, or any other kind of impression or ornament, on any article of manufacture, not being a tissue or textile fabric. If such article were of metal, or mixed metals, the
copyright was for three years: 3. the shape or configuration of any article of manufacture, except lace, and except linens, cottons, calicoes, muslins, and any other article
within the meaning of the above-mentioned acts. This act gave the copyright, on the conditions of registering, and of marking, after publication of the design, on every article to which it was applied, the name of the proprietor, the number of the design in the register, and the date of registration. The act forbade piracy, and enacted penalties against that offence: it also, for the purposes of the act, appointed a registrar of designs.
The New Law. - The 1st section of the 5 & 6 Vict. c. 100. (The New COPYRIGHT OF DESIGNS Act) repeals, after its coming into operation (the 1st of September, 1842), all the above statutes. The 2d section, however, provides that, notwithstanding such repeal, every copyright in force under the previous enactments shall continue so in force till its expiration ; and with regard to offences or injuries committed against any such copyright before this act shall come into operation, every penalty and remedy in the previous enactments relating to such offences or injuries shall be applicable as if the acts had not been
repealed; but with regard to offences or injuries committed against any such copyright after this act shall come into operation, every penalty and remedy in this act relating to such offences or injuries shall be applicable as if the copyright had been conferred by this act. With this exception, the law regarding the copyright of designs will be entirely included in this recent enactment of the 5 & 6 Vict. passed on the 10th of August, 1842. What here follows, therefore, is an analysis of the remaining sections of that statute. The reader is also referred to the act itself in the Appendix.
THE SUBJECT OF THE COPYRIGHT. — The copy. right is given to any new and original design, (except designs for articles mentioned in the two statutes relating to sculpture), whether such new and original design be applicable to the ornamenting,
1. of any article of manufacture;
partly artificial and partly natural ;
or for any two or more of such purposes; and by whatever means the design may be so applicable, whether by
embossing, modelling, engraving, casting,
staining, or by any other means whatsoever, manual, mechanical, or chemical, separate or combined.
THE NATURE AND DURATION OF THE COPYRIGHT. -The copyright itself is this — The proprietor of every such above-mentioned design, not previously published in the United Kingdom or elsewhere, is to have the sole right, provided it be done in the United Kingdom, of applying the design to any of the above-mentioned articles or substances for the respective terms, as follow :
Class 1. Articles composed wholly or
chiefly of METAL or MIXED
For THREE YEARs, in
respect to the application of the design to ornamenting any article of manufacture contained in
Class 2. Articles composed wholly or
chiefly of wood. Class 3. Articles composed wholly or
chiefly of Glass.
chiefly of EARTHENWARE.
of LINEN, COTTON, WOOL,
For Nine CALENDAR
Months, in respect of the application of the design to ornamenting any article of manufacture contained in
Class 7. Shawls, if the design be ap
plied solely by printing, or by any other process by which colours are or may hereafter be produced on
tissue or textile fabrics. 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.
For TWELVE CALENDAR
Months, in respect of the application of the design to ornamenting any article of manufacture or substance contained in
Class 12. Woven FABRICS, not com
prised in any preceding
class. Class 13. Lace, and any article of
manufacture or substance not comprised in any preceding class. (s. 3.)
CONDITIONS OF COPYRIGHT. Pursuant to the 4th section of the 5 & 6 Vict. c. 100. the conditions on which such copyright is to be obtained are as follow:
1. Registration of the design before its publication. 2. Specification, at the time of registration, of the
number of the class of the article of manufacture or substance, in respect to its application to which the design is registered.
numberonce, the letter if it beric for pp
3. Registration, as proprietor of the design, of the
name of the person registering. 4. Marking, after publication, on the article or sub
stance to which the design is applied, at one end if the article be a woven fabric for printing, or at the end or edge, if it be of any other kind or substance, the letters R! *, together with such numbers or letters, and in such form, as correspond with the date of registration in the registrar's office. These marks may be put on the article, either on the material itself or on a
label attached to it. (s. 4.) EXPLANATION OF THE TERM “PROPRIETOR.” — The author of a new and original design is to be considered its proprietor, unless he have executed the work for another person for a good or a valuable consideration ; in which case such person is to be considered the proprietor, and is entitled to registration in place of the author. Every person acquiring for a good or a valuable consideration a new and original design, or the right to its application to the abovementioned articles or substances, either exclusively of any one else or otherwise, and every person upon whom the property in a design or the right to its application may devolve, shall be considered the proprietor of the design, in the respect in and to the extent which such property may have been acquired, but not otherwise. (s. 5.)