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in this act in the singular number or in the masculine gender, the same shall extend to any number of persons and to either sex.
1 & 2 Vict. c. 59. . An Act for securing to Authors, in certain
Cases, the Benefit of International Copyright.
[31st July, 1838.] Her Majesty, WHEREAS it is desirable to afford protection within by order in Council, may her Majesty's dominions to the authors of books direct that first published in foreign countries, and their asbooks first signs, in cases where protection shall be afforded in published in foreign
such foreign countries to the authors of books first
published in her Majesty's dominions, and their and their assigns, shall assigns; be it therefore enacted by the Queen's most have a copyop excellent Majesty, by and with the advice and con.
sent of the lords spiritual and temporal, and comwithin her
mons, in this present parliament assembled, and by dominions.
the authority of the same, That it shall be lawful for her Majesty, by any order of her Majesty in council, to direct that the authors of books which shall, after a future time to be specified in such order in council, be published in any foreign country to be specified in such order in council, and their executors, administrators, and assigns, shall have the sole liberty of printing and reprinting such books within the United Kingdom of Great Britain and Ireland, and every other part of the British dominions, for such term as her Majesty shall by such order in council direct, not exceeding the term which authors being British subjects are now by law entitled to in respect of books first published within the United Kingdom ; provided that no such author or his
right in such books
to be entered
assigns shall be entitled to the benefit of this act unless, within a time to be in that behalf prescribed by such order in council, the title to the copy of every such book, and the name and place of abode of the author thereof, and the time and place of the first publication thereof in such foreign country, shall be entered in the register book of the Company of Stationers in London; and unless, within a time Title of book to be also prescribed by such order in council, one at Stationers printed copy of the whole of such book and of Hall, and every volume thereof, upon the best paper upon delivered to which the largest number or impression of such house keeper. book shall have been printed for sale, together with all maps and prints relating thereto, shall be delivered to the warehouse keeper of the Company of Stationers at the hall of the said company. II. Provided always, and be it enacted, That if a In case of
books pubbook be published anonymously it shall be sufficient lished anonyto insert in the entry thereof in such register book mously, the the name and place of abode of the first publisher publisher to thereof, instead of the name and place of abode of " the author thereof, together with a declaration that such entry is made either on behalf of the author or on behalf of such first publisher, as the case may require..
III. And be it enacted, That every such entry Wrongful shall be primâ facie proof of a rightful first pub- tion may be
first publicalication ; but if there be a wrongful first publica- amended by
Court of tion, and any party have availed himself thereof to Chancery. obtain an entry of a spurious work, the author or his first publisher may apply by petition or on motion to the Court of Chancery to order such entry to be amended; but no such order shall be made unless it be proved to the satisfaction of the said court, first with respect to a wrongful publication in a country to which the author or first publisher does not belong, and in regard to which there does not subsist with this country any treaty of international copyright, that the party making the application was the author or first publisher, as the case requires ;
second, with respect to a wrongful first publication either in the country where a rightful first publication has taken place, or in regard to which there subsists with this country a treaty of international copyright, that a court of competent jurisdiction in any such country where such wrongful first publication has taken place has given judgment in favour of the right of the party claiming to be the
author or first publisher. Register book IV. And be it enacted, That such register book to be kept at
shall at all times be kept at the hall of the said Hall, and to
to company, and for every such entry the sum of two be open to inspection. shillings, and no more, shall be paid, and the same
register book may at all seasonable and convenient times be inspected by any person on payment of the
sum of one shilling, and no more, to the warehouse Certificate keeper of the said Company of Stationers; and by warehouse keeper. such warehouse keeper shall, when and as often as
thereto required, give a certificate under his hand of every or any such entry and delivery, and of the time of making the same respectively, and for every such certificate the sum of one shilling shall be paid; and such certificate, upon proof of the handwriting of the person signing the same, and that such person was in fact the warehouse keeper of the said company, shall without further proof be admitted in all courts as evidence of such entry and delivery, and of the time of making the same
respectively. Warehouse V. And be it enacted, That the said warehouse keeper to deposit books keeper shall receive at the hall of the said company in the British every book or volume so to be delivered as aforesaid, Museum.
and within one calendar month after receiving such book or volume shall deposit the same in the library
of the British Museum Second or VI. Provided always, and be it enacted, That it subsequent editions.
shall not be requisite to deliver to the warehouse keeper of the said Stationers' Company any printed copy of the second or of any subsequent edition of any book or books so delivered as aforesaid, unless
the same shall contain additions or alterations; and
council may : to be specified by such orders in council respectively specify a for the continuance of the privilege to be granted to ferent periods
for different the authors of books to be first published in foreign foreign councountries, and their respective assigns, may be different for books first published in different foreign countries, and that the times to be prescribed for the entry of the titles to the copies of such books, and the delivery to the said warehouse keeper of the aforesaid copy, may be different for different foreign countries and for different classes of books. VIII. And be it enacted, That if any bookseller Booksellers,
&c. who shall or printer, or other person whatsoever, in any part print, &c. of the United Kingdom of Great Britain and Ireland, any book to or in any other part of the British dominions, shall, in council
may extend, within the term to be limited by any such order in without con: council, print, reprint, or import for sale, or cause sent of pro
prietor, to be printed, reprinted, or imported for sale, any liable to
penalties. book to which such order in council shall extend, without the consent of the author or other proprietor of the copyright of and in such book first had and obtained in writing, or, knowing the same to be so printed, reprinted, or imported for sale without such consent of such author or other proprietor, shall sell, publish, or expose to sale, or cause to be sold, published, or exposed to sale, or have in his possession for sale, any such book without such consent first had and obtained as aforesaid, then every such offender shall be liable to a special action
on the case, at the suit of the author or other proprietor of the copyright of and in such book so unlawfully printed, reprinted, imported, or published or exposed to sale, or being in the possession of such offender for sale as aforesaid, contrary to the true intent and meaning of this act ; and every such author or other proprietor shall and may, by and in such special action on the case to be so brought against such offender in any court of record in that part of the said United Kingdom or of the British dominions in which the offence shall be committed, recover such damages as the jury on the trial of such action or on the execution of a writ of inquiry thereon shall give or assess, together with double costs of suit, in which action no privilege or protection shall be allowed; and every such offender shall also forfeit such book, and every sheet being part of such book, and shall upon order of any court of record in which any action at law or suit in equity shall be commenced or prosecuted by such author or other proprietor, to be made on motion or petition to the said court, deliver the same to the author or other proprietor of the copyright of such book, or to his attorney or agent to be thereto lawfully authorised, and he shall forth with damask or make waste paper of the same ; and every such offender shall also forfeit the sum of three-pence for every sheet thereof, either printed or printing, or published or exposed to sale, contrary to the true intent and meaning of this act, the one moiety thereof to her Majesty, and the other moiety thereof to any person who shall sue for the same in any such court of record by action of debt, bill, plaint, or information, in which no privilege or protection shall be allowed : provided always, that in Scotland such offender shall be liable to an action of damages in the court of Session in Scotland, which shall and may be brought and prosecuted in the same manner in which any other action of damages to the like amount may be brought and prosecuted there, and