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.

by order in council, may direct that

authors of books first published in foreign countries,

and their assigns, shall

right in

such books within her Majesty's dominions.

No. II.

1 & 2 VICT. c. 59.

An Act for securing to Authors, in certain Cases, the Benefit of International Copy[31st July, 1838.]

right.

Her Majesty, WHEREAS it is desirable to afford protection within her Majesty's dominions to the authors of books first published in foreign countries, and their assigns, in cases where protection shall be afforded in such foreign countries to the authors of books first published in her Majesty's dominions, and their assigns; be it therefore enacted by the Queen's most have a copy 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 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

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.

one copy

the ware

books pub

name of

be sufficient.

II. Provided always, and be it enacted, That if a In case of book 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.

first publica

amended by Court of

III. And be it enacted, That every such entry Wrongful shall be prima facie proof of a rightful first pub- tion may be lication; but if there be a wrongful first publication, 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 ;

E

Register book

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.

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

Stationers'

Hall, and to be open to inspection.

Certificate

by ware

company, and for every such entry the sum of two 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 keeper of the said Company of Stationers; and house 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

keeper to

in the British Museum.

V. And be it enacted, That the said warehouse deposit books keeper shall receive at the hall of the said company every book or volume so to be delivered as aforesaid, and within one calendar month after receiving such book or volume shall deposit the same in the library of the British Museum.

Second or subsequent

editions.

VI. Provided always, and be it enacted, That it 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 book or books so delivered as aforesaid, unless

any

the same shall contain additions or alterations; and in case any edition after the first of any book so delivered as aforesaid shall contain any addition or alteration, it shall not be requisite to deliver any printed copies thereof, if one printed copy of such additions or alterations only, printed in an uniform manner with the former edition of such book, be, within a time in that behalf to be prescribed by any such order in council as aforesaid, delivered to the warehouse keeper of the said Company of Stationers.

council may

for different

VII. And be it enacted, That the respective terms Orders in to be specified by such orders in council respectively specify diffor the continuance of the privilege to be granted to ferent periods the authors of books to be first published in foreign foreign councountries, and their respective assigns, may be tries, &c. 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.

&c. who shall

any book to

without con

sent of proprietor,

VIII. And be it enacted, That if any bookseller Booksellers, or printer, or other person whatsoever, in any part print, &c. of the United Kingdom of Great Britain and Ireland, which order. or in any other part of the British dominions, shall, in council within the term to be limited by any such order in may extend, council, print, reprint, or import for sale, or cause to be printed, reprinted, or imported for sale, any liable to book to which such order in council shall extend, penalties. 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 forthwith 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