his representative, the tribunals being bound, in case there exist good proofs, to invalidate the patent, in which case a copy of the judgment of the tribunal is immediately to be forwarded to the Chamber of Commerce, which, after the judgment has obtained legal force, shall proceed accordingly. Infringements of patents, which are to be decided by the tribunals where the infringer resides, are punishable by a fine of from 100 to 200 rixdalers (231-461.) for the first offence, and from 200 to 400 rixdalers (467.-921.) for a second offence, besides an award of damages to the patentee. Half of that fine belongs to the patentee, and the other half goes towards the relief of the poor in the parish where the infringer resides. In case of insolvency of the infringer, that fine may be changed into imprisonment, according to the existing laws. CHAPTER XVIII. ON COPYRIGHT. BRITISH LAW. TORY. In the absence of a clear common law right of property in INTRODUCliterary compositions, it became necessary to make provisions for the same by statute law. The preamble of the first statute on the subject shows that the rights of authors were wholly disregarded, and that printers, booksellers, and other persons were frequently taking the liberty of printing, reprinting, and publishing, or causing to be printed, reprinted, and published, books and other writings, without the consent of the authors or proprietors of such books and writings, to their very great detriment, and, too often, to the ruin of them and their families. It was therefore, for the purpose of preventing such practices for the future, and for the encouragement of learned men to compose and write useful books, that the statute granted that authors who, after April 10, 1710, had not sold their copyright of works in print, were to have the sole right of printing them for twenty-one years. That authors of books not printed and published, and their assignees or assigns, should have the sole liberty of printing and reprinting such books for the term of fourteen years, to commence from the day of the first publishing the same. And that after the expiration of the said term of fourteen years, the sole right of printing or disposing of copies should return to the authors, if they were then living, for another term of fourteen years (a). This statute had the effect of introducing a better practice among booksellers, and although the copyright lapsed after twenty-eight years, a custom was introduced among authors and booksellers to respect each other's lapsed copyrights, and thus, in a sense, each assumed a kind of perpetual (a) 8 Anne, c. 19; and 41 Geo. 3, c. 107. monopoly of the works which he had purchased for a terminable period. But this custom was not maintained, and as various disputes arose in consequence, new legislation became necessary. The next Act, therefore, prolonged the period. By it the period of copyright, instead of being fourteen years, and contingently for fourteen years more, was fixed to twenty-eight years certain, and for the residue of an author's life, if he were living at the end of the twenty-eighth year (a). But even this did not satisfy the friends of literature, and hence the 5 & 6 Vict. c. 45, was passed. Copyright in books. Copyright in articles. SECTION I. DURATION OF COPYRIGHT. Copyright is the author's right of property in any works which he writes. Copyright did not exist at common law. It is the creature of statute (b). The copyright in every book published in the lifetime of its author endures for the natural life of such author, and for the further term of seven years from the time of his death, and is the property of such author and his assignees. But if the said term of seven years expires before the end of forty-two years from the first publication of such book, the copyright in that case would endure for such period of forty-two years; and the copyright of every book published after the death of its author endures for the term of forty-two years from the first publication thereof, and is the property of the proprietor's manuscript from which such book is first published, and his assigns (c). The copyright of articles contributed to, and published in, encyclopædias, magazines, reviews, and other periodical works, and of books published in a series, endures the same time as that of books, but being paid for and assigned, belongs to the publisher, though he cannot publish them separately without the consent of the author (d). The author may reserve his right to publish such articles separately, but if he does so, he must do it in a manner that it will not prejudice the right of the original (a) 54 Geo. 3, c. 156. (b) Jefferys v. Boosey, 4 H. L. Cases, 815. (c) 5 & 6 Vict. c. 45, s. 2. (d) Bishop of Hereford v. Griffin, 16 Sim. 190. Copyright in dramatic lectures. publisher. In any case the author has the right to publish the articles he has contributed to reviews after twenty-eight years from the time of their first publication in the review or periodical (a). The copyright of dramatic pieces and musical compositions, with the right of representation and performance, is the pieces and same as that of books (b). The copyright of lectures and public musical compositions. addresses remains with the person delivering them, and printers Copyright in and publishers are liable to a penalty for printing and issuing spoken addresses without the consent of the author. But such protection is not extended to any lecture delivered in any university or public school or college, or in any public foundation, or by any individual in virtue of, or according to, any gift, endowment, or foundation (c). A letter is the property of the Copyright in writer, and though the receiver has a right to retain it for his own private use, he cannot publish it without the permission of the writer (d). letters. works it may exist. Copyright exists only in an original work, and may be either In what in respect of the matter or of the arrangement; but no property can be acquired in an article or book copied from a prior work (e). Yet a work consisting partly of compilations and selections from former works and partly of original compositions, may be the subject of copyright (ƒ), though, if the selection constituted the bulk of the work, no copyright could be claimed in it (g). So there may be a copyright in a translation, whether produced by personal application and expense, or by gift (h). But there is no copyright in a work contrary to morality or religion (i). The copyright of engravings, including the inventing, designing, engraving, etching, or working in mezzo-tinto, chiaro-oscuro, any historical or other print, and also the printing of any portrait, conversation, landscape, or architecture, map, draft or plan, (a) 5 & 6 Vict. c. 45, s. 18. That such copyright may vest in the publishers, the agreement with the writers must have been concluded by themselves, and not by the editor. Brown v. Cooke, 16 L. J., N. S., Ch. 140. (b) 3 & 4 W. 4, c. 15; 5 & 6 Vict. c. 45, ss. 20-22; 6 & 7 Vict. c. 68. (c) 5 & 6 W. 4, c. 65. (d) See Curtis on Copyright, pp. 87 and 89; Perceval (Lord) v. Phipps, 2 Copyright in engravings. Copyright in sculptural models. Copyright in works of art. or any other print whatever, whether taken from the artist's own original design, or from any picture, drawing, model, sculpture, either ancient or modern, and prints taken from lithography, or any other mechanical process by which prints or impressions of drawings or designs are capable of being multiplied indefinitely, endures for twenty-eight years from the date of their publication (a). The copyright of sculptural models or casts, that is, the right and property of every new and original sculpture, model, copy, or cast of the human figure, or of any bust, or any part of the human figure clothed in drapery or otherwise, or of any subject being matter of invention in sculpture, or of any alto or basso relievo representing any of the above-mentioned matters, or any cast from nature of the human figure, or part of the human figure, or any subject containing or representing any of the above-mentioned matters and things, whether separate or combined, vests in the author of it for fourteen years from the time of first publication, provided that in every case the proprietor, before publication, cause his name, with the date, to be put on every such new and original sculpture, model, copy, or cast, and on every such cast from nature (b). If the original author of any sculptural model be living at the expiration of the fourteen years' copyright, and he has not divested himself of it by sale or otherwise, he has then an additional term of fourteen years' copyright (c). The copyright of every original painting, drawing, and photograph—that is, the right of copying, engraving, reproducing, and multiplying such painting or drawing, and the design thereof, or such photograph, and the negative thereof, by any means, and of any size, endures for the term of the natural life of the author, and seven years after his death. When, however, any painting or drawing, or the negative of any photograph shall, for the first time, be sold or disposed of, or is made or executed for or on behalf of any other person for a good or a valuable consideration, the person so selling or disposing of, or making, or executing the same does not retain the copyright thereof, unless it be expressly reserved to him by agreement in writing, signed at or before the time of such sale or disposition, by the vendee (a) 8 Geo. 2, c. 13, s. 7; 7 Geo. 3, c. 38; and 15 Vict. c. 12. (b) 54 Geo. 3, s. 56. |