1 5 In "Acts and laws of the State of Connecticut." 8vo. Hartford, Hudson & Goodwin, 1805, pp. 282-284. Hartford, In "The public statute law of the State of Connecticut. [Compiled by J. MASSACHUSETTS. a 10 AN ACT for the purpose of securing to authors the exclusive right and benefit of publishing their literary productions, for twenty-one years. 1783, March 17. Whereas the improvement of knowledge, the progress of civilization, the public weal of the community, and the advancement of human happiness, greatly depend on the efforts of learned and ingenious persons in the various arts and sciences: As the principal encouragement such persons can have to make great 15 and beneficial exertions of this nature, must exist in the legal security of the fruits of their study and industry to themselves; and as such security is one of the natural rights of all men, there being no property more peculiarly a man's own than that which is produced by the labour of his mind: 20 Therefore, to encourage learned and ingenious persons to write useful books for the benefit of mankind: Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That all books, treatises, and other literary works, having the name or names of the 25 author or authors thereof printed and published with the same, shall be the sole property of the said author or authors, being subjects of the United States of America, their heirs and assigns, for the full and compleat term of twenty-one years, from the date of their first publication. And be it further enacted by the authority aforesaid, That if any 30 person or persons shall print, re-print, publish, sell or expose to sale, or shall cause to be printed, re-printed, published, sold, or exposed to sale, any book, treatise, or other literary work, not yet printed, writ ten by any subject of the United States of America, whose name, as author, shall have been thereto prefixed, without consent of the author 35 or authors, or their assigns, during said term, shall forfeit and pay a sum not exceeding three thousand pounds, nor less than five pounds, to the use of such author or authors, or their assigns; to be recovered by action of debt in any court of record proper to try the same. Provided always, that every author of such book, treatise, or other literary 40 work shall, in order to his holding such sole property in them, present two printed copies of each and every of them to the library of the University of Cambridge, for the use of the said university; and prior to the recovery of the said forfeiture, or any part thereof, shall produce, in α a NOTE. An interesting early "order" of the Massachusetts Bay Colony, enacted 45 May 15, 1672, provided for the enforcement of contracts between authors and printers to prevent the printing of more copies of an author's books than the author himself had agreed upon. For the full text of this document see Note 2, page 113. open court where such action shall be tried, a receipt of such book, 1 treatise, or other literary work from the librarian of the said university for the time being. Provided also, that this act shall not be construed to extend in favor or for the benefit of any author or authors, subject or subjects of any other of the United States, until the State or States 5 of which such authors are subjects shall have passed similar laws for securing to authors the exclusive right and benefit of publishing their literary productions. (This act passed March 17, 1783. Chap. 26, of the "Acts and laws passed by the great and general court or assembly of Massachusetts: 10 Begun and held at Boston, the 29th of May, A. D. 1782; and from thence continued by adjournments to Wednesday, the 29th of January following, and then met.") In "Acts and laws of the Commonwealth of Massachusetts." fol. Boston, B. Edes & Sons, 1781-['83], p. 236. In "The perpetual laws of the Commonwealth of Massachusetts, 1780 to 1789." fol. Boston, Adams & Nourse, 1789, pp. 369–370. In "The general laws of Massachusetts, from the adoption of the Constitution, to 1822. By Asahel Stearns and Lemuel Shaw, commissioners; Theron Metcalf, editor." Vol. 1, 8vo. Boston, 1823, pp. 80-81. MARYLAND. AN ACT respecting literary property. Whereas printers, booksellers, and other persons may take the liberty of printing, reprinting, and publishing, 15 20 1783, April 21. or causing to be printed, reprinted, and published, books 25 and other writings, without the consent of the authors or proprietors of such books and writings, to their great injury: For preventing therefore such practices, and for the encouragement of learned men, II. Be it enacted by the general assembly of Maryland, That the author of any book or books, writing or writings, already composed 30 and not printed or published, or that shall be hereafter composed, and his executors, administrators, or assigns, shall have the sole liberty of printing and reprinting such book or books, writing or writings, for the term of fourteen years, to commence from the day of the first publishing of the same; and that if any other person whatsoever, within the 35 time granted and limited by this act as aforesaid, shall print, reprint import or bring into the State, or cause to be printed, reprinted, imported or brought into the State, any such book or books, writing or writings, without the consent of the proprietor or proprietors thereof first had and obtained in writing, signed in the presence of two 40 or more witnesses, or knowing the same to be so printed, reprinted, imported or brought into the State, without the consent of the proprietors, shall sell, publish, or expose to sale, any such book or books, writing or writings, without such consent first had and obtained as aforesaid, then such offender or offenders shall forfeit such book or 45 1 books, writing or writings, to the proprietor or proprietors; and further, that every such offender or offenders shall forfeit two-pence for every sheet which shall be found in his, her, or their custody, either printed or printing, published or exposed to sale, contrary to 5 the true intent and meaning of this act. III. And, whereas many persons may through ignorance offend against this act, unless some provision be made, whereby the property in every such book as is intended by this act to be secured to the proprietor or proprietors thereof may be ascertained: Therefore, be it enacted 10 that nothing in this act contained shall be construed to extend to subject any person whatsoever to the forfeitures and penalties herein mentioned, or by reason of the printing, reprinting, importing, bringing into the State, or causing to be brought into the State, selling or exposing to sale, of any book or books, writing or writings, without 15 the consent of the proprietor or proprietors, unless the title to the copy of such book or books, writing or writings, hereafter published, shall, before such publication by the proprietor or proprietors, be entered into a register, to be kept by the clerk of the general court for that purpose; which register may, at all reasonable and convenient times, 20 be resorted to and inspected by any person, for the purpose before mentioned, without any fee or reward; and the clerk aforesaid, when and as often as thereunto required, shall give a certificate under his hand of such entry or entries, and for every such certificate may take and receive a fee of three shillings and nine-pence. 25 IV. And be it enacted, That all actions or informations for any offence that shall be committed against this act, shall be brought and commenced within twelve months after such offence committed, or the same shall be void and of none effect. V. Provided always, That after the expiration of the aforesaid term 30 of fourteen years, the sole right of printing or disposing of copies shall return to the authors thereof, if they are then living, for another term of fourteen years. VI. This act to commence and be in force from and after the time that similar laws shall be passed respecting literary property in all 35 and every of the United States. 40 In "Laws of Maryland, made and passed, at a session of assembly, begun and held at the city of Annapolis on Monday the 21st of April, 1783." fol. Annapolis, F. Green, printer to the State [1783], chapter 34. [The pages are not numbered.] 1783, May 27. NEW JERSEY. AN ACT for the promotion and encouragement of literature. Whereas learning tends to the embellishment of human nature, the honour of the nation, and the general good of mankind; and as it is perfectly agreeable to the princi45 ples of equity, that men of learning who devote their time and talents to the preparing treatises for publication, should have the profits that 1 may arise from the sale of their works secured to them: Therefore, SEC. 1. Be it enacted by the council and general assembly of this State, and it is hereby enacted by the authority of the same, That the author of any book or pamphlet not yet printed, being an inhabitant 5 or resident in the United States of America, and his heirs and assigns, shall have the exclusive right of printing, publishing, and vending the same within this State for the term of fourteen years, to commence from the day of its first publication in this State; and if any person or persons within said term of fourteen years, as aforesaid, shall pre- 10 sume to print any such book or pamphlet within this State, or to introduce into this State for sale any copies of such book or pamphlet printed beyond the limits of this State, or shall knowingly publish, vend, utter, or distribute the same without the consent of the author or proprietor thereof in writing, duly attested, every such person or 15 persons shall forfeit and pay to the author or proprietor of such book or pamphlet double the value of all the copies of such book or pamphlet so printed, introduced, distributed, vended, or exposed for sale, to be recovered by such author or proprietor in any court of this State where the same may be cognizable: Provided, nevertheless, That 20 no author, assignee, or proprietor of any such book or pamphlet shall be entitled to the benefit of this act until he shall duly register his name as author, assignee, or proprietor, with the title of such book or pamphlet in the secretary's office of this State, who is hereby required to enter the same on record. 25 2. And be it further enacted by the authority aforesaid, That at the expiration of said term of fourteen years, in the cases herein before mentioned, the exclusive right of printing and disposing of any such book or pamphlet in this State, shall return to the author thereof, if then living, his heirs and assigns, for the term of fourteen years more; 30 and that all and every person or persons who shall re-print, import, vend, utter, or distribute in this State any copies thereof without the consent of such author or proprietor obtained as aforesaid, during said second term of fourteen years, shall be liable to the same penalties, to be recovered in the same manner as is herein before directed. Passed at Burlington, May 27, 1783. (Note. This act was repealed 23d session, 3d sitting, 1799.) 35 Taken from "Acts of the seventh general assembly of the State of New Jersey, at a session begun at Trenton, on the 22d day of October, 1782, and continued by adjournments, being the second sitting." fol. Trenton, printed by Isaac 40 Collins, Printer to the State, 1783. Chapter 21, p. 47. Also printed in "Acts of the general assembly of the State of New Jersey, from the establishment of the present government to December, 1783. Compiled by Peter Wilson." fol. Trenton, Isaac Collins, 1784, pp. 325–326, 5 AN ACT for the encouragement of literature and genius, and for securing to authors the exclusive right and benefit of publishing their literary productions, for twenty years. 1783, Nov. 7. As the improvement of knowledge, the progress of civilization, and the advancement of human happiness, greatly depend on the efforts of ingenious persons in the various arts and sciences; as the principal encouragement such persons can have to make great and beneficial exertions of this nature, must 10 consist in the legal security of the fruits of their study and industry to themselves; and as such security is one of the natural rights of all men, there being no property more peculiarly a man's own than that which is produced by the labour of his mind: Therefore, to encourage the publication of literary productions, honorary and beneficial to the 15 public, Be it enacted by the council and house of representatives in general assembly convened, and by the authority of the same, That all books, treatises, and other literary works, having the name or names of the author or authors thereof, printed and published with the same, shall 20 be the sole property of the said author or authors, being subjects of the United States of America, their heirs and assigns, for the full and complete term of twenty years from the date of their first publication. And it is further enacted by the authority aforesaid, That if any person or persons shall print, re-print, publish, sell, or expose to sale; or 25 shall cause to be printed, re-printed, published, sold, or exposed to sale, any book, treatise, or other literary work, not yet printed, written by any subject of the United States of America whose name as author shall have been thereto prefixed without the consent of the author or authors, or their assigns, during said term, shall forfeit and pay a sum 30 not exceeding one thousand pounds nor less than five pounds, to the use of such author or authors, or their assigns; to be recovered by action of debt in any court of record proper to try the same. Provided always, That this act shall not be construed to extend in favour, or for the benefit of any author or authors, subject or subjects 35 of any other of the United States, until the State or States of which such authors are subjects shall have passed similar laws for securing to authors the exclusive right and benefit of publishing their literary productions. (Note. This Act was included in the list of acts repealed, contained 40 in title 30, chap. 230, of “The Revised Statutes, passed December 23, 1842," pp. 475–477.) 45 In "The Perpetual Laws of the State of New-Hampshire, from July, 1776, to the session in December, 1788, continued into 1789." 8vo. Portsmouth, J. Melcher, 1789, pp. 161-162. In "The laws of the State of New-Hampshire." 8vo. Portsmouth, J. Melcher, 1792, pp. 277-278. |