1

And be it further enacted by the authority aforesaid, That if any action or suit shall be commenced or brought against any person or persons whatsoever, for doing, or causing to be done, anything in pursuance of this act, the defendants in such case may plead the gen5 eral issue, and give the special matter in evidence; and if, upon such action, a verdict be given for the defendant, or the plaintiff become nonsuited, or discontinue his action, then the defendant shall have and recover his full costs, for which he shall have the same remedy as a defendant in any case by law hath.

10

15

Provided nevertheless, That all actions, suits, bills, indictments, or informations, for any offence that shall be committed against this act, shall be brought, sued, and commenced, within three months next after such offence committed, or else the same shall be void and of none effect.

Provided always, That after the expiration of the said term of four teen 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.

In the senate-house, the 26th day of March, 1784, and in the eighth 20 year of the independence of the United States of America.

25

JOHN LLOYD, President of the Senate. HUGH RUTLEDGE,

Speaker of the House of Representatives.

In "Acts, Ordinances, and Resolves of the General Assembly of the State of South Carolina, passed in the year 1784." 4to. Charleston, printed by J. Miller, 1784, pp. 49–51.

VIRGINIA.

30

AN ACT securing to the authors of literary works an exclusive property therein for a limited time.

1785, October.

SECTION I. Be it enacted by the general assembly, That the author of any book or pamphlet already printed, being a citizen of any one of the United States, who has not transferred to any other person or persons the copy or copies of 35 any such book or pamphlet, share or shares thereof, his heirs and assigns, or the person or persons who have purchased or acquired such copy or copies, share or shares, in order to print or re-print the same, his heirs and assigns shall have the exclusive right of printing and re-printing such book or pamphlet, within this Commonwealth, for 40 the term of twenty-one years, to be computed from the first publication thereof; and that the author of any book or pamphlet already composed and not printed or published, or that shall hereafter be composed, being a citizen, as aforesaid, his heirs and assigns shall have the exclusive right of printing and re-printing such book or pamphlet, within

this Commonwealth, for the like term of twenty-one years, to be com- 1 puted from the first publication thereof. And if any person or persons whatsoever, shall print, re-print, or cause to be printed, or re-printed, within this Commonwealth, any such book or pamphlet; or shall import into this Commonwealth, from any foreign Kingdom 5 or State, any printed or re-printed copies of such book or pamphlet; without the consent of the author or proprietor thereof first obtained in writing, signed in presence of two credible witnesses at least; or who, knowing the same to be so printed, re-printed, or imported, without such consent first had and obtained, shall publish, sell, or expose 10 to sale, or cause to be published, sold, or exposed to sale, any copy or copies of any such book or pamphlet; the person or persons offending herein, shall forfeit to the party injured, double the value of all the copies so printed, re-printed, or imported; or so published, sold, or exposed to sale; to be recovered at the suit of such party, in any court 15 of record within this Commonwealth.

SEC. II. Provided nevertheless, That no person shall be entitled to the benefit of this act, until he shall have registered the title of such book or pamphlet with the clerk of the council, and procured a certificate of such registry from the said clerk; which certificate the 20 clerk is hereby required to give, taking only three shillings for his trouble.

In "Acts passed at a General Assembly of the Commonwealth of Virginia. Begun and held in Richmond, on the 17th day of October, 1785." fol. Richmond, printed by J. Dunlap & James Hayes [1785], pp. 8-9.

In "The Statutes at large; being a collection of all the laws of Virginia, from 1619, by William Waller Hening." Vol. 12, 8vo. Richmond, 1823, pp. 30-31.

NORTH CAROLINA.

25

At a general assembly, begun and held at Newbern, on the 19th day of November, in the year of our Lord 1785: Being the first session of 30 this assembly. Chapter 26.

1785,

November 19.

AN ACT for securing literary property.

Whereas nothing is more strictly a man's own than the fruit of his study, and it is proper that men should be encouraged to pursue useful knowledge by the hope of 35 reward; and as the security of literary property must greatly tend to encourage genius, to promote useful discoveries, and to the general extension of arts and commerce:

1. Be it enacted by the general assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the 40 author of any book, map or chart, not hitherto printed, who is a citizen of the United States, and his heirs and assigns, shall have the sole liberty of printing, publishing, and vending the same within this State for the term of fourteen years, to commence on the day of its publi

1 cation; and if any person or persons within the said term of fourteen years, shall presume to print, reprint, or publish any such book, map or chart within this State, or shall import any copy or copies of the same, which have been reprinted beyond the limits of the State, and 5 shall knowingly publish, distribute, or vend the same without the consent of the author or proprietor, in writing, signed in the presence of two credible witnesses, such offender or offenders shall forfeit to the proprietor all the books, maps or charts thus printed, reprinted, imported, published, or offered for sale, together with double the 10 value of the articles so imported; one moiety of which money shall go to the State, the other moiety to him who shall sue for the same for the benefit of the party injured, in any court of record within this State. Provided nevertheless, That no author or proprietor of any such book, map or chart, shall be entitled to the benefit of this act, unless 15 he shall, before publication, duly enter his name as author or proprietor, together with the title of the book, map or chart to be published, in the office of the secretary of the State, who is hereby directed to enter the same on record; nor unless he shall, before publication, have delivered to the secretary of the State one copy of such book, map or chart 20 for the use of the executive of the State; of which entry and for which copy the secretary is hereby required to give him a certificate and receipt.

II. And be it further enacted, If the author or publisher of any book as aforesaid, shall set an unreasonable price on the same, regard being 25 had to the probable labour, expence, and risk of such author and publisher, the judges of the supreme court, on complaint thereof made in writing by two or more persons, are hereby authorized and empowered to summons such author or publisher to appear before next supreme court, to be holden in that county or district where such author or 30 publisher usually resides; and said court shall enquire into the justice of the complaint, and if the same, on full examination, shall appear to be well founded, they shall correct or settle the price; and if said author or publisher after such price is fixed by the court, shall sell any book at a higher rate, he shall for every offence forfeit twenty 35 Spanish milled dollars, one moiety to the State and the other moiety to the person who shall sue for the same.

be

III. And be it further enacted, That every author who is a citizen in any of the United States, and whose work shall originally be published in any of the United States where laws similar to this are or may 40 passed for the security of literary property, or his assigns, being also citizens of the United States, shall be entitled to the benefit of this act and none others. Provided always, That nothing contained in this act shall be construed to prevent any person from reprinting any book, map or chart that has been published; or from importing, reprinting, 45 or publishing any book, map or chart that shall be originally pub

lished in any other country; nor shall anything in this act be construed 1 to encourage or protect any authors or publishers of books, maps or charts which may be dangerous to civil liberty, or to the peace or morals of society.

In "Laws of the State of North-Carolina. Published, according to Act 5 of Assembly, by James Iredell." fol. Edenton, Hodge & Wills, 1791, pp.

563-564.

1786, Feb. 3.

GEORGIA.

AN ACT for the encouragement of literature and genius.

Whereas the principles of natural equity and justice, 10 require that every author should be secured in receiving the profits that may arise from the sale of his works, and such security may encourage men of learning and genius to publish their writings, which may do honor to their country, and service to mankind:

15

Be it enacted by the representatives of the freemen of the State of Georgia, in general assembly met, and by the authority of the same, That the author of any book or pamphlet not yet printed, or of any map or chart, being an inhabitant or resident in these United States, and his heirs and assigns, shall have the sole liberty of printing, pub- 20 lishing, 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, shall presume to print or re-print any such book, pamphlet, map or chart, within this State, or to import or introduce into this State for 25 sale, any copies thereof, re-printed beyond the limits of this State, or shall knowingly publish, vend, and utter or distribute the same, without the consent of the proprietor thereof in writing, signed in the "presence of two credible witnesses, every such person or persons shall forfeit and pay to the proprietor of such book, pamphlet, map or 30 chart, double the value of all the copies thereof so printed, imported, distributed, vended, or exposed for sale, to be recovered by such proprietor in due course of law: Provided nevertheless, That no author, assignee, or proprietor, of any such book, pamphlet, map or chart shall be entitled to take the benefit of this statute, until he shall duly 35 register his name as author, assignee, or proprietor, with the title thereof, in the office of the Secretary of the State, who is hereby empowered and directed to enter the same on record.

II. And be it further enacted by the authority aforesaid, That at the expiration of the said term of fourteen years in the cases above men- 40 tioned, the sole right of printing and disposing of any such book, pamphlet, map or chart in this State, shall return to the author thereof, if then living, and his heirs and assigns, for the term of fourteen years more, to commence at the end of the said first term: And that all

1 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 proprietor obtained as aforesaid during the said second term of fourteen years shall be liable to the same penalties, recoverable in the 5 same manner as is herein before enacted and provided.

III. And whereas it is equally necessary for the encouragement of learning, that the inhabitants of this State be furnished with useful books, &c., at reasonable prices: Be it further enacted, That whenever any such author or proprietor of such book, pamphlet, map or chart 10 shall neglect to furnish the public with sufficient editions thereof, or shall sell the same at a price unreasonable, and beyond what may be adjudged a sufficient compensation for his labor, time, expense, and risk of sale, the chief justice of the State, on complaint thereof made to him in writing, is hereby authorized and empowered to summon 15 such author or proprietor to appear before the next superior court to be holden in the county where such author or proprietor dwells, if a resident of this State, if not, in the county where such complainant dwells, and said court is hereby authorized and empowered to enquire into the justice of such complaint, and if the same be found true to 20 take sufficient security of such author or proprietor conditioned that he shall, within such reasonable time as the said court shall direct, publish and offer for sale, in this State, a sufficient number of copies of such book, pamphlet, map or chart, at such reasonable price as said court shall, on due consideration affix; and if such author or proprietor 25 shall, before said court, neglect or refuse to give such security as aforesaid, the said court is hereby authorized and empowered to give to such complainant a full and ample licence to re-print and publish such book, pamphlet, map or chart in such numbers and for such term as said court shall judge just and reasonable: Provided, said com30 plainant shall give sufficient security before said court to afford said. re-printed edition at such reasonable price as said court shall thereto affix.

IV. And be it further enacted, That any person or persons who shall procure and print any unpublished manuscript, without the consent and 35 approbation of the author or proprietor thereof first had and obtained,

if such author or proprietor be living and resident in, or inhabitant of this or any other of the United States, shall be liable to suffer and pay to the said author or proprietor his just damage for such injury, to be recovered By action brought on this statute in any court of law in this 40 State proper to try the same: Provided always, That nothing in this act shall extend to affect, prejudice, or confirm the rights which any person may have to the printing or publishing of any book, pamphlet, map or chart at common law, in cases not mentioned in this act, or to screen from legal punishment any person or persons who may be 45 guilty of printing or publishing any book, pamphlet, or paper that