may be prophane, treasonable, defamatory, or injurious to govern- 1 ment, morals, or religion: Provided also, That this act shall not extend, or be construed to extend, in favor or for the benefit of any author or person residing in or inhabitant of any other of the United States until the State or States in which such person or persons reside or 5 dwell, shall have passed similar laws in favor of the authors of new publications, and their heirs and assigns.

AUGUSTA, February 3, 1786.

WILLIAM GIBBONS, Speaker.

In "A Digest of the Laws of the State of Georgia. From its first establishment 10 as a British province down to the year 1798, inclusive. By Robert and George Watkins." 4to. Philadelphia, R. Aitken, 1800, pp. 323–325.

In "Digest of the Laws of Georgia, from 1755 to 1800. By Horatio Marbury & William H. Crawford." 4to. Savannah, Seymour, Woolhopter & Stebbins, 1802, pp. 342-343.

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1786, April 29.

NEW YORK.

AN ACT to promote literature.

Whereas it is agreeable to the principles of natural equity and justice that every author should be secured in receiving the profits that may arise from the sale of his or 20 her works; and such security may encourage persons of learning and genius to publish their writings, which may do honour to their country and service to mankind:

I. Be it enacted by the people of the State of New York, represented in senate and assembly, and it is hereby enacted by the authority of the 25 same, That the author of any book or pamphlet, being an inhabitant or resident in these United States, and his or her 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 from the day of its first publication in this State; and if any person or 30 persons within the said term of fourteen years as aforesaid, shall presume to print or re-print any such book or pamphlet within this State, or to import or introduce into this State for sale, any copies of such book or pamphlet, reprinted beyond the limits of this State, or shall knowingly publish, vend, utter, or distribute the same, without the 35 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 or pamphlet, double the value of all the copies of such book or pamphlet so re-printed, imported, distributed, vended, or exposed to sale, to be recovered by such proprie- 40 tor in any court of law in this State, proper to try the same. Provided nevertheless, that no author, assignee, or proprietor of such book or pamphlet, shall be entitled to take the benefit of this act, until he or she shall duly register his or her name, as author, assignee, or pro

1 prietor, with the title of such book or pamphlet in the office of the Secretary of this 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 5 the expiration of the said term of fourteen years, in the cases above mentioned, the sole right of printing and disposing of any such book or pamphlet in this State, shall return to the author thereof, if then living, and his or her heirs or assigns, for the term of fourteen years more, to commence at the end of the said first term, and that all and 10 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 same manner as is herein before enacted and provided.

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And whereas it is equally necessary for the encouragement of learning, that the inhabitants of this State be furnished with useful books at reasonable prices:

III. Be it further enacted by the authority aforesaid, That whenever any such author or proprietor of such book or pamphlet shall neglect 20 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 or her labour, time, expences, and risque of sale, any one of the judges of the supreme court of judicature of this State, on complaint made thereof to him in writing, is hereby author25 ized and impowered to summon such author or proprietor to appear at the next supreme court of judicature, and the said court are hereby authorized and impowered to enquire into the justice of the said complaint, and if the same be found true, to take sufficient recognizance and security of such author or proprietor, conditioned that he or she 30 shall, within such reasonable time as the court shall direct, publish and offer for sale in this State, a sufficient number of copies of such book or pamphlet, at snch reasonable price as the said court shall on due consideration affix, and if such author or proprietor shall neglect or refuse to give such security as aforesaid, the said court are hereby 35 authorized and empowered to give such complainant a full and ample licence to re-print and publish such book or pamphlet in such numbers and for such term as the said court shall judge just and reasonable: Provided, Such complainant shall give sufficient security before the said court to afford such re-printed edition at such reasonable price as 40 the said court shall thereto affix.

IV. And be it further enacted by the authority aforesaid, That any person or persons who shall procure and print any unpublished manuscript, without the consent and approbation of the author or proprietor thereof first had and obtained, if such author or proprietor be 45 living and resident in, or inhabitant of these United States, shall be

liable to pay to the said author or proprietor his or her damages for 1 such injury, to be recovered with costs, by action brought on this act in any court of record. Provided always, that nothing in this act shall extend to effect, prejudice, or confirm the rights which any person may have to the printing or publishing of any book, or pamphlet, at 5 common law, in cases not mentioned in this act; or to authorize any person or persons to print or publish any book, pamphlet, or paper that may be profane, treasonable, defamatory, or injurious to government, morals, or religion. Provided also, that this act shall not extend or be construed to extend in favour or for the benefit of any 10 author or person residing in, or inhabitant of any other of the United States until the State in which such person resides or dwells shall have passed similar laws in favor of the authors of such new publications and their heirs and assigns.

V. And be it further enacted by the authority aforesaid, That the 15 trustees of the Reformed Protestant Dutch Church, of Flat Bush, in the county of Kings, shall be, and they are hereby authorized to grant, bargain, and sell, in fee simple, such part or parts of their real estate within the said county, to such person or persons, and for such price or prices as they may think proper, for the express purpose of 20 erecting an academy in the said county. Provided, That the quantity which the said trustees shall grant and convey by virtue of this act shall not exceed six acres.

In "Laws of the State of New-York, passed by the legislature of said State at their ninth session." fol. New York, printed by Samuel and John Loudon, 25 1786, pp. 99-100.

Also in "Laws of the State of New York, comprising the constitution and the acts of the legislature since the Revolution, from the first to the twelfth session, inclusive. [By Samuel Jones and Richard Varick.]" v. 1. fol. New York, H. Gaine, 1789, pp. 320–322.

Also to be found in "Laws of the State of New-York, comprising the constitution and the acts of the legislature since the Revolution, from the first to the twentieth, inclusive. [By Thomas Greenleaf.]" 2d. ed., v. 1. 8°. New-York, T. Greenleaf, 1798, pp. 274-275.

DELAWARE.

No copyright law seems to have been enacted by the State of Dela

ware.

30

35

III.

PROVISION OF THE CONSTITUTION AS TO THE COPYRIGHT LEGISLATION BY CONGRESS.

CONSTITUTION OF THE UNITED STATES, SEPTEMBER 17, 1787.

ARTICLE I, SEC. 8. The Congress shall have power:

To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries.

40*

IV.

1 PUBLIC ACTS RELATING TO COPYRIGHT PASSED BY THE CONGRESS OF THE UNITED STATES, 1790–1905.

ORIGINAL COPYRIGHT ACT. (FIRST CONGRESS, SECOND SESSION,
CHAPTER 15.)

5 AN ACT for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned.

10

1790, May 31.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passing of this act, the author and authors of any map, chart, book or books already printed within these United States, being a citizen or citizens thereof, or resident within the same, his or their executors, administrators or assigns, who hath or have not transferred to any other person the 15 copyright of such map, chart, book or books, share or shares thereof; and any other person or persons, being a citizen or citizens of these United States, or residents therein, his or their executors, administrators or assigns, who hath or have purchased or legally acquired the copyright of any such map, chart, book or books, in order to print, 20 reprint, publish or vend the same, shall have the sole right and liberty of printing, reprinting, publishing and vending such map, chart, book or books, for the term of fourteen years from the recording the title thereof in the clerk's office, as is herein after directed: And that the author and authors of any map, chart, book or books already made 25 and composed, and not printed or published, or that shall hereafter be made and composed, being a citizen or citizens of these United States, or resident therein, and his or their executors, administrators or assigns, shall have the sole right and liberty of printing, reprinting, publishing and vending such map, chart, book or books, for the like 30 term of fourteen years from the time of recording the title thereof in the clerk's office as aforesaid. And if, at the expiration of the said term, the author or authors, or any of them, be living, and a citizen or citizens of these United States, or resident therein, the same exclusive right shall be continued to him or them, his or their executors, admin35 istrators or assigns, for the further term of fourteen years: Provided, He or they shall cause the title thereof to be a second time recorded and published in the same manner as is herein after directed, and that within six months before the expiration of the first term of fourteen years aforesaid.

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SEC. 2. And be it further enacted, That if any other person or persons, from and after the recording the title of any map, chart, book or books, and publishing the same as aforesaid, and within the times

limited and granted by this act, shall print, reprint, publish, or import, 1 or cause to be printed, reprinted, published, or imported from any foreign Kingdom or State, any copy or copies of such map, chart, book or books, without the consent of the author or proprietor thereof, first had and obtained in writing, signed in the presence of two or 5 more credible witnesses; or knowing the same to be so printed, reprinted, or imported, shall publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such map, chart, book or books, without such consent first had and obtained in writing as aforesaid, then such offender or offenders shall forfeit all and every 10 copy and copies of such map, chart, book or books, and all and every sheet and sheets, being part of the same, or either of them, to the author or proprietor of such map, chart, book or books, who shall forthwith destroy the same: And every such offender and offenders shall also forfeit and pay the sum of fifty cents for every sheet which shall be 15 found in his or their possession, either printed or printing, published, imported or exposed to sale, contrary to the true intent and meaning of this act, the one moiety thereof to the author or proprietor of such map, chart, book or books who shall sue for the same, and the other moiety thereof to and for the use of the United States, to be recovered 20 by action of debt in any court of record in the United States, wherein the same is cognizable. Provided always, That such action be commenced within one year after the cause of action shall arise, and not afterwards.

SEC. 3. And be it further enacted, That no person shall be entitled 25 to the benefit of this act, in cases where any map, chart, book or books, hath or have been already printed and published, unless he shall first deposit, and in all other cases, unless he shall before publication deposit a printed copy of the title of such map, chart, book or books, in the clerk's office of the district court where the author or proprietor shall 30 reside: And the clerk of such court is hereby directed and required to record the same forthwith, in a book to be kept by him for that purpose, in the words following, (giving a copy thereof to the said author or proprietor, under the seal of the court, if he shall require the same). "District of to wit: Be it remembered, that on the day 35 year of the independence of the United States of America, A. B. of the said district, hath deposited in this office the title of a map, chart, book or books, (as the case may be) the right whereof he claims as author or proprietor, (as the case may be) in the words following, to wit: [here insert the title] in conformity to the 40 act of the Congress of the United States, intituled 'An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned.' C. D. clerk of the district of For which the said clerk shall be entitled to receive sixty cents from the 45

of

in the

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