A

BILL

[AS AMENDED BY THE COMMITTEE]

To consolidate and amend the Laws relating to the Copyright of Designs for ornamenting Articles of Manufacture.

[N. B.-The Clause marked (A.) was added by the Committee.]

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W

HEREAS by the several Acts mentioned in the Schedule (A.) to this Act annexed, there was granted, in respect of the woven Fabrics therein mentioned, the sole right to use any new and original Pattern for printing the same during the period of Three calendar Months: AND whereas by the Act mentioned in the Schedule (B.) to this Act annexed, there was granted, in respect of all articles, except Lace, and except the articles within the meaning of the Acts herein before referred to, the sole right of using any new and original Design, for certain purposes, during the respective periods therein men10 tioned: BUT, forasmuch as the protection afforded by the said Acts in respect of the application of Designs to certain articles of manufacture is insufficient, it is expedient to extend the same, but upon the conditions hereinafter expressed; NOW, for that purpose, and for the purpose of consolidating the provisions of the said Acts, BE it 15 Enacted, by The QUEEN's most 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 this Act shall come into operation on the

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and that thereupon all the said Acts mentioned in the said Schedules (A.) and (B.) to this Act annexed shall be and they are hereby repealed.

Provided always, and be it Enacted, That notwithstanding such repeal of the said Acts, every Copyright in force under the same shall

3. Grant of Copyright.

2 Vict. c. 17, 8. 1.

continue in force till the expiration of such Copyright; and with regard to all offences or injuries committed against any such Copyright before this Act shall come into operation, every penalty imposed and every remedy given by the said Acts, in relation to any such offence or injury, shall be applicable, as if such Acts had not been repealed; but with regard to such offences or injuries committed against any such Copyright after this Act shall come into operation, every penalty imposed and every remedy given by this Act, in relation to any such offence or injury, shall be applicable, as if such Copyright had been conferred by this Act.

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AND with regard to any new and original Design (except for Sculpture, and other things within the provisions of the several Acts mentioned in the Schedule (C.) to this Act annexed), whether such Design be applicable to the ornamenting of any article of manufacture, or of any substance, artificial or natural, or partly artificial and 15 partly natural, and that whether such Design be so applicable for the pattern, or for the shape or configuration, or for the ornament thereof, or for any two or more of such purposes, and by whatever means such Design may be so applicable, whether by printing, or by painting, or by embroidery, or by weaving, or by sewing, or by modelling, or by 20 casting, or by embossing, or by engraving, or by staining, or by any other means whatsoever, manual, mechanical or chemical, separate or combined; BE it Enacted, That the Proprietor of every such Design, not published either within the United Kingdom of Great Britain and Ireland, or elsewhere, before the said First day of July, shall have 25 the sole right to apply the same to any articles of manufacture, or to any such substances as aforesaid, provided the same be done within the United Kingdom of Great Britain and Ireland, for the respective terms hereinafter mentioned, such respective terms to be computed from the time of such Design being registered according to this Act; 30 (that is to say)

In respect of the application of any such design to ornamenting
any article of manufacture contained in the First, Second, Third,
Fourth, Fifth, Sixth, Eighth or Eleventh of the Classes following,
for the term of Three Years:

In respect of the application of any such design to ornamenting
article of manufacture contained in the Seventh, Ninth
any
or Tenth of the Classes following, for the term of Nine ca-
lendar Months:

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In respect of the application of any such design to ornamenting 40
any article of manufacture or substance contained in the Twelfth
or Thirteenth of the Classes following, for the term of Twelve
calendar Months:

Class

Class 1.-Articles of manufacture composed wholly or chiefly
of any metal or mixed metals:

Class 2.-Articles of manufacture composed wholly or chiefly
of wood:

Class 3.-Articles of manufacture composed wholly or chiefly
of glass:

Class 4.-Articles of manufacture composed wholly or chiefly
of earthenware.

Class 5.-Paper Hangings :

Class 6.-Carpets :

Class 7.-Shawls, if the design be applied solely by printing, or
by any other process by which colours are or may hereafter
be produced upon tissue or textile fabrics :

Class 8.-Shawls not comprised in Class 7:

Class 9.- Yarn, thread or warp, if the design be applied by
printing, or by any other process by which colours are or may
hereafter be produced :

Class 10.-Woven fabrics composed of linen, cotton, wool, silk
or hair, or of any two or more of such materials, if the design
be applied by printing, or by any other process by which colours
are or may hereafter be produced upon tissue or textile fabrics;
excepting the articles included in Class 11:

Class 11-Woven fabrics, composed of linen, cotton, wool, silk
or hair, or of any two or more of such materials, if the design
be applied by printing, or by any other process by which
colours are or may hereafter be produced upon tissue or textile
fabrics, such woven fabrics being or coming within the descrip-
tion technically called furnitures, and the repeat of the design
whereof shall be more than Twelve Inches by Eight Inches :
Class 12.-Woven fabrics, not comprised in any preceding Class:
Class 13.-Lace and any article of manufacture or substance not
comprised in any preceding Class.

4.

Conditions of
Copyright.

Provided always, and be it Enacted, That no person shall be entitled to the benefit of this Act, with regard to any Design in respect 35 of the application thereof to ornamenting any article of manufacture, or any such substance, unless such Design have, before publication thereof, been registered according to this Act, and unless at the time Registration. of such registration such Design have been registered in respect of the application thereof to some or one of the articles of manufacture or 40 substances comprised in the above-mentioned classes, by specifying the number of the class in respect of which such registration is made, and unless the name of such person shall be registered according to

Marks denoting a registered Design.

5.

"Proprietor" explained.

6.

Transfer of

and

thereof.

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this Act as a Proprietor of such Design, and unless, after publication
of such Design, every such article of manufacture, or such substance,
to which the same shall be so applied, published by him, hath thereon,
if the article of manufacture be a woven fabric for printing, at one
end thereof, or if of any other kind or such substance as aforesaid,
at the end or edge thereof, or other convenient place thereon, the
letters "Rd.," together with such number or letter, or number and
letter, and in such form as shall correspond with the date of the
registration of such Design, according to the Registry of Designs in
that behalf; and such marks may be put on any such article of 10
manufacture, or such substance, either by making the same in or on
the material itself of which such article or such substance shall con-
sist, or by attaching thereto a label containing such marks.

And be it Enacted, That the Author of any such new and original Design shall be considered the Proprietor thereof, unless he have 15 executed the work on behalf of another person for a good or a valuable consideration, in which case such person shall be considered the Proprietor, and shall be entitled to be registered in the place of the Author; and every person acquiring, for a good or a valuable consideration, a new and original Design, or the right to apply the same to 20 ornamenting any one or more articles of manufacture, or any one or more such substances as aforesaid, either exclusively of any other person or otherwise, and also every person upon whom the property in such Design, or such right to the application thereof, shall devolve, shall be considered the Proprietor of the Design in the respect in 25 which the same may have been so acquired, and to that extent, but not otherwise.

And be it Enacted, That every person purchasing or otherwise Copyrighter acquiring the right to the entire or partial use of any such Design may enter his title in the Register hereby provided; and any writing 30 purporting to be a transfer of such Design, and signed by the Proprietor thereof, shall operate as an effectual transfer; and the Registrar shall, on request, and the production of such writing, or in the case of acquiring such right by any other mode than that of purchase, on the production of any evidence to the satisfaction of the Registrar, insert 35 the name of the new Proprietor in the Register; and the following may be the form of such transfer, and of such request to the Registrar:

FORM of TRANSFER, and AUTHORITY to REGISTER.

"I, A. B., Author [or, Proprietor] of Design, No. having transferred my right thereto [or, if such transfer be 40 partial], so far as regards the ornamenting of

[describe the articles of manufacture or substances, or the

locality

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locality with respect to which the right is transferred], to B. C.,

FORM of REQUEST to REGISTER.

"I, B. C., the person mentioned in the above transfer, do request you to register my name and property in the said Design as entitled [if to the entire use] to the entire use of such Design [or, if to the partial use], to the partial use of such Design, so far as regards the application thereof [describe the articles of manufacture, or the locality in relation to which the right is transferred]."

But if such request to register be made by any person to whom any such Design shall devolve otherwise than by transfer, such request may be in the following form:

I, C. D., in whom is vested by [state bankruptcy or other-
wise] the Design, No.
[or, if such devolution be of a
partial right, so far as regards the application thereof] to [describe
the articles of manufacture or substance, or the locality in relation
to which the right has devolved]."

7.

Designs.

AND for preventing the Piracy of registered Designs; BE it Piracy of Enacted, That during the existence of any such right to the entire or partial use of any such Design, no person shall either do or cause to be done any of the following acts with regard to any articles of manufacture, or substances, in respect of which the Copyright of such 25 Design shall be in force, without the license or consent in writing of the registered Proprietor thereof; (that is to say)

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No person shall apply any such Design, or any fraudulent or
colourable variation thereof for the purpose of sale, to the orna-
menting of any article of manufacture, or any substance,
artificial or natural, or partly artificial and partly natural:
No person shall publish, sell or expose for sale any article of
manufacture, or any substance, to which such Design, or any
fraudulent or colourable variation thereof, shall have been so
applied, knowing that the Proprietor of such Design hath not
given his consent to such application.

And be it Enacted, That if any person commit any such act, he shall for every offence forfeit a sum not less than Five Pounds and not exceeding Thirty Pounds to the Proprietor of the Design in respect of whose right such offence has been committed, and such Proprietor may recover such penalty as follows:

8.

Recovery of

Penalties for
Piracy.