Winchester, a copyright in books given or bequeathed to them for the advancement of useful learning or other purposes of education; and this copyright they hold in perpetuity, unless the bequest is expressly stated to be for a limited term, and if they continue to print at their own presses. But the penalties given by these acts against piracy, cannot be recovered, unless the title to the copy of the book be entered at stationers' hall, within the space of two months after the bequest or gift thereof shall have come to the knowledge of the vice-chancellors, or heads of colleges, or principals, of the said institutions, respectively. If the clerk of the stationers' company neglect or refuse to make the entry and grant a certificate thereof, when required, then the proprietors (notice being first given of such neglect or refusal in the London Gazette,) are to have the like benefit as if the entry and certificate had been made and given, and the clerk is subjected to a penalty.2 Prints and engravings are regulated by the acts 8 Geo. II. c. 13, 7 Geo. III. c. 38, and 17 Geo. III. c. 57, the latter being extended to Ireland by the 6 and 7 Wm. IV. c. 59. Registration does not seem to be required; but the statute & Geo. II. c. 13, § 1, 1 Sawyer v. Dicey, 3 Wills. 60. Acts 15 Geo. III. c. 53, 5; and 41 Geo. III. c. 107, § 5. The rights of the several universities and colleges mentioned in these acts are saved to them by the 5 and 6 Vict. c. 45, 27. The universities ob tained these rights by special enactment, after the decision of the house of lords, in Donaldson v. Becket, had unexpectedly overthrown the doctrine of perpetual copyright at common law. requires that the day of the first publication shall be truly engraved with the name of the proprietor on each plate, and printed on every copy. The fulfilment of this requisition has been held to be necessary, to enable a party to recover, in case of piracy, the penalties imposed by the statutes. But it was formerly doubted whether an action at law for damages, or a bill in equity for an account and injunction, could not be sustained, without a compliance with these requisitions.1 But it has since been settled, that no action for the piracy of a print can be maintained, unless the date and name of the proprietor were engraved upon it, according to the act.2 Sculpture, which is protected by the act 54 Geo. III. c. 56, (which amended the 33 Geo, III. c. 71,) must have the name of the proprietor, with the date, put upon each original copy or cast.3 4 Delivery of Copies to certain Public Libraries. The Blackwell v. Harper, 2 Atk. 95. Roworth v. Wilkes, 1 Camp. 95. Harrison v. Hogg, 2 Ves. Jr. 323. Thompson v. Symonds, 5 T. R. 41. 2 Brooks v. Cock, 3 Ad. & Ellis, 138. 3 Act 54 George III. c. 56, § 1. See Appendix. 4 It has long been a part of the policy of English legislation on the subject of literature, to support certain institutions by compelling a delivery of a certain number of copies of all published works. The first statute containing this requirement, was the 13 and 14 Car. II. c. 33, by which three copies were ordered to be delivered, one for each of the two English universities, and one for the king's library. This was followed by the 8 Anne, c. 19, which extended the number of copies to nine; one for the King's Library, two for the libraries of Oxford and Cambridge, four for the libraries of the four Scotch universities, one for Sion College in London, and one for the library of the Faculty of Advocates in Edinburgh. The 41 George III. c. 107, gave two more copies, one to Trinity College, and one to the King's Inn, Dublin. The 54 George III. c. 156, substituted the British Museum, in place of the King's Li 5 and 6 Vict. c. 45, § 6, requires the delivery to the British Museum, of a printed copy printed copy of every book published after the passing of the act, together with all maps, prints, or other engravings belonging to it, finished and colored as are the best copies of the work; also of a printed copy of any second or subsequent edition published with additions or alterations, whether in the letter-press or in the maps, prints, or other engravings, and whether the first edition was published before or after the passing of the act; and also of a printed copy of any second or subsequent, of which the first or some preceding edition has not been delivered to the Museum. Each of these copies is required to be bound, sewed or stitched together, and to be upon the best paper on which the work is printed; and the delivery must be made within one calendar month after the book is first published within the bills of mortality, or within three calendar months after it is first published in any other part of the united kingdom, or within brary. Under these statutes, all books published, whether entered at stationers' hall or not, were demandable, under a penalty. The University of Cambridge v. Bryer, 16 East, 317. This legislation has recently been followed in the United States, in the law establishing the Smithsonian Institute, (Act of Congress, Aug. 1846, c. 178,) which directs, without any penalty, a copy of every book, of which the copyright shall be secured, to be sent to the library of that institution. It is to be regretted that this species of tax upon literature should have been introduced into this country. If confined to a single institution, it will never be very seriously felt. But, should the instances be multiplied, the justice and expediency of the measure will require grave consideration. In 1818, evidence was taken before a committee of the house of commons, upon the propriety of this tax. For this evidence and other discussions on the subject see Maugham on Copyright, Appendix, p. 229, et seq. twelve calendar months after it is first published in any other part of the British dominions. The seventh section of the act prescribes the days on which the delivery is to be made, and directs the person receiving the book to give a receipt for the same in writing.2 The eighth section of the same statute requires that a copy of every book, or of any second or subsequent edition containing additions or alterations, together with all maps, and prints belonging to it, published after the passing of the act, on the paper of which the largest number of copies is printed for sale, and in like condition with them, shall, on demand in writing, left at the publisher's abode within twelve months after publication, under the hand of the officer of the stationers' company, or of any person with authority from the Bodleian Library at Oxford, the Public Library at Cambridge, the Library of the Faculty of Advocates at Edinburgh, and the Library of Trinity College, Dublin, be delivered within one month after such demand, to the officer of the stationers' company; which copies the officer is required to receive for the use of the library for which such demand shall have been made, and to give a written receipt therefor.3 But it is optional with the publisher to deliver the copies at the libraries, instead of at the stationers' company. The penalty for default in delivering copies as required 1 Act 5 and 6 Vict. c. 45, § 6. Ibid § 7. 8. 3 Ibid. |