end of that period, for the remainder of the author's life.

By the 5 and 6 Vict. c. 45, § 20, the sole liberty of representing or performing, or causing or permitting to be represented or performed, any dramatic piece or musical composition, was made to endure and be the property of the author and his assigns, for the term provided in the same act for the duration of copyright in books, viz. for the author's life, and seven years after his death, or for forty-two years.

The question may arise, under these statutes, whether the author of an unpublished play or musical composition, has the exclusive right of representation or performance forever. The act 3 Wm. IV. c. 15, gave to the author, or his assignee, of an unpublished play, the sole liberty of performing it, without any limitation of time, and when it is considered that by the common law it had previously been settled that representation is not publication, and that consequently, so long as the author keeps his play in manuscript, no one can acquire the right to perform it by printing it surreptitiously from the mouths of the actors, it would seem that this act is merely declaratory of the common law, and intended to confirm a perpetual exclusive right in the case of an unpublished play. But the act 5 and 6 Vict. c. 45, § 20, without noticing the distinction between published and unpublished plays, contained in the former act, recites as follows: "And whereas an act was passed in the third year of the reign of his

late Majesty, to amend the law relating to dramatic literary property, and it is expedient to extend the term of the sole liberty of representing dramatic pieces given by that act to the full time by this act provided for the continuance of copyright;" and it then enacts, that "the sole liberty of representing or performing, or causing or permitting to be represented or performed, any dramatic piece or musical composition, shall endure and be the property of the author thereof, and his assigns, for the term in this act provided for the duration of copyright in books, viz. during the author's life and for seven years after his decease, if the life and the term of seven years together make forty-two years, and if not, then for forty-two years from the first publication. The construction of the two acts together, will be aided by inquiring what term, in the act 3 Wm. IV. is referred to by the words in the preamble of the last act, "the term of the sole liberty," &c. which is to be extended. other term is provided in the former act, than that for the performance of published plays. The sole right to perform unpublished plays is confirmed to the author without limitation of time. If, therefore, the preamble refers to the term before provided for published plays, and confines the general words of the enacting clause to the same reference, the sole right to perform unpublished plays is not reduced from a perpetuity to a term of forty-two years, but remains untouched.

No

Assuming this to be so, the law now stands thus:

1. The author or assignee of a dramatic or musical composition, unprinted and unpublished, has a sole and perpetual right to its performance.

2. The author or assignee of a dramatic or musical composition printed and published within ten years before the passing of the 3 and 4 Wm. IV. c. 15, (10th June, 1833,) or printed and published after the passing of that act, has the sole right of performance for the author's life, and seven years after his death, and if that time expire before forty-two years from the time of first performance, then for such fortytwo years.1

3. Engravings. The 8 Geo. II. c. 13, vested a copyright in historical and other prints for the term of fourteen years, to commence from the day of the first publication. By the 7 Geo. III. c. 38, § 1, the benefits of the former act were extended to the prints of any portrait, conversation, landscape, or architecture, map, chart or plan, or any other prints whatsoever, whether taken from the artist's own original designs, or from any picture, drawing, model, or sculpture, either ancient or modern; and the term of enjoying the right was in all cases enlarged from fourteen to twenty-eight years.

Maps, charts and plans are now, by the 5 and 6 Vict. c. 45, § 2, regarded as "books," and are consequently entitled to the same period of copyright. 4. Sculpture. In the subjects of sculpture, by the

1 Burke on Copyright, p. 42.

54 Geo. III. c. 56, § 1, a term of fourteen years copyright is vested in the person who made or caused to be made the original sculpture, model, copy or cast; and, by the fifth section, an additional term of fourteen years is also given, if such person be living at the end of the first term, and have not divested himself of the copyright by sale or otherwise.1

2. Duration of Copyright in the United States.

By the act of congress of 3d February, 1831, § 1, books, maps, charts, musical compositions, prints, cuts and engravings, have a term of copyright of twenty-eight years from the time of recording the title thereof.2

If, at the expiration of the first term of twentyeight years, the author, inventor, designer, engraver, or any of them, where the work had been originally composed and made by more than one person, be still living, and a citizen or citizens of the United States, or resident therein, or being dead, shall have left a widow, or child, or children, either or all then living, the same exclusive right shall be continued to such author, designer, or engraver, or if dead then to such widow and child, or children, for the further term of fourteen years: Provided, that the title of the work so secured shall be a second time recorded, and all the other regulations of the act in relation to

1 See Appendix, p. 38.

2 See Appendix, p. 93.

original copyrights be complied with in respect to such renewed copyright, and that within six months before the expiration of the first term.' The act further requires that a copy of the record of renewal be published in one or more newspapers printed in the United States, within two months from the date of such renewal, for the space of four weeks.2