ings commenced under this act in respect of copies of books required to be delivered to the British Museum and the four other libraries.

The 21st section of the 5 & 6 Vict. c. 45, gives to the proprietors of the right of dramatic or musical representation or performance during the term of their interest, all the remedies provided by the 3 W. IV. c. 15. By the 3 W. IV. c. 15, § 2, it is enacted, that if any person, during the continuance of the exclusive right of representing a dramatic piece, cause to be represented, without the author's or proprietor's previous written consent, such production at any place of dramatic entertainment within the British dominions, every such offender shall, for each representation, be liable to the payment of not less than 40s., or of the full amount of the advantage arising from the representation, or of the loss sustained by the plaintiff, whichever shall be the greater damage. These penalties are recoverable by the author or proprietor, together with double costs of suit in any court having jurisdiction in such cases, in that part of the British dominions where the offence is committed. Pursuant to the 24th section of the 5 & 6 Vict. c. 45, the right to recover these penalties is not prejudiced by an omission to register on the part of the proprietor of the sole liberty of representing a dramatic piece.

The 3d section of the 3 W. IV. c. 15, provides that all actions or proceedings for any offence or injury against that act shall be commenced within twelve.

calendar months from the committing of the offence, or else the same shall be void and of no effect.

By the 8 Geo. II. c. 13, any person pirating a print or engraving is made liable to forfeit the plate on which such print shall be copied, and every sheet whereon such print shall be copied or printed to the proprietor of the original, who is forthwith to destroy the same; and the offender is further to forfeit five shillings for every print found in his custody, one moiety to the king, and the other to any person who shall sue for the same. And by the 17 Geo. III. c. 57, extended to Ireland by the 6 & 7 W. IV. c. 59, persons pirating such prints are made liable to an action on the case for damages at the suit of the proprietor, together with double costs.

The 3d section of the 54 Geo. III. c. 56, enacts that if any person, within the term of copyright, make or import, or cause to be made, imported, exposed to sale, or otherwise disposed of, a pirated copy or pirated cast of any original sculpture or other matter abovementioned, whether such pirated copy or cast be produced by moulding, copying, or other means of imitation, to the detriment, damage, or loss of the proprietor, then such proprietor or his assignee may, by special action on the case, recover against a person so offending such damages as a jury may assess at the time, together with double costs of suit.

Pursuant to the fifth section of the same act, all actions for piracy of sculpture must be brought

within six calendar months after the discovery of the offence.

In the United States, the statute of 1831 provides penalties to be recovered by action of debt, one moiety to the use of the proprietor of the copyright, and the other moiety to the use of the United States. No action on the case for damages is provided by statute; but there can be no doubt that here, as well as in England, such an action lies at common law.

1

The statute also inflicts a forfeiture of the pirated copies of the book, in addition to the other penalties; 2 and for a false representation that a book has been entered for copyright according to the requirements of the statute, it inflicts a forfeiture of one hundred dollars, to be recovered by action of debt, one moiety to the use of the person who shall sue for the same, and one moiety to the use of the United States.3

The 10th section provides, that if any person or persons shall be sued or prosecuted, for any matter, act, or thing done under or by virtue of this act, he or they may plead the general issue, and give the special matter in evidence.^

The 13th section limits the right of action to two years after the cause of action shall have arisen.5 The penalties for violating the copyright of maps,

The penalties are fifty cents for every sheet in the party's possession, printed or printing, published, imported or exposed to sale. Act of

Cong. 3d February, 1831, § 6. See
Appendix, p. 95.
2 Ibid.
3 Ibid. § 11.

4

* Ibid. 10.

5 Ibid. § 13.

charts, musical compositions, engravings, cuts or prints, are, the forfeiture of the plate or plates, and of one dollar for every sheet found in the possession of the party, printed or published, or exposed to sale, the one moiety to the true proprietor, and the other moiety to the use of the United States.1

The printing or publishing any manuscript whatever, without the consent of the author or legal proprietor first obtained, (if such author or proprietor be a citizen of the United States or resident therein,) renders the party liable to suffer and pay to the author or proprietor all damages occasioned by such injury, to be recovered by a special action on the case founded upon the statute, in any court having cognizance thereof; and the several courts of the United States empowered to grant injunctions to prevent the violation of the rights of authors and inventors, are empowered to grant injunctions in like manner, according to the principles of equity, to restrain such publications of manuscripts.2

2. Remedies in Equity.

The jurisdiction of courts of equity, in cases of copyright, is exercised by injunction, and extends, incidentally, to the taking an account of the damages occasioned by the piratical publication.

The ground upon which a court of equity exercises its jurisdiction, is, that damages do not give adequate

167.

29. See post, pp. 329, 330, et seq.

relief; and that the sale of copies by the defendant is in each instance not only taking away the profit upon the individual work, which the plaintiff probably would have sold, but that it may injure him to an incalculable extent, which no inquiry for the purpose of damages can ascertain. A court of equity therefore acts with a view to make the legal right effectual, by preventing the publication altogether.1

In general, when proceedings are instituted to obtain the interference of a court of equity, it is necessary for the plaintiff to show a prima facie legal title. If the author of the book is himself the plaintiff, he alleges in his bill, or in an affidavit accompanying it, his title by authorship; and, in the United States, it is necessary to offer proof that he has complied with the statute directions for securing his right, though in England it is not necessary to relief in equity that the book should have been entered at stationers' hall. It is not, however, indispensable to relief, that the party should have a strictly legal title. It is sufficient that he has a clear equitable title. Formerly, courts of equity would not interfere, by way of injunction, to protect copyrights or patents, until the title had been established at law. But the present course is to exercise jurisdiction, in all cases where there is a clear color of title, founded on long possession, and assertion of right.

Hogg v. Kirby, 8 Ves. 215, 225. Wilkins v. Aiken, 17 Ves. 422,424. Lawrence v. Smith, Jacobs R. 471. 2 Story's Eq. Jurisp. 930, 933.

3

2 Rundell v. Murray, Jacobs R. 314.

32 Story's Eq. Jurisp. § 935. Mawman v. Tegg, 2 Russ. 385.