A Treatise on the Law of Copyright in Books, Dramatic and Musical Compositions, Letters and Other Manuscripts, Engravings and Sculpture, as Enacted and Administered in England and America; with Some Notices of the History of Literary Property

c. 53.

be entered

months

for that purpose in such manner as hath been usual on or 15 G. III. before the twenty-fourth day of June one thousand seven hundred and seventy-five; and of all and every such book or books as may or shall hereafter be bequeathed or given Books must as aforesaid be entered in such register within the space within two of two months after any such bequest or gift shall have after come to the knowledge of the vice-chancellors of the said bequest. universities or heads of houses and colleges of learning or of the principal of any of the said four universities respectively; for every of which entries so to be made as aforesaid the sum of six pence shall be paid and no more; which said register book shall and may at all seasonable and convenient times be referred to and inspected by any bookseller printer or other person without any fee or reward; and the clerk of the said Company of Stationers shall when and as often as thereunto required give a certificate under his hand of such entry or entries, and for every such certificate may take a fee not exceeding six pence.

V. And be it further enacted, That if the clerk of the If clerk neglect to said Company of Stationers for the time being shall refuse make enor neglect to register or make such entry or entries or to try, &c. proprietor give such certificate, being thereunto required by the to have like agent of either of the said universities or colleges afore- benefit, &c. said lawfully authorized for that purpose, then either of the said universities or colleges aforesaid, being the proprietor of such copyright or copyrights as aforesaid (notice being first given of such refusal by advertisement in the Gazette) shall have the like benefit as if such entry or entries certificate or certificates had been duly made and given; and the clerk so refusing shall for every such offence forfeit twenty pounds to the proprietor or proprietors of every such copyright; to be recovered in any of his Majesty's courts of record at Westminster or in the court of Session in Scotland by action of debt bill plaint or information, in which no wager of law essoign privilege protection or more than one imparlance shall be allowed.

15 G. III. c. 53.

8 Anne, c. 19.

VI. "And whereas in and by an Act of Parliament made in the eighth year of the reign of her late Majesty Queen Anne, intituled An Act for the Encouragement of Learning by vesting the Copies of printed Books in the Authors or Purchasers of such Copies during the times therein mentioned, it is enacted, That nine copies of each book or books upon the best paper that from and after the tenth day of April one thousand seven hundred and ten should be printed and published as therein mentioned, or reprinted and published with additions, shall by the printer or printers thereof be delivered to the warehouse-keeper of the said Company of Stationers for the time being at the hall of the said Company before such publication made, for the use of the royal library the libraries of the universities of Oxford and Cambridge the libraries of the four universities in Scotland the library of Sion College in London and the library commonly called The Library belonging to the Faculty of Advocates in Edinburgh respectively; which such warehouse-keeper was thereby required within ten days after demand by the keepers of the respective libraries, or any person or persons by them or any of them authorized to demand the said copy, to deliver the same for the use of the aforesaid libraries; and if any proprietor bookseller or printer or the said warehouse-keeper of the said Company of Stationers should not observe the direction of the said Act therein, that then he and they so making default in not delivering the said printed copies as aforesaid should forfeit as therein mentioned: And whereas the said provision has not proved effectual but the same hath been eluded by the entry only of the title to a single volume or of some part of such book or books so printed and pubNo person lished or reprinted and republished as aforesaid;" Be it subject to enacted by the authority aforesaid, That no person or penalties in the said act persons whatsoever shall be subject to the penalties in the title to the said Act mentioned for or by reason of the printing or copy of the reprinting importing or exposing to sale any book or entered, &c. books without the consent mentioned in the said Act,

unless the

whole be

unless the title to the copy of the whole of such book and

every volume thereof be entered in manner directed by 15 G. III. the said Act in the register book of the Company of Sta- c. 53. tioners, and unless nine such copies of the whole of such book or books and every volume thereof printed and published or reprinted or republished as therein mentioned shall be actually delivered to the warehouse-keeper of the said Company as therein directed for the several uses of the several libraries in the said Act mentioned.

issue.

VII. And be it further enacted by the authority afore- Limitation said, That if any action or suit shall be commenced or of actions. brought against any person or persons whatsoever for doing or causing to be done any thing in pursuance of this Act, the defendants in such action may plead the general General issue and give the special matter in evidence; and if upon such action a verdict, or if the same shall be brought in the Court of Session in Scotland a judgment be given for the defendant, or the plaintiff become nonsuited and discontinue his action, then the defendant shall have and recover his full costs, for which he shall have the same remedy as a defendant in any case by law hath.

VIII. And be it further enacted by the authority afore- Public act. said, That this Act shall be adjudged deemed and taken to be a public Act; and shall be judicially taken notice of as such by all judges justices and other persons whatsoever without specially pleading the same.

17G. III. c. 57.

17 George III. c. 57. —An Act for more effectually securing the Property of Prints to Inventors and Engravers, by enabling them to sue for and recover Penalties in certain Cases.

"WHEREAS an Act of Parliament passed in the eighth year of the reign of his late Majesty King George the Second, intituled An Act for the Encouragement of the 7 Geo. III. Arts of Designing, Engraving, and Etching Historical

8 Geo. II.

and other Prints, by vesting the Properties thereof in the Inventors and Engravers during the time therein mentioned: And whereas by an Act of Parliament passed in the seventh year of the reign of his present Majesty, for amending and rendering more effectual the aforesaid Act, and for other purposes therein mentioned, it was (among other things) enacted, That from and after the first day of January one thousand seven hundred and sixty-seven all and every person or persons who should engrave etch or work in mezzotinto or chiaro oscuro, or cause to be engraved etched or worked any print taken from any picture drawing model or sculpture either ancient or modern, should have and were thereby declared to have the benefit and protection of the said former Act and that Act for the term therein-after mentioned, in like manner as if such print had been graved or drawn from the original design of such graver etcher or draughtsman: And whereas the said acts have not, effectually answered the purposes for which they were intended, and it is necessary for the encouragement of artists and for securing to them the property of and in their works and for the advancement and improvement of the aforesaid arts that such further provisions should be made as are herein-after mentioned and If any en contained;" May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of without the the Lords Spiritual and Temporal and Commons in this the proprie- present Parliament assembled, and by the authority of the

graver, &c. shall en

grave, &c.

any print

consent of

tor, he shall

be liable to damages and double costs.

c. 57.

same, That from and after the twenty-fourth day of June 17 G. III. one thousand seven hundred and seventy-seven if any engraver etcher printseller or other person shall within the time limited by the aforesaid Acts, or either of them, engrave etch or work or cause or procure to be engraved etched or worked in mezzotinto or chiaro oscuro, or otherwise or in any other manner copy in the whole or in part by varying adding to or diminishing from the main design, or shall print reprint or import for sale or cause or procure to be printed reprinted or imported for sale, or shall publish sell or otherwise dispose of or cause or procure to be published sold or otherwise disposed of any copy or copies of any historical print or prints or any print or prints of any portrait conversation landscape or architecture map chart or plan, or any other print or prints whatsoever which hath or have been or shall be engraved etched drawn or designed in any part of Great Britain without the express consent of the proprietor or proprietors thereof first had and obtained in writing signed by him or her or them respectively with his her or their own hand or hands in the presence of and attested by two or more credible witnesses, then every such proprietor or proprietors shall and may, by and in a special action upon the case to be brought against the person or persons so offending recover such damages as a jury on the trial of such action or on the execution of a writ of inquiry thereon shall give or assess together with double costs of suit.

« Zurück Weiter »