38 G. III. c. 71. 38 George III. c. 71. — An Act for encouraging the Art of making new Models and Casts of Busts, and other things therein mentioned. - [21st June 1798.] "WHEREAS divers persons have by their own genius industry pains and expence improved and brought the art of making new models and casts of busts and of statues of human figures and of animals to great perfection, in hopes to have reaped the sole benefit of their labours; but divers persons have (without the consent of the proprietors thereof) copied and made moulds from the said. models and casts and sold base copies and casts of such new models and casts to the great prejudice and detriment of the original proprietors and to the discouragement of the art of making such new models and casts as aforesaid:" For remedy whereof and for preventing such practices for the future, may it 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 the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act every property of person who shall make or cause to be made any new making mo- model or copy or cast made from such new model of any bust or any part of the human figure or any statue of the human figure or the head of any animal or any part of any the original proprietor animal or the statue of any animal; or shall make or cause for 14 years. to be made any new model copy or cast from such new model in alto or basso relievo or any work in which the representation of any human figure or figures or the representation of any animal or animals shall be introduced, or shall make or cause to be made any new cast from nature of any part or parts of the human figure or of any part or parts of any animal, shall have the sole right and property in every such new model copy or cast, and also in every such new model copy or cast in alto or basso relievo or any work as aforesaid, and also in every such The sole right and dels or casts shall be vested in new cast from nature as aforesaid, for and during the 38 G. III. term of fourteen years from the time of first publishing c. 71. the same: Provided always, That every person who shall make or cause to be made any such new model copy or cast or any such new model copy or cast in alto or basso relievo or any work as aforesaid, or any new cast from nature as aforesaid, shall cause his or her name to be put thereon with the date of the publication before the same shall be published and exposed to sale. making copies of any model without the or cast written consent of the may be prosecuted ages, by a case. II. And be it further enacted, That if any person shall Person within the said term of fourteen years make or cause to be made any copy or cast of any such new model copy or cast or any such model copy or cast in alto or basso relievo or any such work as aforesaid, or any such new cast from nature as aforesaid, either by adding to or diminish- proprietor, ing from any such new model copy or cast or adding to or diminishing from any such new model copy or cast in for damalto or basso relievo or any such work as aforesaid, or special acadding to or diminishing from any such new cast from tion on the nature or shall cause or procure the same to be done, or shall import any copy or cast of such new model copy or cast, or copy or cast of such new model copy or cast in alto or basso relievo or any such work as aforesaid, or any copy or cast of any such new cast from nature as aforesaid for sale, or shall sell or otherwise dispose of or cause or procure to be sold or exposed to sale or otherwise disposed of any copy or cast of any such new model copy or cast, or any copy or cast of such new model copy or cast in alto or basso relievo or any such work as aforesaid, or any copy or cast of any such new cast from nature as aforesaid without the express consent of the proprietor or proprietors thereof first had and obtained in writing signed by him her or them respectively with his her or their hand or hands in the presence of and attested by two or more credible witnesses, then and in all or any of the cases aforesaid every proprietor or proprietors of any such original model copy or cast and every proprietor or proprietors of any such original model or copy or cast in alto or basso relievo or any such work as aforesaid, 38 G. III. or the proprietor or proprietors of any such new cast from c. 71. nature as aforesaid respectively, 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 enquiry thereon shall give or assess together with full cost of suit. Except such persons who shall purchase the III. Provided nevertheless, That no person who shall hereafter purchase the right either in any such model copy or cast or in any such model copy or cast in alto or same of the basso relievo or any such work as aforesaid or any such original proprietor. new cast from nature of the original proprietor or proprietors thereof shall be subject to any action for vending or selling any cast or copy from the same; any thing contained in this Act to the contrary hereof notwithstanding. IV. Provided also, That all actions to be brought as aforesaid against any person or persons for any offence committed against this Act shall be commenced within six callendar months next after the discovery of every such offence and not afterwards. Limitation of actions. 41 George III. c. 107. — An Act for the further Encouragement of Learning, in the United Kingdom of Great Britain and Ireland, by securing the Copies and Copyright of printed Books to the Authors of such Books, or their Assigns for the Time herein mentioned. [2d July 1801.] - c. 107. books to be WHEREAS it is expedient that further protection 41 G. III. should be afforded to the authors of books and the purchasers of the copies and copyright of the same in the United Kingdom of Great Britain and Ireland;" 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 the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That the author of any book or books already composed Authors of and not printed or published and the author of any book books already comor books which shall hereafter be composed and the as- posed, and not printed signee or assigns of such authors respectively shall have or publishthe sole liberty of printing and reprinting of such book ed, and of and books for the term of fourteen years, to commence hereafter from the day of first publishing the same and no longer; and their composed, and that if any other bookseller printer or other person assigns whosoever in any part of the said United Kingdom or in the sole part of the British dominions in Europe shall from and right of printing after the passing of this Act print reprint or import or them for shall cause to be printed reprinted or imported any such book or books without the consent of the proprietor or proprietors of the copyright of and in such book or books first had and obtained in writing, signed in the presence any part of of two or more credible witnesses, or knowing the same Kingdom, or British to be so printed reprinted or imported without such conEuropean sent of such proprietor or proprietors shall sell publish or dominions, expose to sale or cause to be sold published or exposed print, re shall have fourteen years: Booksell ers, &c. in the United who shall print, or import, &c. any such book without consent of the proprietor, shall be liable to an action for damages, and shall also forfeit the books to the proprietor, and 3d. per sheet. Half to the King, and half to the informer. 41 G. III. to sale, or shall have in his her or their possession for c. 107. sale any such book or books without such consent first had and obtained as aforesaid, then such offender or offenders shall be liable to a special action on the case at the suit of the proprietor or proprietors of the copyright of such book or books so unlawfully printed reprinted or imported or published or exposed to sale, or being in the possession of such offender or offenders for sale as aforesaid contrary to the true intent and meaning of this Act; and every such proprietor and proprietors shall and may by and in such special action upon the case to be so brought against such offender or offenders in any court of record in that part of the said United Kingdom or of the British dominions in Europe in which the offence shall be committed, recover such damages as the jury on the trial of such action or on the execution of a writ of enquiry thereon shall give or assess together with double costs of suit; in which action no wager of law essoign privilege or protection nor more than one imparlance shall be allowed; and all and every such offender or offenders shall also forfeit such book or books and all and every sheet and sheets being part of such book or books, and shall deliver the same to the proprietor or proprietors of the copyright of such book or books upon order of any court of record in which any action or suit in law or equity shall be commenced or prosecuted by such proprietor or proprietors, to be made on motion or petition to the said court; and the said proprietor or proprietors shall forthwith damask or make waste paper of the said book or books and sheet or sheets respectively; and all and every such offender or offenders shall also forfeit the sum of three pence for every sheet which shall be found in his or their custody, either printed or printing or published or exposed to sale contrary to the true intent and meaning of this Act, the one moiety thereof to the King's most excellent Majesty his heirs and successors, and the other moiety thereof to any person or persons who shall sue for the same in any such court of record by action of debt bill plaint or information, in which no wager of |
