5 & 6 Vict. c. 45.

In cases of

subsisting copyright,

be extend

ed, except when it shall be

other con

than natural

love and affection;

in which

cease at the

expiration

sent term,

unless its extension

the first publication thereof, and shall be the property of the proprietor of the author's manuscript from which such book shall be first published, and his assigns.

IV. And whereas it is just to extend the benefits of this act to authors of books published before the passing the term to thereof, and in which copyright still subsists; be it enacted, That the copyright which at the time of the passing of this act shall subsist in any book theretofore published long to an (except as hereinafter mentioned) shall be extended and assignee for endure for the full term provided by this act in cases of sideration books thereafter published, and shall be the property of the person who at the time of passing of this act shall be the proprietor of such copyright: provided always, that case it shall in all cases in which such copyright shall belong in whole or in part to a publisher or other person who shall have of the pre- acquired it for other consideration than that of natural love and affection, such copyright shall not be extended be agreed to by this act, but shall endure for the term which shall subbetween the sist therein at the time of passing of this act, and no proprietor longer, unless the author of such book, if he shall be living, or the personal representative of such author, if he shall be dead, and the proprietor of such copyright, shall, before the expiration of such term, consent and agree to accept the benefits of this act in respect of such book, and shall cause a minute of such consent, in the form in that behalf given in the schedule to this act annexed, to be entered in the book of registry hereinafter directed to be kept, in which case such copyright shall endure for the full term by this act provided in cases of books to be published after the passing of this act, and shall be the property of such person or persons as in such minute shall be expressed.

and the author.

Judicial

committee

V. And whereas it is expedient to provide against the of the privy suppression of books of importance to the public; be it council may enacted, That it shall be lawful for the Judicial Commitlicense the republica- tee of her Majesty's Privy Council, on complaint made to them that the proprietor of the copyright in any book after the death of its author has refused to republish or refuses to republish after death of the author.

tion of books

which the proprietor

to allow the republication of the same, and that by reason of such refusal such book may be withheld from the public, to grant a licence to such complainant to publish such book, in such manner and subject to such conditions as they may think fit, and that it shall be lawful for such complainant to publish such book according to such licence.

5&6

Vict.

c. 45.

of this act,

editions, to

within cer

British

VI. And be it enacted, That a printed copy of the Copies of books pubwhole of every book which shall be published after the lished after passing of this act, together with all maps, prints, or other the passing engravings belonging thereto, finished and coloured in and of all the same manner as the best copies of the same shall be subsequent published, and also of any second or subsequent edition be delivered which shall be so published with any additions or altera- tain times tions, whether the same shall be in letter-press, or in the at the maps, prints, or other engravings belonging thereto, and Museum. whether the first edition of such book shall have been published before or after the passing of this act, and also of any second or subsequent edition of every book of which the first or some preceding edition shall not have been delivered for the use of the British Museum, bound, sewed, or stitched together, and upon the best paper on which the same shall be printed, shall, within one calendar month after the day on which any such book shall first be sold, published, or offered for sale within the bills of mortality, or within three calandar months if the same shall first be sold, published or offered for sale in any other part of the United Kingdom, or within twelve calendar months after the same shall first be sold, published, or offered for sale in any other part of the British dominions, be delivered, on behalf of the publisher thereof, at the British Museum.

VII. And be it enacted, That every copy of any book Mode of delivering at which under the provisions of this act ought to be deliv- the British ered as aforesaid shall be delivered at the British Museum Museum. between the hours of ten in the forenoon and four in the afternoon on any day except Sunday, Ash Wednesday, Good Friday, and Christmas Day, to one of the officers of the said Museum, or to some person authorized by the

5 & 6 Vict. c. 45.

A copy of

to be deliv

a month after de

Stationers'

for the fol

lowing libraries : the Bod

of Advo

cates at

trustees of the said Museum to receive the same; and such officer or other person receiving such copy is hereby required to give a receipt in writing for the same, and such delivery shall to all intents and purposes be deemed to be good and sufficient delivery under the provisions of this act.

VIII. And be it enacted, That a copy of the whole of every book every book, and of any second or subsequent edition of ered within of every book containing additions and alterations, together with all maps and prints belonging thereto, which mand to the after the passing of this act shall be published, shall, on officer of the demand thereof in writing, left at the place of abode of Company, the publisher thereof at any time within twelve months next after the publication thereof, under the hand of the officer of the Company of Stationers, who shall from time leian at Ox- to time be appointed by the said company for the purford, the Public Li- poses of this act, or under the hand of any other person brary at thereto authorized by the persons or bodies politic and Cambridge, the Faculty corporate, proprietors and managers of the libraries following, (videlicet,) the Bodleian Library at Oxford, the Edinburgh, Public Library at Cambridge, the library of the Faculty and that of of Advocates at Edinburgh, the library of the College of Trinity College, the Holy and Undivided Trinity of Queen Elizabeth near Dublin. Dublin, be delivered upon the paper of which the largest number of copies of such book or edition shall be printed for sale, in the like condition as the copies prepared for sale by the publisher thereof respectively, within one month after demand made thereof in writing as aforesaid, to the said officer of the said Company of Stationers for the time being, which copies the said officer shall and he is hereby required to receive at the hall of the said company, for the use of the library for which such demand shall be made within such twelve months as aforesaid; and the said officer is hereby required to give a receipt in writing for the same, and within one month after any such book shall be so delivered to him as aforesaid to deliver the same for the use of such library.

IX. Provided also, and be it enacted, That if any publisher shall be desirous of delivering the copy of such

5 & 6

Vict.

c. 45.

the libra

book as shall be demanded on behalf of any of the said libraries at such library, it shall be lawful for him to deliver the same at such library, free of expence, to such librarian or other person authorized to receive the same Publishers (who is hereby required in such case to receive and give may deliver the copies a receipt in writing for the same,) and such delivery shall to the librato all intents and purposes of this act be held as equiva- of at the ries, instead lent to a delivery to the said officer of the Stationers' Stationers' Company. Company. X. And be it enacted, That if any publisher of any Penalty for such book, or of any second or subsequent edition of any default in delivering such book, shall neglect to deliver the same, pursuant to copies for this act, he shall for every such default forfeit, besides the use of the value of such copy of such book or edition which he ries ought to have delivered, a sum not exceeding five pounds, to be recovered by the librarian or other officer (properly authorized) of the library for the use whereof such copy should have been delivered, in a summary way, on conviction before two justices of the peace for the county or place where the publisher making default shall reside, or by action of debt or other proceeding of the like nature, at the suit of such librarian or other officer, in any court of record in the United Kingdom; in which action, if the plaintiff shall obtain a verdict, he shall recover his costs reasonably incurred, to be taxed as between attorney and client.

Hall.

XI. And be it enacted, That a book of registry, Book of registry to be wherein may be registered, as hereinafter enacted, the kept at proprietorship in the copyright of books, and assignments Stationers" thereof, and in dramatic and musical pieces, whether in manuscript or otherwise, and licences affecting such copyright, shall be kept at the hall of the Stationers' Company by the officer appointed by the said company for the purposes of this act, and shall at all convenient times be open to the inspection of any person, on payment of one shilling for every entry which shall be searched for or inspected in the said book; and that such officer shall, whenever thereunto reasonably required, give a copy of any entry in such book, certified under his hand, and impressed with the

5 & 6 Vict. c. 45.

Making a false entry

stamp of the said company, to be provided by them for that purpose, and which they are hereby required to provide, to any person requiring the same, on payment to him of the sum of five shillings; and such copies so certified and impressed shall be received in evidence in all courts, and in all summary proceedings, and shall be prima facie proof of the proprietorship or assignment of copyright or licence as therein expressed, but subject to be rebutted by other evidence, and in the case of dramatic or musical pieces shall be prima facie proof of the right of representation or performance, subject to be rebutted as aforesaid.

XII. And be it enacted, That if any person shall wilin the book fully make or cause to be made any false entry in the of registry registry book of the Stationers' Company, or shall wilfully

a misde

meanor.

Entries of copyright may be

book of

registry.

produce or cause to be tendered in evidence any paper falsely purporting to be a copy of any entry in the said book, he shall be guilty of an indictable misdemeanor, and shall be punished accordingly.

XIII. And be it enacted, That after the passing of this act it shall be lawful for the proprietor of copyright in made in the any book heretofore published, or in any book hereafter to be published, to make entry in the registry book of the Stationers' Company of the title of such book, the time of the first publication thereof, the name and place of abode of the publisher thereof, and the name and place of abode of the proprietor of the copyright of the said book, or of any portion of such copyright, in the form in that behalf given in the schedule to this act annexed, upon payment of the sum of five shillings to the officer of the said company; and that it shall be lawful for every such registered proprietor to assign his interest, or any portion of his interest therein, by making entry in the said book of registry of such assignment, and of the name and place of abode of the assignee thereof, in the form given in that behalf in the said schedule, on payment of the like sum; and such assignment so entered shall be effectual in law to all intents and purposes whatsoever, without being subject to any stamp or duty, and shall be of the same